The Act clearly does not make it a crime to knowingly transmit funds for illegal gambling. Neither the player nor the intermediary can be charged with this crime. The language of the Act even eliminates the possibility of charging financial institutions and computer hosts under a theory of aiding and abetting, since it explicitly states, in the definitions section, that being in the business of gambling does not include a "financial transaction provider," or an ISP. Section 5364, RegulationsUnder section 5364, Federal regulators have 270 days from the date this bill is signed into law to come up with regulations to identify and block money transactions to gambling sites.
The regulations will require
The regulations will require everyone connected with a "designated payment system" to i.d. and block all restricted transactions. The Act allows the federal regulators to exempt transactions where it would be impractical to require identifying and blocking. This obviously applies to paper checks. Banks have no way now of reading who the payee is on paper checks and cannot be expected to go into that business. Section 5365, Civil SuitsSince there is no way to regulate overseas payment processors, section 5365 of the Act allows the United States and state attorneys general to bring civil actions in federal court.