[Todd Terry]

Additionally, the proposed regs say that one of the reasons they are not taking a position on what constitutes unlawful Internet gambling is that it can depend on the facts and circumstances of the particular case, including the location of the site. This is correct and unassailable IMO. For example, the answer to the question "Is PokerStars operating illegally under federal law?" would require answers to many questions, such as where are they located, what games are available, what states are they operating in, and dozens of other questions, etc.

Explicitly stating in legislation that the legislation is not altering the legality/illegality of Internet gambling practices is the same thing as not defining unlawful Internet gambling, as least as to the "unlawful" part, which is what we are talking about.