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Nonsense is people giving bad advice.
This would have to be attached to the Wire Act. The wire act is a federal statute formed during the pre internet era. Currently there are no existing laws that regulate the internet because it is international.
To attach a bill to the wire act preventing webmasters from doing what they do would be quite a job. Courts would need an clear definition of the internet, something congress has failed to do.
Trying to keep pace with the internet with all its twists and turns I would find it very implossible Congress would be able to keep pace. If the internet was included in the wire act the act would have to be reviewed by congress weekly. A highly unlikely scenario.
As webmasters are we aiding and abetting as defined by the wire act? I say no because our medium of choice is the internet. Again the internet is not part of the wire act.
I am no lawyer but if an webmaster is takin to court under which law would they prosecute? The wire act? I don’t think so because the wire act does not cover the internet.
This game has been going on for a long time already, and all attempts have failed.
There are many other implications as well. But only two possible outcomes remaim. Either the U.S jumps on board or simply watches the world advance forward with online gambling.
No one in washinghton will be able to deflate this world trend of online gambling.
Throw this concept in with all the other BS, the WTO, freedom of speech ect… you are left with another failed attempt to regulate.
greek39Semantics.
So should I take your advice or Prof. Rose?I meant nonsense in the context of webmasters. Prof.Rose has some good advice. But many webmasters are thinking this new law will some how make it illegal to operate.
I think it will be difficult for us Yanks to operate under the same affiliate scheme we do presently without the fear of a knock at the door.
I ask you this under which law will the feds prosecute?
greek39
Take your pick, The DOJ says the Wire Act, The congress and senate say the Safe Port Act.
American prosecutors can be very creative.
I don’t think small fish will ever hear a word but who wants to operate illegaly anyhow?
Even if you can “get away with it”.Okay fair enough. The safe port act mainly deals with financial transactions ect… The wire act does not cover the internet so how can it pertain to webmasters?
greek39
I will tell you that the Professor gave some of the same advice about the
revenue share over 2 years ago, before this bill was ever brought about.It would be nice to have a second opinion on that area of the law.
You know I could always be wrong, but something is telling me we all have nothing to worry about. We may lose some of the U.S market for sure, but that is all I see happenning.
greek39
Bottom line I was always afraid this would be where we would end up.
greek39 wrote:You know I could always be wrong, but something is telling me we all have nothing to worry about. We may lose some of the U.S market for sure, but that is all I see happenning.greek39
I hope you are right. I hope the presidick won’t sign. I hope I can re-open my league. All that is hope now though. IMHOWell maybe it is better to wait and see what happens. I will be pressing forward regardless of the outcome. I refuse to be oppressed and denied my natural freedoms as a human being.
greek39
The real problem with the discussion is that WE DON’T KNOW what the US authorities interpretation of the recently passed bill will be. Reading the conent of the bill is hard work – but it does not appear to specifically deal with internet affilaites in a coherent way.
However, we have seen over the last 3 months that the DoJ, and federal authorities have a pretty inflated idea of their ability to prosecute people under the exisiting laws … and this bill will simply beef up their views.
The issue that I see being discussed here is the Fear, Uncertainty and Doubt (FUD) over potentially being arrested, and charged and prosecuted for something as lightweight as running an affiliate website.
It’s not a crime overseas, and it MAY NOT be a crime in the US either (we cannot be sure), but if a US affiliate had to go through that experience then it would be a major negative event in their life. And EVEN if they did avoid prosecution there would be major expenses incurred.
SUMMARY :
I don’t think that ANYONE here can say it’s 100% legal or illegal to be a US based affiliate right now – the bill is (deliberately?) vague.I agree know one can be 100% certain about anything these days. But I would like to know under which Law the U.S would prosecute an U.S based affiliate webmaster.
