this post was submitted on 31 Jan 2024
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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)
Wouldn’t the law only make clear they’ll win if it fits the law’s definition of harm?
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:
Hmm, I was under the impression that Attorneys General could already sue whomever they want, success rates aside. Is that not the case?
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.
Wouldn't the same go for attempting to sue with this law on hosting LGBTQ content, which has no mention?