6 ms·

> In fact, under the laws that the Supreme Court just upheld, prosecutors in Tennessee and South Dakota can even reach across state lines and prosecute writers

> In fact, under the laws that the Supreme Court just upheld, prosecutors in Tennessee and South Dakota can even reach across state lines and prosecute writers on FELONY charges for a single paragraph of sexually-explicit writing on my site that they think "harmed" kids in their states, facing up to FIFTEEN years in prison, for failing to implement ID-checks on my dinky little free WordPress site. > It's unlikely these interstate prosecutions would happen... It might wind up being uncommon, but definitely not unlikely - it's basically assured that it will happen eventually, especially if the judge finds the text in question particularly or personally offensive. I guess now is a great time to start a KYC company.

bravoetch 1y ago
Or now is a good time to build privacy tools into everything.
- root_axis 1y ago
  Unfortunately, this is the law we're talking about. Privacy tools don't do much to mitigate the hardships of life as a fugitive.
zeroonetwothree 1y ago
Judges are not the people that prosecute crimes
- root_axis 1y ago
  True, but it's a given that prosecutors will do it since that's their job.
JohnTHaller 1y ago
[flagged]
- giingyui 1y ago
  [flagged]
- HideousKojima 1y ago
  [flagged]
  - tomhow 1y ago
    We've banned this account.
    - HideousKojima 1y ago
      [flagged]
kfajdsl 1y ago
If an state AG tries to prosecute an entity that has no ties to the state other than content being passively accessible, that's probably another supreme court case if it doesn't get immediately decided in favor of the defendant in the lower courts. You open a big can of worms if entities are required to proactively comply with regulations in states they have zero presence in. If Texas wants to block content from entities that have nothing to do with Texas, they can build their own great firewall.
- ronsor 1y ago
  Isn't this covered by the "full faith and credit" clause? [0] [0] https://constitution.congress.gov/browse/essay/artIV-S1-1/ALDE_00013015/ https://constitution.congress.gov/browse/essay/artIV-S1-1/AL...
  - arrosenberg 1y ago
    Technically anything is possible with the Calvinball Supreme Court, but states can choose not to extradite their citizens. E.g. NY has a shield law for abortion doctors. https://ag.ny.gov/resources/organizations/police-departments-law-enforcement/shield-law-protections https://ag.ny.gov/resources/organizations/police-departments...
    - kelnos 1y ago
      This feels helpful, but puts a big burden on the person targeted. I live in California; let's say I run afoul of this Tennessee law and am criminally prosecuted. California decides this is bullshit and won't extradite me to Tennessee. Great. The article mentions that 20-odd states are implementing similar laws (though most offer only civil penalties, not criminal). Let's say I want to visit friends in New York. I get on a plane, and the plane flies over one of those other states with shitty laws. They've decided to help Tennessee with their shitty-law enforcement, see that my name is on a passenger list of a flight crossing that state's airspace, and they require my plane divert to a local airport so they can arrest me. Ok, maybe states can't do that? But I still have to be careful how I fly; I have to only take direct flights, or be very careful as to which connecting airports I allow in my itineraries. I have to hope that all my flights go smoothly, and that my flights never have issues that require them to divert to an airport in a state with shitty laws. This still sucks for people who don't have to live in states with these garbage laws.
heavyset_go 1y ago
> especially if the judge finds the text in question particularly or personally offensive. Pro-censorship advocates will venue shop to find a sympathetic court
- sixothree 1y ago
  First they will find targets, then decide on the crime, then shop the venue.
kevingadd 1y ago
This is presently happening in China with homosexual literature: https://www.bbc.com/news/articles/c056nle2drno https://www.bbc.com/news/articles/c056nle2drno Rural police departments decide that a piece of text 'harmed' one of their residents and prosecute the author.
pjc50 1y ago
It's going to get used against trans and queer people. Someone will try to claim that a trans person in normal street clothes is "corrupting children", or that merely mentions of their existence is.
- heavyset_go 1y ago
  This is already happening to queer people who dress in drag.

bravoetch 1y ago

Or now is a good time to build privacy tools into everything.

root_axis 1y ago
Unfortunately, this is the law we're talking about. Privacy tools don't do much to mitigate the hardships of life as a fugitive.

zeroonetwothree 1y ago

Judges are not the people that prosecute crimes

root_axis 1y ago
True, but it's a given that prosecutors will do it since that's their job.

JohnTHaller 1y ago

[flagged]

giingyui 1y ago
[flagged]
HideousKojima 1y ago
[flagged]
- tomhow 1y ago
  We've banned this account.
  - HideousKojima 1y ago
    [flagged]

kfajdsl 1y ago

If an state AG tries to prosecute an entity that has no ties to the state other than content being passively accessible, that's probably another supreme court case if it doesn't get immediately decided in favor of the defendant in the lower courts. You open a big can of worms if entities are required to proactively comply with regulations in states they have zero presence in. If Texas wants to block content from entities that have nothing to do with Texas, they can build their own great firewall.

ronsor 1y ago
Isn't this covered by the "full faith and credit" clause? [0] [0] https://constitution.congress.gov/browse/essay/artIV-S1-1/ALDE_00013015/ https://constitution.congress.gov/browse/essay/artIV-S1-1/AL...
- arrosenberg 1y ago
  Technically anything is possible with the Calvinball Supreme Court, but states can choose not to extradite their citizens. E.g. NY has a shield law for abortion doctors. https://ag.ny.gov/resources/organizations/police-departments-law-enforcement/shield-law-protections https://ag.ny.gov/resources/organizations/police-departments...
  - kelnos 1y ago
    This feels helpful, but puts a big burden on the person targeted. I live in California; let's say I run afoul of this Tennessee law and am criminally prosecuted. California decides this is bullshit and won't extradite me to Tennessee. Great. The article mentions that 20-odd states are implementing similar laws (though most offer only civil penalties, not criminal). Let's say I want to visit friends in New York. I get on a plane, and the plane flies over one of those other states with shitty laws. They've decided to help Tennessee with their shitty-law enforcement, see that my name is on a passenger list of a flight crossing that state's airspace, and they require my plane divert to a local airport so they can arrest me. Ok, maybe states can't do that? But I still have to be careful how I fly; I have to only take direct flights, or be very careful as to which connecting airports I allow in my itineraries. I have to hope that all my flights go smoothly, and that my flights never have issues that require them to divert to an airport in a state with shitty laws. This still sucks for people who don't have to live in states with these garbage laws.

heavyset_go 1y ago

> especially if the judge finds the text in question particularly or personally offensive. Pro-censorship advocates will venue shop to find a sympathetic court

sixothree 1y ago
First they will find targets, then decide on the crime, then shop the venue.

kevingadd 1y ago

This is presently happening in China with homosexual literature: https://www.bbc.com/news/articles/c056nle2drno https://www.bbc.com/news/articles/c056nle2drno Rural police departments decide that a piece of text 'harmed' one of their residents and prosecute the author.

pjc50 1y ago

It's going to get used against trans and queer people. Someone will try to claim that a trans person in normal street clothes is "corrupting children", or that merely mentions of their existence is.

heavyset_go 1y ago
This is already happening to queer people who dress in drag.