SulkyGirl,
Yes, depending on what state you live in, you certainly could have been nailed before. However, the lack of a corroborating Federal law usually (but not always) discouraged prosecution.
When this puppy becomes law, and the government implements its banking stuff in 270 days, I would be willing to bet (no pun intended) that the DOJ will be using this law as the impetus to go after gambling entities, affiliates being one of them.
Of course, all of this remains to be seen. I will be disabling my affiliate links when the bill is signed, and will just be watching carefully. Right now, things look tremendously bleak. Still waking up in the morning in a cold sweat, wishing that this was all just a dream, but it is important to be strong and move on, IMO.