Zhong Sanchez – States Probing Boundaries of ‘Physical Presence’
This is the first time a state has attempted to expand the definition of physical presence to include the use of in-state internet cookies or CDNs. To no one’s surprise, this directive immediately was challenged by NetChoice, a trade association of internet companies and organizations dedicated to advancing the interests of e-commerce businesses and online consumers, and the American Catalog Mailers Association, with the plaintiffs advancing two arguments in their suit.