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Texas wins court order to suspend domain name for violating age-verification law

texasattorneygeneral.gov

191–200 of 323 posts

Re: Texas wins court order to suspend domain name for violating age-verification law

#191
post #182

Earlier quoted context omitted.

Common complaint is that government enforcement of laws is insufficient, i.e. fines are only x% of their worldwide revenue. Sounds like this way has teeth and might force companies to actually obey the law?

it doesnt have teeth if its unconstitutional otherwise they could just send the texas rangers to canada to go kill the execs in montreal

"Unconstitutional" is whatever the Supreme Court says it is.

Re: Texas wins court order to suspend domain name for violating age-verification law

#192
post #173

I took a quick look at the Texas law. Like a few other such laws it allows sites to use an external service to do the check, as long as the service uses a "commercially reasonable" method of doing that. That basically means it has to be based on government ID or by inference based on certain types of transaction records they can get access to (e.g., if you have a mortgage they can reasonably infer you are an adult).…

Even ignoring the political aspects, like the fact that EFF/ACLU don't want to be in this business (as you note)…

This system will likely fail in the same way that almost every new DRM system has failed: someone will implement the "secure element" badly and its keys or secrets will get exfiltrated and cloned.

It's one thing to keep a cryptosystem secure when its users appreciate that system (e.g. hard disk encryption or TOTP 2FA)… but it's very hard to keep cryptosystems secure when millions or billions of people are unwilling and resentful users having those systems imposed on them.

Re: Texas wins court order to suspend domain name for violating age-verification law

#193
post #90

Earlier quoted context omitted.

> The GDPR doesn't try to remove anything from the global internet GDPR Article 17 expressly requires the removal of things from the global internet > You're free to not serve your site in the EU Geoblocking is functionally impossible

GDPR Article 17 expressly requires the removal _of your personal data_ from the internet _upon your request_, which is very different from a US state trying to remove a website hosted in and run by a company incorporated in another country. And geo blocking may be functionally impossible but the law cares about intent and actions, not if you prevented someone who used a VPN or lied about their location from using you…

> .. which is very different from ...

And yet still an attempt at extraterritorial overreach. Regardless, I imagine that the rest of us who don't do business in the EU will continue to disregard its very existence. (Except in principle when we write negative comments about it on the internet that don't in practice matter whatsoever, such as this one that you're reading right now.)

Re: Texas wins court order to suspend domain name for violating age-verification law

#194
post #75
post #56

Earlier quoted context omitted.

Even people with mothers shouldn't travel to Texas.

> Even people with mothers shouldn't travel to Texas. You know real, friendly, generous humans live in Texas, right?

Until those people control the Texas government, I don’t see the relevance.

I grew up in South Africa during the apartheid era, when black people weren’t allowed to vote or even participate in the economy at much beyond the level of slaves. I didn’t get upset when people criticized South Africa, or boycotted it, because the country’s actions certainly justified that.

The entire US is in much the same situation now: in the process of flushing democratic governance down the toilet, elevating open corruption to the standard way of doing business, and flirting with authoritarianism to a degree virtually unimaginable just a few years ago.

In that context, the #notalltexans whine sounds rather muffled from all that sand you’ve stuck your head in.

Re: Texas wins court order to suspend domain name for violating age-verification law

#195
post #90

Earlier quoted context omitted.

> The GDPR doesn't try to remove anything from the global internet GDPR Article 17 expressly requires the removal of things from the global internet > You're free to not serve your site in the EU Geoblocking is functionally impossible

> GDPR Article 17 expressly requires the removal of things from the global internet ...as part of compliance with GDPR, if you choose to be compliant. Please name one instance of the EU suing and successfully removing an American website from the internet under this article, or any part of the GDPR? Considering we're talking about an actual case of the US seizing the domain of a European website, whataboutting a hypo…

> Why would anybody think it's meant to apply outside of the EU?

Because it's clearly worded in such a manner, similar to US financial laws. The key difference is that the EU so far lacks the leverage to throw its weight around outside its own territory to the extent that the US does. (Also presumably politicians won't be willing to burn bridges over PII handling violations to the same extent that they do over financial crimes.)

Re: Texas wins court order to suspend domain name for violating age-verification law

#196
post #182

Earlier quoted context omitted.

Common complaint is that government enforcement of laws is insufficient, i.e. fines are only x% of their worldwide revenue. Sounds like this way has teeth and might force companies to actually obey the law?

it doesnt have teeth if its unconstitutional otherwise they could just send the texas rangers to canada to go kill the execs in montreal

Texas rangers vs RCMP sounds like it would make for a decent arena bloodsport matchup.

Back on topic, does the constitutionality matter if the business is destroyed by the process? How long might they be without their domain name even if they prevail in the end? I somehow doubt texas would ever get stuck paying out damages.

Re: Texas wins court order to suspend domain name for violating age-verification law

#197
post #70

Earlier quoted context omitted.

But they do have authority over the domain registrar, so you’re vulnerable there no matter where you live. I don’t agree with the premise of age verification, but of course a prosecutor would go after the assets they can reach if enforcing local laws. They’ve done this for years when it comes to copyright infringement.

It's a huge overreach to say that any individual US state has authority over a domain registrar, and even more specifically over .COM as a TLD, given its history with VeriSign and the US federal government. There exists a well defined process, precedent and prior case law in US federal court to seize a .COM domain name by a court order issued to VeriSign. Doing this at the state level is entirely new.

Well that's an interesting question. Where is the owner of .com headquartered? Because presumably that state's courts do have jurisdiction. Which if you stop and think about it is entirely arbitrary and really drives home what a poor system ICANN DNS is on a fundamental level.

Re: Texas wins court order to suspend domain name for violating age-verification law

#198

Earlier quoted context omitted.

It's a huge overreach to say that any individual US state has authority over a domain registrar, and even more specifically over .COM as a TLD, given its history with VeriSign and the US federal government. There exists a well defined process, precedent and prior case law in US federal court to seize a .COM domain name by a court order issued to VeriSign. Doing this at the state level is entirely new.

Well that's an interesting question. Where is the owner of .com headquartered? Because presumably that state's courts do have jurisdiction. Which if you stop and think about it is entirely arbitrary and really drives home what a poor system ICANN DNS is on a fundamental level.

Verisign is headquartered in Reston, VA

Re: Texas wins court order to suspend domain name for violating age-verification law

#199
post #60

Honest question: what is the ultimate end game if at some point a court in another country orders a domain be reinstated? Do we end up with a domain registration system per country?

I think given the history and "ownership" of the specific TLD of .com by verisign and verisign's relationship with the US federal government, it then proceeds to ignore any court orders to reinstate the ownership issued by a court in any other country that is not the USA.

Presumably that would depend entirely on the extent to which verisign has any business dealings in the country in question. The more assets that could be seized or customers lost the more likely they are to comply.

Re: Texas wins court order to suspend domain name for violating age-verification law

#200
post #70

Earlier quoted context omitted.

So if I don’t do business in Texas, have no operations in Texas or otherwise deal with Texas in any way a state court should just be able to order a company to suspend my whole domain? I’m Canadian and Texas courts have zero authority over me so they can f*ck off.

But they do have authority over the domain registrar, so you’re vulnerable there no matter where you live. I don’t agree with the premise of age verification, but of course a prosecutor would go after the assets they can reach if enforcing local laws. They’ve done this for years when it comes to copyright infringement.

> But they do have authority over the domain registrar

Why do you say that?

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