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USA needs law 'a lot like GDPR' says Salesforce CEO Marc Benioff

theregister.co.uk

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Re: USA needs law 'a lot like GDPR' says Salesforce CEO Marc Benioff

#81

Post by dbasedweeb »

bmelton wrote: post #79
dbasedweeb wrote: post #53

Earlier quoted context omitted.

Please if you can, give one example of a European government jailing someone for a thought crime. To save us both time and aggravation please keep the actual definition of “thought crime” in mind, and don’t conflate it with something people actually did .

France convicted 12 pro-Palestine activists for wearing "Boycott Israel" T-shirts. Azhar Ahmed, a British Muslim, was charged with treason, and ordered to pay a fine and complete community service because of a Facebook post he made wishing "All soldiers should DIE & go to HELL" Herve Eon was convicted in France for insulting former French President Nicolas Sarkozy by holding a sign that said “get lost, jerk” And, des…

https://news.ycombinator.com/item?id=17188353

Seriously, if you don’t know what something means, don’t use the the damned phrase.

“For insulting” “For wearing” are not thought crimes. A handy rule to detect a thought crime is this: unless someone was jailed just for thinking it wasn’t a thought crime.

Please, actually read 1984.

Re: USA needs law 'a lot like GDPR' says Salesforce CEO Marc Benioff

#82

Post by andrepd »

castlecrasher2 wrote: post #61
Double_a_92 wrote: post #33

Earlier quoted context omitted.

If you don't do business in the EU you don't really have to care?

We'll see how this pans out but I'm not confident the legal system will prove logical, especially with something as vague as the GDPR.

What's vague about GDPR? What's vague about its scope? It's all clearly laid out.

Re: USA needs law 'a lot like GDPR' says Salesforce CEO Marc Benioff

#83

Post by kinsomo »

ocdtrekkie wrote: post #21
dmoy wrote: post #5

Earlier quoted context omitted.

Could you elaborate? Most of us are not super well versed in constitutional law.

The general claim people make suggesting things like Right To Be Forgotten or Right To Privacy is that it violates "free speech", and particularly, that via Citizens United, the US currently claims corporations have the right of free speech. Google believes, for instance, all limitations on how it provides search results as an infringement on Google's right to "say" whatever they want. Of course, we already have a va…

> [a] Right To Privacy is that it violates "free speech"

Copyright is settled law that definitely limits the kinds of speech people can engage in.

Couldn't you construct a right to privacy by first saying an individual has an automatic ownership right to certain kinds of personal data [1], and that data can't be used without an appropriately constructed license [2]?

[1] You might be able make this strong and compatible with the First Amendment, by treating machine-collected and person-collected data differently. A machine has no First Amendment right to speak about what it knows, while a person does.

[2] The "appropriately constructed license" requirements could include GDPR-like definitions of consent.

Re: USA needs law 'a lot like GDPR' says Salesforce CEO Marc Benioff

#86

Post by goodpass »

jrs95 wrote: post #44
xevb3k wrote: post #31

Earlier quoted context omitted.

I used to think more like this. Then when I thought about it I decided that essentially all “ownership” rights are like this. Intellectual property and physical property laws are artificial. There is no basic right, they are all rights created where “none exist”. They can be useful though, and part of how we decide what kind of society we want to create. Seems like Europe has decided that privacy and control of data…

Considering that these rules don’t apply to governments, and that European governments generally seem to be slipping towards jailing people for thought crime, I’m skeptical as to how serious they are about privacy and control of personal data.

European countries don’t typically have American-style free speech, no. People can and do get punished with fines and jail time in England for “insulting” various religions, for example. But this isn’t news to legal scholars or historians.. For all of America’s faults, free speech is one thing we do pretty well.

Re: USA needs law 'a lot like GDPR' says Salesforce CEO Marc Benioff

#88

Post by apocalypstyx »

epicmellon wrote: post #51
snomad wrote: post #38

Earlier quoted context omitted.

> You don't own information about you. Data is data. This seems like a strange stance. Clearly some data is not just data and must be protected, for example Top Secret information. From a broad consumer perspective, we have FERPA and HIPAA, which place restrictions on educational and health information. Have you considered the wild west of no data restrictions was the anomaly, not the other way around? Or, are you of…

Well, I liken it to window shades. You don't own the photons bouncing off of you so if someone looks in your window and the shades aren't closed, then they aren't stealing your image. If they try to circumvent the protections you put in place, that's different. Same thing with data.

Taking such arguments all the way to the end, crime becomes only a theoretical construct that can never be practiced, i.g., the safe wasn't strong enough to withstand the explosion: the owner must not have wanted to protect the valuables within enough; someone gets killed: that individual didn't expend enough time and effort to hire sufficient body guards or invest in sufficient bullet-proof attire; a woman is raped: if she had fought back more, had known judo, had been carrying a 12-gauge pump shotgun, it would not have happened.

And this completely ignores the difference in scale between a single person looking through a single window and the aggregate data of millions upon millions of human beings.

Re: USA needs law 'a lot like GDPR' says Salesforce CEO Marc Benioff

#89

Post by simion314 »

epicmellon wrote: post #13
wyldfire wrote: post #3

A consumer protection law like GDPR would probably be a good thing for US, but it's hard not to see this as SFDC saying, "As a multibillion-dollar SaaS vendor, we welcome regulation that might slow down or prevent a competitor from unseating us."

That's exactly what this is. GDPR is untenable and creates magical rights where none exist. You don't own information about you. Data is data. The only reasonable thing I can see out of it is getting companies to clarify (simplify) their EULAs.

Don't you have in US strict laws about medical data, so medical data != personal private data

Re: USA needs law 'a lot like GDPR' says Salesforce CEO Marc Benioff

#90

Post by duxup »

SamReidHughes wrote: post #59
duxup wrote: post #27

Earlier quoted context omitted.

Based on what?

When can Congress pass a law requiring newspapers to delete information it has collected about somebody?

My doctor can't share information even if he has collected it about me.

It's not like information doesn't have restrictions already, those situations do not seem to have been ruled unconstitutional...

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