The new SCOPE Act takes effect this Sunday, adding protections for kids online through age verification and stricter marketplace regulations but one non-profit is challenging it. Will a judge block it? #OnlineSafety #ConsumerProtection #SCOPEAct
"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?
Why should it affect LW or any other (non-Texan) instance? Any rogue country with populists at the head can implement any arbitrary legislation. That does not affect Lemmy instances hosted in countries with reasonable governments. If Texas wants to enforce their rules (or punish for non-compliance), it is on them to approach instance admins or block the site in their corner of the global internet.
I live in Texas, and can confidently tell you the people writing these laws have no fundamental concept of what the internet is or how to implement or enforce such a law for consistent adherence.
I can also tell you with confidence this law will be wielded with impunity against specific companies/sites our corrupt, petulant AG decides to go after. Fuck Ken Paxton.
As far as users in Texas, this is nothing a VPN can't fix.
I can absolutely see Texas looking at it the other way. "Your website can be accessed by our citizens? On you to comply with our laws." They then spit out a bunch of criminal charges that make things rather inconvenient for some instance hosts. The US reach into international banking systems is uncomfortably long.
The real problem question is about federation. You can post to an instance from any federated instance. If an account is created in one instance and the user posts to a federated instance are both liable? You have to be able to create accounts AND post to be subject to the law. Can one instance not allow posts but host accounts for participation in other instances to skirt around the law?
Interstate commerce is not under the jurisdiction of any state, it's under the jurisdiction of the federal government. They'd need a federal bill passed.
Is there any Lemmy hosted in the US? Texas can put on a stunt against any US instance, but don’t see them even trying for anything from the rest of the world. Too much work/money with too little chance of success.
Lemmy isn’t social media. Ignoring that though, the law actually says:
According to the Texas Office of the Attorney General, this new law will primarily “apply to digital services that provide an online platform for social interaction between users that: (1) allow users to create a public or semi-public profile to use the service, and (2) allow users to create or post content that can be viewed by other users of the service. This includes digital services such as message boards, chat rooms, video channels, or a main feed that presents users content created and posted by other users.”
Which literally applies to every single site on the entire planet that has a comment section. This law is incredibly unenforceable.
It’s absolutely not. It has none of the hallmarks of social media (personal relationship, feed of user activity, likes and shares). It’s a forum. Forums existed for decades before social media. If you define forums as social media then you are defining every comment section on every site, including news sites, help sites, things like stack overflow even, as social media which is clearly ridiculous and so broad as to be a useless definition.
It's a social news aggregator. I assume the difference is, that this is to follow mainly news, whereas social media is to mainly follow people. In my 10 years of reddit and now Lemmy I never followed any account, I was just there for the niche topics and news aggregation.
A forum?? Which have existed for literal decades before social media was a thing? If you define literally anything social as social media then you’re defining the entire internet as social media which is just a useless definition.
It probably boils down to the definition of "user" vs. owner/admin/host ... But I wouldn't be surprised if those definitions were unclear or missing entirely.
As someone neither living nor hosting my instance in Texas I'll basically ignore it, and if it came to it I'd block the entirety of Texas if they somehow convince courts to enforce this outside of Texas.
This has "DMCA notice to a Russian music site" vibes. Basically, we do nothing. They have absolutely zero authority outside of Texas. If the instance is inside Texas's borders, that's a different story, but if the instance is located outside, it has no obligation to follow Texas's law. They can't do anything. They can't block Lemmy, because it's federated. They can't sue Lemmy, because it's federated. They have zero recourse, except for slam their feet on the ground and cry like a petulant child.
Someone can correct me if im wrong, but, pretty sure its any social media. Similar to what happened with pornhub.
According to the Texas Office of the Attorney General, this new law will primarily “apply to digital services that provide an online platform for social interaction between users that: (1) allow users to create a public or semi-public profile to use the service, and (2) allow users to create or post content that can be viewed by other users of the service. This includes digital services such as message boards, chat rooms, video channels, or a main feed that presents users content created and posted by other users.”
I mean my question was addressing the scope of the jurisdiction Texas can have over a server in another state. It feels like the onus is on them (or the ISPs in Texas) to block that server
Fuck 'em. They want to do this, let Facebook, and Reddit, and Instagram, and TikTok and the fediverse, and any others that I'm forgetting refuse to serve connections to Texas.
Make Texas the ONE PLACE where the internet is just yahoo and thehampsterdance.com
And then when Texans go elsewhere, they realize all they did was punish themselves. The rest of the world moves on without them.
(1) allow users to create a public or semi-public profile to use the service
So it seems like I'm safe. I run my own single-user instance to federate and post - but I don't allow others to sign up at all, so they can't create a public or "semi-public" profile here (and what does semi-public mean?)
If you own an instance it's better to check with a lawyer. They might give you a warning first or they might go after you immediately. How effective that is depends on what country you live in and which country the server is in.
My guess is that the law is basically extra-territorial - meaning that in theory it applies no matter where you are based.
For a for-profit service this is more enforceable - just gotta find a way to seize the stream of money flowing out of Texas for violate of the law.
For a service based in the US this is more enforceable - just gotta get the federal system and other states to cooperate, and enforce Texas's court judgement, and then Texas can find a way to seize the stream of money flowing around and out of the US (or perhaps seize the US assets of the company).
For a non-commercial entity based in the territory of the European Union that has no funds flowing at all from the US (think lemmy.world or feddit.de here) then it's probably quite a bit harder to do anything at all in terms of effective enforcement.
Texass is gonna have to play whack-a-mole and do it the hard way. And I’m pretty sure the more technically inclined members of the fediverse are going to have loads of fun fucking with whatever IT measures they try to mitigate this with, because they’re certainly not going to be drawing the best and brightest minds.
Put another way: weaponized non-neurotypicals are gonna have some fun fucking with a state government that doesnt like them, because the feeling is very much mutual.
I'm fine with Texas disappearing from the internet. Literally every site with a comment section now has to comply or just block Texas. One of those seems more feasible.
Social media is probably a very poorly or very narrowly defined term. Either they called out Facebook, Reddit, Snapchat, etc by name or they gave some broad description of social media that could apply to everything from Facebook all the way down to somebody's Vbulletin forum and this will be unenforceable for the vast majority of websites. Compliance is likely voluntary for the little fish in social media. I imagine that they aren't even aware that Lemmy exists.