The Wire Act rightly keeps the federal government out of otherwise legal business, whereas Kyl's bill would create a whole new class of federal crimes. Even an office e-mail system could fall within that broad a definition. At first glance, the political odds seem to favor it. After all, few left-wing activists will raise First Amendment objections on behalf of Internet gambling. And conservatives, while nominally in favor of free markets, make notable exceptions for activities like gambling that smack too much of the pursuit of happiness.
Powerful lobbies favor a ban on Internet gambling.
The established, off-line gambling industry has huge overhead costs and a corresponding fear of new competitors. It also brings very deep pockets to the debate. State and municipal authorities, having grown fond of nurturing and taxing local gambling, worry Internet gambling will put their cash cows out to pasture. Regardless of the political forces working in its favor, though, the Internet Gambling Prohibition Act would make for poor public policy. We do not need a new law that specially targets Internet gambling because, as the Department of Justice has admitted, the Wire Act already applies.