Re:Facebook to change user terms, limiting effect of EU priv...
by trampypizza on Thursday April 19, 2018 @11:23AM
(#16876653)
I agree with you, I think your point is in a similar vein to my comment about the extraterritorial nature of the law. It's great whilst we have people in charge who we might agree with, but where are the protections if you do not agree or if the circumstances change. I can envisage the legislation, being interpreted in the strictest fashion, being used against organisations for political or other motives. Do we have adequate protections against this in the legislation?
Re:Facebook to change user terms, limiting effect of EU priv...
by chopin on Thursday April 19, 2018 @11:48AM
(#16876875)
Almost all criminal law I know of has a clause "...up to x years/month". We are pretty fine with this since decades. Why should this be different?
Re:Facebook to change user terms, limiting effect of EU priv...
by zdragnar on Thursday April 19, 2018 @12:41PM
(#16877392)
That is reflective of the nature of the crime, and history of the criminality of the accused, not their intrinsic characteristics, such as being small businesses or large businesses.
Depending on the nature of the violation, it may also reflect the scope of the violation, such as fraud. This is a scenario where, again, the size of the business, or the risk of the business going under, is not taken into account.
If we really want two separate punishments for the same crime- one for small businesses and one for large businesses, because we don't intend on putting anyone out of business- then that should be a codified part of the punishment.
That's a problem, imho. We cannot rely on good intentions when it comes to the interpretation and enforcement of the law. Anyone who's gotten caught up in the quagmire of legal bureaucracy understands that.
The law is the law, and will outlast the good intentions of the authors or people currently in charge. If the law, as written, was not intended to be as such, then it should be amended.