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Supreme Court Strikes Down Part of Sarbanes-Oxley

dealbook.blogs.nytimes.com

11–20 of 25 posts

Re: Supreme Court Strikes Down Part of Sarbanes-Oxley

#11
Accurate tl;dr: Supreme Court says President's chosen SEC has discretionary power to remove members from a Sarbox-created accounting board for any reason; the prior restriction to remove members only for "good cause" was unconstitutional.

edit: changed "President/SEC" to "President's chosen SEC"; it does not appear they said the President has direct discretionary power to remove board members, even though the SEC's power was described in terms of executive/presidential powers.

Re: Supreme Court Strikes Down Part of Sarbanes-Oxley

#12
post #4

EDIT: As pointed out by replies, I apparently lack reading comprehension skills. Thanks to reply: tl;dr: The SEC no longer requires good cause to remove oversight board members any more, and the President's power is essentially unchanged.

Actually, that's completely wrong.

As the law was prior to this decision, the SEC had to have good cause to remove someone from the Public Company Accounting Oversight Board. The ruling was that requiring two levels of good cause between the President and the oversight board was unconstitutional, and now the SEC is able to remove oversight board members directly without requiring good cause. The logic is that this provides sufficient insulation from Presidential control, because the President still requires good cause to remove the SEC people who can remove oversight board members.

tl;dr: The SEC no longer requires good cause to remove oversight board members any more, and the President's power is essentially unchanged.

Re: Supreme Court Strikes Down Part of Sarbanes-Oxley

#13
For everyone saying that this is a pretty inconsequential ruling:

The ruling leaves it to Congress to re-establish the panel with tighter oversight, potentially setting up a new legislative fight that might sweep in other aspects of Sarbanes-Oxley.

via http://www.businessweek.com/news/2010-06-28/sarbanes-oxley-a...

Note, however, that the original source seems to have been "corrected": http://www.bloomberg.com/news/2010-06-28/sarbanes-oxley-audi...

Re: Supreme Court Strikes Down Part of Sarbanes-Oxley

#14
But the most important parts were not struk down. I am still legally not allowed to chat with my coworkers over IRC, or use an internal nopaste service to discuss code snippets over chat.

There's a reason why free software is better than the stuff developed at big companies -- the government doesn't tell them what tools they can and cannot use.

Re: Supreme Court Strikes Down Part of Sarbanes-Oxley

#15
post #7
post #5

Earlier quoted context omitted.

Thanks. I don't speak the same English that is found within those legal documents.

That's because it's not really meant to be "English"; think of it as a DSL for the law.

I have the hardest time conveying to some clients that legal documents are more like code than prose. I'll try the analogy of a DSL with my dev clients. Thanks.

Re: Supreme Court Strikes Down Part of Sarbanes-Oxley

#16

But the most important parts were not struk down. I am still legally not allowed to chat with my coworkers over IRC, or use an internal nopaste service to discuss code snippets over chat. There's a reason why free software is better than the stuff developed at big companies -- the government doesn't tell them what tools they can and cannot use.

I’m not saying I don’t believe you (laws like this are famous for accidental side effects), but I’m having a hard time understanding how a law targeted towards business management executives regarding financial accounting can impact labor level productivity. Care to elaborate?

Re: Supreme Court Strikes Down Part of Sarbanes-Oxley

#18

But the most important parts were not struk down. I am still legally not allowed to chat with my coworkers over IRC, or use an internal nopaste service to discuss code snippets over chat. There's a reason why free software is better than the stuff developed at big companies -- the government doesn't tell them what tools they can and cannot use.

I’m not saying I don’t believe you (laws like this are famous for accidental side effects), but I’m having a hard time understanding how a law targeted towards business management executives regarding financial accounting can impact labor level productivity. Care to elaborate?

Any communication between employees must be archived and stored in some super-special repository. Any tool that doesn't store its data in said super-special repository is a crime to use.

I'm surprised we don't have to record our in-person chats with a wearable video camera.

Re: Supreme Court Strikes Down Part of Sarbanes-Oxley

#19

Earlier quoted context omitted.

I’m not saying I don’t believe you (laws like this are famous for accidental side effects), but I’m having a hard time understanding how a law targeted towards business management executives regarding financial accounting can impact labor level productivity. Care to elaborate?

Any communication between employees must be archived and stored in some super-special repository. Any tool that doesn't store its data in said super-special repository is a crime to use. I'm surprised we don't have to record our in-person chats with a wearable video camera.

Do these super-special repositories have a decent API?

Re: Supreme Court Strikes Down Part of Sarbanes-Oxley

#20
post #7

Earlier quoted context omitted.

That's because it's not really meant to be "English"; think of it as a DSL for the law.

I have the hardest time conveying to some clients that legal documents are more like code than prose. I'll try the analogy of a DSL with my dev clients. Thanks.

The analogy of a DSL isn't really an analogy -- it is a DSL. Legalese is a subset of English gramatically speaking, but the entire goal is to minimize ambiguity as much as possible. It really is a DSL.
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