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This ruling is correct, and good. > If a company develops a web-based business for the purpose of conducting online transactions in all 50 States, it should no
by ang_cire 2y ago
This ruling is correct, and good.
> If a company develops a web-based business for the purpose of conducting online transactions in all 50 States, it should not be surprised that it may be sued in any State for unlawful transactions that may occur within that State.
Obviously. But the author calls this "chilling". Without this, companies could circumvent state laws, to conduct actions that are illegal in that state within that state, simply by headquartering or hosting in another. That would be absurd.
It would create a race-to-the-bottom of consumer rights, where states wanting business tax revenue are incentivized to make their states surveillance/ data harvesting/ consumer exploitation havens, whose businesses could then operate across all other states freely.
- mmooss 2y agoThink of the mom & pop handmade craft business selling ceramics online. They couldn't afford to sell their state.
- cthalupa 2y agoThe ruling explicitly addressees this by talking about the scale and scope of Shopify's business in California. Read the 'express aiming' portions. Trying to conflate a mom & pop shop vs. shopify is silly and not something that the court attempted to do.
- ang_cire 2y agoWhy is a mom and pop ceramics business violating consumer privacy laws? Shopify is trying to avoid California having jurisdiction (to try them for privacy violations), because Shopify *knows* they're violating California consumer privacy laws. The idea that enforcing consumer protection laws will somehow result in an explosion of frivolous lawsuits, or the death of business confidence, or will chill business development, is just a lie that companies push to fearmonger away consumer protections.
- mmooss 2y agoI understand Shopify's tactics, but the results are the same for Mom & Pop regardless of how they came about. > just a lie That's just some words; how will it not affect Mom & Pop? > Why is a mom and pop ceramics business violating consumer privacy laws? Because they don't have a legal department to make sure they comply with the rules in 50 states and N countries.