I think these easiest Constitutional grounds to get this overturned on is that rather than treating the Internet like just another medium -- they are applying rules that don't apply
to magazines.
i.e. the "mere distribution" clauses that say your mailman or 7-11 or porn store don't need to have full model releases on file for magazines they bring you, because they are only selling and delivering... They did not take the pictures and didn't print the magazine.
Until then, best we can hope for is to keep our records in
excruciating detail... and maybe SHG will expand to everyone hot-linking to sponsor-hosted banners, thumbnails, etc. Just to be safe. This will reduce affiliates to being just traffic sources and less in any kind of editing/cropping/layout/design aspect, which is is a facet behind being called a "producer" instead of "mere distribution".
I just hope it doesn't get twisted retroactive and make any content I already license become worthless because the provider won't give me full releases.
(Sounds like something you go to a massage parlor for...
)