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Hi everyone,
I spent some time reading HR4411 and based on what I saw it looks like there may have been language in their that would make Advertising legal.
I am not an attorney so I am interested in the groups thoughts. I could be getting to granular. My thesis is here
http://sedgecourtjournalfootball.blogspot.com/2006/07/hr-4411-and-casino-affiliate-ads_27.html
That’s interesting. I hadn’t taken the time to read the specifics of the legislation. It does seem to leave plenty of open doors for affiliates. The main question lies in the interpretation of:
as long as such posting or reporting does not solicit or provide information for the purpose of facilitating or enabling the placing or receipt of bets or wagers in a jurisdiction where such betting is illegal
The word “facilitating” could be trouble, but I agree with your thesis that it seems that advertising is considered hands-off with HR4411, which would be good news for us.
Anyone else care to lend an opinion?
The first thing you need to understand is that if gambling online became officially illegal (yes, it is now, but there’s a gray area), you would have no freedom of speech rights. The 1st amendment doesn’t apply to illegal activities.
Second, you would be promoting an illegal activity and yes it would be illegal. Here’s all you need to know.
Sec 1084 (a) (
says that the following is criminal “information assisting in the placing of bets or wagers;”In the definitions, this act is described as:
“(13) The term `information assisting in the placing of bets or wagers’ means information knowingly transmitted by an individual in a gambling business that enables or facilitates a bet or wager”Here’s what that definition doesn’t include:
“advertising relating to betting or wagering in a jurisdiction where such betting or wagering is legal, as long as such advertising does not solicit or provide information for the purpose of facilitating or enabling the placing or receipt of bets or wagers in a jurisdiction where such betting is illegal.”
This means that if you live in the USA and advertise an affiliate program where someone else in the USA can SEE it, you are providing “information assisting in the placing of bets or wagers” and you are breaking the law. Also if anyone else sees the ads that in areas where gambling is illegal, you are guilty again.
