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Texas SCOPE act takes effect Sunday. How does Lemmy comply?
(www.click2houston.com)
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this post was submitted on 30 Aug 2024
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"Operating in the state" and "accessible in the state" are different.
Much like a business doesn't have to have a specific state's business license to sell to customers of a different state, a website does not have to comply with all laws everywhere just because the laws exist. If they're operating in Texas, they will. If they're accessible from Texas, that's Texas' problem.
Pretty sure it doesn't work that way. Look at what happened to Binance; not a US website, not technically allowing US customers, still successfully prosecuted by the US government for not doing enough to prevent people in the US from using it.
That's because they were facilitating actual, across-the-board federal crimes.
Not looking at titties.
I could see states that have such draconian laws working together to attempt to do anything about flagrant violators, but otherwise Texas has yet another pointless, toothless virtue signaling "law" on their hands.
The difference between what the laws are trying to enforce is a different issue though. The point is a website can be prosecuted just for being accessible when what it offers is against local laws.
No, it cannot. Not a state-based law that the feds don't care about and other states will tell them to fuck off over.
Not unless they are operating in Texas, accessible to Texas cops, with property seizeable by Texas authorities.
So your claim is that states specifically don't have this authority, only the federal government? What's your reason for thinking this?
edit: Here's an example showing that they do: https://en.wikipedia.org/wiki/South_Dakota_v._Wayfair%2C_Inc.
There's also laws like https://en.wikipedia.org/wiki/California_Consumer_Privacy_Act
A number of state based internet regulation laws have recently run into trouble in courts, but that's because of First Amendment concerns, not questions over whether merely being accessible to state residents gives jurisdiction to enforce them, which afaik it does.