7 ms·

Text of the law: https://legis.la.gov/legis/ViewDocument.aspx?d=1289498 https://legis.la.gov/legis/ViewDocument.aspx?d=1289498 Gives private parties (includin

by morisy 4y ago

Text of the law: https://legis.la.gov/legis/ViewDocument.aspx?d=1289498 https://legis.la.gov/legis/ViewDocument.aspx?d=1289498 Gives private parties (including parents) ability to sue for damages, versus criminal penalties. Not sure how it plays with interstate commerce clause, etc. Also gives similar rights to sue if ID information is retained or used for anything beyond confirming age.

pjc50 4y ago
[flagged]
- takoid 4y ago
  It's also how Alex Jones was punished for his Sandy Hook conspiracy theories.
  - alphabettsy 4y ago
    Sort of. The distinct difference being that he targeted those families with his comments to begin with by saying they were actors, etc.
  - pjc50 4y ago
    Libel law has a much longer legal history.
- cvalka 4y ago
  No, it's not a hack against the 1st amendment. Any private party action is constrained by the 1ST amendment. It's a well resolved question. The unanswered question is what the limits are to out of state state power? It's a billion dollar question.
  - charonn0 4y ago
    Private lawsuits can seek relief that otherwise would be beyond the state's power under the 1st Amendment. For example, speech itself can be penalized by a court if it violates a non-disclosure agreement.
    - cvalka 4y ago
      Not really. It's an artifact of contract law. Could you give an example that is not a byproduct of a contractual provision?
    - SauciestGNU 4y ago
      Cool, I'm sick and tired of Christians forcing their beliefs on me. I'm sure that if a law were passed allowing me to take private action and sue people for being Christian that would be fine since it's not the government taking action on religion?
- hn_throwaway_99 4y ago
  This is significantly different than the Texas abortion law. That law allowed anyone in Texas to sue if they were aware of an abortion, essentially deputizing the entire populace as bounty hunters. If this law only allows those who actually can argue that they suffered damages (i.e. minors or their parents) to sue, than it's not really much different than other civil tort laws.
edaemon 4y ago
It also requires any affected sites to verify users' ages directly with the government. They have to use the "LA Wallet" service, which means the Louisiana state government will have a record of everyone who uses it to access a porn site.
- ttyprintk 4y ago
  Somewhere on HN I’ve seen one of the programmers for LA Wallet. I wonder if they would do an AMA about the state warehousing of access ID and time stamp records?
cvalka 4y ago
This law will not survive the 1st amendment challenge. The unanswered question is what the limits are to out of state state power? It's a billion dollar question. What are the limits to a state enforcing its power out of state?
ryandrake 4y ago
How do you even calculate damages for such a civil lawsuit? I thought damages have to be quantified: You hit my car, and it costs me $1,000 to repair it, so damages are $1,000. Someone goes to PornHub for a wank, and who's wronged? How much did it cost the wronged party?

by morisy 4y ago

pjc50 4y ago

[flagged]

takoid 4y ago
It's also how Alex Jones was punished for his Sandy Hook conspiracy theories.
- alphabettsy 4y ago
  Sort of. The distinct difference being that he targeted those families with his comments to begin with by saying they were actors, etc.
- pjc50 4y ago
  Libel law has a much longer legal history.
cvalka 4y ago
No, it's not a hack against the 1st amendment. Any private party action is constrained by the 1ST amendment. It's a well resolved question. The unanswered question is what the limits are to out of state state power? It's a billion dollar question.
- charonn0 4y ago
  Private lawsuits can seek relief that otherwise would be beyond the state's power under the 1st Amendment. For example, speech itself can be penalized by a court if it violates a non-disclosure agreement.
  - cvalka 4y ago
    Not really. It's an artifact of contract law. Could you give an example that is not a byproduct of a contractual provision?
  - SauciestGNU 4y ago
    Cool, I'm sick and tired of Christians forcing their beliefs on me. I'm sure that if a law were passed allowing me to take private action and sue people for being Christian that would be fine since it's not the government taking action on religion?
hn_throwaway_99 4y ago
This is significantly different than the Texas abortion law. That law allowed anyone in Texas to sue if they were aware of an abortion, essentially deputizing the entire populace as bounty hunters. If this law only allows those who actually can argue that they suffered damages (i.e. minors or their parents) to sue, than it's not really much different than other civil tort laws.

edaemon 4y ago

It also requires any affected sites to verify users' ages directly with the government. They have to use the "LA Wallet" service, which means the Louisiana state government will have a record of everyone who uses it to access a porn site.

ttyprintk 4y ago
Somewhere on HN I’ve seen one of the programmers for LA Wallet. I wonder if they would do an AMA about the state warehousing of access ID and time stamp records?

cvalka 4y ago

This law will not survive the 1st amendment challenge. The unanswered question is what the limits are to out of state state power? It's a billion dollar question. What are the limits to a state enforcing its power out of state?

ryandrake 4y ago

How do you even calculate damages for such a civil lawsuit? I thought damages have to be quantified: You hit my car, and it costs me $1,000 to repair it, so damages are $1,000. Someone goes to PornHub for a wank, and who's wronged? How much did it cost the wronged party?