• The Nexus of Privacy@lemmy.sdf.orgOP
    link
    fedilink
    English
    arrow-up
    2
    ·
    11 months ago

    In practice, when the AG threatens to sue and the law makes it clear that they’ll win (which KOSA currently does), companies will typically stop what they’re doing (or settle if the AG actually launches a suit)

    • Aatube@kbin.social
      link
      fedilink
      arrow-up
      1
      ·
      11 months ago

      Wouldn’t the law only make clear they’ll win if it fits the law’s definition of harm?

      • The Nexus of Privacy@lemmy.sdf.orgOP
        link
        fedilink
        English
        arrow-up
        1
        ·
        11 months ago

        The law’s defintion of harm is extremely broad. Charlie Jane Anders has a good discussion of this in The Internet Is About to Get a Lot Worse:

        “This clause is so vaguely defined that attorneys general can absolutely claim that queer content violates it — and they don’t even need to win these lawsuits in order to prevail. They might not even need to file a lawsuit, in fact. The mere threat of an expensive, grueling legal battle will be enough to make almost every Internet platform begin to scrub anything related to queer people.”

        • Aatube@kbin.social
          link
          fedilink
          arrow-up
          1
          ·
          edit-2
          11 months ago

          Hmm, I was under the impression that Attorneys General could already sue whomever they want, success rates aside. Is that not the case?

          • The Nexus of Privacy@lemmy.sdf.orgOP
            link
            fedilink
            English
            arrow-up
            1
            ·
            11 months ago

            Technically yes but judges get annoyed if there’s absolutely no case, so they rarely do – and if they threaten when there’s no case, larger companies will look at it and say the threat’s not real.

            • Aatube@kbin.social
              link
              fedilink
              arrow-up
              1
              ·
              11 months ago

              Wouldn’t the same go for attempting to sue with this law on hosting LGBTQ content, which has no mention?