Académique Documents
Professionnel Documents
Culture Documents
class II or class III gaming under the Indian Gaming Regulatory Act, are physically
located on Indian lands within that State;
(2) the State or Tribe has explicitly authorized such bets and wagers;
(3) the State has explicitly authorized and licensed the operation of the gambling
business, any facility processing the bets and wagers, and the sup- port service within its
borders or the Tribe has ex- plicitly authorized and licensed the operation of such gambling
business, any facility processing the bets and wagers, and the support service on Indian
lands within its jurisdiction;
(The paragraph goes on with some additional qualifications specific to Indian gaming.)
Rep. Leachs bill in that Congress, H.R. 556, has a very simple exemption for state-licensed
activity as well. H.R. 556 (b)(1) provides the definition of bets or wagers for the purpose of
that statute. (b)(1)(E) lists the various activities the definition should not include, and the last
one is:
ix. any lawful transaction with a business licensed or authorized by a state.
108th Congress: In the 108th Congress, Rep. Goodlatte did not introduce a bill in this area. Rep.
Leach introduced H.R. 21, which was reported by the House Financial Services Committee and
referred sequentially to the House Judiciary Committee. Rep. Chris Cannon (R-UT) offered an
amendment to strike the exemptions for horse racing and state-licensed interstate bets, which was
adopted. In response, Rep. Bachus introduced H.R. 2143, which was identical to H.R. 21, except
it lacked the civil and criminal penalties that caused the referral to the Judiciary Committee.
The state-licensed exception was identical to the one in H.R. 556.
109th Congress: Rep. Goodlatte introduced H.R. 4777, which once again amended the Wire
Act. Its exemption for state-licensed intrastate was virtually identical the one in H.R. 3215 from
the 107th Congress. It created a new 1084(d)
d) Nothing in this section prohibits the use of a communication facility for the transmission of bets or
wagers or information assisting in the placing of bets or wagers, if
(1)at the time the transmission occurs, the individual or entity placing the bets or wagers or
information assisting in the placing of bets or wagers, the gambling business, and any facility or
support service processing those bets or wagers is physically located in the same State, and the
State has a secure and effective customer verification and age verification system to assure
compliance with age and residence requirements, and for class II or class III gaming under the
Indian Gaming Regulatory Act, are physically located on Indian lands within that State;
(2)the State or Tribe has explicitly authorized such bets and wagers;
(3)the State has explicitly authorized and licensed the operation of the gambling business, any
facility processing the bets and wagers, and the support service within its borders or the Tribe has
explicitly authorized and licensed the operation of such gambling business, any facility processing
the bets and wagers, and the support service on Indian lands within its jurisdiction;