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The greatest danger here would seem to be with affiliates. Any American operator can be easily grabbed. This includes sites that don’t directly take bets, but do refer visitors to gaming sites. If the affiliate is paid for those referrals by receiving a share of the money wagered or lost, it would not be difficult to charge the affiliate with violating this law, under the theory of aiding and abetting. Being a knowing accomplice and sharing in the proceeds of a crime make the aider and abettor guilty of the crime itself. The federal government could also charge the affiliate with conspiracy to violate this new Act.
That’s worrysome.
Dom I agree with you! It does not look good for US based affiliates.
Dominique wrote:That’s worrysome.Possibly but its certainly not surprising; its exactly whats to be expected in any anti online gaming legislation. The aiding and abetting attack was clearly what they were going after and will continue to go after.
As a new affiliate, I will admit that I am more naive than most. And I did see the 80% figure quoted by the Professor about U.S. traffic.
But would it be illegal for a US-based affiliate to host a portal in the UK which is specifically directed towards UK/EU/AU traffic? There shouldn’t be any danger of legal trouble if the site doesn’t advertise places that accept US customers, correct?
Of course, the difficulty with that would be finding affiliate programs that would still accept US affiliates and be able to pay them, especially if Neteller goes away.
Why is it that the people who are so adamant about banning online gambling are the ones who would never gamble online in the first place? :banger:
But the statute has an interesting requirement: The site must “reside on a computer server that such service controls or operates.” This would limit the reach of this statute to payment processors, affiliates and search engines that are housed on that particular ISP. The same problem of going after foreign operators and payment processors affects this section. Foreign ISPs are difficult to serve and not necessarily subject to federal court injunctions.
Time to get sites hosted on a foreign ISP
I think you should be ok if you do not promote anyone who accepts wagers from the USA, so long as you are not promoting it to players where the activity is illegal. Under that scenario you may still even be ok hosting in the USA.
Of course, promoting elsewhere is not as easy as you might think. There are numerous language and/or cultural barriers.
Yeah, and for everyone outside the US it looks as if we can cross the US of A off of our travel map for a long time or we may end up behind bars.
Even if we find a host from another country, if the aff programs won’t accept american aff’s any longer, how could we even join them when we have an address in the US. My brother lives in Germany. I may have to use his address possibly.
Exactly, simply have nothing to do with the USA. No affiliate accounts registered there, sites or domains hosted etc. Use a non-US friend or relative for aff accounts, nothing has to change.
I can´t see why an American can´t promote gambling to non-Americans? Surely that shouldn´t be a problem. You can host abroad in a safe haven, target non-US visitors and get paid to a third party who will transfer the money to you.
Goldfinger wrote:I can´t see why an American can´t promote gambling to non-Americans? Surely that shouldn´t be a problem. You can host abroad in a safe haven, target non-US visitors and get paid to a third party who will transfer the money to you.
I think you don’t even need to host overseas. As not breaking any law.I don’t know how the DOJ can proove that you’re promoting the staff to US residents?
They could set you up pretty easily if they had someone sign up. The thing is that you need to implement geo targeting to exclude US visitors but I even thought as well that that´s not necessary as they wouldn´t be able to play without being able to pay so I´m not entirely sure it´s necessary.
Moving hosts just doesn´t hurt I guess. I don´t want to be exposed to the mood swings of the DOJ:cheesy:
Dominique wrote:The greatest danger here would seem to be with affiliates. Any American operator can be easily grabbed. This includes sites that don’t directly take bets, but do refer visitors to gaming sites. If the affiliate is paid for those referrals by receiving a share of the money wagered or lost, it would not be difficult to charge the affiliate with violating this law, under the theory of aiding and abetting. Being a knowing accomplice and sharing in the proceeds of a crime make the aider and abettor guilty of the crime itself. The federal government could also charge the affiliate with conspiracy to violate this new Act.
That’s worrysome.
Hmmm does that mean CPA is OK since it doesn’t get a share of the losses?
CBW
You´d still be an accomplice with CPA.
