‘‘(A) fined in an amount equal to not more
than the greater of—
‘‘(i) the total amount that such person
bet or wagered, or placed, received, or ac-
cepted in bets or wagers, as a result of en-
gaging in that business in violation of this
section; or
‘‘(ii) $20,000;
‘‘(B) imprisoned not more than 4 years; or
‘‘(C) both.
‘‘(3) PERMANENT
INJUNCTIONS.—Upon convic-
tion of a person under this section, the court may
enter a permanent injunction enjoining such person
from placing, receiving, or otherwise making bets or
wagers or sending, receiving, or inviting information
assisting in the placing of bets or wagers.
‘‘(c) CIVIL REMEDIES.—
‘‘(1) JURISDICTION.—The district courts of the
United States shall have original and exclusive juris-
diction to prevent and restrain violations of this sec-
tion by issuing appropriate orders in accordance with
this section, regardless of whether a prosecution has
been initiated under this section.
‘‘(2) PROCEEDINGS.—
‘‘(A) INSTITUTION
BY
FEDERAL
GOVERN-
MENT.—
‘‘(i) IN GENERAL.—The United States
may institute proceedings under this sub-
section to prevent or restrain a violation of
this section.
‘‘(ii) RELIEF.—Upon application of
the United States under this subparagraph,
the district court may enter a temporary re-
straining order or an injunction against
any person to prevent or restrain a viola-
tion of this section if the court determines,
after notice and an opportunity for a hear-
ing, that there is a substantial probability
that such violation has occurred or will
occur.
‘‘(B) INSTITUTION
BY
STATE
ATTORNEY
GENERAL.—
‘‘(i) IN GENERAL.—The attorney gen-
eral of a State (or other appropriate State
official) in which a violation of this section
allegedly has occurred or will occur, after
providing written notice to the United
States, may institute proceedings under this
subsection to prevent or restrain the viola-
tion.
‘‘(ii) RELIEF.—Upon application of
the attorney general (or other appropriate
State official) of an affected State under
this subparagraph, the district court may
enter a temporary restraining order or an
injunction against any person to prevent or
restrain a violation of this section if the
court determines, after notice and an oppor-
tunity for a hearing, that there is a sub-
stantial probability that such violation has
occurred or will occur.
‘‘(C) INDIAN LANDS.—Notwithstanding sub-
paragraphs (A) and (B), for a violation that is
alleged to have occurred, or may occur, on In-
dian lands (as that term is defined in section 4
of the Indian Gaming Regulatory Act (25 U.S.C.
2703))—
‘‘(i) the United States shall have the
enforcement authority provided under sub-
paragraph (A); and
‘‘(ii) the enforcement authorities speci-
fied in an applicable Tribal-State compact
negotiated under section 11 of the Indian
Gaming Regulatory Act (25 U.S.C. 2710)
shall be carried out in accordance with that
compact.
‘‘(D) EXPIRATION.—Any temporary re-
straining order or preliminary injunction en-
tered pursuant to subparagraph (A) or (B) shall
expire if, and as soon as, the United States, or
the attorney general (or other appropriate State
official) of the State, as applicable, notifies the
court that issued the order or injunction that the
United States or the State, as applicable, will
not seek a permanent injunction.
‘‘(3) EXPEDITED PROCEEDINGS.—
‘‘(A) IN GENERAL.—In addition to any pro-
ceeding under paragraph (2), a district court
may, in exigent circumstances, enter a tem-
porary restraining order against a person al-
leged to be in violation of this section upon ap-
plication of the United States under paragraph
(2)(A), or the attorney general (or other appro-
priate State official) of an affected State under
paragraph (2)(B), without notice and the oppor-
tunity for a hearing as provided in rule 65(b)
of the Federal Rules of Civil Procedure (except
as provided in subsection (d)(3)), if the United
States or the State, as applicable, demonstrates
that there is probable cause to believe that the
use of the Internet or other interactive computer
service at issue violates this section.
‘‘(B) HEARINGS.—A hearing requested con-
cerning an order entered under this paragraph
shall be held at the earliest practicable time.
‘‘(d) INTERACTIVE COMPUTER SERVICE PROVIDERS.—
‘‘(1) IMMUNITY FROM LIABILITY FOR USE BY AN-
OTHER.—
‘‘(A) IN
GENERAL.—An interactive com-
puter service provider described in subparagraph
(B) shall not be liable, under this section or any
other provision of Federal or State law prohib-
iting or regulating gambling or gambling-related
activities, for the use of its facilities or services
by another person to engage in Internet gam-
bling activity or advertising or promotion of
Internet gambling activity that violates such
law—
‘‘(i) arising out of any transmitting,
routing, or providing of connections for
gambling-related material or activity (in-
cluding intermediate and temporary storage
in the course of such transmitting, routing,
or providing connections) by the provider,
if—
‘‘(I) the material or activity was
initiated by or at the direction of a
person other than the provider;
‘‘(II) the transmitting, routing, or
providing of connections is carried out
through an automatic process without
selection of the material or activity by
the provider;
‘‘(III) the provider does not select
the recipients of the material or activ-
ity, except as an automatic response to
the request of another person; and
‘‘(IV) the material or activity is
transmitted through the system or net-
work of the provider without modifica-
tion of its content; or
‘‘(ii) arising out of any gambling-re-
lated material or activity at an online site
residing on a computer server owned, con-
trolled, or operated by or for the provider,
or arising out of referring or linking users
to an online location containing such mate-
rial or activity, if the material or activity
was initiated by or at the direction of a
person other than the provider, unless the
provider fails to take expeditiously, with re-
spect to the particular material or activity
at issue, the actions described in paragraph
(2)(A) following the receipt by the provider
of a notice described in paragraph (2)(B).
‘‘(B) ELIGIBILITY.—An interactive com-
puter service provider is described in this sub-
paragraph only if the provider—
‘‘(i) maintains and implements a writ-
ten or electronic policy that requires the
provider to terminate the account of a sub-
scriber of its system or network expedi-
tiously following the receipt by the provider
of a notice described in paragraph (2)(B)
alleging that such subscriber has violated or
is violating this section; and
‘‘(ii) with respect to the particular ma-
terial or activity at issue, has not know-
ingly permitted its computer server to be
used to engage in activity that the provider
knows is prohibited by this section, with the
specific intent that such server be used for
such purpose.
‘‘(2) NOTICE TO INTERACTIVE COMPUTER SERV-
ICE PROVIDERS.—
‘‘(A) IN GENERAL.—If an interactive com-
puter service provider receives from a Federal or
State law enforcement agency, acting within its
authority and jurisdiction, a written or elec-
tronic notice described in subparagraph (B), that
a particular online site residing on a computer
server owned, controlled, or operated by or for
the provider is being used by another person to
violate 
this 
section, 
the 
provider 
shall
expeditiously—
‘‘(i) remove or disable access to the ma-
terial or activity residing at that online site
that allegedly violates this section; or
‘‘(ii) in any case in which the provider
does not control the site at which the subject
material or activity resides, the provider,
through any agent of the provider des-
ignated 
in 
accordance 
with 
section
512(c)(2) of title 17, or other responsible
identified employee or contractor—
‘‘(I) notify the Federal or State
law enforcement agency that the pro-
vider is not the proper recipient of
such notice; and
‘‘(II) upon receipt of a subpoena,
cooperate with the Federal or State law
enforcement agency in identifying the
person or persons who control the site.
‘‘(B) NOTICE.—A notice is described in this
subparagraph only if it—
‘‘(i) identifies the material or activity
that allegedly violates this section, and al-
leges that such material or activity violates
this section;
‘‘(ii) provides information reasonably
sufficient to permit the provider to locate
(and, as appropriate, in a notice issued
pursuant to paragraph (3)(A) to block ac-
cess to) the material or activity;
‘‘(iii) is supplied to any agent of a
provider designated in accordance with sec-
tion 512(c)(2) of title 17, if information re-
garding such designation is readily avail-
able to the public;
‘‘(iv) provides information that is rea-
sonably sufficient to permit the provider to
contact the law enforcement agency that
issued the notice, including the name of the
law enforcement agency, and the name and
telephone number of an individual to con-
tact at the law enforcement agency (and, if
available, the electronic mail address of that
individual); and
‘‘(v) declares under penalties of perjury
that the person submitting the notice is an
official of the law enforcement agency de-
scribed in clause (iv).
‘‘(3) INJUNCTIVE RELIEF.—
‘‘(A) IN GENERAL.—The United States, or a
State law enforcement agency acting within its
authority and jurisdiction, may, not less than 24
hours following the issuance to an interactive
computer service provider of a notice described
in paragraph (2)(B), in a civil action, obtain a
temporary restraining order, or an injunction to
prevent the use of the interactive computer serv-
ice by another person in violation of this section.
‘‘(B) LIMITATIONS.—Notwithstanding any
other provision of this section, in the case of any
application for a temporary restraining order or
an injunction against an interactive computer
‘‘(e) AVAILABILITY OF RELIEF.—The availability of
relief under subsections (c) and (d) shall not depend on,
or be affected by, the initiation or resolution of any action
under subsection (b), or under any other provision of Fed-
eral or State law.
‘‘(f) APPLICABILITY.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the
prohibition in this section does not apply to—
‘‘(A) any otherwise lawful bet or wager that
is placed and received, or otherwise made wholly
intrastate for a State lottery, or for a multi-
State lottery operated jointly between 2 or more
States in conjunction with State lotteries if—
‘‘(i) each such lottery is expressly au-
thorized, and licensed or regulated, under
applicable State law;
‘‘(ii) the bet or wager is placed on an
interactive computer service that uses a pri-
vate network or a closed-loop subscriber
based service regulated and operated by the
State lottery or its expressly designated
agent for such activity;
‘‘(iii) each person placing or otherwise
making that bet or wager is physically lo-
cated when such bet or wager is placed at