I believe the Subcommittee will agree with the Players Association that fantasy or rotisserie sports leagues are not within the scope of activity that ought to concern the government. After reviewing the proposal of Senator Kyl for introduction in the 106th Congress, it appears that the Senator has reached the same conclusion. As we understand it, both the prior bills and Senator Kyl s current proposal are attempts to solve the enforcement problem raised by the states attorneys general, namely that certain gambling activities that would be illegal under state law, or under federal law by virtue of 18 USC 1084, are avoiding enforcement because of the use of the Internet. We have no opposition to the enactment of legislation to facilitate the enforcement of state law for activities, including gambling, that are having an effect within a state s borders and which are unlawful within that state. The Major League Baseball Players Association does not condone gambling.
Sports gambling is a threat to the very sport that employs our members.
But in the past, we have opposed these bills for two reasons. First, the Association does not consider participation in fantasy baseball leagues to be gambling. Some prior bills have cast a net of prohibition too broadly and have, in fact, made illegal some currently legal activity for no apparent public policy reason. For that reason, we have been greatly troubled by the language in prior bills which we thought created a chilling effect on what are today legal Internet fantasy sports leagues in many states in order to assist certain other states in prohibiting online gambling by individuals within their borders. We saw no public policy being served by purposefully, or inadvertently, prohibiting such leagues where they are currently permitted.