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295 points AndrewDucker | 2 comments | | HN request time: 0s | source
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kstrauser ◴[] No.45045752[source]
Since some idiotic courts have ruled a website’s Terms of Service to be legally binding, why can’t I just say no one from Mississippi is allowed to access my site and be done with it?

I’m not being glib. Honestly, why can’t I? There’s precedent for saying that’s unauthorized access, so the feds (not the state; “Interstate Commerce Clause” and all that) should prosecute the visitor for violating my ToS.

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1. superfrank ◴[] No.45045862[source]
For the same reason a bars don't just ask people to sign a document saying they're 21 in lieu of an ID.

The laws are written in a way where the responsibility for enforcement falls on the operator of the business. In both cases, the business doesn't actually have to verify anything if they don't want to, but if it's found that they're allowing violations to happen, they will be held legally responsible.

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2. acuozzo ◴[] No.45048331[source]
> The laws are written in a way where the responsibility for enforcement falls on the operator of the business.

Excluding "identity theft".