This is going to make it impossible to start a startup. We need to organize a movement against this.
Of course, Europe has had no startups at all since the Data Protection Directive (95/46/EC) was passed in 1995. /s
Exactly.
Prison time, hefty fines for data privacy violations: draft U.S. Senate bill
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Re: Prison time, hefty fines for data privacy violations: draft U.S. Senate bill
#32Would these rules also apply to NSA/CIA misuse of surveillance?
Re: Prison time, hefty fines for data privacy violations: draft U.S. Senate bill
#33This is going to make it impossible to start a startup. We need to organize a movement against this.
That's preposterous. Healthcare startups are doing just fine managing HIPAA, which includes up to $1M fine and prison time for violating patient privacy.
Re: Prison time, hefty fines for data privacy violations: draft U.S. Senate bill
#34Prison time for this is madness.
Failure to disclose a significant data breach isn't just about deceit against users, it's also about defrauding investors. To borrow a phrase from Matt Levine (Bloomberg), "everything is securities fraud," including failure to disclose a data breach certain to have a material effect on the company's stock price.
Failure to disclose (or unreasonable delay in disclosing) a massive data breach by the executives of a public company is already a criminal offense! But I don't know of any cases where criminal charges have actually been brought. It's possible that assembling a securities fraud case is extremely challenging, or that US Attorneys are not keen to go after tech co. execs. If the latter is true, I don't suspect a new data privacy law would be any better enforced.
Re: Prison time, hefty fines for data privacy violations: draft U.S. Senate bill
#35This is going to make it impossible to start a startup. We need to organize a movement against this.
no it doesn't. a large portion of the bill refers only to 1B+ companies.
also if you start a company, take care of user data, or if you can't just don't gather it in the first place.
Re: Prison time, hefty fines for data privacy violations: draft U.S. Senate bill
#36Prison time for this is madness.
What do you think is a more effective alternative?
Re: Prison time, hefty fines for data privacy violations: draft U.S. Senate bill
#37Just about the only threat that execs will take seriously is a posse of well-armed men. I’m personally not against dispensing some long overdue vigilante justice, but I wonder whether we’d know when to stop?
Re: Prison time, hefty fines for data privacy violations: draft U.S. Senate bill
#38This is going to make it impossible to start a startup. We need to organize a movement against this.
No. This will stop you from building the kind of startup that is built on a bad ethical foundation. Don’t collect data you can’t protect. It’s that simple!
Re: Prison time, hefty fines for data privacy violations: draft U.S. Senate bill
#39Earlier quoted context omitted.
I agree. The journalist who posted the original article was too busy to put a link to the proposed bill. [EDIT: link: https://www.wyden.senate.gov/imo/media/doc/Wyden%20Privacy%2... ] To those who say white collar crime is out of control, I agree, but we don't get it under control by criminalizing new things. We control it through fairer and better enforcement of things that are already illegal. I strongly suspect th…
> I strongly suspect the only people criminally prosecuted under such a bill will be patsies The only people that can be prosecuted under it are the chief executive officer, the chief privacy officer, and the chief information security officer. The thing that is criminal under this bill and thus can subject them to prosecution is, despite what most news stories imply, not violating privacy. The bill requires the comp…
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Re: Prison time, hefty fines for data privacy violations: draft U.S. Senate bill
#40Earlier quoted context omitted.
Easily disproven. The 2008 crash is full of executives who did not comply with the law, and did not take the threat of prison seriously. I think to this date you can count the number in prison on two hands, and most of those were more foot soldiers than masterminds.
Huh? Doesn't this prove the point? None of the people went to prison in the end, and the message remained clear: you won't go to prison. That's why it's not taken seriously.
So why pass a law if it can't or won't be enforced? And do you realize how political prosecutors offices are? Also, laws like this become patronage to the drafters when they're out of office. "Well you REALLY should hire our compliance services."
Laws only work when cultural norms already do 99% of the heavy lifting.