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> What Could Shopify Have Done Differently? For completion I think "cease to insecurely extract, aggregate and abuse all that user data" should also be mention

by 3np 1y ago

> What Could Shopify Have Done Differently? For completion I think "cease to insecurely extract, aggregate and abuse all that user data" should also be mentioned as an alternative to the different ways they could skirt regulation.

johnea 1y ago
I was going to quote, and respond in almost the exact same way. The only change I would make to your suggestion would be to remove the word "insecurely". They shouldn't extract or aggregate user data in any fashion whatsoever.
clucas 1y ago
You’re misunderstanding the question - he’s asking how Shopify could avoid jurisdiction, not avoid this suit. Jurisdiction is a threshold question before you get to the merits… maybe Shopify did the bad thing, maybe they didn’t, but before we decide that, we need to determine if California law even applies to Shopify. The author seems to think that there should be some way for Shopify to avoid jurisdiction while still offering services in California, but I don’t really understand why he thinks so.
- otterley 1y ago
  As a former student of the author, I don't think he's saying they should be able to avoid jurisdiction. I think he was musing on whether it would even be possible under this new Ninth Circuit framework/test. He concludes it's unlikely, and hence for Shopify (or any other company putting cookies in browsers) to have any chance of avoiding it, they're going to have to appeal to SCOTUS.
  - xbar 1y ago
    Not at all. I think he rightly concludes that jurisdiction is completely avoidable by geoblocking California. It is baffling to hear the author ask the question “did Shopify ‘expressly aim an intentional act at California?” And subsequently conclude that Shopify’s entire business model is in doubt if it doesn’t do business in California.
    - adgjlsfhk1 1y ago
      I think the one plausible argument for Shopify is that the California law is unconstitutional since this might be interstate commerce.
      - otterley 1y ago
        That’s possible, but they haven’t even gotten there yet because they’re still arguing over the jurisdictional question.
    - otterley 1y ago
      They’re not going to geo block California customers. It makes no business sense.

by 3np 1y ago

johnea 1y ago

I was going to quote, and respond in almost the exact same way. The only change I would make to your suggestion would be to remove the word "insecurely". They shouldn't extract or aggregate user data in any fashion whatsoever.

clucas 1y ago

You’re misunderstanding the question - he’s asking how Shopify could avoid jurisdiction, not avoid this suit. Jurisdiction is a threshold question before you get to the merits… maybe Shopify did the bad thing, maybe they didn’t, but before we decide that, we need to determine if California law even applies to Shopify. The author seems to think that there should be some way for Shopify to avoid jurisdiction while still offering services in California, but I don’t really understand why he thinks so.

otterley 1y ago
As a former student of the author, I don't think he's saying they should be able to avoid jurisdiction. I think he was musing on whether it would even be possible under this new Ninth Circuit framework/test. He concludes it's unlikely, and hence for Shopify (or any other company putting cookies in browsers) to have any chance of avoiding it, they're going to have to appeal to SCOTUS.
- xbar 1y ago
  Not at all. I think he rightly concludes that jurisdiction is completely avoidable by geoblocking California. It is baffling to hear the author ask the question “did Shopify ‘expressly aim an intentional act at California?” And subsequently conclude that Shopify’s entire business model is in doubt if it doesn’t do business in California.
  - adgjlsfhk1 1y ago
    I think the one plausible argument for Shopify is that the California law is unconstitutional since this might be interstate commerce.
    - otterley 1y ago
      That’s possible, but they haven’t even gotten there yet because they’re still arguing over the jurisdictional question.
  - otterley 1y ago
    They’re not going to geo block California customers. It makes no business sense.