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The bill also provides that either federal or
state authorities can obtain injunctions in
federal district court against illegal Internet
gambling businesses.
The bill also provides that several types of
gambling are exempted. These include fantasy
sports leagues, state lotteries, and certain
activities under the Interstate Horse Racing Act
of 1978.
The bill also has an extensive set of provisions
dealing with interactive computer services,
which would include businesses such as America
Online and web hosting companies. The bill
contemplates that most illegal gambling
businesses will operate through web sites which
reside on servers owned by interactive computer
services.
Basically, the bill provides that interactive
computer service providers shall have,
no liability for hosting illegal gambling
businesses, no liability for shutting off
illegal gambling businesses which they host when
told to do so by law enforcement, and no duty to
monitor or shut off the activities of illegal
gambling web sites which they host,
provided that they shut off the illegal gambling
businesses when notified to do so by law
enforcement authorities, and otherwise comply
with the labyrinthine terms of the bill.
This bill contains a rather complicated
extension of the principles underlying the
immunity clauses of section 230 of the
Telecommunications Act of 1996. Interactive
computer service providers are merely conduits
for, and should not be held responsible for, the
communications of others.
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