Re:The EU's new Cyber Resilience Act is about to tell us how...
by dragonwriter on Friday March 03, 2023 @12:51PM
(#35012840)
> The problem here is that having remote customers does not count as "doing business in". So it only applies to brick and mortar located in California
Physical presence is not a requirement for commerce clause nexus (though it definitely satisfies it.) I’m not sure it ever was viewed as a requirement outside of sales taxes, and the precedent establishing it as a requirement for sales taxes was overturned by the Supreme Court in South Dakota v. Wayfair (2018).
> Otherwise it's illegal as due to fun laws only FED can regulate interstate commerce.
The “fun law” is the Constitution's Commerce Clause, and that’s not actually how it works.
Physical presence is not a requirement for commerce clause nexus (though it definitely satisfies it.) I’m not sure it ever was viewed as a requirement outside of sales taxes, and the precedent establishing it as a requirement for sales taxes was overturned by the Supreme Court in South Dakota v. Wayfair (2018).
> Otherwise it's illegal as due to fun laws only FED can regulate interstate commerce.
The “fun law” is the Constitution's Commerce Clause, and that’s not actually how it works.