this post was submitted on 30 Aug 2024
236 points (97.6% liked)

Ask Lemmy

26863 readers
1870 users here now

A Fediverse community for open-ended, thought provoking questions

Please don't post about US Politics. If you need to do this, try [email protected]


Rules: (interactive)


1) Be nice and; have funDoxxing, trolling, sealioning, racism, and toxicity are not welcomed in AskLemmy. Remember what your mother said: if you can't say something nice, don't say anything at all. In addition, the site-wide Lemmy.world terms of service also apply here. Please familiarize yourself with them


2) All posts must end with a '?'This is sort of like Jeopardy. Please phrase all post titles in the form of a proper question ending with ?


3) No spamPlease do not flood the community with nonsense. Actual suspected spammers will be banned on site. No astroturfing.


4) NSFW is okay, within reasonJust remember to tag posts with either a content warning or a [NSFW] tag. Overtly sexual posts are not allowed, please direct them to either [email protected] or [email protected]. NSFW comments should be restricted to posts tagged [NSFW].


5) This is not a support community.
It is not a place for 'how do I?', type questions. If you have any questions regarding the site itself or would like to report a community, please direct them to Lemmy.world Support or email [email protected]. For other questions check our partnered communities list, or use the search function.


Reminder: The terms of service apply here too.

Partnered Communities:

Tech Support

No Stupid Questions

You Should Know

Reddit

Jokes

Ask Ouija


Logo design credit goes to: tubbadu


founded 1 year ago
MODERATORS
 

"The SCOPE Act takes effect this Sunday, Sept. 1, and will require everyone to verify their age for social media."

So how does this work with Lemmy? Is anyone in Texas just banned, is there some sort of third party ID service lined up...for every instance, lol.

But seriously, how does Lemmy (or the fediverse as a whole) comply? Is there some way it just doesn't need to?

you are viewing a single comment's thread
view the rest of the comments
[–] MotoAsh 12 points 2 months ago* (last edited 2 months ago) (1 children)

"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.

[–] [email protected] 0 points 2 months ago* (last edited 2 months ago) (1 children)

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.

[–] MotoAsh 4 points 2 months ago* (last edited 2 months ago) (1 children)

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.

[–] [email protected] 0 points 2 months ago* (last edited 2 months ago) (1 children)

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.

[–] MotoAsh 1 points 2 months ago* (last edited 2 months ago) (1 children)

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.

[–] [email protected] 0 points 2 months ago* (last edited 2 months ago)

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

The businesses that the CCPA refers to do not need to be physically present in California. As long as the business is active in the state and meets the requirements, they are considered to be under the CCPA

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.