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47. Internet backbone providers "may not be able to dif-

ferentiate gambling-related transmissions that are being

sent by a specific user of a particular computer system

from other transmissions sent by other users of that sys-

tem."  Sutin, p. 7.

48. Even though a casual gambler may find such evasive

techniques too complicated to bother with at present,

Internet gambling businesses have strong incentives to mas-

ter them--and to develop and disseminate evasive techniques

that consumers will find easy to use.

49. Sutin, p. 7.

50. Quoted in Crist, p. 85.

51. Ted Koppel, "The Odds of Stopping Gambling on the

Internet," ABC Nightline, April 7, 1998, excerpt of video-

taped statement by Kyl.  Kyl continued his analysis by

proposing a solution to this admitted problem: "So the way

that our legislation is enforced is to simply pull the

plug at the point of entry into the United States."  This

reveals a fundamental misunderstanding of how the Internet

works, however.  Thanks to packet switching, Internet

traffic from a given country can enter the United States

from any number of overseas sites.  To bar entry of

Internet traffic from, say, Antigua, Kyl would have to bar

all international communications.

52. Professor I. Nelson Rose of Whittier Law School, an

expert on gambling law, offered this trenchant analysis of

why the Department of Justice finally decided to apply

existing federal laws against Internet gambling:

Federal prosecutors had been criticized by

state attorneys general and Congress for not

doing anything about Internet gaming.  Now, by

striking at only six companies (and the safest

six to go after from a law-enforcement point-of-

view), the U.S. Attorney General has shown that

her U.S. Attorneys and FBI agents can put the

fear of God into the entire industry--using laws

already on the books.

Perhaps this was the secret agenda behind

these headline-grabbing arrests.  The DOJ has

made it clear that it does not support proposals

being considered by Congress, like the Kyl bill,

which would make it a federal crime to make a

bet on the Internet.  The DOJ has stated that it

does not want to go after first-time $5 bettors.