Well, it’s been a few weeks since Rep. Paul Tonko of New York announced plans to introduce the SAFE Bet Act, and while we wait for the actual bill to drop, let’s go through his proposals and see if they pass muster.

I’m going to grade them. 

Now, full disclosure: I wanted to talk to major stakeholders about Tonko’s takes, like the AGA and the National Council on Problem Gambling and individual operators and others, but everyone wanted to wait until the actual bill dropped.

So in the meantime, you’ve got me. And Dustin Gouker of Closing Line Consulting, who I consulted because A) he’s been covering this business longer than me and B) I needed to make sure I wasn’t completely off-base with my take on the bill’s tentpole – limiting of sportsbook advertising.

See, I think, right now, today, it’s a (gulp) good idea.

Dustin?

“I think it’s time there are some standards around sports betting advertising that are more stringent than we have now,” Gouker said. “Do those need to be federally mandated? Probably not. They could just be adopted by the industry itself. But I think it’s clear there need to be more boundaries.”

Well, the industry certainly hasn’t acted, and I don’t think anyone is holding their breath that they will. And I say this on the heels of seven of the major operators launching the Responsible Online Gaming Association, which promises to, among other items “encourage responsible advertising and marketing practices.”

Foxes, henhouses, oh my.

“Some of the problems we currently have, at least optically, revolve around the proximity of sports and gambling,” Gouker said. “It would arguably be good if some of the separation that once existed returned. Do we need to have sports gambling in our faces throughout game broadcasts in terms of commercials, live reads and environmental advertising? I don’t think it would be the worst thing in the world if all that disappeared or was limited.”

Yeah. I agree. Which brings us to the grading portion of the program. You should know I’m an adjunct college professor, so I am well-equipped to issue grades. I have a red pen and everything.

Here are the 10 aspects of Tonko’s proposal, and my official grade on each, starting with the big one … 

No advertising during live sporting events: You know what? It’s a good idea. If you want to bet, and you’re watching sports, you certainly don’t need an ad telling you to do so. You don’t need the extra push. By the way, I also think this should apply to alcohol advertising, and yes, this is all “for the children.” Do we really need sportsbook and booze ads while kids are learning about sports? It’s a rhetorical question. GRADE: A

No bonus, boosts, or “no sweat” advertising: Well, why not? As long as they are honest, I’ve got no problem with these kinds of bets. But the key here is “honest” not “letter of the law.” It’s hard to be on the side of the sportsbooks who offer “no sweat” bets when they are, in fact, full of sweat. Unless you’re getting your cold hard cash back if you lose, and are allowed to withdraw it, it ain’t “no sweat.” The sportsbooks should really be policing themselves better here, but a blanket ban is not the answer. GRADE: D

No more than five deposits in a 24-hour period per operator: I get the idea, preventing tilt from becoming massive tilt, but if this becomes law and I tilt out at Sportsbook A, nothing is stopping me from going to Sportsbook B. And also: You’re not necessarily tilting by depositing a lot in one day. I don’t keep money in my sportsbook accounts; when I want to bet, I deposit. (Responsible, eh?) And if I’m off on an arb’ing spree, I might be depositing often. Decent idea, terrible execution. GRADE: F

Affordability checks for large wagers: We’re going to have to define “large wagers” here, and I’m not particularly comfortable with the government telling me how much I’m allowed to bet, but as a kinda-sorta last-ditch stopgap for bettors in over their heads, it’s not the worst idea. GRADE: B

No deposits using credit cards: Can I use my credit card to fund my brokerage account? I cannot. I can’t even pay my mortgage with a credit card. So I shouldn’t be able to take the Lakers +2.5 with my credit card. Obviously, I can use my credit card to take a cash advance to fund my brokerage, pay my mortgage, etc., and that extra step should be part of the deal if I’m trying to bet with my Chase card. GRADE: A

No artificial intelligence to track gambling habits and offer individualized promos: Yeah, no. Bad idea. First of all, “artificial intelligence” is basically “computers” these days. Everything is trackable. If Facebook can send me ads for pillows if I type “my neck hurts” into Google, then DraftKings should be able to send me DFS deposit promotions for playing UFL DFS. (Please send me deposit promotions, DraftKings.) GRADE: F

No AI to create betting products, like microbets: Why don’t we just force bookmakers to listen to games on the radio to create their lines? This is dumb. We’re not getting rid of microbetting markets, and there’s certainly no way to create them without the help of computers and quote-unquote AI. GRADE: F

Authorize the Substance Abuse and Mental Health Services Administration to collect sports betting data: OK sure, let’s give the folks at SAMHSA something else to do. I wouldn’t mind a large-scale report on anything. They’re fun to read. And you might learn something. But while we’re at it, let’s get data on people who shop online. And data on people who binge eat. And binge drink. And who smoke weed. And and and and. See what I’m getting at here? GRADE: B

Get a Surgeon General’s report: This would be on the public health challenges of sports betting. Sure. Let’s add binge shoppers and porn addicts and and and and and. GRADE: B

And lastly …

A national self-exclusion list: This makes good sense, but it should be partitioned by type of gambling activity. I want to play DFS, but if I told the feds to stop letting me play Larry’s LobsterMania Slingo, my world would probably be a better place. Without the ability to pick and choose what I want to be self-excluded from, it’s useless. GRADE: C

So, overall, Tonko’s proposals are graduating with a GPA of 2.0. Passing, but barely. Needs work. See me after class.