A law inviting Texans to sue social media companies over ‘censorship’ is back | Hacker News Reader

A law inviting Texans to sue social media companies over ‘censorship’ is back

techcrunch.com

The law (https://capitol.texas.gov/tlodocs/872/billtext/html/HB00020S...) states:

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Sec. 143A.002. CENSORSHIP PROHIBITED. (a) A social media platform may not censor a user, a user's expression, or a user's ability to receive the expression of another person based on: (1) the viewpoint of the user or another person; (2) the viewpoint represented in the user's expression or another person's expression; or (3) a user's geographic location in this state or any part of this state. (b) This section applies regardless of whether the viewpoint is expressed on a social media platform or through any other medium.

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Viewpoint isn't defined, presumably intentionally vague to chill anything but the broadest compliance.

As well, you can't just filter out Texans to avoid complying with this law - your private company MUST serve Texans.

Ok, but how is it enforced? Are there new Texas Internet Rangers?

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   Sec. 143A.007.  USER REMEDIES. (a)  A user may bring an action against a social media platform that violates this chapter
  with respect to the user.
         (b)  If the user proves that the social media platform violated this chapter with respect to the user, the user is entitled to recover:
               (1)  declaratory relief under Chapter 37, including costs and reasonable and necessary attorney's fees under Section 37.009; and
               (2)  injunctive relief.

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Oh... it's another bounty-hunter law, like the Texas abortion law which rewards people with $10,000 big-ones for turning in their ex-girlfriend or coworker or whatever.

How can they enforce providing service to Texans?

As someone who lives in Texas, that part seems pretty clear. If a company offers a service but intentionally excludes people from Texas (or any part of Texas) because of where they live, that person can sue here for damages.

And what grounds would they have to enforce that suit? Break Texan law by not doing business in Texas and not having any Texan assets: how enforceable is that?

Texans aren't known for their intelligence...

wouldn't that person also be opening up themselves to felony CFAA charges by using a system in violation of the terms of service?

>If a company offers a service but intentionally excludes people from Texas (or any part of Texas) because of where they live, that person can sue here for damages.

This is a pretty wild concept. So if I am a citizen of, for example, north carolina and I decide that I simply don't want to sell widgets to citizens of Texas can I be sued for breaking a Texas law? Do you have a link to somewhere that spells that out? Not that I don't believe it, I'm just not sure how that could ever be enforceable. Are they going to put texas police in a car and drive to North Carolina and arrest me? Sieze my non-existant texas assets? There is no Texas FBI with jurisdiction outside their borders. What possible penalty could I have for simply ignoring the lawsuit?

The simplest answer is that the state can prevent the company from doing business here at all, just like how China cuts off non-conforming platforms. This effect could echo into other states, just like laws in California often anticipate nationwide changes.

A state ban on a nationwide company could also extend to its vendors and customers, so platforms could be cut off from advertisers and suppliers here. This technique has also been used in CA and in Europe to widen the compliance net.

The comparison of Texas and China is getting more and more apt every day.

But surely if my goal as a company is to not interact with Texas customers due to restrictive or objectionable Texas legislation, not letting me do business in Texas is 'threatening me with a good time'?

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