If I host a web page that contains some information and I make no money off the web page, and someone in another state views the information on the web page, is that commerce?
No. I don't think it is. Here is the legal definition of commerce. I found it for free on the internet but i had to read from a page which also had an advertisment on it.
commerce
1: the exchange or buying and selling of goods, commodities, property, or services esp. on a large scale and involving transportation from place to place: "trade 2"
2: the act of engaging in sexual intercourse
Commerce does happen on the internet. I think that there are non-commercial activities on the internet which are protected from government regulation as well. I looked up the definition of goods, and goods specifically excludes documents. I would conclude that non-owned writing, software, and other non-owned expressions of human thought are not goods, commodities, property, or services in the legal definition. Also "esp. large scale" wouldn't apply to all sites.
Commerce and interactions which take place within only one state aren't interstate commerce either.
I think that the internet represents a special case which could not have been forseen by many legislators or by the writers of the constitution. I would like to see specific protections for certain internet activities. Legislators ought to recognize a new mental landscape with unique properties different in many ways from matter and physical localities. The right of people to express their thoughts, ideas , and opinions is a core value in the U.S.. The government has no right to single people out based on the websites they view or opinions they express.
Slashdot Mirror
No. I don't think it is. Here is the legal definition of commerce. I found it for free on the internet but i had to read from a page which also had an advertisment on it.