1) Can US based affiliates accept payments for casinos that still accept US players? Or is that illegal?
2) Is it simply illegal to promote online casinos that accept US based players?
3) Is it illegal for affiliates to host on US based IPs if they promote casinos that support US players?
Hoping for some answers and more questions that need to be answered.
The law contains language broad enough that US-based affiliates can be charged if they are providing any hyperlinks to any online gaming site to anyone. If you have a single hyperlink to a single online gaming site, you can be charged.
So the short answer is that #1, #2, and #3 are all currently illegal, if the broadest interpretation of the law is used.
But that’s not really the point or what anyone is currently gnashing their teeth over and consulting lawyers about. The million dollar question is what is the likelihood that you’ll ever be charged, and if the government will even attempt to go after affiliates. And, sadly, only time will really answer that one, as the long answer is who knows.