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Texas SCOPE act takes effect Sunday. How does Lemmy comply? (www.click2houston.com)

submitted 3 months ago by FarFarAway@lemmy.world to c/asklemmy@lemmy.world

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"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?

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[-] chicken@lemmy.dbzer0.com 0 points 3 months ago* (last edited 3 months ago)

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@lemmy.world 1 points 3 months ago* (last edited 3 months ago)

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.

[-] chicken@lemmy.dbzer0.com 0 points 3 months ago* (last edited 3 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.

this post was submitted on 30 Aug 2024

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