If you can, what is your basis for you skirting the issues ? Clearly, the bill makes references to links (hence, us affiliates) domiciled in the U.S. I realize that you are much larger than most of us, probably have a team of lawyers working on this, have been going toe-to-toe with the DOJ in the past, but what is your basis for getting around this ??
I know from your post on another board, that CPA is part of the equation.
Thanks in advance for any legal input that you can share.
The key, from Casino City’s perspective, is to be legal in everything you do. The law does not actually prohibit either advertising online gaming or linking to online gaming sites.
The law does allow requests to be made by the government to interactive computer services requesting that links to be removed to sites of gaming operators. Since we are not a gaming operator, there is not grounds under the legislation for removal of links to our sites themselves.
We could, however, be subject to injunctive relief under section 5365 of the legislation, whereby we are required to remove our links to online gambling sites since we currently host sites with links to online gambling sites within the US. Such injunctive relief can only be granted after we received notice and an opportunity to appear in court since we happen to be the interactive computer service that hosts our websites (we are an ISP).
Were we to receive such a request, we would probably both contest the request on grounds that such a request violates the first amendment and change the links to go to a site outside the US that provided links to the online gambling sites. In our opinion, moving the links to online gaming sites offshore, after receiving notice, but prior to a ruling being issued, would prevent us from violating the law that will go into effect if the legislation is signed into law by Bush.
I’ve also posted my response on the GPWA website at http://www.gpwa.net/forum/showthread.php?t=168235, where I will answer additional questions as they are posted. I’ve done a number of posts here about the legislation, but quite a few more on the GPWA site. Anyone interested in my other posts on the subject can see them using the following link: http://www.gpwa.net/forum/search.php?do=finduser&u=21723.