‘‘(I) an order restraining the pro-
vider from providing access to an
identified subscriber of the system or
network of the interactive computer
service provider, if the court deter-
mines that there is probable cause to
believe that such subscriber is using
that access to violate this section (or
to engage with another person in a
communication that violates this sec-
tion), by terminating the specified ac-
count of that subscriber; and
‘‘(II) an order restraining the
provider from providing access, by
taking reasonable steps specified in
the order to block access, to a specific,
identified, foreign online location;
‘‘(ii) arising out of activity described
in paragraph (1)(A)(ii), the injunctive re-
lief is limited to—
‘‘(I) the orders described in
clause (i)(I);
‘‘(II) an order restraining the
provider from providing access to the
material or activity that violates this
section at a particular online site re-
siding on a computer server operated
or controlled by the provider; and
‘‘(III) such other injunctive rem-
edies as the court considers necessary
to prevent or restrain access to speci-
fied material or activity that is pro-
hibited by this section at a particular
online location residing on a computer
server operated or controlled by the
provider, that are the least burden-
some to the provider among the forms
of relief that are comparably effective
for that purpose.
‘‘(C) CONSIDERATIONS.—The court, in de-
termining appropriate injunctive relief under
this paragraph, shall consider—
‘‘(i) whether such an injunction, either
alone or in combination with other such in-
junctions issued, and currently operative,
against the same provider would signifi-
cantly (and, in the case of relief under sub-
paragraph (B)(ii), taking into account,
among other factors, the conduct of the
provider, unreasonably) burden either the
provider or the operation of the system or
network of the provider;
‘‘(ii) whether implementation of such
an injunction would be technically feasible
and effective, and would not materially
interfere with access to lawful material at
other online locations;
‘‘(iii) whether other less burdensome
and comparably effective means of pre-
venting or restraining access to the illegal
material or activity are available; and
‘‘(iv) the magnitude of the harm likely
to be suffered by the community through
the accessibility of illegal activity.
‘‘(D) NOTICE AND EX PARTE ORDERS.—
Injunctive relief under this paragraph shall not
be available without notice to the service pro-
vider and an opportunity for such provider to
appear before the court, except for orders en-
suring the preservation of evidence or other or-
ders having no material adverse effect on the
operation of the communications network of the
service provider.
‘‘(4) ADVERTISING
OR
PROMOTION
OF
NON-
INTERNET GAMBLING.—
‘‘(A) DEFINITIONS.—In this paragraph:
‘‘(i) CONDUCTED.—With respect to a
gambling activity, that activity is ‘con-
ducted’ in a State if the State is the State
in which the gambling establishment (as
defined in section 1081) that offers the
gambling activity being advertised or pro-
moted is physically located.
‘‘(ii) NON-INTERNET
GAMBLING
AC-
TIVITY.—The term ‘non-Internet gambling
activity’ means—
‘‘(I) a gambling activity in which
the placing of the bet or wager is not
conducted by the Internet; or
‘‘(II) a gambling activity to
which the prohibitions of this section
do not apply.
‘‘(B) IMMUNITY FROM LIABILITY FOR USE
BY ANOTHER.—
‘‘(i) IN
GENERAL.—An interactive
computer service provider described in
clause (ii) shall not be liable, under any
provision of Federal or State law prohib-
iting or regulating gambling or gambling-
related activities, or under any State law
prohibiting or regulating advertising and
promotional activities, for—
‘‘(I) content, provided by another
person, that advertises or promotes
non-Internet gambling activity that
violates such law (unless the provider
is engaged in the business of such
gambling), arising out of any of the
activities 
described 
in 
paragraph
(1)(A) (i) or (ii); or
‘‘(II) content, provided by an-
other person, that advertises or pro-
motes non-Internet gambling activity
that is lawful under Federal law and
the law of the State in which such
gambling activity is conducted.
‘‘(ii) 
ELIGIBILITY.—An 
interactive
computer service is described in this clause
only if the provider—
‘‘(I) maintains and implements a
written or electronic policy that re-
quires the provider to terminate the
account of a subscriber of its system
or network expeditiously following the
receipt by the provider of a notice de-
scribed in paragraph (2)(B) alleging
that such subscriber maintains a
website on a computer server con-
trolled or operated by the provider for
the purpose of engaging in advertising
or promotion of non-Internet gam-
bling activity prohibited by a Federal
law or a law of the State in which
such activity is conducted;
‘‘(II) with respect to the par-
ticular material or activity at issue,
has not knowingly permitted its com-
puter server to be used to engage in
the advertising or promotion of non-
Internet gambling activity that the
provider knows is prohibited by a
Federal law or a law of the State in
which the activity is conducted, with
the specific intent that such server be
used for such purpose; and
‘‘(III) at reasonable cost, offers
residential customers of the provider’s
Internet access service, if the provider
provides Internet access service to
such customers, computer software, or
another filtering or blocking system
that includes the capability of filtering
or blocking access by minors to online
Internet gambling sites that violate
this section.
‘‘(C) NOTICE TO INTERACTIVE COMPUTER
SERVICE PROVIDERS.—
‘‘(i) NOTICE FROM FEDERAL LAW EN-
FORCEMENT
AGENCY.—If an interactive
computer service provider receives from a
Federal law enforcement agency, acting
within its authority and jurisdiction, a
written or electronic notice described in
paragraph (2)(B), that a particular online
site residing on a computer server owned,
controlled, or operated by or for the pro-
vider is being used by another person to
advertise or promote non-Internet gam-
bling activity that violates a Federal law
prohibiting or regulating gambling or gam-
bling-related activities, the provider shall
expeditiously take the actions described in
paragraph (2)(A) (i) or (ii) with respect to
the advertising or promotion identified in
the notice.
‘‘(ii) NOTICE FROM STATE LAW EN-
FORCEMENT
AGENCY.—If an interactive
computer service provider receives from a
State law enforcement agency, acting with-
in its authority and jurisdiction, a written
or electronic notice described in paragraph
(2)(B), that a particular online site resid-
ing on a computer server owned, con-
trolled, or operated by or for the provider
is being used by another person to adver-
tise or promote non-Internet gambling ac-
tivity that is conducted in that State and
that violates a law of that State prohib-
iting or regulating gambling or gambling-
related activities, the provider shall expedi-
tiously take the actions described in para-
graph (2)(A) (i) or (ii) with respect to the
advertising or promotion identified in the
notice.
‘‘(D) INJUNCTIVE
RELIEF.—The United
States, or a State law enforcement agency, act-
ing 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 inter-
active computer service by another person to
advertise or promote non-Internet gambling ac-
tivity that violates a Federal law, or a law of
the State in which such activity is conducted
that prohibits or regulates gambling or gam-
bling-related activities, as applicable. The proce-
dures described in paragraph (3)(D) shall apply
to actions brought under this subparagraph,
and the relief in such actions shall be limited
to—
‘‘(i) an order requiring the provider to
remove or disable access to the advertising
or promotion of non-Internet gambling ac-
tivity that violates Federal law, or the law
of the State in which such activity is con-
ducted, as applicable, at a particular online
site residing on a computer server con-
trolled or operated by the provider;
‘‘(ii) an order restraining the provider
from providing access to an identified sub-
scriber of the system or network of the
provider, if the court determines that such
subscriber maintains a website on a com-
puter server controlled or operated by the
provider that the subscriber is knowingly
using or knowingly permitting to be used
to advertise or promote non-Internet gam-
bling activity that violates Federal law or
the law of the State in which such activity
is conducted; and
‘‘(iii) an order restraining the provider
of the content of the advertising or pro-
motion of such illegal gambling activity
from disseminating such advertising or
promotion on the computer server con-
trolled or operated by the provider of such
interactive computer service.
‘‘(E) APPLICABILITY.—The provisions of
subparagraphs (C) and (D) do not apply to the
content described in subparagraph (B)(i)(II).
‘‘(5) EFFECT ON OTHER LAW.—
‘‘(A) IMMUNITY FROM LIABILITY FOR COM-
PLIANCE.—An interactive computer service pro-
vider shall not be liable for any damages, pen-
alty, or forfeiture, civil or criminal, under Fed-
eral or State law for taking in good faith any
action described in paragraph (2)(A) to comply
with a notice described in paragraph (2)(B), or
complying with any court order issued under
paragraph (3).
‘‘(B) DISCLAIMER
OF
OBLIGATIONS.—
Nothing in this section may be construed to im-
pose or authorize an obligation on an inter-
active computer service provider described in
paragraph (1)(B)—
‘‘(i) to monitor material or use of its
service; or
‘‘(ii) except as required by a notice or
an order of a court under this subsection,
to gain access to, to remove, or to disable
access to material.
‘‘(C) RIGHTS OF SUBSCRIBERS.—Nothing
in this section may be construed to prejudice
the right of a subscriber to secure an appro-
priate determination, as otherwise provided by
law, in a Federal court or in a State or local
tribunal or agency, that the account of such
subscriber should not be terminated pursuant
to this subsection, or should be restored.
‘‘(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, 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 lot-
teries 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
private network or a closed-loop subscriber
based service regulated and operated by
the State lottery or its expressly des-
ignated agent for such activity;
‘‘(iii) each person placing or otherwise
making that bet or wager—
‘‘(I) is physically located when
such bet or wager is placed at a facil-
ity that is open to the general public;
or
‘‘(II) recieves from the State lot-
tery a user name and password spe-
cific to the individual player for use in
betting and wagering in the State lot-
tery or multi-State lottery; and
‘‘(iv) each such lottery complies with
sections 1301 through 1304, and other ap-
plicable provisions of Federal law;
‘‘(B) any otherwise lawful bet or wager
that is placed, received, or otherwise made on
an interstate or intrastate basis on a live horse
or a live dog race or on jai alai, or the sending,
receiving, or inviting of information assisting in
the placing of such a bet or wager, if such bet
or wager, or the transmission of such informa-
tion, as applicable, is—
‘‘(i) expressly authorized, and licensed
or regulated by the State in which such bet
or wager is received, under applicable Fed-
eral and such State’s laws;
‘‘(ii) placed on a closed-loop sub-
scriber-based service;
‘‘(iii) initiated from a State in which
betting or wagering on that same type of
live horse or live dog racing or on jai alai
is lawful and received in a State in which
such betting or wagering is lawful;
‘‘(iv) subject to the regulatory over-
sight of the State in which the bet or
wager is received and subject by such
State to minimum control standards for
the accounting, regulatory inspection, and
auditing of all such bets or wagers trans-
mitted from 1 State to another; and
‘‘(v) in the case of—
‘‘(I) live horse racing, made in
accordance with the Interstate Horse
Racing Act of 1978 (15 U.S.C. 3001
et seq.); or
‘‘(II) live dog racing, subject to
consent agreements that are com-
parable to those required by the Inter-
state Horse Racing Act of 1978, ap-
proved by the appropriate State regu-
latory agencies, in the State in which
the live dog race takes place, and in
the State in which the bet or wager is
accepted;
‘‘(C) any otherwise lawful bet or wager
that is placed, received, or otherwise made
wholly intrastate, or the sending, receiving, or
inviting of information assisting in the placing
of such a bet or wager, if such bet or wager,
or the transmission of such information, as ap-
plicable is—
‘‘(i) expressly authorized, and licensed
or regulated by the State in which such bet
or water is initiated and received, under
applicable Federal and such State’s laws;
and
‘‘(ii) placed on a closed-loop sub-
scriber based service; or
‘‘(D) any otherwise lawful bet or wager
that is placed, received, or otherwise made for
a fantasy sports league game or contest.
‘‘(2) BETS OR WAGERS MADE BY AGENTS OR
PROXIES.—
‘‘(A) IN
GENERAL.—Paragraph (1) does
not apply in any case in which a bet or wager
is placed, received, or otherwise made by the
use of an agent or proxy using the Internet or
an interactive computer service.
‘‘(B) QUALIFICATION.—Nothing in this
paragraph may be construed to prohibit the
owner operator of a parimutuel wagering facil-
ity that is licensed by a State from employing
an agent in the operation of the account wager-
ing system owned or operated by the parimutuel
facility.
‘‘(3) ADVERTISING AND PROMOTION.—The pro-
hibition of subsection (b)(1)(B) does not apply to
advertising, promotion, or other communication by,
or authorized by, anyone licensed to operate a gam-
bling business in a State.
‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to affect any prohibition or remedy
applicable to a person engaged in a gambling business
under any other provision of Federal or State law.’’.
(b) TECHNICAL
AMENDMENT.—The analysis for
chapter 50 of title 18, United States Code, is amended
by adding at the end the following:
‘‘1085. Internet gambling.’’.
SEC. 3. REPORT ON ENFORCEMENT.
Not later than 3 years after the date of enactment
of this Act, the Attorney General shall submit to Congress
a report, which shall include—
(1) an analysis of the problems, if any, associ-
ated with enforcing section 1085 of title 18, United
States Code, as added by section 2 of this Act;
(2) recommendations for the best use of the re-
sources of the Department of Justice to enforce that
section; and
(3) an estimate of the amount of activity and
money being used to gamble on the Internet.
SEC. 4. SEVERABILITY.
If any provision of this Act, an amendment made by
this Act, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of this Act, the amendments made
by this Act, and the application of this Act and the provi-
sions of such amendments to any other person or cir-
cumstance shall not be affected thereby.
Æ