I think the issue is they are saying it is illegal to transact money for the purposes of internet gambling. This is why you see certain gaming sites saying they will stop accepting US customers when the bill is signed (becomes law). On top of that, the banks are going to comply with the law, lest they be held responsible legally. So, you have a situation where parties on all ends (sending/receiving/transferring) of the money aspect are signalling that these activities are now to be considered illegal. At least, those with current or future significant US interests.
I am sure there will be offshore non public ones that also understand the law the same way but will continue to try and go on as usual. But I bet not one of the people involved in those operations will take a chance of stepping foot into the US until the country becomes sane again. I wouldn’t if I were them.
Because what has changed is the fact there is a pretty clear law that is about to be signed making it illegal to transact money for the purposes of internet gambling. And since it is questionable if they would be able to extradite the online casino/poker room company personnel from another country, who do you think the next best thing will be as their target?
The affiliate will be seen as aiding & abetting these ‘crimes’. All it will take is one UC law enforcement officer clicking a link from your (US citizen) site to an offshore casino and getting a deposit through to prove the new crime. They will not need records from online casinos or poker rooms. They can get them right from the computer they are playing on. It will not be difficult to go from there to seizing your computer(s), bank records, etc. and seeing what an affiliate does for a living. And imo, if you are a rakeback type or give other monetary incentives you could even be seen as a principle.
The new crime is not that playing poker or another gamling game is illegal now; it is the transacting of money involving this type of gaming that is the crime now. It is the affiliate that operates from the US that will have all of the new heightened risk or any other person/entity that helps facilitate the process along. I actually think if they wanted to be pricks about it they could even go after the players themselves since they too will be involved in the transfer of money to internet gambling sites.
Just my two cents. I’m not a lawyer and even if I could afford it, would not even bother hiring one. Because, as I’ve said before in this thread, anyone who has lived here recently knows that a law can have a certain meaning by any attorney in this land but can be twisted by political judges, of which there are many now in our sytem. This new law just makes it a lot easier and is pretty clear to me, unlike the Wire Act. My only real question at this point is; can I get out of the business for a while and still receive the recurring income on the players referred prior to the law going into effect?