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How would the law even be enforced, in theory, outside of Florida? And couldn't bloggers/journalists just publish stuff via a hosting service that's located ou
by A_D_E_P_T 4y ago
How would the law even be enforced, in theory, outside of Florida?
And couldn't bloggers/journalists just publish stuff via a hosting service that's located out of state?
Besides, anonymous and pseudonymous bloggers are untargetable by definition, if they take even the laxest efforts to conceal their real identities.
This isn't just a ridiculous law, it seems completely unenforceable in general.
The only exception is that it may be useful in harassing or annoying a mere handful of bloggers that are already known to the state.
- User23 4y ago> Besides, anonymous and pseudonymous bloggers are untargetable by definition, if they take even the laxest efforts to conceal their real identities Courts have a process called "discovery." You can sue a John Doe and then use discovery to find out who you're actually suing[1]. Yes, really. This process could potentially compel hosting services, publishing platforms, ISPs, and so on to provide the information they have. [1] https://en.wikipedia.org/wiki/Doe_subpoena https://en.wikipedia.org/wiki/Doe_subpoena
- A_D_E_P_T 4y agoI'm familiar with discovery. Generally speaking, it won't work on hosting companies with headquarters outside the US. (American-style civil discovery is frowned-upon in most other nations.) It might not work on companies hosted in other states, for it should be possible to challenge any out-of-state subpoena in local courts. In most situations, this would likely be unsuccessful and not worth attempting, but in this sort of situation, I reckon it might work... for, ultimately, the same reason some states have begun to prohibit out-of-state discovery in abortion-related cases.
- mywittyname 4y agoThey aren't yet concerned with people outside of Florida. The goal of this is to terrorize honest people voicing their legitimate concerns over the terrible leadership of the state. The law only needs to last for a few years. But even so, there's a great chance that these laws are upheld by the current SCOTUS. Once President DeSantis is in office, this will serve as a blue print for a national version of the same state sanctioned harassment laws.