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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.
(Score: 3, Informative) by Anonymous Coward on Thursday July 05 2018, @03:54PM (21 children)
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)
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
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)
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)
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)
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)
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: 2) by The Mighty Buzzard on Sunday July 08 2018, @03:14AM
Zactly. Just because you can't beat something doesn't mean you shouldn't fight it; it just means you're not going to win.
My rights don't end where your fear begins.
(Score: 1, Funny) by Anonymous Coward on Saturday July 07 2018, @12:24AM (1 child)
What, say all the right things?
(Score: 2) by The Mighty Buzzard on Saturday July 07 2018, @08:01PM
Buy him one more Zima.
My rights don't end where your fear begins.
(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)
Why is that, do you think?
(Score: 0) by Anonymous Coward on Friday July 06 2018, @07:25AM (2 children)
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)
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
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
No, obviously he's not.
(Score: 0) by Anonymous Coward on Thursday July 05 2018, @08:31PM
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)
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.