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SoylentNews is people

posted by on Sunday February 23 2020, @03:20PM   Printer-friendly
from the anything-not-illegal-is-compulsory dept.

Bleh. Apparently not caring what you do on other sites or even requiring any personal information isn't good enough for the state of Confusion^WCalifornia, so we have a shiny, new, temporary Privacy Policy posted on every page and linked at the top of the nav bar.

If you feel like prettying the language, layout, or whatever up before I get around to it, feel free to do so and submit a pull request.

 
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  • (Score: 0) by Anonymous Coward on Sunday February 23 2020, @09:45PM (11 children)

    by Anonymous Coward on Sunday February 23 2020, @09:45PM (#961576)

    1) Why would California law apply to an organization that does not do business in California? Actual impact, not potential impact claimed by consultants to sell privacy policies.
    2) Is this related to TMB possibly abusing his admin access to find out the author of a comment: https://soylentnews.org/comments.pl?sid=36169&cid=960914 [soylentnews.org]

  • (Score: 0) by Anonymous Coward on Sunday February 23 2020, @10:09PM (6 children)

    by Anonymous Coward on Sunday February 23 2020, @10:09PM (#961586)

    SN doesn't block Californians from using it.

    One endpoint of the transaction is therefore in CA jurisdiction.

    • (Score: 0) by Anonymous Coward on Sunday February 23 2020, @10:18PM

      by Anonymous Coward on Sunday February 23 2020, @10:18PM (#961589)

      So why isn't CA already blocking websites that don't comply with its laws because that's how it ends isn't it?

    • (Score: 1, Insightful) by Anonymous Coward on Sunday February 23 2020, @10:45PM (4 children)

      by Anonymous Coward on Sunday February 23 2020, @10:45PM (#961601)

      As it does not contain enforcement provisions of its own, CalOPPA is expected to be enforced through California's Unfair Competition Law (UCL),[7] which prohibits unlawful, unfair or fraudulent business acts or practices.

      SN does not do business in California. The corporation is not regulated by California. Is there a federal law that makes a Delaware non-profit subject to state laws of another jurisdiction?

      • (Score: 2) by The Mighty Buzzard on Monday February 24 2020, @01:41AM

        by The Mighty Buzzard (18) Subscriber Badge <themightybuzzard@proton.me> on Monday February 24 2020, @01:41AM (#961651) Homepage Journal

        Shitty bench law, yes.

        --
        My rights don't end where your fear begins.
      • (Score: 1, Informative) by Anonymous Coward on Monday February 24 2020, @02:53AM (2 children)

        by Anonymous Coward on Monday February 24 2020, @02:53AM (#961687)

        This isn't directly relevant to your question but SoylentNews is NOT legally a non-profit. Absolutely false. They are registered in Delaware as a public benefit corporation. A PBC can make a profit. However, the board of directors is under no legal obligation to prioritize shareholder profits above all else. SoylentNews may choose not to turn a profit at this time, but that is absolutely NOT the same as a non-profit.

        • (Score: 2) by The Mighty Buzzard on Monday February 24 2020, @01:29PM (1 child)

          by The Mighty Buzzard (18) Subscriber Badge <themightybuzzard@proton.me> on Monday February 24 2020, @01:29PM (#961813) Homepage Journal

          This is true. To date there's been no functional difference though. Our two shareholders still refuse to let us even pay them back (buy back the stock), much less start paying dividends or anything like that.

          I'm really not sure why we went the stock route instead of having debt on the books. Apparently there's some accounting/taxes reasons it's better.

          --
          My rights don't end where your fear begins.
          • (Score: 2) by martyb on Friday March 06 2020, @12:00AM

            by martyb (76) Subscriber Badge on Friday March 06 2020, @12:00AM (#967166) Journal

            My recollection is a bit hazy, but my understanding is that we needed an initial "stake" to get the site up-and-running. Having benevolent shareholders (who also happen to be our current board of directors) was a means to an end. It also afforded us a means to control our own destiny insomuch as we are not financially beholden to some outside entity.

            As for paying the shareholders back, I have recently been made aware that what I thought had been an operating surplus (subscriptions less expenses) has actually been an operating loss the past couple of years. A story is currently scheduled to go out tomorrow morning which will provide more information and provide documentation as to our current financial state.

            --martyb

            --
            Wit is intellect, dancing.
  • (Score: 2, Informative) by Anonymous Coward on Sunday February 23 2020, @10:56PM (2 children)

    by Anonymous Coward on Sunday February 23 2020, @10:56PM (#961608)

    Hopefully this: https://www.natlawreview.com/article/california-consumer-privacy-act-series-part-1-applicability-0 [natlawreview.com]
    can shed some more authoritative light on the matter.

    Most of the CCPA’s obligations apply directly to a “business,” which is an entity that:
    1. Handles personal information about California residents
    2. Determines the purposes and means of processing that personal information
    3. Does business in California and meets one of the following threshold requirements:
    a. Has annual gross revenues in excess of US$25 million
    b. Annually handles personal information regarding at least
    50,000 consumers, households, or devices
    c. Derives 50% or more of its annual revenue from selling personal information

    Haha, no.

    As for the applicability of foreign entities:

    1. Activity Wholly Outside of California
    The CCPA does not apply to conduct that takes place wholly outside of California, although it is unclear how such an exemption will apply in practice. The statute provides that this exemption applies if:
    • The business collects information while the consumer is outside of California
    • No part of the sale of the consumer’s personal information occurs in California
    • No personal information collected while the consumer is in California is sold
    Determining when a consumer is outside of California when his or her personal information is collected will be challenging for businesses. For example, given that an IP address is expressly included as personal information under the law, is a business supposed to do a reverse-lookup to determine whether an individual’s IP address originates in California?

    SN does not sell data in California. So all the excitement a nothingburger.

    • (Score: 2) by The Mighty Buzzard on Monday February 24 2020, @01:39AM (1 child)

      by The Mighty Buzzard (18) Subscriber Badge <themightybuzzard@proton.me> on Monday February 24 2020, @01:39AM (#961650) Homepage Journal

      We actually do qualify because we take subscriptions from California residents and handle personal information (email addresses) regarding at least 50k consumers, households, or devices. Now I'm pretty sure we could get any legal action thrown out because California is not entitled to legislate for any consumers, households, or devices outside California and we do not do business with enough Californians. But it would be a pain.

      --
      My rights don't end where your fear begins.
      • (Score: 2) by martyb on Friday March 06 2020, @12:10AM

        by martyb (76) Subscriber Badge on Friday March 06 2020, @12:10AM (#967170) Journal

        We actually do qualify because we take subscriptions from California residents and handle personal information (email addresses) regarding at least 50k consumers, households, or devices. Now I'm pretty sure we could get any legal action thrown out because California is not entitled to legislate for any consumers, households, or devices outside California and we do not do business with enough Californians. But it would be a pain.

        As of my writing this, we have a total of 9,673 registered nicknames for the site. That is well below he 50K threshold... even tallying up separate devices or households, I could argue that we are currently under the limit. That said, there is the matter that if ever were taken to court, unless we could find pro bono representation, any such activity would likely quickly drain our coffers. It behooves us to avoid, therefore, even the appearance of impropriety.

        AFAIK, IANAL, YMMV, EIEIO! =)

        --
        Wit is intellect, dancing.
  • (Score: 2) by The Mighty Buzzard on Monday February 24 2020, @01:34AM

    by The Mighty Buzzard (18) Subscriber Badge <themightybuzzard@proton.me> on Monday February 24 2020, @01:34AM (#961648) Homepage Journal

    That's not abuse. That info is clearly and intentionally displayed on every comment for all editors and admins.

    --
    My rights don't end where your fear begins.