“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?
If you don’t operate in Texas, do you have you comply? Is the easy fix is don’t have your servers be in Texas?
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
Maybe someone is better equip to answer this question. As far as I understand, it is up to the social media company, as it is operating in the state. Sort of the way the corporate office of a national grocery store can be sued.
https://www.texaspolicy.com/wp-content/uploads/2023/04/2023-05-BillAnalysis-HB18-Updated.pdf
First, it prohibits digital service providers from entering into an agreement with a known minor unless they have verifiable parental consent.
It seems its up to whomever is registering the account. If the person is under 18 they see a scrubbed version, of the person is over 18 they have full access. I’m not sure an ISP has control like that. I could be wrong.
I know with pornhub, the ISP didn’t block the site, pornhub itself did.
Aha,
Exemptions Small businesses as defined by the Small Business Administration (SBA);
Not sure how’d this work overseas, but basically lemmy.world and friends just needs to apply to SBA to get recognized as a small business, and they’re all good. (Or perhaps they could try to apply thru a US Embassy; or apply at a local authority and argue for legal equivalence between the SBA’s recognition and their own country’s).
As for enforcement, well,
If someone were to violate the act, the AG’s office may seek … civil penalties of up to $10,000 per violation, and attorneys’ fees
So yeah basically it comes down to trying to grab money. So as they say about sucking blood from a turnip…
(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?)
I find this interesting. Does one just install software and buy a domain? I would assume theres somewhere you have to register with in order to federate. I mean, if theres no one to go after, this would be a nice work around. At least, until theres a site for every Texan that figures it out.
I think semi public would be like setting your facebook profile to private. It shows your name, and basic details, but doesn’t show all your posts or interactions.
Edit: haha, you kinda answered this somewhere else as I was typing.
I was going to argue that your account is publicly viewable, but I realized that you may still be right. This depends on their definition of what is a user.
Same with semi-public. May even be used for anything that is not public but they don’t like it.
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.
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.