I don’t think anybody is really clear on this law right now and probably won’t be for some time.
http://www.pokerplayernewspaper.com/viewarticle.php?id=1481
“D. Many sites use what are called affiliates. Persons who are affiliates and live inside the US will now be subject to arrest and prosecution, particularly those who do not block financial transactions from the US.”
The article above sounds about right to me. It probably is going to depend on how much each individual can stomach as far as risk goes.
I’m not a risking type much anymore when it comes to this – probably because I live in the US and have watched the debacle unfold before my eyes. These people feel they can do anything they wish. I live in the state of Ohio, US, which is run by the bible thumping/corporate welfare party at every level of state government. Until at least that changes, I can’t take a chance on some Attorney General deciding it would be politically expedient to come out strong against online gambling and using a few individuals as an example. Ditto for the federal level. Don’t mean to get political, but it is a fact of life now that has to be taken into consideration.
I am not comfortable with disclaimers telling possible US players to go away as an effective legal defense. The whole gist of the law imo is to shut down access from the players to the gaming sites. The money angle is the one that has been talked about the most. I think they will see links as aiding and abetting. The following is from a law professor:
“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.”