Any idea how this new law will affect instance operators?
![](https://lemmy.world/pictrs/image/eb9cfeb5-4eb5-4b1b-a75c-8d9e04c3f856.png)
![New Louisiana law will require kids under 16 get parent approval to access social media](https://forkk.me/pictrs/image/cb60dc87-b902-4ec0-96ce-219074896057.jpeg?format=jpg&thumbnail=256)
klfy.com
The US state of Louisiana requires social media companies to get parental permission for users under 16.
The US state of Louisiana requires social media companies to get parental permission for users under 16.
3 things.
Is there a minimum number of users for this to be effective? If so, just keeping you instance under that amou t should work.
Can they really charge someone who is not running the instance for profit? The article states that the social media owner must take "commercially reasonable" action to verify users. Technically, nothing is commercially reasonable if you aren't running a Comercial business right?
Related to 2. The article says "social media companies". Most instances aren't being ran by companies... So again this may be an out for those running instances.
From the Act:
So it’s a nonissue.
Also, is there formatting on here? I just defaulted to my old habit of > for quote text.
Yeah, same markdown as Reddit
I'm curious...
Do headers work with #hashtags?
Seems they do, on Kbin at least.
I think it's safe to say no single Lemmy or Mastodon instance will ever be covered by this particular bill.
If I ever run an instance, I'll just put a 'no persons from X region' in the sign up area.
who enforces it? lol this is doomed to fail
take the Pornhub approach and just block any Louisiana IP …
Or just force all Louisiana onto a server not hosted in US. What could they do?
step it up a notch, only host content aimed at Republicans and conservatives
I don't think a hobbyist-hosted instance would count as a social media company.
Also, what's Louisiana gonna do if the instance is outside their state? Send them strongly-worded emails?
That's what I'm wondering, how would they enforce these rules for any instance that isn't based in their state?
@colonial@lemmy.world
Just like Facebook isn't in any one state.. You could fine the instance owner.. Eventually leading to a warrant for non compliance and failure to pay which means you are bared from entering the state of you don't want to be arrested.
Also they can ban your ip. So no one in the state would see or interact with that instance.
Barred from Louisiana, Virginia, and Utah? I'd take my chances 😂
Not saying I disagree lol
https://www.legis.la.gov/legis/ViewDocument.aspx?d=1333323
So, it looks like they passed the law, but still haven't got their shit together.
I love this part:
Even Facebook, with all of their money, doesn't have these features.
I love the feature requests filed through legislation. LMAO
bruh that is not possible unless the social media requires you to be logged in? you can just browse without account
I would just say its a good thing that no social media companies are running Lemmy instances, then.
The Louisiana legislature is infested with conservatives who are barely literate. The chances those back-water right-wing dipshits were able to cobble together a functional and enforceable law regarding technology is slim.
You're gonna change plenty of minds with that attitude, bud.
3 things.
Is there a minimum number of users for this to be effective? If so, just keeping you instance under that amou t should work.
Can they really charge someone who is not running the instance for profit? The article states that the social media owner must take "commercially reasonable" action to verify users. Technically, nothing is commercially reasonable if you aren't running a Comercial business right?
3.. Related to 2. The article says "social media companies". Most instances aren't being ran by companies... So again this may be an out for those running instances.
Sounds like something to enforce on the parents end. If they’re minors, parents are responsible for them.
To be honest I also think the same question in regards for GDPR and UK inbound legislation regarding porn and how those might affect the fediverse in general.
So this is related to a previous law (the CDA? Not sure) that requires special accommodations for users under 13 years of age in order to separate kids and porn (also kids and predators). For most social media platforms the response was to limit the age in the TOS to 13 years.
Did you click a TOS confirmation when you joined facebook? Congrats, you asserted you're at least 13 years old. Were you underage at the time? Congrats! You committed a felony violation of the CFAA (though this was fixed somewhere in the mid 2010s). It was never enforced, but the assumption was if you're tweeting you're old enough to read swearing.
In time we established that kids who want to see porn will gladly pretend to be an old person to do it. If someone admits they're underage, and you're sexually explicit at them, then yes Chris Hanson wants you to have a seat.
(Our rules regarding sex and underage people vary from county to county, and while a teen boy and a teen girl of like ages can get it on without violating the law in every US county, this is not always the case when it comes to two boys or two girls or enbies of any stripe, and very few counties have protections for teens doing anything else, like sexting their sweetheart. So be safe!)
That said, currently all a porn site has to do is put an age-gate where you click to assure you're over 18 and can witness the content of M-rated video games. If Louisana is going to require more (such as mandating a license check) they'll have to specify, and in being specific the law will then interact with commonplace rights to privacy, which includes engaging with the internet while staying anonymous.
So far we don't have a way to prove one's age without also compromising their specific identity, a consequence which has a chilling effect that most would-be moral guardians depend on. Since the porn industry depends on people obtaining porn anonymously, we can expect there will be some very serious first-amendment and fifth-amendment challenges to this law.
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