Clueless human, but what stops a company from ignoring these laws from certain states? How is this enforceable if a company doesn't have any infrastructure within that state?
> Clueless human, but what stops a company from ignoring these laws from certain states?
The threat of lawsuits.
> How is this enforceable if a company doesn't have any infrastructure within that state?
If you are intentionally doing business in a US state, and either you or your assets are within the reach of courts in the US, you can probably be sued under the state's laws, either in the state's courts or in federal courts, and there is a reasonable chance that if the law is valid at all, it will be applied to your provision of your service to people in that state. Likewise, you have a risk from criminal laws of the state if you are personally within reach of any US law enforcement, through intrastate extradition (which, while there is occasional high-profile resistance, is generally Constitutionally mandatory and can be compelled by the federal courts.)
That's why services taking reasonable steps to cut off customers accessing their service from the states whose laws they don't want to deal with is a common response.
That sounds a lot like regulating cross-state commerce, which is traditionally the purview of the federal government. Not that I have any real faith in this particular federal government or Supreme Court jealously protecting federal supremacy in this particular case.
> That sounds a lot like regulating cross-state commerce, which is traditionally the purview of the federal government.
Except for very specific things that are forbidden to the states in Art. I Sec. 10, or where Congress has specifically closed off state action in its own actions under the Interstate Commerce Clause, states retain the ability to regulate commerce in manners that impact interstate commerce so long as they do not discriminate against interestate commerce compared to in-state commerce in such regulations.
Apparently, U.S. statutory and case law establish that a business has an "economic nexus" in a state can be made subject to that state's laws. An economic nexus doesn't require a physical presence, just sufficient economic activity. Sufficient economic activity is usually defined, by each state, according to revenue or volume of transactions. Another test for an economic nexus is something called purposeful availment, which is whether a business is targeting the residents of a jurisdiction. So it seems like, "Are you intentionally selling to Missouri residents?"
To enforce all this, states can sue companies and they can take steps to ensure companies can't do business in their state (so like maybe force ISPs to block Dreamwidth?).
Iirc, there was case law where a site was successfully found guilty because the site allowed ads, and the advertisers were targeting based on ip location. Not the site! The site didn't even log that data. But the ads were used as the vector of purposful availment.
When I get the time, I'll be hosting a site from my closet that allows anything short of csam and I will reject states like MS and TX. My final act will be to die. But I don't much want to live.
It seems like a problem of states trying to pass laws that control things outside their borders. The jurisdiction of Louisiana courts is Louisiana.
I mean it would be absurd if an anti-death-sentence state started trying to extradite the executioners working in pro-death-sentence states for murder, right?
If the executioner did their work in the anti-death-sentence state it wouldn't seem to be absurd, no. E. g. if they had pulled the cord that activated the electric chair remotely from a pro-death-sentence state (tele-execution ... sounds very BlackMirror).
"The Zone of Death is the 50-square-mile (130 km2) area in the Idaho section of Yellowstone National Park in which, as a result of the Vicinage Clause in the Constitution of the United States, a person may be able to theoretically avoid conviction for any major crime, up to and including murder"
That's a separate thing -- it's not about being in a different state from where the crime was committed, it's about (supposedly) it being procedurally impossible to give you the jury trial you have to have, because literally no one lives in the relevant district.
Which really just means of anyone tried to exploit the loophole and wasn’t politically untouchable cough, everyone would just ignore the problem and assign them to some nearby district or whatever.
No, because no one lives in the relevant combination of state and district, hence why only portion of the District of Wyoming that is actually in the State of Idaho is affected.
Not by the same definition, no, its not, though there is a crime called "murder" in all states, and there tends to be significant overlap in the definitions.
Even if there aren't (there are cases where individuals fight extradition to other states though I have no idea if that's ever effective, and questions of conflict between states has come up recently regarding interstate prescribing of abortion medications, etc. with some states explicitly stating that they will not cooperate with Texasistan), a civil judgement against an entity operating in one state could likely be enforced without even interacting with the state where that entity exists - e.g. if they're using a bank with a presence in MS, the state might be able to simply go after their accounts held with the national-scale bank.
There used to be the "Oregon sales tax loophole" where residents of neighboring states (Washington, California, Idaho) would make large purchases (car) just over the border in Oregon where there was no sales tax.
That loophole got closed once inter-state data sharing became possible and Oregon merchants were required to start collecting those out-of-state taxes at the point of sale.
> That loophole got closed once inter-state data sharing became possible and Oregon merchants were required to start collecting those out-of-state taxes at the point of sale.
Oregon merchants are not required to collect sales tax for any other jurisdictions outside of Oregon. And they don’t, any non Oregonian can go to any merchant in Oregon right now, and you will be charged the same as any other customer who lives in Oregon.
Also, it was never a loophole to buy things in Oregon to evade sales tax. All states with sales tax require their residents to remit use tax for any items brought into the state to make up the difference for any sales tax that would have been paid had it been purchased in their home state.
How would that have ever worked for a car in OR as a CA resident? You don't need inter-state data sharing when you have to register the newly-purchased car with the CA DMV and fill out the form saying you bought it inside or outside of CA. If you said "inside" when you didn't CA could likely catch that discrepancy against purely in-state dealer/tax records; if you said "outside" then they're gonna make you pay the tax difference.
Now, buying a fancy computer or something... but a car?
> How would that have ever worked for a car in OR as a CA resident? You don't need inter-state data sharing when you have to register the newly-purchased car with the CA DMV and fill out the form saying you bought it inside or outside of CA.
I haven't seen it as much in WA, but I used to see a lot of Oregon plates on new vehicles in Northern California where I had reason to believe the driver was a resident of CA. I do know someone who was pulled over for driving like a Californian while having out of state plates, so there's some enforcement that way anyhow. (Changed several lanes from the fast lane to the exiting lane in a continuous motion)
You are correct, virtually every state has a law that says “If you buy something in another state and pay less sales tax than we charge, you owe us the sales tax we would’ve charged you.”
It’s called a ‘use tax’. In practice, nobody pays (personal) use tax, myself included.
So, all of those people going to Oregon to shop without sales tax and not paying use tax were technically breaking the law, not using a loophole. I’m not judging them, I don’t pay use tax either :)
Washington at least will refund sales tax paid for goods purchased in Washington for use exclusively outside of Washington if purchased by residents of US states and CA provinces with low sales taxes, if the forms are followed.
I understand it used to be possible to show ID in store and have sales tax not be applied, but now you need to submit receipts and etc.
Avoiding taxes. It's different. It was always perfectly legal to travel to another state to buy something expensive and bring it back home. No crimes were committed.
It was a loophole that you could buy in Oregon specifically to avoid $1,000s in sales taxes.
> It was always perfectly legal to travel to another state to buy something expensive and bring it back home.
It was legal to do that. If it was purchased out of state with the intent of bringing it back home, then (assuming the home state was California) California use taxes were always owed on it. Other states with sales taxes also tend to have similarly-structured use taxes with rates similar to the sales tax rates.
They were legally avoiding sales taxes, but also illegally evading use taxes, and, moreover, there is very little reason for the former if you aren't also doing the latter, unless you just have some moral objection to your taxes being taken at the point of sale and the paperwork and remittance to the government being done by the retailer instead of being a burden you deal with yourself.
It was the same for WA, so you're right, this was always (illegal) tax evasion, not mere avoidance.
AFAIK it's not that Oregon changed anything, either. It's that Washington passed additional laws that require out-of-state merchants to collect the tax when selling to customers in WA, and said out-of-state merchants complied.
I think the point was that interstate data sharing closed the loophole on evading use-taxes. Now states report to each other about large purchases. It's no longer possible to buy a car or tractor in Oregon and never report the unpaid sales tax back to Washington or California. They will know.
The situation petcat described is tax evasion (illegal, since use tax is due in lieu of paying sales tax at point of purchase, assuming item is brought back to home state).
Tax avoidance is simply minimizing tax liability, completely legal.
If you do not pay sales tax on items bought in neighboring states, you typically owe your state use tax on those items. Many people simply did not report these purchases however, and this is evasion.
You can't "elevate" state criminal charges to federal charges, though the state can simply seek your extradition (which, if the receiving state resists, the federal courts can enforce, because it is a Constitutional obligation).
(It is possible for state charges existing to make other actions federal crimes, though, e.g., there is a federal crime of interstate travel to avoid prosecution, service of process, or appearance as a witness. But state charges themselves can't get "bumped up" to the federal level.)
You can’t elevate something to federal charges that is not a federal crime, mostly committed across state lines (at least not in a just system); and the interstate commerce clause and possibly the free speech clause would likely be where that gets hung up.
There is a certain group in the USA that is working hard on undermining the rights of the people of America, the enemies, foreign and domestic, per se; and this is part of their plank to control speech through fear and total control and evisceration of anonymity.
I support controlling access to porn for children, especially since I know people who were harmed and groomed by it, but these types of laws are really just the typical liar’s wedge to get the poison pill of tracking and suppression in the door.
I hope some of the court cases can fix some of these treasonous and enemy acts by enemies within, but reality is that likely at the very least some aspects of these control mechanisms will remain intact.
If it really was about preventing harm against children, then they would have prevented children from accessing things, not adults. But that’s how you know it’s a perfidious lie.
This MS situation is just another step towards what they really want, total control over speech, thought, and what you are able to see and read.
This MS situation is just a kind of trial balloon, a probe of the American people and the Constitution and this thing we still call America even though enemies are within our walls dismantling everything.
As you may have read, in MS they are trying to require all social media companies to “…deanonymize and age-verify all users…” …… to protect the children, of course. So you, an adult, have to identify yourself online in the public square that is already censored and controlled and mapped, to the government so it can, e.g., see if you oppose or share information about the genocide it is supporting … to protect Mississippi children, of course.
The threat of lawsuits.
> How is this enforceable if a company doesn't have any infrastructure within that state?
If you are intentionally doing business in a US state, and either you or your assets are within the reach of courts in the US, you can probably be sued under the state's laws, either in the state's courts or in federal courts, and there is a reasonable chance that if the law is valid at all, it will be applied to your provision of your service to people in that state. Likewise, you have a risk from criminal laws of the state if you are personally within reach of any US law enforcement, through intrastate extradition (which, while there is occasional high-profile resistance, is generally Constitutionally mandatory and can be compelled by the federal courts.)
That's why services taking reasonable steps to cut off customers accessing their service from the states whose laws they don't want to deal with is a common response.