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295 points AndrewDucker | 7 comments | | HN request time: 0.001s | source | bottom
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miki123211 ◴[] No.45045491[source]
Is there even such a thing as a "Mississippi IP?"

I.E. Are US ISPs, particularly big ones like Comcast, required to geolocate ISPs to the state where the person is actually in? What about mobile ones?

Where I live (not US), it is extremely common to get an IP that Maxmind geolocates to a region far from where you actually live.

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kube-system ◴[] No.45045616[source]
GeoIP services are not 100% accurate, but that doesn't mean they're completely useless.

The law in question requires "commercially reasonable efforts"

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1. Falkon1313 ◴[] No.45047998[source]
I wonder what is a "commercially reasonable effort" for a non-commercial website to collect, accurately verify, and securely store everyone's identity, location, and age?

Personally I'd say none at all, unless the government itself provides it as a free service, takes on all the liability, and makes it simple to use.

It also defines personally identifiable information as including "pseudonymous information when the information is used by a controller or processor in conjunction with additional information that reasonably links the information to an identified or identifiable individual." But it doesn't specify what it means by 'controller' or 'processor' either.

If a hobbyist just sets up a forum site, with no payment processor and no identified or identifiable information required, it would seem reasonable that the law should not apply. But I'm not a lawyer.

Clearly, however, attempting to comply with the law just in case, by requiring ID, would however then make it applicable, since that is personally identifiable information.

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2. kube-system ◴[] No.45048480[source]
> I wonder what is a "commercially reasonable effort" for a non-commercial website to collect, accurately verify, and securely store everyone's identity, location, and age?

> Personally I'd say none at all, unless the government itself provides it as a free service, takes on all the liability, and makes it simple to use.

1. There are many commercial services that do identity verification. There are many other commercial websites that have tools to do identity verification themselves. There are industry published best practices for these types of activities. All of these are evidence that you could use to demonstrate how you are making a commercially reasonable effort.

2. It's completely irrelevant whether you consider your website "commercial" or not. The law defines which websites it applies to, based on the activities they engage in.

https://law.justia.com/codes/mississippi/title-45/chapter-38...

3. Since when does the government have to give you compliance tools for free in order to require something of you? This isn't the standard for anything anywhere. Compliance with the law is often quite expensive. Honestly, buying an identity verification service is pretty cheap in the spectrum of compliance costs.

> If a hobbyist just sets up a forum site, with no payment processor and no identified or identifiable information required, it would seem reasonable that the law should not apply. But I'm not a lawyer.

You don't have to guess whether or not this is reasonable or not. If you read the law, you'll see that it says it only applies to sites that collect personally identifiable information.

From the above link, again:

> "Digital service" means a website, an application, a program, or software that collects or processes personal identifying information with Internet connectivity.

> "Personal identifying information" means any information, including sensitive information, that is linked or reasonably linkable to an identified or identifiable individual. The term includes pseudonymous information when the information is used by a controller or processor in conjunction with additional information that reasonably links the information to an identified or identifiable individual. The term does not include deidentified information or publicly available information.

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3. integralid ◴[] No.45049292[source]
Worth noting that email is (or rather, may be) a PII, so having a comment box means you're processing PII.
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4. kube-system ◴[] No.45051142{3}[source]
Comments don't necessarily require email.
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5. thmsths ◴[] No.45053402[source]
Completely agree. If someone starts, says a whiskey tasting club, they can easily weed out minors by checking for a government issued ID at the door. It is free, scalable and provided by the government. If the government want hobbyists to do age verification online then they should provide a solution that is 100% free AND easy to implement.
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6. mulmen ◴[] No.45053965[source]
Government IDs are not free or scalable. You need someone to check them. They also cost money to obtain.

You have conceded that sites with user-generated content should be age restricted. The question for the court is if a state can pass a law making that requirement.

7. fc417fc802 ◴[] No.45056770{4}[source]
If this law singlehandedly manages to get registration emails replaced with an anonymous messaging alternative that would be quite the unexpected win.