Skip to content

Jack Goldsmith & Eugene Volokh, The Relevance of Ross to Geolocation and the Dormant Commerce Clause, 102 Tex. L. Rev. Online 30 (2023).


Abstract: In State Regulation of Online Behavior: The Dormant Commerce Clause and Geolocation, we argued that the validity of state laws regulating internet activity should turn in part on the feasability of geolocation--the extent to which online services can reliably determine the state in which a user is located so that they can comply with the law of that state. The article was published before the Supreme Court decided National Pork Producers Council v. Ross, an important Dormant Commerce Clause (DCC) decision, in May 2023. This brief essay explains how Ross supports our central arguments.