News for hackers. Stuff that matters.
Re:Uber concedes deception, prepares for $26M ACCC spanking by KingMob on Wednesday April 27, 2022 @03:17AM (#31177188)
What's the point of a legal system if it can't deter lawbreaking? Fines should scale the way they do in Scandinavia. Baristas and doctors can both get speeding tickets, but they pay it as a fraction of their income, to ensure it acts as a deterrent.
Re:Uber concedes deception, prepares for $26M ACCC spanking by dragonwriter on Wednesday April 27, 2022 @03:30AM (#31177283)
> What’s the point of a legal system if it can’t deter lawbreaking?

To reinforce social heirarchy, protect elites, and subjugate the proles.

Re:Uber concedes deception, prepares for $26M ACCC spanking by daniel-cussen on Wednesday April 27, 2022 @04:25AM (#31177639)
Course, the thing is in America there is in many ways no true proletariate. It isn't the same. Pay cut after firing after pay cut after saying "take any job, any job" after firing--all that--just means they don't have children. It's not like in other places or eras where capitalistic oppression would bring forth great numbers of workerlings.
Re:Uber concedes deception, prepares for $26M ACCC spanking by masklinn on Wednesday April 27, 2022 @04:59AM (#31177833)
That’s not “not having a proletariat”. The proletariat is a state of being.

It’s a (wilfully and very successfully engineered) absence of class consciousness.

Re:Uber concedes deception, prepares for $26M ACCC spanking by CuriousSkeptic on Wednesday April 27, 2022 @04:00PM (#31184997)
Perhaps the word missing here is “precariat”?

https://en.m.wikipedia.org/wiki/Precariat

Re:Uber concedes deception, prepares for $26M ACCC spanking by daniel-cussen on Wednesday April 27, 2022 @06:50PM (#31186810)
I like that word because it illustrates America better. You're always on the edge of multiple cliffs:

the deportation cliff;

the prison cliff;

the insurance doesn't pay the doctor the half million they extort cliff;

the no financial aid cliff;

the debt cliffs (more like a mountain range unto themselves);

the you're fired or unemployment on your resume or bad resume cliff;

the addiction cliff;

the fertility (especially for women) cliff;

the sickly child cliff;

the disability cliff;

the homelessness or lose your house or get evicted[1] cliff;

And my personal favorite: the lobotomy cliff. It's the beautiflest as seen from below!

There's others I'm sure. Lots of cliffs to go around! Everybody gets lots of cliffs! No parachutes though, but if you're looking for a good time you can ride a motorcycle off them!

[1] So this one is...it's weird. I talked to a homeless kid (over 18 yeah but still a kid) and asked him, "so what do I do if I end up on the street? What strategies..."

"Just don't end up on the street."

"But if I DO end up on the street then what I do is I..."

"No. The street is cruel. You wake up with people spitting on you, or pissing on you, depends on the night. You for one, you specifically would get gutted and murdered by the guy you pissed off the other time who threatened to do just that. Just do whatever the FUCK you have to do WHATEVER ANYBODY ASKS to not end up homeless."

That's what I call a cliff.

Re:Uber concedes deception, prepares for $26M ACCC spanking by heavenlyblue on Wednesday April 27, 2022 @06:59AM (#31178454)
> just means they don't have children

[citation needed]

Re:Uber concedes deception, prepares for $26M ACCC spanking by pempem on Wednesday April 27, 2022 @01:25PM (#31182987)
This is a topic near and dear to me:

the problem:

2022: https://www.bakerinstitute.org/media/files/files/3fb2c64b/bi...

1. U.S. population growth has been slowing for years, and in 2021, the population grew only by 392,665—or 0.1%, which is the lowest rate since the nation’s founding. 2. The U.S. will be older and more diverse but also unable to meet the workforce demands of a dynamic and competitive economy.

one of a few sources:

https://www.census.gov/library/stories/2021/12/no-kids-no-ca...

3. Of the 92.2 million adults ages 55 and older in 2018, 15.2 million (16.5%) are childless, defined here as having no biological children...childlessness is more common among the younger cohort of older adults. This suggests that childless adults will make up an even greater share of the older adult population in the future.

https://www.nytimes.com/2021/06/16/us/declining-birthrate-mo...

4. In more than two dozen interviews with young women in Phoenix and Denver, some said they felt they could not afford a baby.

Re:Uber concedes deception, prepares for $26M ACCC spanking by nl on Wednesday April 27, 2022 @04:41AM (#31177703)
In Australia, for this particular crime the ACCC can impose:

> For corporations, will be the greater of:

    $10,000,000
    3 times the value of the benefit received, or
    10% of annual turnover in preceding 12 months, if court cannot determine benefit obtained from the offence.[1]
$26M is a significant penalty for the Australian arm of Uber.

[1] https://www.accc.gov.au/business/business-rights-protections...

Re:Uber concedes deception, prepares for $26M ACCC spanking by toshk on Wednesday April 27, 2022 @04:43AM (#31177716)
In the Netherlands we had a fine given to the Dutch Tax office for a huge scandal, which is even more ironic.

In politics, and maybe corporates, there has to be a line that at some point also personal charges can be made, or persons can be held responsible in some way or another.

These huge organizational structures have all been created to defer personal responsibility, which is good to an extent, but it got a little bit out of hand.

Re:Uber concedes deception, prepares for $26M ACCC spanking by belter on Wednesday April 27, 2022 @10:04AM (#31180031)
In the particular case that you mentioned, the details of the scandal are so horrifying, that as you stated, the fact it only come to a fine is an example of the lack justice not the presence of any proper governance or personal liability on the part of the individuals making these decisions...

From the racist criteria, used for years to identify and bankrupt innocent Dutch nationals. The destruction of documents by government officials, or the taking of children from families of innocent victims of said Tax office. To finally the reelection of the same prime minister that oversaw all for 6 years and lied to parliament about it...

"Scandals tarnish Dutch reputation for clean government": https://www.ft.com/content/9996a65e-0996-4a08-aa65-041be685d...

"Over 1,100 children taken from homes of benefits scandal victims": https://nltimes.nl/2021/10/19/1100-children-taken-homes-bene...

"The Dutch government has been rocked by scandal. Why does its leader remain untainted?": https://theloop.ecpr.eu/the-dutch-government-has-been-rocked...

Re:Uber concedes deception, prepares for $26M ACCC spanking by oh_sigh on Wednesday April 27, 2022 @01:58PM (#31183468)
Fractional fines are perhaps better than flat-fee fines for law breaking without a clearly assignable dollar value, but still face the problem of log-ish utility of money. A person living paycheck to paycheck will be extremely burdened by any kind of fine, whereas a richer individual is much less likely to be, and even if they are - have more ability to make downward lifestyle adjustments to absorb the burden of the fine.

To put it another way, it is more painful to lose $250 when you're making $25,000, versus losing $3,000 when you're making $300,000.

Re:Uber concedes deception, prepares for $26M ACCC spanking by tapland on Wednesday April 27, 2022 @03:37AM (#31177336)
I wish it scaled in Sweden. It's a flat 4000 SEK here, regardless of income.
Re:Uber concedes deception, prepares for $26M ACCC spanking by GlassKingdom on Wednesday April 27, 2022 @05:42AM (#31178060)
Everything people say about Sweden on the Internet is wrong. It should be called “Sven’s Law” or something.
Re:Uber concedes deception, prepares for $26M ACCC spanking by boringg on Wednesday April 27, 2022 @09:13AM (#31179423)
I hear that health care is free, it's always summer, the people are beautiful and there are no problems whatsoever in Sweden. Can you confirm?
Re:Uber concedes deception, prepares for $26M ACCC spanking by silicon2401 on Wednesday April 27, 2022 @10:07AM (#31180070)
Having been to Sweden, I can confirm

> it's always summer,

is false. I went in winter and it was dark by 3pm. I love the cold and dark, so it was awesome for me

> the people are beautiful

is true. I was constantly stupefied by how attractive people are there. Also, I'm a 184cm male, and every single day I saw multiple women taller than me, just going about town. Not like I was at a basketball training center or something.

Re:Uber concedes deception, prepares for $26M ACCC spanking by oh_sigh on Wednesday April 27, 2022 @02:06PM (#31183586)
I hear this a lot and I just don't understand. People in Stockholm seem about as attractive to me as the people I see in the US in NYC. I sometimes think it is just a blonde-fetish or something.

I guess you were walking around a city and had to see thousands of people to see multiple women taller than you? The average female adult height in Sweden is still only 165cm, with > 95% of women being less than 178cm. I'd imagine 99+% of Swedish women are < 184cm.

Re:Uber concedes deception, prepares for $26M ACCC spanking by indigochill on Wednesday April 27, 2022 @02:28PM (#31183863)
> People in Stockholm seem about as attractive to me as the people I see in the US in NYC.

I live elsewhere in Scandinavia and although I sometimes have a feeling the people are more attractive here than in the states as a general rule, I think it's actually that I have a preference for the local fashion. I tend to like Pacific Northwest fashion as well, and there are some similarities.

However, people in Scandinavia also generally walk a lot more than their US counterparts (since European cities are built for walking and American cities are generally not) so I find it plausible that they're more fit on average. I don't know if NYC is unusually walkable for an American city.

Re:Uber concedes deception, prepares for $26M ACCC spanking by ep103 on Wednesday April 27, 2022 @02:31PM (#31183900)
Generally in the more left-leaning European countries, there is a greater emphasis put on personal health, dress, and presentation. You can see it just walking down main city streets, while ever city has more and less fashionable areas, the average for self-manicurement seems to be higher in urban left/western Europe than in corresponding US cities.

Additionally, the more left-aligned European states also have a few other factors going for them. With stronger welfare states comes less homeless, and obviously impoverished people (on average) that you will see in public than say, on the streets of New York City. On the opposite side of the spectrum, people on average, simply appear to be healthier in such cities than one finds in the USA, and this is reflected in statistics like average national height.

Going further, most European cities (not all) tend to take some form of civic pride in the design and caretaking of their cities, while equivalent US cities stress some form of architectural individualism, which has its advantages, but means you are more likely to see random pieces of squalor or ugliness even in nice areas.

You put all of these things together, and one of the things people visiting Europe from the US find, is a feeling that wow: "These people are dressed more nicely than I'm used to, look healthier/taller than I'm used to, are living in nicer settings than I'm used to."

You hear it more about Sweeden (which I cannot attest to, having never been), but yeah, it lines up with the above.

This isn't to say there aren't advantages to the US system, but that's a different topic : )

Re:Uber concedes deception, prepares for $26M ACCC spanking by twelve40 on Wednesday April 27, 2022 @08:28PM (#31187472)
had to look up some numbers and at least the "look healthier" part seems to check out:

Obesity: Sweden 20.60% United States 36.20%

Life expectancy: Sweden 83.33 United States 79.11

for developed countries, that's a huge difference!

Re:Uber concedes deception, prepares for $26M ACCC spanking by silicon2401 on Thursday April 28, 2022 @10:49AM (#31193143)
> I hear this a lot and I just don't understand. People in Stockholm seem about as attractive to me as the people I see in the US in NYC.

It's my subjective opinion. I've been to NYC multiple times and found the people totally average, same as Munich, LA, Miami, Seoul, etc.

> I guess you were walking around a city and had to see thousands of people to see multiple women taller than you?

Yes I was in a city. But again, not in LA, nor NYC, nor Seoul, nor Munich did I see that many women taller than me in as short a time

edit: another commenter made a good example, which is weight. I barely saw overweight people in Sweden. I find being overweight extremely unattractive, so that plays into my subjective view of the Swedes I saw as more attractive in general

Re:Uber concedes deception, prepares for $26M ACCC spanking by foobar1962 on Wednesday April 27, 2022 @08:51AM (#31179225)
The law should have a name that sounds Swedish, at least to people outside Sweden, but actually isn't.
Re:Uber concedes deception, prepares for $26M ACCC spanking by mikestew on Wednesday April 27, 2022 @01:15PM (#31182815)
Seems to me that a Swiss name would be most appropriate.
Re:Uber concedes deception, prepares for $26M ACCC spanking by core-utility on Wednesday April 27, 2022 @10:06AM (#31180052)
There is actually a law in Sweden that says the rest of the world is always wrong about it. /s
Re:Uber concedes deception, prepares for $26M ACCC spanking by jeltz on Wednesday April 27, 2022 @03:46AM (#31177399)
It scales in Finland though which is probably what parent was thinking of. And we do have scaling fines here in Sweden, just not for minor traffic offences. I think we should change all normal fines to scaling fines (dagsböter).
Re:Uber concedes deception, prepares for $26M ACCC spanking by tapland on Wednesday April 27, 2022 @04:13AM (#31177565)
Yeah. Fines here (static) can be broken out of convenience for the wealthy (see new SUVs parked illegally on small streets in central Stockholm).

It feels like breaking traffic regulations should maybe be considered crimes with dagsböter (income based penalty).

Re:Uber concedes deception, prepares for $26M ACCC spanking by taotau on Wednesday April 27, 2022 @04:19AM (#31177593)
How is it calculated for non residents. How much would Elon pay if he were caught speeding in Finland?
Re:Uber concedes deception, prepares for $26M ACCC spanking by nikonyrh on Sunday May 01, 2022 @08:02AM (#31224320)
In general as a percentage of the last year's income. "In 2002, a Nokia executive was fined the equivalent of $103,000 for going 45 in a 30 zone on his motorcycle."

Elon's fine could easily be 10x that but maybe not 100x. I don't know his finances and I'm not sure how capital gains are included.

Re:Uber concedes deception, prepares for $26M ACCC spanking by loopbit on Wednesday April 27, 2022 @03:45AM (#31177390)
OP was probably thinking of Finland.
Re:Uber concedes deception, prepares for $26M ACCC spanking by 1123581321 on Wednesday April 27, 2022 @02:50PM (#31184171)
You have the law in both Aus and Scandinavia wrong, but that’s been covered.

There are a few reasons not to make fines scale overly aggressively, from the perspective of a western government. They feel capricious and encourage expatriation, they punish (potentially hundreds or thousands of) innocent employees who want financial security, and they incentivize worse behavior. This last principle is counterintuitive but has been repeatedly discovered over the last thousands of years. An immoral person is incentivized to behave by a reasonable grade of punishments and will risk the worst behavior of all punishments are equally deadly or above a certain threshold.

Hopefully that answers your question; this is just an explanation.

Re:Uber concedes deception, prepares for $26M ACCC spanking by sharpneli on Wednesday April 27, 2022 @03:02PM (#31184333)
Ok Finland is not in scandinavia but we’re all nordic countries and it works roughly the same.

We have fully scaling fine. The concept is päiväsakko (literally day fine) that’s determined linearly by your net monthly income. Cops give you X dayfines.

In code terms the formula is max(6, (net_monthly_income - 255)/60));

That means there is regularly some person in newspapers whining about their 30000€ speeding ticket (iirc the highest was 100k€ in 2004). In reality that’s just an acceptable way to brag how much you’re making.

Re:Uber concedes deception, prepares for $26M ACCC spanking by CamperBob2 on Wednesday April 27, 2022 @03:15PM (#31184485)
Also incentivizes unreasonably-low speed limits, which are not the net positive for road safety that many people think.
Re:Uber concedes deception, prepares for $26M ACCC spanking by urthor on Wednesday April 27, 2022 @03:38AM (#31177347)
The Australian legal system has zero concept of punitive damages.

You can only have repertory (recuperative) damages.

There are no "monetary payments to deter future crime" in Australian civil law.

Digest that one for a second.

Re:Uber concedes deception, prepares for $26M ACCC spanking by chottocharaii on Wednesday April 27, 2022 @06:37AM (#31178322)
This is complete nonsense. You’re clearly not an Australian lawyer.

Deterrence is regularly a factor in civil infringement cases brought by regulators.

In other civil lawsuits, ordinarily damages are strictly ‘compensatory’. However, ‘exemplary’ damages also exist in some circumstances; and functionally identical to punitive damages.

https://legalvision.com.au/what-are-exemplary-damages/

Re:Uber concedes deception, prepares for $26M ACCC spanking by nl on Wednesday April 27, 2022 @04:39AM (#31177697)
This is misleading.

In Australia, criminal behaviour can incur fines[1]:

> Fines are monetary fines (criminal penalty) imposed by courts in criminal proceedings. Criminal standard of proof is required.

The ACCC has pretty significant ability to impose penalties:

> The maximum penalties per breach of the ACL [..] maximum penalties for breaches [..] will be the greater of: $10,000,000; or If Court can determine "reasonably attributable" benefit obtained, 3 times that value, or if Court cannot determine benefit, 10% of annual turnover in preceding 12 months.

[1] https://www.accc.gov.au/business/business-rights-protections...

Re:Uber concedes deception, prepares for $26M ACCC spanking by urthor on Wednesday April 27, 2022 @05:43AM (#31178065)
https://en.wikipedia.org/wiki/Punitive_damages

Not all fines are punitive damages.

Re:Uber concedes deception, prepares for $26M ACCC spanking by chottocharaii on Wednesday April 27, 2022 @06:38AM (#31178332)
Exemplary damages is the Australian legal term of art for damages that are functionally identical to punitive damages.
Re:Uber concedes deception, prepares for $26M ACCC spanking by urthor on Wednesday April 27, 2022 @08:06AM (#31178873)
Well you have to dumb it down for the Americans.

The nature of the business though is that they're almost never awarded, except maybe for contempt of court?

Certainly not in a significant quantity against a corporation.

Re:Uber concedes deception, prepares for $26M ACCC spanking by nl on Wednesday April 27, 2022 @08:21PM (#31187429)
Commonwealth bank was recently fined $700m

https://www.google.com/amp/s/amp.abc.net.au/article/9831064

Re:Uber concedes deception, prepares for $26M ACCC spanking by chottocharaii on Wednesday April 27, 2022 @08:28AM (#31179047)
it’s different terminology. no need to baselessly insult americans

They are awarded in a certain sets of circumstances. Contempt of court is far from the only example

substantial sums exemplary damages are certainly capable of being awarded against a corporation on the right set of facts

Re:Uber concedes deception, prepares for $26M ACCC spanking by chottocharaii on Wednesday April 27, 2022 @06:39AM (#31178343)
civil infringements can incorporate deterrence as a factor for damages awards also
Re:Uber concedes deception, prepares for $26M ACCC spanking by zensavona on Wednesday April 27, 2022 @03:47AM (#31177403)
Meanwhile nonviolent drug offenders landing in prison 5x'd between 2005-2013 in VIC, AU. Conveniently coinciding with the percentage of prisoners being held in private prisons increased substantially.
Re:Uber concedes deception, prepares for $26M ACCC spanking by nomilk on Wednesday April 27, 2022 @04:27AM (#31177644)
I hadn't realised Australia has private prisons. Seems to have at least 17 (wiki article hasn't been updated in a few years, so could be more): https://en.wikipedia.org/wiki/Category:Private_prisons_in_Au...
Re:Uber concedes deception, prepares for $26M ACCC spanking by chottocharaii on Wednesday April 27, 2022 @06:41AM (#31178355)
The parent comment is incorrect
Re:Uber concedes deception, prepares for $26M ACCC spanking by throwawaylinux on Wednesday April 27, 2022 @03:49AM (#31177411)
> There are no "monetary payments to deter future crime" in Australian civil law.

I might be missing something but it seems like a good idea that a civil court is unable to punish people after deciding it is necessary to encourage them not to break a criminal law in future.

Australia does presumably have punitive fines and other punishments that are for deterrence in criminal punishments?

Re:Uber concedes deception, prepares for $26M ACCC spanking by vkou on Wednesday April 27, 2022 @04:31AM (#31177655)
> I might be missing something but it seems like a good idea that a civil court is unable to punish people after deciding it is necessary to encourage them not to break a criminal law in future.

If I can steal $5 from you, and the worst thing that happens if I get caught is that I have to give the $5 back, what sort of incentive do you think that creates?

Re:Uber concedes deception, prepares for $26M ACCC spanking by throwawaylinux on Wednesday April 27, 2022 @04:47AM (#31177746)
> If I can steal $5 from you, and the worst thing that happens if I get caught is that I have to give the $5 back, what sort of incentive do you think that creates?

Theft is a criminal matter, and there are punitive remedies for crimes.

Re:Uber concedes deception, prepares for $26M ACCC spanking by urthor on Wednesday April 27, 2022 @05:43AM (#31178063)
These are civil, white collar crimes.

It's the same concept. If a corporation commits a civil crime, the maximum in damages it can repay is the amount of damage it caused, give or take interest.

Re:Uber concedes deception, prepares for $26M ACCC spanking by throwawaylinux on Wednesday April 27, 2022 @06:36AM (#31178311)
> These are civil, white collar crimes.

> It's the same concept. If a corporation commits a civil crime, the maximum in damages it can repay is the amount of damage it caused, give or take interest.

It sounds like you're just making that up. I found the agency and the page on the regulation being breached:

https://www.accc.gov.au/business/business-rights-protections...

The maximum penalties per breach of the ACL including unconscionable conduct, making false or misleading representations, and supplying consumer goods or certain services that do not comply with safety standards or which are banned:

For corporations, will be the greater of:

    * $10,000,000*
    * 3 times the value of the benefit received, or
    * 10% of annual turnover in preceding 12 months, if court cannot determine benefit obtained from the offence.
The penalty for this particular "civil crime" (if that is actually what it's called), does not talk about repaying damages at all, and it can be 3 times the value of the benefit.

So what's the basis for what your seemingly contradictory claims?

Re:Uber concedes deception, prepares for $26M ACCC spanking by zaphirplane on Wednesday April 27, 2022 @07:41AM (#31178684)
Err you also win a criminal record, failing background checks and likely a custodial sentence
Re:Uber concedes deception, prepares for $26M ACCC spanking by vkou on Wednesday April 27, 2022 @11:27AM (#31181163)
None of these things can practically happen to a corporation. But maybe you're on to something, here - perhaps they should.
Re:Uber concedes deception, prepares for $26M ACCC spanking by throwawaylinux on Wednesday April 27, 2022 @07:00PM (#31186886)
> None of these things can practically happen to a corporation.

But the corporation didn't break a criminal law like the person in this example.

> But maybe you're on to something, here - perhaps they should.

Directors and executives can absolutely get convicted of crimes relating to their operation and oversight of the company. Whether the laws and investigating agencies have as much power as they should is very debatable but the legal framework is there.

Re:Uber concedes deception, prepares for $26M ACCC spanking by chottocharaii on Wednesday April 27, 2022 @06:39AM (#31178339)
The parent comment is completely incorrect as to their understanding of Australian law.
Re:Uber concedes deception, prepares for $26M ACCC spanking by drevil-v2 on Wednesday April 27, 2022 @06:09AM (#31178188)
That’s misleading. Australia has very strict and regularly enforced laws about “proceeds of crime” which acts as a deterrent against future crime.
Re:Uber concedes deception, prepares for $26M ACCC spanking by chottocharaii on Wednesday April 27, 2022 @06:40AM (#31178345)
Deterrence is a factor in civil infringement contexts also
Re:Uber concedes deception, prepares for $26M ACCC spanking by zaphirplane on Wednesday April 27, 2022 @07:38AM (#31178662)
Is it me ?

There have been a few posts in the last couple of days of people posting inaccurate information with complete confidence

Re:Uber concedes deception, prepares for $26M ACCC spanking by samhw on Wednesday April 27, 2022 @09:07AM (#31179364)
> in the last couple of days

I have some bad news for you

Re:Uber concedes deception, prepares for $26M ACCC spanking by 2rsf on Wednesday April 27, 2022 @04:19AM (#31177599)
The same in Sweden, no punitive damages
Re:Uber concedes deception, prepares for $26M ACCC spanking by chottocharaii on Wednesday April 27, 2022 @06:40AM (#31178352)
It probably exists under a different name; however i’m not confident on the state of swedish civil law.
Re:Uber concedes deception, prepares for $26M ACCC spanking by actionfromafar on Wednesday April 27, 2022 @05:42AM (#31178061)
True but there are fines which can sometimes be substantial especially for companies.
Re:Uber concedes deception, prepares for $26M ACCC spanking by urthor on Wednesday April 27, 2022 @05:45AM (#31178070)
Repertory fines are rarely enough to deter corporations.

They'll simply do the cost/benefit equation on breaking the law.

Only criminal charges against corporate officers and punitive damages promotes change.

Re:Uber concedes deception, prepares for $26M ACCC spanking by moonchrome on Wednesday April 27, 2022 @06:43AM (#31178372)
>Only criminal charges against corporate officers and punitive damages promotes change.

That's a factual statement without any evidence supporting it. There's plenty of punitive damages against drug abuse and do you see any signs of it working ?

Re:Uber concedes deception, prepares for $26M ACCC spanking by urthor on Wednesday April 27, 2022 @07:45AM (#31178718)
Corporations who have board meetings and shareholders have a very, very different response to criminal charges.

Compared to individuals addicted to illegal substances.

Re:Uber concedes deception, prepares for $26M ACCC spanking by moonchrome on Wednesday April 27, 2022 @10:45AM (#31180524)
And you're trying to prevent illegal activity that is discussed in board meetings and communicated to shareholders ?
Re:Uber concedes deception, prepares for $26M ACCC spanking by andrepd on Wednesday April 27, 2022 @06:26AM (#31178265)
>criminal charges against corporate officers

Absolutely. The discussion is centered on fines to companies but the other side is personal punishment of the actual physical people who made the decision to break the law.

Re:Uber concedes deception, prepares for $26M ACCC spanking by xxs on Wednesday April 27, 2022 @05:54AM (#31178113)
>Fines should scale the way they do in Scandinavia. Baristas and doctors can both get speeding tickets,

That's Finland, which is not Scandinavia.

Re:Uber concedes deception, prepares for $26M ACCC spanking by tailspin2019 on Wednesday April 27, 2022 @01:31PM (#31183080)
> That’s Finland, which is not Scandinavia.

Had to look that one up. Doesn’t seem clear cut given that Wikipedia lists Finland as part of the “wider” definition of Scandinavia.

https://en.m.wikipedia.org/wiki/Scandinavia

EDIT: Reading further it looks like the English usage of the word Scandinavia is often used in a broader sense (to include Finland) whereas local usage of the term tends to refer to a more narrow definition.

Interesting. I never knew this difference in definition existed.

Re:Uber concedes deception, prepares for $26M ACCC spanking by 2000UltraDeluxe on Wednesday April 27, 2022 @06:55AM (#31178438)
Denmark, Finland and Sweden have it. Not sure about Iceland and Norway. They also have something similar in Germany IIRC.
Re:Uber concedes deception, prepares for $26M ACCC spanking by hansel_der on Wednesday April 27, 2022 @09:06AM (#31179361)
> They also have something similar in Germany IIRC.

citation needed!

german here, business ppl routinely joke about the fine for illegal parking on public gounds is mostly far less than a few hours at a commercial parkinghouse.

Re:Uber concedes deception, prepares for $26M ACCC spanking by rndgermandude on Wednesday April 27, 2022 @12:19PM (#31181949)
Germany has it, but not for things like parking tickets[0], speeding tickets, etc.

But criminal law (Strafgesetzbuch, StGB) makes extensive use of it. Every time you see the StGB talk about a fine, unless explicitly stated otherwise, it will be a scaled fine based on the daily income of the convicted party (Tagessatz). Courts can estimate the income if need be.

A court may e.g. find that somebody committed minor battery, and issue a fine of 12 Tagessätze. If you make 3000 EUR a month (net), that's 3000EUR/30 = 100 EUR for a Tagessatz, and then 10 Tagessätze is 1200 EUR.

However, it's not fully scaled, as it is capped at 30,000 EUR per Tagessatz. E.g. a football (soccer) player was recently convicted[1] of battery against his former partner, and fined 60 Tagessätze. He makes (or used to make) significantly more than the 30K cap, so "only" would have to pay 1.8M EUR instead of the probably 3-5M EUR he'd have to pay if there was no such cap.

Personally I'd welcome if traffic and many other fines were scaled fines, too. The reason it isn't is probably because fine issuance would not scale itself: too many violations and each violation would then involve a court deciding what the net income of somebody is and therefore what the scaled fine will be. With a flat fine you can avoid involving the courts most of the time (most parking tickets will be uncontested).

[0] The parking violation joke was common, indeed, but not so much anymore, as the fines for parking violations have been drastically increased this year, from 15 EUR to 55 EUR per violation or even 110 EUR if you obstruct traffic, including pedestrian and bicycle traffic. Obstructing traffic also earns you one point in the traffic register now, so even people who still think a ticket is cheaper than paying for a proper parking space will not like it when their license is suspended eventually due to too many parking violations.

[1] The sentence is not final yet. The defendant, the prosecution (state) and the accessory prosecution (victim) each appealed the decision.

Re:Uber concedes deception, prepares for $26M ACCC spanking by belter on Wednesday April 27, 2022 @09:50AM (#31179872)
Parking is an exception. How would you do it? Scan your latest tax report when driving in?

They do it for other stuff:

[1] "Day-fine"

"...A day-fine, day fine, unit fine or structured fine is a unit of fine payment that, above a minimum fine, is based on the offender's daily personal income... "

"...Jurisdictions employing the day-fine include Denmark (Danish: dagbøde), Estonia (Estonian: päevamäär), Finland (Finnish: päiväsakko), France (French: Jour-amende), Germany (German: Tagessatz), Sweden (Swedish: dagsbot), Switzerland, and Macao...."

"The Limits of Fairer Fines: Lessons from Germany" https://www.fairtrials.org/app/uploads/2022/01/Day_Fines_Rep...

[1] https://en.wikipedia.org/wiki/Day-fine#cite_note-1

Re:Uber concedes deception, prepares for $26M ACCC spanking by mavili on Wednesday April 27, 2022 @06:39AM (#31178338)
Also, what is the point of a fine if it doesn't go to the people that the company wronged? Where does this money go? To the corrupt government entities that don't give a shit about the fees consumers have been charged?
Re:Uber concedes deception, prepares for $26M ACCC spanking by mlindner on Wednesday April 27, 2022 @04:46AM (#31177738)
To put a cost on lawbreaking. The legal system is only supposed to disincentivize law breaking. It's not supposed to nor can it completely stop law breaking.
Re:Uber concedes deception, prepares for $26M ACCC spanking by oblio on Wednesday April 27, 2022 @05:24AM (#31177963)
That cost needs to be higher than not breaking the law.

Otherwise, why would a company ever respect the law?

You hire any fresh grad accountant, have them figure out that:

Profit from breaking law > cost of fine

and the company will rationally decide to just keep breaking the law.

That's not a deterrent, it's just another line item in an accounting spreadsheet.

Re:Uber concedes deception, prepares for $26M ACCC spanking by nicoburns on Wednesday April 27, 2022 @06:15AM (#31178216)
Perhaps because they're not profit focussed. When people becry the evils of capitalism, this attitude is what they're talking about: that it is ok and expected to do the thing that maximises profit and that if we want people to not do something then we need to make it financially uninviting.

It is not possible to arrange the world so that the financial incentives are always aligned with what is the right thing to do. So if we want to "have nice things" and live in the sort of world that most people will want to live in then we need to have some kind of ethical system which guides our action independently of the profit motive.

This seems to be one of the bigger cultural differences between the US and Europe. In the US the attitude seems to be "if there's some situation you can exploit and it's not illegal then why would you not do so". In Europe there is much more emphasis on societal-level reciprocity: not just "will there be negative consequences to me if I do this", but "will this lead to the sort of society I want to live in if everybody does this". Of course there are still bad actors. There will always be bad actors. But the assumption is that most people won't be, rather than that most people will be.

Re:Uber concedes deception, prepares for $26M ACCC spanking by oblio on Wednesday April 27, 2022 @08:25AM (#31179018)
So you're basically saying social pressure? That doesn't work in most cases.

It only really works when people die.

Re:Uber concedes deception, prepares for $26M ACCC spanking by Larrikin on Wednesday April 27, 2022 @09:33AM (#31179641)
It works in lots of countries, even in the US. Just not in US business culture.
Re:Uber concedes deception, prepares for $26M ACCC spanking by devoutsalsa on Wednesday April 27, 2022 @04:37AM (#31177686)
How does the scaled fine work on a mega rich CEO that earns a $1 salary for annual compensation?
Re:Uber concedes deception, prepares for $26M ACCC spanking by masklinn on Wednesday April 27, 2022 @05:02AM (#31177856)
It takes in account personal income as a whole, and the index can be court-reviewed for this sort of cases where the income is engineered out.
Re:Uber concedes deception, prepares for $26M ACCC spanking by namecheapTA on Wednesday April 27, 2022 @04:49AM (#31177758)
Or people unemployed by choice basically early retirement living off savings earning a decade or more ago?
Re:Uber concedes deception, prepares for $26M ACCC spanking by TomSwirly on Wednesday April 27, 2022 @01:56PM (#31183447)
Deliberate lawbreaking should result in a fine so large the company goes under.
Re:Uber concedes deception, prepares for $26M ACCC spanking by burnoutgal on Wednesday April 27, 2022 @08:12AM (#31178920)
“Conservatism consists of exactly one proposition …There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect.”

The overton window in america is so far to the right that the prospect of charging rich people for breaking the law is unheard of.

Re:Uber concedes deception, prepares for $26M ACCC spanking by dahfizz on Wednesday April 27, 2022 @08:48AM (#31179193)
TFA is about Australia, but go off...
Re:Uber concedes deception, prepares for $26M ACCC spanking by nness on Wednesday April 27, 2022 @09:17AM (#31179469)
I think the statement still holds true for Australia.
Re:Uber concedes deception, prepares for $26M ACCC spanking by FabHK on Wednesday April 27, 2022 @11:38AM (#31181334)
Counterpoint from Jean-Baptiste Henri-Dominique Lacordaire:

"Entre le fort et le faible, entre le riche et le pauvre, entre le maître et le serviteur, c’est la liberté qui opprime et la loi qui affranchit."

("Between the strong and the weak, between the rich and the poor, between the lord and the slave, it is freedom which oppresses and the law which sets free.")

https://en.wikipedia.org/wiki/Jean-Baptiste_Henri_Lacordaire

Re:Uber concedes deception, prepares for $26M ACCC spanking by mwexler on Wednesday April 27, 2022 @08:57AM (#31179280)
Just to give a source to this quote: See https://kottke.org/21/02/conservatism-and-who-the-law-protec... for a bit more context, as it's base is from Frank Wilhoit via this comment https://crookedtimber.org/2018/03/21/liberals-against-progre....
Re:Uber concedes deception, prepares for $26M ACCC spanking by ta4234 on Wednesday April 27, 2022 @10:35AM (#31180402)
To clarify without requiring link chasing: the quote is not from the political scientist Frank Wilhoit (1920-2010) but the musician Frank Wilhoit (https://www.broadheath.com).
Re:Uber concedes deception, prepares for $26M ACCC spanking by kodah on Wednesday April 27, 2022 @10:21AM (#31180235)
This article is about Australia...
Re:Uber concedes deception, prepares for $26M ACCC spanking by 2OEH8eoCRo0 on Wednesday April 27, 2022 @01:20PM (#31182916)
Income? Won't the ultra rich pay $0 then? Also- devil's advocate but a speeding ticket is a speeding ticket. They should pretty much all cost the same. Minor cost for minor crime. It's not the same as something like VW emissions scandal or opioid epidemic stuff.
Re:Uber concedes deception, prepares for $26M ACCC spanking by wlll on Wednesday April 27, 2022 @01:53PM (#31183421)
It's not a business transaction, you aren't paying for the opportunity to go too fast, it's meant to be a deterrent. As such scaling with income makes sense, it's only a deterrent if it affects you, and realistically people with lots of money aren't going to be deterred by a relatively (to their income) fine that's going to deter people who are less well off.
Re:Uber concedes deception, prepares for $26M ACCC spanking by 2OEH8eoCRo0 on Wednesday April 27, 2022 @01:58PM (#31183472)
How come wealthy people don't drive at 200mph at all times then?
Re:Uber concedes deception, prepares for $26M ACCC spanking by colejohnson66 on Wednesday April 27, 2022 @02:41PM (#31184056)
In some places, tickets are strikes on your license. So even if you can afford to pay the measly $500 fine, you can only do so maybe twice. Your third time in two years (or whatever your laws are) will cause your license to be suspended.
Re:Uber concedes deception, prepares for $26M ACCC spanking by wlll on Wednesday April 27, 2022 @03:41PM (#31184791)
This is effectively the system in the UK. You get "points" on your license, at a set number of points you lose your license and can't drive legally.
Re:Uber concedes deception, prepares for $26M ACCC spanking by black_puppydog on Wednesday April 27, 2022 @02:08PM (#31183603)
come to southern germany and see how your premise is wrong. they absolutely are.
Re:Uber concedes deception, prepares for $26M ACCC spanking by pk455 on Wednesday April 27, 2022 @01:43PM (#31183271)
what's the incentive not to speed if it only costs less than 1% of your income/net worth?

the risk to everyone else around you is the same regardless of how much you make

Re:Uber concedes deception, prepares for $26M ACCC spanking by 2OEH8eoCRo0 on Wednesday April 27, 2022 @01:48PM (#31183354)
Because you don't want to endanger yourself, others, or talk to a cop for a half hour?

This is worse than any financial penalty, even to me, and I ain't rich.

Re:Uber concedes deception, prepares for $26M ACCC spanking by fredophile on Wednesday April 27, 2022 @02:14PM (#31183686)
People don't typucally drive at speeds they think are unsafe. When someone is speeding, they generally believe that they are capable of safely operating their vehicle on that stretch of road under the current conditions.

Avoiding the time wasted while pulled over does sound like a reason not to speed but even there it's a tradeoff. How much time do I save off my commute vs how long a stop would take weighted by the probability of being pulled over.

Re:Uber concedes deception, prepares for $26M ACCC spanking by missedthecue on Wednesday April 27, 2022 @12:16PM (#31181907)
So money losing Uber should get a negative fine?
Re:Uber concedes deception, prepares for $26M ACCC spanking by rosndo on Wednesday April 27, 2022 @07:20AM (#31178566)
But this is a solved problem in Scandinavia, you just have someone else do the speeding for you and pay them a low salary.

The fines will be scaled based on the income of the chauffeur, not the highly paid executive in the back. Even if it’s actually the executive who’s paying them.

Re:Uber concedes deception, prepares for $26M ACCC spanking by bko on Wednesday April 27, 2022 @12:06PM (#31181797)
The law should apply equally to everyone. The sole purpose of the legal system isn't only to provide deterrence. Fairness and equal treatment under law are cornerstones of the legal system. Some discrepancies make sense (e.g. higher bail amount for someone with means as an incentive for them to show up to court), but this is a huge overreach IMO.

Also begs the question, do wealthy people speed more than non-wealthy people? Do they need a deterrence?

> The overall TA mortality rate was 26.6(95% CI 13.4, 39.8) per 100,000 person-years, which was almost three times higher in men than that for women (40.4 vs. 12.1 per 100,000person-years). Lower economic level was associated with increased incidence and mortality of TA.

Optimizing for deterrence maybe means charging poor men a larger ticket. You see how this way of thinking is wrong?

Also imagine having to disclose your entire financial status to some court because you got a speeding ticket? It's a gross violation of privacy.

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3309632/

Re:Uber concedes deception, prepares for $26M ACCC spanking by skulk on Wednesday April 27, 2022 @12:29PM (#31182127)
You're focusing way too hard on the example of risky traffic behavior, which has a deterrent far more potent than any fine: potential loss of life (one can even argue that how much you value your life scales with your wealth, partially explaining the findings of that article). What about parking tickets, for example? Wealthy people often park illegally and just eat the fine because it's more convenient than the alternative.
Re:Uber concedes deception, prepares for $26M ACCC spanking by bko on Wednesday April 27, 2022 @12:55PM (#31182541)
You don't get it. I reject the whole premise of optimizing on "deterrence" based on [group]. If you accept the premise that we should base fees on deterrence, you have to accept where that leads. And that may not lead to your image of the world as being full of honest law abiding working folks and cigar chomping awful fat cats.

> Wealthy people often park illegally and just eat the fine because it's more convenient than the alternative.

Where do you come up with this stuff? Your vision of how "wealthy people" behave is so off from what I've observed.

> Using parking ticket data in 2016 from the City of Los Angeles, this study shows that the number of parking tickets is higher in neighborhoods with a larger presence of renters, young adults, and Black residents.

https://nbrazil.faculty.ucdavis.edu/wp-content/uploads/sites...

Re:Uber concedes deception, prepares for $26M ACCC spanking by skulk on Wednesday April 27, 2022 @01:48PM (#31183349)
I'm not sure why you think that article proves your point. Of course poor people will get more parking tickets, they're often the ones who don't have proper parking arrangements. Do you think I was saying that wealthy people are responsible for the majority of illegal parking?

In any case, here's an example of a high profile wealthy person paying parking tickets like they're just a normal cost: https://dailytargum.com/article/2020/02/jeff-bezos-parking-t...

This isn't something I made up, it happens.

Re:Uber concedes deception, prepares for $26M ACCC spanking by bko on Wednesday April 27, 2022 @04:11PM (#31185113)
You still don't get it. I reject all of that. My point is that varying fees based on "deterrence" wouldn't necessarily lead you to charging rich people more. It could end up hurting poor people if someone makes the argument that they need more "deterrence". That's why its wrong and we should apply the law equally to everyone
Re:Uber concedes deception, prepares for $26M ACCC spanking by skulk on Wednesday April 27, 2022 @10:39PM (#31188218)
> we should apply the law equally to everyone

What is the law, and what is equal? There's a law saying you have to pay taxes, so do you object to the fact that this law is applied unequally to rich people who have to pay more? And the crime of not paying taxes is also punished with a fine that is proportional to the amount unpaid.

Your viewpoint makes absolutely no sense, so yes. I don't get it. Arguing against proportional measures for deterrance is equivalent to saying you're okay with rich people committing crimes and paying a minuscule fine for it (unless you have a totally different framework of punishment in mind).

Re:Uber concedes deception, prepares for $26M ACCC spanking by rilezg on Wednesday April 27, 2022 @01:10PM (#31182750)
I don't know, bud. When other people aren't accepting your idea of where something leads, it does not always mean they are wrong. It is easy to cherry-pick data and studies that seem on the surface to support your preconceived conclusions, but I feel you are missing the forest for the trees.

Cheers.

Re:Uber concedes deception, prepares for $26M ACCC spanking by bko on Wednesday April 27, 2022 @01:16PM (#31182836)
> It is easy to cherry-pick data and studies that seem on the surface to support your preconceived conclusions, but I feel you are missing the forest for the trees

That's exactly my point. That's why some people have this fantasy of Scrooge McDucks throwing around money and disobeying all laws just because they have money, when its just not true.

Re:Uber concedes deception, prepares for $26M ACCC spanking by monkeybutton on Wednesday April 27, 2022 @12:51PM (#31182472)
Is a fixed fine fair and equal treatment? The punishment is much more significant to someone poor than rich. Sure the dollar amount is equal but that is a very narrow view. The same arguments can be made about a flat tax vs. progressive tax systems?
Re:Uber concedes deception, prepares for $26M ACCC spanking by bko on Wednesday April 27, 2022 @12:59PM (#31182589)
If your goal is deterrence you have to ask who's more likely to commit an offense. When you lump someone into a group and apply different levels of punishment based on their group, that's just wrong and evil. You think its fine because [group] is some group you may not like (rich people). But if you start treating people differently based on [group] you risk losing control of who is defining the group. The simplest and fairest way is to treat everyone equal in the eyes of the law. That's the ideal and when possible we should reach for that ideal
Re:Uber concedes deception, prepares for $26M ACCC spanking by monkeybutton on Wednesday April 27, 2022 @01:15PM (#31182809)
When the consequences for the same crime can vary from [entire paycheck] to [below rounding error on personal finances], the effect of treatment is not equal.
Re:Uber concedes deception, prepares for $26M ACCC spanking by bko on Wednesday April 27, 2022 @01:18PM (#31182870)
When people get different punishment for the same crime based on their group, then the effect of treatment is not equal
Re:Uber concedes deception, prepares for $26M ACCC spanking by monkeybutton on Wednesday April 27, 2022 @01:28PM (#31183044)
Everyone can pay the same percentage so it is equal.
Re:Uber concedes deception, prepares for $26M ACCC spanking by rilezg on Wednesday April 27, 2022 @12:55PM (#31182540)
Should we also have a single lump sum tax rate that everyone must pay equally?

As LeBron James once said, 'two points is not two points'. If 'fairness and equal treatment' are context-blind, then they are just another empty platitude.

Re:Uber concedes deception, prepares for $26M ACCC spanking by bko on Wednesday April 27, 2022 @01:02PM (#31182629)
We're talking about different fines based on your socio-economic status. I said its wrong to think of fines only as a deterrence. Additionally if you're optimizing for group deterrence it could lead you to some uncomfortable scenarios where the group that needs to be deterred may not be "wealthy people".

What does this have to do with tax rates? Are tax rates punitive or a means for raising money for collective spending?

Re:Uber concedes deception, prepares for $26M ACCC spanking by rilezg on Wednesday April 27, 2022 @01:11PM (#31182767)
I do not understand. What are fines if not deterrence?