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posted by Fnord666 on Thursday July 05 2018, @03:18PM   Printer-friendly
from the first-post^W-amendment dept.

Submitted via IRC for BoyceMagooglyMonkey

Your company has suffered a data breach. The law requires you to fall on your sword, and—at considerable time and expense—provide a government-scripted breach disclosure notice to your customers, including the facts and circumstances surrounding the breach, how it happened, what data was breached and, more importantly, what you are doing about it.

Irrespective of the costs of the breach itself, the government-compelled disclosure may cost you hundreds of thousands of dollars in disclosure costs alone, not to mention the reputational and other costs associated with this compelled speech. To make matters worse, the government-ordered speech does little in and of itself to make consumers safer or better protected against hackers.

[...] The data breach disclosure laws are clearly government-compelled speech. The government has a good reason for wanting companies to make such disclosures, but such reasons may not be "compelling" and the disclosure may not be the least intrusive means of achieving the government's objectives. Under the EU's GDPR regulations, the disclosure is made to the government privacy entity, and only where that entity believes it necessary is a public disclosure made.

In essence, the Supreme Court has found a right of commercial entities not to be required to make notifications and disclosures because they have a first amendment right not to be forced to do so.

Source: https://securityboulevard.com/2018/07/are-breach-disclosure-laws-unconstitutional-in-the-wake-of-supreme-court-abortion-case/


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  • (Score: 1, Troll) by VLM on Thursday July 05 2018, @03:26PM (44 children)

    by VLM (445) on Thursday July 05 2018, @03:26PM (#703014)

    a right of commercial entities not to be required to make notifications and disclosures because they have a first amendment right not to be forced to do so.

    Now on to the more important topic of does the company have to bake them a cake if they're gay?

    Whos a slave of who for what, makes it on topic.

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  • (Score: 3, Informative) by Anonymous Coward on Thursday July 05 2018, @03:54PM (21 children)

    by Anonymous Coward on Thursday July 05 2018, @03:54PM (#703031)

    Least applicable example brought to us by one of the most rabid right wing nut jobs around here. Disclosing data breaches is slavery? Have you looked into getting a species reassignment to squirrel?

    • (Score: 2) by VLM on Thursday July 05 2018, @04:42PM (11 children)

      by VLM (445) on Thursday July 05 2018, @04:42PM (#703062)

      one of the most rabid right wing nut jobs around here

      I'm happily married, so flattery will get you nowhere.

      I was looking for a funny mod. In 2018 there's only two business regulations to discuss:

      1) Do you have to bake a wedding cake for gay dudes? What if you're not even a baker? I'm a software dev / admin guy I don't even own cake sheet pans or a convection oven. I'm fucked if two gay guys ask my company to bake them a cake.

      2) If a copy of a customers dwarf necro sexting pix is stolen, does the customer have to be told? Given that FB, FBI, google, NSA, CIA, PDQ, the Russians, and Walmart all have semi-legal copies already, I'm not sure who is stealing it?

      I mean, I'm old, so I've read Graham and Dodd and took it seriously LOL, and I know like 50 pages of my states sales tax regulations, and I know all this "General Business" shit that is actually kinda profitable, but all the general public wants to talk about WRT business stuff is gay cakes and stolen data that we pretend in 2018 is still private.

      Its a ridiculous set of topics to focus on, as if the general public thought the curriculum for a PHD in CS was merely playing Angry Birds and shitposting on MySpace really well. Geeze that shit is old everyone moved to 4chan and Fortnite ages ago, LOL.

      • (Score: 0) by Anonymous Coward on Thursday July 05 2018, @04:59PM

        by Anonymous Coward on Thursday July 05 2018, @04:59PM (#703079)

        Whenever there's been a breach of data, all customers EXCEPT VLM will be notified... Any and all information that VLM will ever find or hear about it is 'nothing'...
        See how you like them apples...

      • (Score: 0) by Anonymous Coward on Thursday July 05 2018, @06:03PM (7 children)

        by Anonymous Coward on Thursday July 05 2018, @06:03PM (#703115)

        Privacy is possible, stop pushing the bullshit idea that it isn't.

        • (Score: 3, Insightful) by The Mighty Buzzard on Thursday July 05 2018, @06:15PM (6 children)

          Possible but not possible. It's technically possible but since it would require fundamentally altering human nature it's not practically possible.

          --
          My rights don't end where your fear begins.
          • (Score: 0) by Anonymous Coward on Thursday July 05 2018, @08:29PM (1 child)

            by Anonymous Coward on Thursday July 05 2018, @08:29PM (#703211)

            Someone could peek through your windows, break in and install secret cameras, and yet you probably have a pretty good expectation of privacy when you're in your own home. Seems to work quite well for nearly every human on the planet. No real need to alter human nature, but a real need to create laws for data privacy.

            Ditto murder. Very possible, happens thousands of times a day on the planet, yet pretty much everyone goes about their day with the expectation of not being murdered.

            Got any more shitty wisdom to distill?

            • (Score: 2) by The Mighty Buzzard on Saturday July 07 2018, @07:59PM

              An expectation of privacy != privacy and that is what was claimed. You're never, ever going to have it as long as there is a financial incentive for others to deprive you of it; it's way too damned easy to take it away from you.

              --
              My rights don't end where your fear begins.
          • (Score: 2) by sjames on Thursday July 05 2018, @09:12PM (3 children)

            by sjames (2882) on Thursday July 05 2018, @09:12PM (#703248) Journal

            So crime should be legalized because any other action requires altering funsamental human nature?

            • (Score: 2) by The Mighty Buzzard on Saturday July 07 2018, @08:00PM (2 children)

              No, the expectation of not having this particular kind of fuckwadery should be abandoned though. It's going to happen. By all means, punish it like anything else we abhor as a society but don't go thinking you can ever get rid of it.

              --
              My rights don't end where your fear begins.
              • (Score: 2) by sjames on Saturday July 07 2018, @10:51PM (1 child)

                by sjames (2882) on Saturday July 07 2018, @10:51PM (#703980) Journal

                Let's not let perfection be the enemy of hood. I'm guessing that corporate violation of privacy will go way down if getting caught violating it is expensive enough and likely enough.

      • (Score: 1, Funny) by Anonymous Coward on Saturday July 07 2018, @12:24AM (1 child)

        by Anonymous Coward on Saturday July 07 2018, @12:24AM (#703696)

        I'm fucked if two gay guys...

        What, say all the right things?

    • (Score: 2) by The Mighty Buzzard on Thursday July 05 2018, @04:48PM (8 children)

      Honey, sweety, darlin... I'm not right-wing to anyone but the most extreme leftists but I get called that a lot and I absolutely think this falls under fraud even if you feel an absolute need to give corporations rights like human beings, which I do not agree with even a little bit.

      --
      My rights don't end where your fear begins.
      • (Score: 3, Interesting) by aristarchus on Thursday July 05 2018, @08:29PM (4 children)

        by aristarchus (2645) on Thursday July 05 2018, @08:29PM (#703210) Journal

        I'm not right-wing to anyone but the most extreme leftists but I get called that a lot

        Why is that, do you think?

        • (Score: 0) by Anonymous Coward on Friday July 06 2018, @07:25AM (2 children)

          by Anonymous Coward on Friday July 06 2018, @07:25AM (#703415)

          Logically following what you quoted - and asked about - the answer has to be that there is a lot of extreme leftists.

          (And as long as that's from the US point of view, it shouldn't be an insult to anybody. Most Europeans would be considered extreme leftists by US Americans. Just like we consider the US parties to be the extreme right and the religious right).

          • (Score: 2) by aristarchus on Friday July 06 2018, @08:55AM (1 child)

            by aristarchus (2645) on Friday July 06 2018, @08:55AM (#703427) Journal

            Either that, or TMB is just really a Ron Paul type of libertarian; you know, racist, sexist, egotistical, and not very well educated. Kind of a "Texan", or darn close to one.

            • (Score: 3, Touché) by The Mighty Buzzard on Saturday July 07 2018, @08:07PM

              Kind of a "Texan", or darn close to one.

              Just so you know, I'm pretty sure there's case law in Oklahoma considering those "fightin words" during the run up to the OU Sooners stomping the shit out of the UT Longhorns. There had to be. They can't afford to house that many inmates in the state.

              --
              My rights don't end where your fear begins.
        • (Score: 0) by Anonymous Coward on Wednesday July 11 2018, @11:31AM

          by Anonymous Coward on Wednesday July 11 2018, @11:31AM (#705674)

          Why is that, do you think?

          No, obviously he's not.

      • (Score: 0) by Anonymous Coward on Thursday July 05 2018, @08:31PM

        by Anonymous Coward on Thursday July 05 2018, @08:31PM (#703213)

        Sooo VLM is your alt account and you've been lying for years? Or did "MrPlow" submit the story for you and you just totally glossed over that I was replying to VLM?

        Either way time to sober up!

      • (Score: 1, Informative) by Anonymous Coward on Thursday July 05 2018, @08:44PM (1 child)

        by Anonymous Coward on Thursday July 05 2018, @08:44PM (#703222)

        I'm not right-wing to anyone but the most extreme leftists but I get called that a lot

        Well maybe if you get called that a lot its cause you actually are and your sense of reality is off kilter.

        If the shoe fits wear it sugar plum.

        • (Score: 2) by The Mighty Buzzard on Saturday July 07 2018, @08:12PM

          Or maybe our current left wing is so extremist that they have no fucking clue what a centrist even looks like. Not that I'm a centrist. I'm a liberal. It's not my fault if most of the left chose to abandon values like individual liberty and equal protection under the law.

          --
          My rights don't end where your fear begins.
  • (Score: 2) by DeathMonkey on Thursday July 05 2018, @03:54PM (6 children)

    by DeathMonkey (1380) on Thursday July 05 2018, @03:54PM (#703032) Journal

    Now on to the more important topic of does the company have to bake them a cake if they're gay?

    Or, more-on-topic, if they discover a bunch of lead in a cake they sell you are they required to warn you about the brain damage it might cause?

    • (Score: 5, Funny) by DannyB on Thursday July 05 2018, @04:18PM (5 children)

      by DannyB (5839) Subscriber Badge on Thursday July 05 2018, @04:18PM (#703046) Journal

      Teach the controversy! Brain Damage is a matter of perspective. People say that to give lead a bad reputation. What lead does is Brain Enhancement according to our panel of experts in favor of not regulating lead. Government regulation is always bad.

      --
      To transfer files: right-click on file, pick Copy. Unplug mouse, plug mouse into other computer. Right-click, paste.
      • (Score: 2) by The Mighty Buzzard on Thursday July 05 2018, @04:49PM (4 children)

        Brain damage is a social construct you racist, *phobe Literally Hitler!

        --
        My rights don't end where your fear begins.
        • (Score: 4, Funny) by DannyB on Thursday July 05 2018, @05:02PM (3 children)

          by DannyB (5839) Subscriber Badge on Thursday July 05 2018, @05:02PM (#703084) Journal

          Well at least it's not a violently imposed contract.

          --
          To transfer files: right-click on file, pick Copy. Unplug mouse, plug mouse into other computer. Right-click, paste.
          • (Score: 2) by The Mighty Buzzard on Thursday July 05 2018, @05:08PM (2 children)

            Did you know you can eliminate all your worries about those with a HOSTS file?

            --
            My rights don't end where your fear begins.
            • (Score: 0) by Anonymous Coward on Thursday July 05 2018, @11:10PM (1 child)

              by Anonymous Coward on Thursday July 05 2018, @11:10PM (#703293)

              I got pulled over but when I pulled out my laptop to show the cop that I disallowed access to all law enforcement agencies she just laughed and gave me a ticket. Of course I had to do the drunk tests first, techies are so misunderstood!

  • (Score: 2) by DannyB on Thursday July 05 2018, @03:56PM (2 children)

    by DannyB (5839) Subscriber Badge on Thursday July 05 2018, @03:56PM (#703034) Journal

    Truth in advertising should require that if they won't bake a cake for gay people that they should be allowed to publicly and loudly declare in the media that they serve Everyone!

    --
    To transfer files: right-click on file, pick Copy. Unplug mouse, plug mouse into other computer. Right-click, paste.
    • (Score: 0) by Anonymous Coward on Thursday July 05 2018, @04:24PM (1 child)

      by Anonymous Coward on Thursday July 05 2018, @04:24PM (#703048)

      Proofread

      • (Score: 2) by DannyB on Thursday July 05 2018, @04:34PM

        by DannyB (5839) Subscriber Badge on Thursday July 05 2018, @04:34PM (#703057) Journal

        I think it says exactly what I meant.

        At present, it would seem that truth in advertising would not let you say you serve everyone, if, in fact, you do not.

        Yet the famous cake bakers did not serve everyone, but after being upheld by SCOTUS, said to the press that they served everyone.

        Of course, a statement to the press is not an advertisement.

        --
        To transfer files: right-click on file, pick Copy. Unplug mouse, plug mouse into other computer. Right-click, paste.
  • (Score: 2) by sjames on Thursday July 05 2018, @04:26PM (10 children)

    by sjames (2882) on Thursday July 05 2018, @04:26PM (#703049) Journal

    Not exactly slavery since they do get to charge the same price they charge anyone else for the same service. Boo Hoo, they can't refuse to bake the cake if the couple want a black bride and groom on top either.

    The horror, a bakery that does wedding cakes might have to make a wedding cake at full price.

    • (Score: 2) by The Mighty Buzzard on Thursday July 05 2018, @05:00PM (9 children)

      Erm... Didn't SCOTUS just rule that they could in fact refuse to create a custom cake for gay folks?

      See, I'm in favor of that ruling but not for the reasons LWNJs would think. I believe it's our absolute right as Americans to be dipshit assholes if we so desire and I also believe I could start up a bakery next door that did serve gay folks and take enough of their business that they closed up shop and left me with all of the business.

      Capitalism solves discrimination if the vast majority of the population are not in favor of that type of discrimination. People say "what a fucking asshole" and go to the shop next door. Personally, I'd make a giant, pecker-shaped cake and mix their spooge into the icing if they paid me to. Seems like people have been saying similar things about Trump's priorities when money is involved as well, now that I think about it. You know, "would sell his own mother" and the like.

      --
      My rights don't end where your fear begins.
      • (Score: 0) by Anonymous Coward on Thursday July 05 2018, @06:09PM (4 children)

        by Anonymous Coward on Thursday July 05 2018, @06:09PM (#703120)

        Capitalism solves discrimination if the vast majority of the population are not in favor of that type of discrimination.

        That vast majority of the US dislikes Walmart, but their availability and low prices keep people shopping there. They may not like the store, but bottom line is most people can't really afford going to the other options. Most people are also not aware of every little abuse a company makes, so unless it blows up on social media then a business could discriminate and 99% of their customers would not be any wiser.

        Thus why we have legislation to prevent discrimination of various types. Capitalism has resulted in a lot of abuses and the magic market fairy is about as real as the tooth fairy. Markets are 95% driven by pricing and decent products/results. If those 2 criteria are met then social outrage will hardly make a dent.

        • (Score: 2) by The Mighty Buzzard on Thursday July 05 2018, @06:21PM (3 children)

          That vast majority of the US dislikes Walmart

          What bullshit Berkeley echo chamber did you get this nonsense from? Pro-tip: if they like some aspects of Wal-Mart well enough to override the aspects they dislike and get them to shop there, it means they like Wal-Mart. That's how liking something always works. Even bacon has its downsides (grease splatter; ouch).

          As for your economics thesis there, it makes me glad I made unicode work so I can sum up my feelings on it with this glyph: 💩

          --
          My rights don't end where your fear begins.
          • (Score: -1, Flamebait) by Anonymous Coward on Thursday July 05 2018, @08:34PM

            by Anonymous Coward on Thursday July 05 2018, @08:34PM (#703216)

            Oh hey Scarecrow when did you learn to type?

          • (Score: 2) by tangomargarine on Thursday July 05 2018, @09:10PM (1 child)

            by tangomargarine (667) on Thursday July 05 2018, @09:10PM (#703247)

            Pro-tip: if they like some aspects of Wal-Mart well enough to override the aspects they dislike and get them to shop there, it means they like Wal-Mart.

            I mean...couldn't you use this same argument to say that heroin addicts really, really like being addicted to heroin?

            Or people with weak willpower just like more things

            --
            "Is that really true?" "I just spent the last hour telling you to think for yourself! Didn't you hear anything I said?"
            • (Score: 2) by AthanasiusKircher on Thursday July 05 2018, @11:29PM

              by AthanasiusKircher (5291) on Thursday July 05 2018, @11:29PM (#703297) Journal

              I mean...couldn't you use this same argument to say that heroin addicts really, really like being addicted to heroin?

              No.

              But you could certainly say that heroin addicts really, really like heroin, which is frequently true. That would actually be the same argument as used here.

      • (Score: 1, Informative) by Anonymous Coward on Thursday July 05 2018, @09:03PM (1 child)

        by Anonymous Coward on Thursday July 05 2018, @09:03PM (#703239)

        Erm... Didn't SCOTUS just rule that they could in fact refuse to create a custom cake for gay folks?

        Not quite, though it was heralded as such, but the ruling was much more limited. Basically, they said that the state was over-zealous in enforcing the law on this guy, not that the law was unconstitutional. This one guy gets off with a warning, but the law itself wasn't struck down.

      • (Score: 1, Interesting) by Anonymous Coward on Friday July 06 2018, @07:34AM (1 child)

        by Anonymous Coward on Friday July 06 2018, @07:34AM (#703416)

        Capitalism solves discrimination if the vast majority of the population are not in favor of that type of discrimination.

        So, capitalism solves discrimination when discrimination has already been mostly solved. Got it.

        When the vast majority are not in favor of the discrimination, the ones that are will usually be old people who aren't working anyway, and the remaining problem will be solved once they die.

  • (Score: 2, Troll) by realDonaldTrump on Thursday July 05 2018, @08:45PM

    by realDonaldTrump (6614) on Thursday July 05 2018, @08:45PM (#703223) Homepage Journal

    The gay wedding cake, important SC case. Good ruling, not great. Same thing with the case of the florist that didn't want to sell to the gays. Arlene's Flowers.