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37. Sutin, p. 1.

38. Internet Gambling Prohibition Act of 1998, Amendment

to S. 2260, § 1085(b)-(c), generally prohibits participat-

ing in or conducting the business of Internet gambling;

section 1085(e) exempts from prosecution only intrastate

wagers on state lotteries or licensed parimutuel activi-

ties, or wagers by persons physically located on duly

licensed Indian gaming sites.

39. 18 U.S.C.S. § 1084(b): "Nothing in this section shall

be construed to prevent . . . the transmission of informa-

tion assisting in the placing of bets or wagers on a

sporting event or contest from a State or foreign country

where betting on that sporting event or contest is legal

into a State or foreign country in which such betting is

legal."

40. See the definition of "interactive computer service"

in Internet Gambling Prohibition Act of 1998, Amendment to

S. 2260, § 1085(a)(3).

41. 18 U.S.C.S. § 1084(a).

42. Internet Gambling Prohibition Act of 1997, H.R. 2380

(introduced in the House), 105th Cong., 1st sess., 1997.

43. Ibid. at § 1084 (a)(2) levies criminal penalties on

anyone who "knowingly uses a communications facility for

the transmission or receipt in interstate or foreign com-

merce of bets or wagers. . . ."

44. Ibid. at § 1084(c)(2).  Kyl's Internet Gambling

Prohibition Act of 1998, Amendment to S. 2260, contains

similar provisions, though they require interactive computer

services to terminate the accounts only of customers who

have violated the act (§ 1085(d)(2)(C)(i)) and in all

other instances directs courts to consider the technical

and economic burdens that the demands of enforcing the act

may impose on service providers.  See § 1085(d)(2)(C)(ii).

45. Sutin, p. 7.

46. See generally Barry M. Leiner et al., "A Brief History

of the Internet," <http://info.isoc.org/internet/history/

brief.html>; and Kevin Werbach, "Digital Tornado: The

Internet and Telecommunications Policy," Federal

Communications Commission, Office of Policy and Plans

Working Paper Series 29, March 1997, <http://www.fcc.gov/

Bureaus/OPP/working_papers/>, pp. 16-18.