Re: Will Amnesty International be taking up the case of DavidCarruthers of BetOnSports?

[Matthew Murphy <mattmurphy () kc rr com>]

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Jarrod Frates wrote:
> On 7/20/06, Matthew Murphy <mattmurphy () kc rr com> wrote:
> > California used this same theory of jurisdiction at the state level to
> > regulate all businesses with California customers under its now-infamous
> > breach notification law.
>
> Technically, the businesses are required to notify only those
> customers who are residents of California.  The state cannot require
> that residents of other states be notified due to the Commerce
> Regulation clause of Article I, Section 8.  However, businesses
> strongly tend to alert residents of other states as well, because if
> they don't, they risk a mark against their reputation for not
> providing a notification to them, too.

I wasn't meaning to say that they assumed the right to regulate 
relationships that were entirely outside of California (i.e., a business 
based outside of California which holds the information of a person 
outside of California).  Of course it doesn't apply in those instances.

The important part was that the business being regulated is outside of 
the state issuing the regulation.  It's the same principle here -- if 
you're not a U.S. national, but your interactions with U.S. nationals 
violate our laws, you're eligible for arrest and prosecution.  That's 
the legal theory underpinning the arrest.

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