Page 18
401 U.S. 808, 811 (1971), stating in dicta that "it cannot
be said, with certainty sufficient to justify a criminal
conviction, that Congress intended that interstate travel
by mere customers of a gambling establishment should vio-
late the Travel Act." But those cases do not address the
liability of interstate amateur bettors under § 1952(a)(1),
leaving the question unresolved.
24. See Interstate Transportation of Wagering Paraphernalia
Act, 18 U.S.C.S. § 1953(a) (1998): "(a) Whoever . . .
knowingly carries or sends in interstate or foreign com-
merce any record . . . or other device . . . for use in
(1) bookmaking; or (2) wagering pools with respect to a
sporting event; or (3) in a numbers . . . or similar game
shall be fined under this title or imprisoned for not more
than five years or both." But see § 1953(b) of the same
act, which exempts from the reach of § 1953 (a) transmis-
sions of materials the use of which is legal under appli-
cable state laws. See also Professional and Amateur
Sports Protection Act, 28 U.S.C.S. § 3702 (1998): "It
shall be unlawful for . . . (2) a person to sponsor, oper-
ate, advertise, or promote . . . [any] wagering scheme
based . . . on one or more competitive games in which ama-
teur or professional athletes participate . . . ." But
see § 3704 of the same act, which exempts from the reach
of § 3702 various preexisting gambling schemes and any
parimutuel animal racing or jai alai game.
25. John Russell, Justice Department spokesman, quoted in
Mark Camps, "Web Sports Gambling a Sure Bet, for Now," San
Francisco Chronicle, May 29, 1997, p. B3.
26. Unnamed spokesman from Kyl's office, quoted in Thomas
Moore, "Internet Gambling Receives New Blow," Las Vegas
Business Press, February 3, 1997, p. 18. Elsewhere, Kyl
himself said, "Currently, nonsports betting is interpreted
as legal." Sen. Jon Kyl of Arizona, Introductory Remarks
on the Internet Gambling Prohibition Act of 1997,
Congressional Record 143 (March 19, 1997): S2560.
27. Internet Gambling Prohibition Act of 1997, S. 474
(reported in the Senate), 105th Cong., 1st sess. (1997),
§ 1085(b)(1): "It shall be unlawful for a person to place,
receive, or otherwise make a bet or wager, via the
Internet. . . ." See also § 1085(c)(1): "It shall be
unlawful for a person engaged in the business of betting
or wagering to engage in that business through the
Internet. . . ." and § 1081 (6), defining "bets or wagers"
as "the staking or risking by any person of something of
value (other than a de minimus amount) upon the outcome of
a contest, sporting event, or game of chance. . . ."