{ NOT AN OFFICIAL TRANSCRIPT OF THE SENATE PROCEEDINGS.}
THE CHAIR HAS SERVED AS AN ATTORNEY GENERAL FROM HIS STATE AND
HAS HEADED THE NATIONAL ASSOCIATION OF ATTORNEYS GENERAL. AS
THE DISTINGUISHED OCCUPANT OF THE CHAIR AND OTHERS KNOW, STATES
ATTORNEYS GENERAL DO NOT FREQUENTLY COME TO THE CONGRESS OF THE
UNITED STATES AND ASK FOR LEGISLATION UNLESS THEY ARE OF THE
OPINION THAT STATE ACTION IS INSUFFICIENT AND INCAPABLE OF
ADDRESSING THE PROBLEM. THAT IS THE VIEW OF THE NATIONAL
{20:45:39} (MR. BRYAN) { NOT AN OFFICIAL TRANSCRIPT }
ASSOCIATION OF ATTORNEYS GENERAL IN URGING SENATOR KYL AND ME
AND OTHERS TO MOVE FORWARD WITH THE LEGISLATION THAT BEARS THE
S. 474 DESIGNATION AND WHICH, IN ESSENCE, IS THE AMENDMENT THAT
WE ARE DEBATING ON THE FLOOR THIS EVENING. THE ATTORNEYS
GENERAL MAKE A VERY IMPORTANT POINT. THEY SAY, IN PART, IN A
LETTER WHICH WAS SENT TO ME ON MARCH 20 OF THIS YEAR AND SIGNED
BY A NUMBER OF STATES ATTORNEYS GENERAL THAT THE POTENTIAL
PROBLEMS CAUSED BY THE AVAILABILITY OF GAMES WORLDWIDE THROUGH
{20:46:12} (MR. BRYAN) { NOT AN OFFICIAL TRANSCRIPT }
THE INTERNET ARE EXACERBATED BECAUSE OF THE CURRENT INABILITY
OF INTERNET TECHNOLOGY TO ADDRESS MANY OF THE POLICY
CONSIDERATIONS THAT HAVE CAUSED STATES TO CREATE SUCH WIDELY
DISPARATE LEGAL AND REGULATORY SCHEMES. AND THEN THEY GO ON TO
SAY IN
THIS LETTER: "ADDITIONLY, THERE IS CURRENTLY NO EFFECTIVE
EFFECTIVE" -- I WANT TO EMPHASIZE THAT -- "NO EFFECTIVE
TECHNOLOGICAL MEANS TO VERIFY THE PHYSICAL LOCATION OF PLAYERS
AND PROPRIETORS IN ORDER TO ENSURE THAT PARTICIPANTS AND
{20:46:45} (MR. BRYAN) { NOT AN OFFICIAL TRANSCRIPT }
BUSINESSES ARE OPERATING UNDER THE LAWS OF THE INDIVIDUAL
JURISDICTIONS WHERE THEY ARE PHYSICALLY LOCATED." THAT IS THE
VIEW OF THE NATION'S ATTORNEYS GENERAL AS THEY HAVE COME TO THE
CONGRESS AND ASKED US TO SUPPORT THIS LEGISLATION. MR.
PRESIDENT, AGAIN, I WOULD ASK UNANIMOUS CONSENT THAT THE LETTER
SENT TO ME DATED MARCH 20, 1998, FROM THE NATIONAL ASSOCIATION
OF ATTORNEYS GENERAL BE MADE A PART OF THE RECORD.
{20:47:09 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: WITHOUT OBJECTION.
{20:47:12 NSP} (MR. BRYAN) { NOT AN OFFICIAL TRANSCRIPT }
MR. BRYAN: MR. PRESIDENT, I THINK MY COLLEAGUE HAS DONE AN
EXTRAORDINARILY GOOD JOB AND A VERY CLEAR EXPLANATION IN TERMS
OF WHAT WE ARE SEEKING TO ACCOMPLISH IN THIS AMENDMENT. THIS
SIMPLY REPRESENTS AN UP UPDATE TO REFLECT THE CHANGE OF
TECHNOLOGY. UNDER CURRENT LAW IT IS ILLEGAL TO WAGER OVER MAIL
AND TELEPHONE COMMUNICATIONS, AND WE SIMPLY INTEND BY THIS
AMENDMENT TO BRING CURRENT TECHNOLOGY SPEW COMPLIANCE -- INTO
{20:47:43} (MR. BRYAN) { NOT AN OFFICIAL TRANSCRIPT }
COMPLIANCE WITH THE TECHNOLOGY THAT WAS COVERED PREVIOUSLY BY
THIS PROHIBITION. INTERNET GAMBLING IS SPREADING EXPONENTIALLY.
IT APPROACHES NEARLY $1 BILLION IN ANNUAL REVENUE, $ $140 --
140 WEB SITES CURRENTLY OPERATE ON THE INTERNET. AND IT WILL
BE, AS MY COLLEAGUE FROM ARIZONA INDICATED IN HIS COMMENTS, A
MULTIBILLION-DOLLAR INDUSTRY BY THE TURN OF THE CENTURY. NOW,
{20:48:15} (MR. BRYAN) { NOT AN OFFICIAL TRANSCRIPT }
WHY HAVE THE STATES ATTORNEYS GENERAL APPROACHED US AND ASKED
US TO ENACT THIS LEGISLATION?
WHAT VICE EXISTS WITH RESPECT TO INTERNET GAMBLING THAT DOES
NOT EXIST ARE IT -- WITH RESPECT TO REGULATED GAMING IN THE
VARIOUS FORMS THAT THE STATES HAVE CHOSEN TO ADOPT IT?
FIRST OF ALL IS ACCESS. WHETHER ONE FAVORS GAMING OR ONE HAS A
STRONG RELIGIOUS OR MORAL VIEW OPPOSED TO GAMING, I BELIEVE
THAT ALL WOULD ACKNOWLEDGE THAT GAMING OUGHT TO BE AN ADULT
{20:48:48} (MR. BRYAN) { NOT AN OFFICIAL TRANSCRIPT }
RECREATIONAL ACTIVITY. UNDERSCORING THE WORD "ADULT." WHEN ONE
ACCESSES THE INTERNET AND THE VARIOUS WEB SITES THAT ARE
CURRENTLY ON THE INTERNET, THERE IS NO MEANS -- NO MEANS -- TO
ENFORCE THE AGE OF THAT INDIVIDUAL WHO IS ACCESSING THE
INTERNET. WE ALL KNOW FROM OUR CHILDREN AND GRANDCHILDREN THAT
TODAY'S YOUNGSTERS ENJOY A PROFICIENT SAY, A SOPHISTICATION, IF
YOU WILL -- A PROFICIENCY, A SOPHISTICATION, IF YOU WILL, IN
TERMS OF THEIR ABILITY TO SURF THE NET, TO UNDERSTAND THE WORLD
{20:49:27} (MR. BRYAN) { NOT AN OFFICIAL TRANSCRIPT }
OF COMPUTERS. IT IS VERY EASY -- VERY EASY -- FOR VERY YOUNG
CHILDREN TO GAIN ACCESS ON THE INTERNET AND THEREBY TO
PARTICIPATE IN INTERNET GAMBLING. I REPEAT, WHETHER ONE
SUPPORTS THE OPEN CASINO-STYLE OF GAMING THAT NEVADA HAS
LEGALIZED FOR MORE THAN SIX DECADES, OR TAKES THE MORE
RESTRICTIVE VIEW THAT THE POLICY-MAKERS IN THE STATES OF HAWAII
AND UTAH HAVE ADOPTED -- AND THAT IS TO PERMIT NONE -- NO ONE
{20:50:01} (MR. BRYAN) { NOT AN OFFICIAL TRANSCRIPT }
CAN JUSTIFY ACCESS TO A GAMING EXPERIENCE TO YOUNG CHILDREN WHO
MAY BE 12, 13 OR 14 YEARS OF AGE. AND THERE IS NO WAY, MR.
PRESIDENT, TO ENFORCE ACCESS TO THE INTERNET AND TO LIMIT IT TO
ONLY THOSE WHO ARE ADULT. SECONDLY, LET ME MAKE THE POINT THAT
IN THOSE STATES THAT HAVE CHOSEN TO ADOPT AND THOSE TRIBES THAT
HAVE ADOPTED FORMS OF GAMING PURSUANT TO THE INDIAN GAMING
REGULATORY ACT, THERE IS OR OUGHT TO BE MECHANISMS IN PLACE
{20:50:34} (MR. BRYAN) { NOT AN OFFICIAL TRANSCRIPT }
THAT MAKE SURE THAT THE INDIVIDUALS WHO ARE LICENSED TO OPERATE
THOSE GAMES HAVE BEEN CAREFULLY SCREENED IN TERMS OF BACKGROUND
FOR BOTH INTEGRITY IN TERMS OF THEIR RECORDS AND SUITABILITY SO
THAT NOBODY IS PERMITTED IN THE STATE OF NEVADA, FOR EXAMPLE,
TO OPERATE A GAMING ACTIVITY UNLESS HE OR SHE OR ITS CORPORATE
OFFICERS HAVE BEEN CAREFULLY SCREENED BY THE STATE GAMING
{20:51:06} (MR. BRYAN) { NOT AN OFFICIAL TRANSCRIPT }
CONTROL BOARD AND ULTIMATELY APPROVED BY THE STATE GAMING
COMMISSION. SO WHEN YOU PARTICIPATE IN A GAMING EXPERIENCE IN
STATES THAT PERMIT SOME FORM OF GAMING GAMING, IT IS REGULATED.
YOU KNOW THE INDIVIDUAL OPERATORS OF THE GAME. IN THE WORLD OF
CYBERSPACE, YOU KNOW NOT WITH WHOM YOU ARE COMMUNICATING.
NOBODY, MR. PRESIDENT -- AND I REPEAT, NOBODY -- HAS SCREENED
THOSE INDIVIDUALS IN ITEMS OF BACKGROUND, WHO THEY ARE, IN
{20:51:40} (MR. BRYAN) { NOT AN OFFICIAL TRANSCRIPT }
TERMS OF THEIR TRACK RECO, THEIR INTEGRITY OR THEIR
SUITABILITY. SO YOU ARE, IN EFFECT, PARTICIPATING IN A GAMING
EXPERIENCE IN WHICH YOU DO NOT KNOW WHO THE PEOPLE ARE THAT ARE
RUNNING THAT PARTICULAR WEB SITE. NUMBER THREE, THE ACTUAL
VIRTUAL GAMING EXPERIENCE ITSELF. EVERY GAMING DEVICE THAT IS
MADE AVAILABLE IN MY OWN STATE FOR CUSTOMERS TO PARTICIPATE IN
{20:52:13} (MR. BRYAN) { NOT AN OFFICIAL TRANSCRIPT }
HAS BEEN APPROVED BY THE NEVADA GAMING CONTROL BOARD AND THE
GAMING COMMISSION. TO MAKE SURE THAT THE DEVICE PROVIDED A
REASONABLE AND FAIR OPPORTUNITY FOR THE PLAYER TO WIN. SO THAT
THE GAME IS NOT RIGGED RIGGED, SO THAT UNDER NO CIRCUMSTANCES
COULD THE PLAYER WIN. NOW, NONE OF US, MR. PRESIDENT, ARE NAIVE
ENOUGH TO RECOGNIZE THAT THE ODDS CLEARLY FAVOR THE HOUSE. THAT
IS NOT MY POINT. BUT THE GAME OF CHANCE IS AN HONEST ONE.
{20:52:45} (MR. BRYAN) { NOT AN OFFICIAL TRANSCRIPT }
PARTICIPANTS, PLAYERS, HAVE AN OPPORTUNITY TO WIN. AND, INDEED,
MANY OF THEM DO. IN THE WORLD OF CYBERSPACE, NO ONE, BUT NO
ONE, HAS REGULATED THAT PARTICULAR DEVICE THAT IS BEING
OFFERED. SO THERE IS NO WAY FOR THE PLAYER TO KNOW WHETHER THAT
VIRTUAL GAME IS RIDDING IN SUCH A WAY THAT IT IS IMPOSSIBLE --
IS RIGGED IN SUCH A WAY THAT IT IS IMPOSSIBLE FOR HIM OR HER TO
WIN UNDER ANY CIRCUMSTANCES. AND, FINALLY, ASSUMING FOR THE
{20:53:22} (MR. BRYAN) { NOT AN OFFICIAL TRANSCRIPT }
SAKE OF ARGUMENT THAT ONE DOES PARTICIPATE AND DOES WIN, HOW DO
YOU KNOW WHETHER ANYBODY IS GOING TO BE AROUND WHEN YOU COME TO COLLECT THE MONEY?
MR. PRESIDENT, THE INTERNET AND THE E-MAIL SYSTEM IS FILLED
WITH DOZENS AND DOZENS OF PEOPLE WHO HAVE HAD EXPERIENCES THAT
HIGHLIGHT THE POINT THAT I AM SEEKING TO MAKE THIS EVENING. I
WILL NOT IMPOSE UPON THE PATIENCE OF THIS CHAMBER TO CITE ALL
{20:53:54} (MR. BRYAN) { NOT AN OFFICIAL TRANSCRIPT }
OF THEM BUT A COUPLE OF THEM I THINK ARE ILLUSTRATIVE AND MAKE
THE POINT. THIS IS IN A COMMUNICATION DATED APRIL 1 OF THIS
YEAR BY AN INDIVIDUAL WHO HAD PARTICIPATED IN INTERNET
GAMBLING. AND I QUOTE FROM HIS LETTER -- "I'VE TRIED BOTH OF
THE ABOVE ON-LINE CASINOS, AND I'M BEGINNING TO NOTICE A
STRANGE TREND. WHEN I PLAYED THE GAMES OFF-LINE -- JUST FOR
{20:54:25} (MR. BRYAN) { NOT AN OFFICIAL TRANSCRIPT }
PRACTICE -- THE ODDS SEEMED TO CONFORM. BUT WHEN I PLAYED
ON-LINE FOR REAL MONEY, THE WIN-LOSS RATIO SEEMED VERY
DISPROPORTIONATE COMPARED TO WHAT THEY WERE WHEN I WAS PLAYING
OFF-LINE. OF COURSE, I MAY HAVE BEEN JUST VERY UNLUCKY PLAYING
ON-LINE, BUT I'M STRONGLY SUSPICIOUS. I SUSPECT THAT THE ODDS
FOR REAL PLAY AND THE PRACTICE ARE QUITE DIFFERENT. I THINK
THESE GUYS CHEAT SOMEHOW, AND I'VE GIVEN UP ON THEM AND ON-LINE
{20:54:56} (MR. BRYAN) { NOT AN OFFICIAL TRANSCRIPT }
GAMBLING ALTOGETHER. OF COURSE, I CAN'T PROVE THAT THEY CHEAT.
WHO CAN?" MR. PRESIDENT, THE POINT BEING THERE IS NO REGULATOR
WHO, FIRST OF ALL, MAKES A DETERMINATION AS TO WHO OUGHT TO
HAVE A WEB SITE FOR GAMING ACTIVITY, NO WEB SITE -- OR NO
REGULATOR TO DETERMINE WHETHER OR NOT THE GAME OF CHANCE ITSELF
IS A FAIR AND HONEST ONE ONE, AND NO REGULATOR TO MAKE SURE
THAT, INDEED, IF THE PLAYER PREVAILS, THAT HE OR SHE IS ABLE TO
COLLECT. LET ME JUST CITE ONE OTHER WHICH I THINK IS
{20:55:35} (MR. BRYAN) { NOT AN OFFICIAL TRANSCRIPT }
ILLUSTRATIVE, AND THIS IS A LETTER DATED APRIL 30 OF THIS YEAR.
AND THE WRITER GOES ON TO OBSERVE, "THIS IS WHAT YOU FIND AT
THE BOTTOM OF 9 BARREL BARREL" -- REFERRING TO THE INDIVIDUAL
LETTER WRITER'S EXPERIENCE ON THE INTERNET WITH HIS OR HER
GAMBLING EXPERIENCE. "PRESUMABLY FROM NEW HAMPSHIRE HAMPSHIRE,
THESE GUYS SET I WANT AN ON-LINE BINGO SITE THAT WENT BELLY UP
IN A HURRY. THE MOST POPULAR THEORY IS THAT THEY HAD FEWER
PLAYERS THAN ANTICIPATED AND COULDN'T AFFORD TO PAY OFF THE
{20:56:12} (MR. BRYAN) { NOT AN OFFICIAL TRANSCRIPT }
WINNERS. SO THEY PULLED OFF A DISAPPEARING ACT THAT WOULD TURN
DAVID COPPERFIELD GREEN WITH ENVY." THAT'S THE POINT THAT I'M
SEEKING TO MAKE. SO, MR. PRESIDENT, I THINK THE POINT NEEDS TO
BE MADE THAT INTERNET GAMBLING IS A BAD BET BET. IT IS AN
UNREGULATED ACTIVITY IN WHICH CHILDREN HAVE ACCESS TO THE
GAMING EXPERIENCE, AND IT IS NOT AN ENTERPRISE THAT IS SUBJECT
TO REGULATION. AND THAT IS WHY THE STATES ATTORNEYS GENERAL
{20:56:44} (MR. BRYAN) { NOT AN OFFICIAL TRANSCRIPT }
HAVE ASKED US TO IMPOSE THIS. NOW, LET ME SIMPLY SAY THAT I
BELIEVE THAT THE PROHIBITION NEEDS TO BE ACROSS THE BOARD. MY
AMENDMENT MAKES ONE EXCEPTION AND THAT IS FOR THOSE -- AND
PERHAPS SOME OF MY COLLEAGUES HAVE PARTICIPATED -- AND THAT IS
IN THE SO-CALLED FANTASY SPORTS LEAGUES OR EDUCATIONAL GAMES
THAT OPERATE OVER THE INTERNET. SOME HAVE ESTIMATED THAT NEARLY
ONE MILLION AMERICANS PARTICIPATE IN FANTASY OR ROTISSERIE
{20:57:16} (MR. BRYAN) { NOT AN OFFICIAL TRANSCRIPT }
SPORTS TEAMS ON THE INTERNET RANGING FROM BASEBALL TO GOLF TO
AUTO RACING. THE SECOND-DEGREE AMENDMENT WHICH I HAVE OFFERED
TO THE SENATOR FROM ARIZONA'S FIRST-DEGREE AMENDMENT WOULD
SIMPLY INDICATE THAT THAT KIND OF ACTIVITY WHICH EXISTS WOULD
NOT BE PROHIBITED UNDER THE PROVISIONS OF THIS LEGISLATION.
AND, FINALLY, LET ME JUST SAY THAT INTERNET GATT BLING
CURRENTLY IS IN -- GAMBLING CURRENTLY IS IN VIOLATION OF THE
LAW. THE STATES' ATTORNEYS GENERAL AND U.S. ATTORNEYS ARE
{20:57:51} (MR. BRYAN) { NOT AN OFFICIAL TRANSCRIPT }
TRYING TO COMBAT IT. BUT, MR. PRESIDENT, THEY NEED OUR HELP.
AND THE ENFORCEMENT TOOL OR MECHANISM THAT THEY NEED IS IN THE
LEGISLATION OFFERED BY THE JUNIOR SENATOR FROM ARIZONA AND THE
SENATOR FROM NEVADA. AND I HOPE THAT ALL OF MY COLLEAGUES WILL
SUPPORT THIS IRRESPECTIVE OF THEIR OWN PERSONAL VIEWS TOWARDS
GAMING ITSELF. I THANK THE CHAIR AND YIELD THE FLOOR.
{20:58:17 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: THE SENATOR FROM NEW HAMPSHIRE.
{20:58:19 NSP} (MR. GREGG) { NOT AN OFFICIAL TRANSCRIPT }
MR. GREGG: I ASK UNANIMOUS CONSENT THAT THE SECOND-DEGREE
AMENDMENT OFFERED BY THE SENATOR FROM NEVADA BE ACCEPTED.
{20:58:25 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: IS THERE OBJECTION?
WITHOUT OBJECTION, SO ORDERED. THE SECOND-DEGREE AMENDMENT IS
{20:58:29 NSP} (MR. CRAIG) { NOT AN OFFICIAL TRANSCRIPT }
ACCEPTED. MR. CRAIG: MR. PRESIDENT?
MR. PRESIDENT?
{20:58:34 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: THE SENATOR FROM IDAHO.
{20:58:37 NSP} (MR. CRAIG) { NOT AN OFFICIAL TRANSCRIPT }
MR. CRAIG: I SEND A SECOND-DEGREE AMENDMENT TO THE DESK.
{20:58:39 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: THE CLERK WILL REPORT.
{20:58:43 NSP} (MR. CRAIG) { NOT AN OFFICIAL TRANSCRIPT }
MR. CRAIG: I ASK FOR ITS CONSIDERATION.
{20:58:46 NSP} (THE CLERK) { NOT AN OFFICIAL TRANSCRIPT }
THE CLERK: THE SENATOR FROM IDAHO, MR. CRAIG, PROPOSES AN
AMENDMENT NUMBERED 3268 TO AMENDMENT NUMBERED 3266. ON PAGE 3
OF THE AMENDMENT, STRIKE --
{20:58:56 NSP} (MR. CRAIG) { NOT AN OFFICIAL TRANSCRIPT }
MR. CRAIG: MR. PRESIDENT, I ASK UNANIMOUS CONSENT THAT THE
AMENDMENT BE READ.
{20:58:59 NSP} (MR. FORD) { NOT AN OFFICIAL TRANSCRIPT }
MR. FORD: RESERVING THE RIGHT TO OBJECT. I WANT TO SEE WHAT'S
IN THIS AMENDMENT. DO YOU MIND?
{20:59:04 NSP} (MR. CRAIG) { NOT AN OFFICIAL TRANSCRIPT }
MR. CRAIG: NOT AT ALL.
{20:59:06 NSP} (MR. CRAIG) { NOT AN OFFICIAL TRANSCRIPT }
MR. CRAIG: I'M ABOUT READY TO EXPLAIN IT. BUT YOU CAN HAVE IT
READ IF YOU WISH.
{20:59:12 NSP} (MR. FORD) { NOT AN OFFICIAL TRANSCRIPT }
MR. FORD: NO, I WON'T OBJECT BUT I WANT TO MAKE SURE.
{20:59:12 NSP} (MR. CRAIG) { NOT AN OFFICIAL TRANSCRIPT }
MR. CRAIG: SURE.
{20:59:13 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: WITHOUT OBJECTION, THE READING IS
DISPENSED WITH. THE SENATOR FROM IDAHO.
{20:59:21 NSP} (MR. CRAIG) { NOT AN OFFICIAL TRANSCRIPT }
MR. CRAIG: MR. PRESIDENT, I STAND ON THE FLOOR THIS EVENING IN
SUPPORT OF THE CONCEPT OF THE KYL BILL AND I SUPPORT THE
SECOND-DEGREE AMENDMENT THAT THE SENATOR FROM NEVADA HAS JUST
SUCCESSFULLY PLACED ON IT. I BELIEVE THAT UNREGULATED INTERNET
GAMING IS AND CAN BE DANGEROUS. IT MUST BE MONITORED CLOSELY
AND RESTRICTED TO ADULTS. TO DATE, THE ONLY FORM OF GAMING
REGULATED AT THE FEDERAL LEVEL IS INDIAN GAMING GAMING. I'M NOT
{20:59:51} (MR. CRAIG) { NOT AN OFFICIAL TRANSCRIPT }
A BIG FAN OF MOST INDIAN GAMING. WE HAVE STRUGGLED WITH IT IN
MY STATE FOR SOME TIME. HOWEVER, THROUGH THE INDIAN GAMING
REGULATORY ACT KNOWN AS
{END: 1998/07/22 TIME: 21-00 , Wed. 105TH SENATE, SECOND SESSION}
{ NOT AN OFFICIAL TRANSCRIPT OF THE SENATE PROCEEDINGS.}