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Carrier sales of phone-location data is illegal, FCC plans punishment

arstechnica.com

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Re: Carrier sales of phone-location data is illegal, FCC plans punishment

#111
post #12

Toothless fines. Indict corporate officers or employees that did it... then you’ll get change.

This is civil law, not criminal. Maybe criminal liability s needed, but it’s just not reality.

Also: beware what you wish for. Criminal law may allow your bloodlust to be satisfied. But it’s just as likely that the higher burden of proof it requires, and various other differences such as the 5th amendment, make prosecution difficult or impossible.

Re: Carrier sales of phone-location data is illegal, FCC plans punishment

#112

I've long believed that when companies do illegal things that would normally be punished by prison, the company should go to prison. The company office would have to operate according to the same rules as a prison. Employees on arrival are security-checked the same way prisoners would be when they arrive for the first time. Rules about talking between cells, and device use, are the same as a prison. Once you get to y…

Yeah, you should maybe work on whatever causes these revenge phantasies. It doesn’t seem healthy.

On a factual level, I’d just like to point out that "illegal" isn’t (always) equal to "criminal“.

Re: Carrier sales of phone-location data is illegal, FCC plans punishment

#113

I've long believed that when companies do illegal things that would normally be punished by prison, the company should go to prison. The company office would have to operate according to the same rules as a prison. Employees on arrival are security-checked the same way prisoners would be when they arrive for the first time. Rules about talking between cells, and device use, are the same as a prison. Once you get to y…

Yeah, you should maybe work on whatever causes these revenge phantasies. It doesn’t seem healthy. On a factual level, I’d just like to point out that "illegal" isn’t (always) equal to "criminal“.

When a corporation is convicted of a crime rather than merely breaking the law in a lesser way, what do you think is the appropriate punishment? I'm not sure myself, but the imbalance in consequences vs an individual convicted of the same crime does feel quite wrong to me.

Re: Carrier sales of phone-location data is illegal, FCC plans punishment

#114
post #73
post #68

Imagine someone time traveled here from 30 years ago first learning what cell phones are then seeing this headline. Why is this even debatable?

Boiling frog syndrome.

The saying is cute, but it's important to note that the frog had to be lobotomized to stay in despite the slow change.

i'm not sure what our excuse is, however.

Re: Carrier sales of phone-location data is illegal, FCC plans punishment

#115

I've long believed that when companies do illegal things that would normally be punished by prison, the company should go to prison. The company office would have to operate according to the same rules as a prison. Employees on arrival are security-checked the same way prisoners would be when they arrive for the first time. Rules about talking between cells, and device use, are the same as a prison. Once you get to y…

Yeah, you should maybe work on whatever causes these revenge phantasies. It doesn’t seem healthy. On a factual level, I’d just like to point out that "illegal" isn’t (always) equal to "criminal“.

I dunno, if society want to continue using it's phantasies of "corporate personhood" which allows companies to do illegal and/or criminal things while somehow protecting the actual people who made the decisions that lead to them, why not "imprison" companies like this?

If, for example, _I_ collected and then gave away to a business connection personal information on 87 million people - you can bet I'd be fined more than ~1% of my nett worth for it, and probably spend time in jail too..

Companies continually getting away with shady shit with zero or insignificant consequences are the "cause" of such "revenge phantasies". Suggesting ways to stop that seems like a valid thing to work on...

Re: Carrier sales of phone-location data is illegal, FCC plans punishment

#116
post #73

Earlier quoted context omitted.

Boiling frog syndrome.

The saying is cute, but it's important to note that the frog had to be lobotomized to stay in despite the slow change. i'm not sure what our excuse is, however.

The attention (Advertising) industry shaping our brains: https://news.ycombinator.com/item?id=22201771

Re: Carrier sales of phone-location data is illegal, FCC plans punishment

#117
post #89
post #82

Earlier quoted context omitted.

You don’t have to knowingly break the law to be criminally charged. If you’re in a position where a law might apply, you should do your due diligence or get legal counsel sign off. Selling private location data should easily cause a competent executive to think twice and confirm it’s okay.

Why do you think corporate counsel didn't sign off on this?

I didn't opine on this instance wrt if legal counsel did or did not sign off. If corporate counsel signs off on criminal behavior, it should be criminally charged.

Re: Carrier sales of phone-location data is illegal, FCC plans punishment

#118
post #97
post #91

Earlier quoted context omitted.

> Unless they knowingly and intentionally broke criminal law, that's completely over the top and unnecessary. Why? If I drive drunk and a cop pulls me over, lack of knowledge is no defense. As the head of a company, why is a lack of knowledge of the goings-on of the company a defense? If you don't know the goings-on when you are in a position to, at the very least that should be categorized as criminally negligent.

Its like making a mayor liable for the crimes of their city’s residents, after a certain scale it just becomes stupid. Now if the mayor pushes for the crime or doesn’t put policy forbidding the crime, that is a different story.

One of you is speaking of knowledge of the crime and the other is referring to knowledge of the law. Different things entirely.

Re: Carrier sales of phone-location data is illegal, FCC plans punishment

#119
post #74

Earlier quoted context omitted.

They (NSA / govt) still warehouse it. They just don’t access it without a warrant. That is the current legal fiction they operate the surveillance state under.

NSA monitors foreign traffic.

On paper. How do you know it’s foreign? That’s why they warehouse it. As much as they can. Figure out if it’s foreign later on. Don’t underestimate the laws they will skirt to collect data.

Re: Carrier sales of phone-location data is illegal, FCC plans punishment

#120
post #85

Earlier quoted context omitted.

They (NSA / govt) still warehouse it. They just don’t access it without a warrant. That is the current legal fiction they operate the surveillance state under.

They were once caught doing that, which caused a shit show. It doesn't mean they are currently doing that. Maybe they are, I don't know, and neither does you, asserting that they do it only spreads panic and misinformation

Why would they ever stop? No one made them stop. They were cleared to operate under that legal theory. Go back and review the exhaustive testimony from that period and you will find they were never forced to stop collecting “potentially” domestic communications. I think its best to assume they are.

Edit: start with Hayden. They admitted exactly how it all works and what the judges allowed. Read up on the many EFF lawsuits that were shut down.

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