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28. For a description of the lobbying power of the

licensed gambling industry and its influence on Kyl, see

generally Stone.

29. See Internet Gambling Prohibition Act of 1998, Kyl

(and Bryan) Amendment No. 3266, to Departments of

Commerce, Justice, and State, the Judiciary, and Related

Agencies Appropriations Act of 1999, S. 2260 (hereinafter

Internet Gambling Prohibition Act of 1998, Amendment to S.

2260), 105th Cong., 2d sess., 1998.

30. See ibid. at § 1085(e)(1)(A), which exempts from pro-

hibition any "otherwise lawful bet or wager that is

placed, received, or otherwise made wholly intrastate for

a State lottery or racing or parimutuel activity, or a

multi-State lottery" under certain conditions, and § 1085(e)(1)(B),

which similarly exempts Indian games conducted on Indian

lands.

31. See Bryan Amendment No. 3267, to Internet Gambling

Prohibition Act of 1998, Amendment to S. 2260, 105th

Cong., 2d sess., 1998, which changes § 1081(6)(D) in the

act's definition of "bets or wagers" to exclude reasonable

administrative fees paid to participate in fantasy sport

or rotisserie leagues.

32. Internet Gambling Prohibition Act of 1998, Amendment

to S. 2260, § 1085(b) makes it "unlawful for a person

knowingly to use the Internet or any other interactive

computer service--(A) to place, receive, or otherwise make

a bet or wager with any person; or (B) to send, receive,

or invite information [intentionally] assisting in the

placing of a bet or wager. . . ."  Section 1085(c) sub-

jects gambling businesses to a similarly broad ban.

33. "Congressional Update," Fort Worth Star-Telegram,

October 22, 1998, p. 8.

34. The Department of Justice complained that Kyl's bill

would unduly expand federal law.  "In our view, extending

federal jurisdiction to cover mere bettors would be both

unnecessary and unwise."  L. Anthony Sutin, acting assis-

tant attorney general, U.S. Department of Justice, Office

of Legislative Affairs, letter to Sen. Patrick J. Leahy,

May 28, 1998, p. 3; copy on file with the author.

35. 18 U.S.C.S. § 1084(a) (1998).

36. Internet Gambling Prohibition Act of 1998, Amendment

to S. 2260, § 1085(b).