Good post Greedygirl.
I will add that prosecuting an affiliate or any advertising media is next too impossible without online gambling being made illegal. Remember that Senator Godlatte is trying to pass an online gambling prohibition bill through Congress right now. The fact that Congress is considering this sort of bill tells you that onine gambling isn’t explicitly illegal right now in the US.
It’s very tough to prosecute anyone on a law that doesn’t exist, and until such time that a law does exist, I would doubt that the DOJ would want to take the risk of loosing and setting a precedent. As for who would be targeted first, my bet would be on Casino City. They have already petitioned the goverment for a ruling on wether their activities are legal or illegal. They would seem to be in the government’s cross-hairs should an attempt to prosecute be made.
However, I would think that a media outlet would face prosecution first. It’s not hard to find advertising on television, billboards or magazines for online gambling sites. And, I don’t think the government would be deterred by the fact that many of these ads are sending people to a .net instead of a .com.
Finally, I don’t think any sort of prosecution would occur until an online gambling prohibition bill is first passed through Congress, and we all know how little chance that has for success.