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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: 5, Funny) by Anonymous Coward on Thursday July 05 2018, @04:59PM (8 children)

    by Anonymous Coward on Thursday July 05 2018, @04:59PM (#703078)

    "This post is known by the State of California to cause cancer."

    That's an example of something that can be required yet is utterly ineffective in the marketplace and appears to serves no useful non-comedic purpose, yet can be funny or interesting to debate.

    "This product may contain nuts" is a very useful label for anyone who is allergic to nuts.

    "This post is by VLM" is another very useful label for anyone who is allergic to nuts.

    Starting Score:    0  points
    Moderation   +5  
       Insightful=1, Funny=4, Total=5
    Extra 'Funny' Modifier   0  

    Total Score:   5  
  • (Score: 2) by The Mighty Buzzard on Thursday July 05 2018, @05:05PM (7 children)

    "This product may contain nuts" is a very useful label for anyone who is allergic to nuts.

    I need to get that embroidered on the fly of all my jeans.

    --
    My rights don't end where your fear begins.
    • (Score: 0) by Anonymous Coward on Thursday July 05 2018, @05:08PM (5 children)

      by Anonymous Coward on Thursday July 05 2018, @05:08PM (#703092)

      Be sure to remove your jeans before they begin the embroidery process.

      • (Score: 2) by The Mighty Buzzard on Thursday July 05 2018, @06:27PM (4 children)

        And miss out on the chance for a free tattoo?

        --
        My rights don't end where your fear begins.
        • (Score: -1, Flamebait) by Anonymous Coward on Thursday July 05 2018, @08:39PM (3 children)

          by Anonymous Coward on Thursday July 05 2018, @08:39PM (#703219)

          I don't think getting stabbed dozens of times with a sewing needle counts as a tattoo. You're getting crazier every day.

          • (Score: 0) by Anonymous Coward on Thursday July 05 2018, @09:06PM (2 children)

            by Anonymous Coward on Thursday July 05 2018, @09:06PM (#703241)

            it's called a joke, you twat

            • (Score: 0) by Anonymous Coward on Thursday July 05 2018, @11:12PM (1 child)

              by Anonymous Coward on Thursday July 05 2018, @11:12PM (#703294)

              Back atcha dumbass. My joke just made The Massive Buzzard the butt.

    • (Score: 2) by MostCynical on Thursday July 05 2018, @09:09PM

      by MostCynical (2589) on Thursday July 05 2018, @09:09PM (#703244) Journal

      A guy goes to the psychiatrist wearing nothing but clear plastic wrap.

      The psychiatrist says, "Well, I can clearly see you're nuts."

      --
      "I guess once you start doubting, there's no end to it." -Batou, Ghost in the Shell: Stand Alone Complex