The House Subcommittee on Crime (Judiciary) approved Rep. McCollom's HR 4427 today advancing the Internet Gambling Prohibition Act. The mark-up session for the bill was stymied due to lack of a quorum. But as Judiciary Committee members filed in to deal with the Starr report, a short subcommittee voice vote was held to approve HR 4427. Rep. McCollom also offered the following amendments to the bill which were approved.
AMENDMENT TO HR. 4427 OFFERED BY MR. McCOLLUM OF FLORIDA
Page 3, line 23, insert ", a simulation adventure game," after "sports game".
Page 7, beginning in line 12, strike "provision of communications services" and insert "transmitting, routing, or providing connections for communications (including intermediate and temporary storage in the course of such transmitting, routing, or providing connections)".
Page 7, line 17, after "receipt," insert "storage,".
Page 8, after line 12, insert the following (and redesignate any succeeding paragraphs accordingly):
"(3) PROTECTION OF PRIVACY.—Nothing in this section shall be construed to impose or authorize an obligation on any interactive computer service to—
"(A) monitor use of its service; or
"(B) except as required by an order of a court, to gain access to, remove, or disable access to material in any case in which such conducted is prohibited by law.".
Page 8, line 14, after "to preempt any State law" insert ", except that the defenses set forth in subsections (b)(2) or (b)(3) and the injunctive relief provisions of subsection (c)(4) shall preempt any State law in so far as such law applies to a communication in interstate or foreign commerce".
Page 10, line 1, strike "business" and insert "material".
Page 6, strike line 16 and all that follows through line 6 on page 7 and insert the following:
"(C) information assisting in the placing of bets and wagers, including common pool wagering, or parimutuel bets or wagers conducted by an interactive computer service, if such betting or wagering—
"(i) is legal in the State or foreign country or on Indian lands pursuant to the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) in which the transmission originates; and
"(ii) is legal in each State, each foreign country and on Indian lands pursuant to the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) in which the sender intends the transmission to be received for the purposes of betting or wagering; or
"(D) advertising, promotion, or other communication by, or authorized by, anyone licensed or authorized to operate a gambling business in a State or on Indian lands.
Page 10, in each of lines 11 and 19, strike "State" and insert "Federal, State,".