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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: 2) by sjames on Thursday July 05 2018, @04:31PM (9 children)

    by sjames (2882) on Thursday July 05 2018, @04:31PM (#703054) Journal

    What's with these crazy socialists who think they can tell me I'm not allowed to advertise my sugar frosted lead shot as part of a balanced breakfast!

    Starting Score:    1  point
    Karma-Bonus Modifier   +1  

    Total Score:   2  
  • (Score: 2) by The Mighty Buzzard on Thursday July 05 2018, @06:32PM (6 children)

    Dude, I dunno what planet you've been living on but truth and socialism are not historical bedfellows. Besides which, socialism didn't even exist as a defined thing when we capitalists wrote our anti-fraud laws.

    --
    My rights don't end where your fear begins.
    • (Score: 2) by sjames on Saturday July 07 2018, @12:48PM (5 children)

      by sjames (2882) on Saturday July 07 2018, @12:48PM (#703787) Journal

      Have you SEEN advertising? Truth and capitalists don't seem to be well acquainted either. But one thing that is a constant if you tell a capitalist that they need to have at least a tiny grain of truth in advertising is they will call you a socialist.

      • (Score: 2) by The Mighty Buzzard on Saturday July 07 2018, @08:38PM (4 children)

        Ah, I see. You seem to believe buying laws, lawmakers, and bureaucrats is a capitalism thing. You really should visit a socialist nation sometime. It's not just something that happens but is frowned upon there, it's so standardized that people will look at you like an idiot if you go in with the idea that it should be any other way.

        But by all means, keep your rainbows and unicorns vision of socialist utopia where all our needs are fulfilled by free energy and energymatter conversion. It's not and never will be real but if that's what you need to get you through the day then I won't shout you down.

        --
        My rights don't end where your fear begins.
        • (Score: 2) by sjames on Saturday July 07 2018, @10:40PM (3 children)

          by sjames (2882) on Saturday July 07 2018, @10:40PM (#703977) Journal

          So any criticism of capitalism, even a parody of capitalists who think any regulation no matter how reasonable is automatically hard core Soviat Socialism makes me a hard core Societ Socialist?

          Got it!

          Enjoy your sugar frosted lead shot, part of a balanced breakfast!

  • (Score: 2) by DannyB on Thursday July 05 2018, @07:47PM (1 child)

    by DannyB (5839) Subscriber Badge on Thursday July 05 2018, @07:47PM (#703180) Journal

    I'm not allowed to advertise my sugar frosted lead shot as part of a balanced breakfast!

    No need to use lead. Use sugar. It's the American Way.

    Introducing new Sugaroooos!

    These delicious sugar frosted flecks of 100% pure sugar are glazed with a light coat of sugar and then covered in the golden goodness of glucose! Fortified with 12 essential sweeteners! If you eat Sugaroooos! you'll grow up to be big -- very big! We guarantee it!

    So whine until your mom buys you new Sugaroooos! today!

    --
    The lower I set my standards the more accomplishments I have.