Hacker News new | ask | show | jobs
by nannePOPI 2694 days ago
This is a classic tactics by politicians: instead of reprimanding the judicial system for refusing to do their job properly, they cry and whine publicly in order to get the consensus to create more laws, which often guarantee more power to the government and also the creation of special regulatory bodies where they can put their people with a juicy governement salary.

All the problem described in this thread could be solved with laws from 25 years ago. Facebook stealing call and contact data? No, they can't do it. No, GDPR was not needed. No, putting a phrase in a ToS that nobody reads is not enough to save a company from being destroyed in court in case of serious wrongdoing. Friendly fraud? Also a crime, just use the existing laws. Calling the users dumb fucks? Not a crime. Manipulating the users emotion or testing the algorithms on users? Also not a crime and I don't see why it should be.

Of course, it's much easier for the judicial system to not bother with those big companies by applying the existing laws. Why risk getting attention from such powerful people? And after all, if they were to apply the existing laws, then the poor politicians would have much less fake crisis to work with in order to expand the role of government and make money.

This is how the whole government thing work. Proved since the beginning of time. Trust them even less than Facebook.

3 comments

Agree with all of this in general. Inability to enforce existing statutes is not a justification for piling more on. However, what you wrote is widely disagreed with by many of the loud tech and media voices which believe adding laws is the only solution. Modern generations fear companies more than governments because it is difficult to put into perspective the real harms caused by each without a historical lens.
I’ve always wanted the power you describe.

And now I have it in several countries and various political systems. Some of which are totally incompatible with the one I was raised in.

All you need is consensus. And it is easy to get. No matter if its an ethnostate, a communist state, has a supreme ruler or prince able to override the legislature, representative republics elevated as bastions of the capitalist society, you name it.

It is so surprising and entertaining how the population of these countries get so caught up in their political system in the least effective way. The key distinction being they spend energy on the parts that have no consensus, like not even a little or half of their energy, ALL of their energy in politics is used on alienating themselves and everyone to support the fringes of their political party that doesnt have consensus and none on the part that has consensus, letting them get totally steamrolled by power hungry people and wondering “what happen”. They are the ones being played here.

Downvoting doesnt change that or offer another perspective.

>All the problem described in this thread could be solved with laws from 25 years ago. Facebook stealing call and contact data? No, they can't do it. No, GDPR was not needed. No, putting a phrase in a ToS that nobody reads is not enough to save a company from being destroyed in court in case of serious wrongdoing. Friendly fraud? Also a crime, just use the existing laws.

Even if it's true that these are illegal, you're not going to be able to ascribe a "crime" to someone you can charge ex post facto. At most, you might see a lawsuit that results in a settlement for a small number of affected individuals, which is going to be accounted for already by Facebook's legal team in their decision to implement these polices.

We do need new laws here. The fact that Facebook feels so free to do these things means that they are unafraid of current law, probably with good reason.

If facebook's actions are illegal now, they are illegal now, there is no ex post facto. Can't talk for the US, but for example the "friendly fraud" could be considered fraud in many European countries, since it brings profit to facebook by inducing people into error. The punishment includes jail time. You do need someone to start a lawsuit, of course, and that's what the judicial system should do when the fraud is repeated. But do they do it? Nope, instead we just have the politicians whine that they need more power. What a surprise.

The reason why FB and big companies in general are unafraid of current laws is that they know they won't be applied. It's a big hassle to punish the rich and the corporations, because people working in the judicial system just don't care about making big enemies. Also it's a pain in the ass because there are two thousand layers of limited liability they have to uncover before they can put the responsible people in jail. It's much easier to focus all the energy on some poor guy selling some weed or a small business not submitting the right form at the right time. Punishing them need zero effort, they can't defend themselves properly and their punishment justifies the work of the judicial system.

Elected politicians should be the one to keep the judicial system in check, but they don't have an incentive to do so that it starts to punish rich people FIRST. In the end the people, by showing support for "more laws" they only get more laws, which will cost more money to the taxpayers and also will make life difficult for the small business while big business won't care and will even be advantaged by them. All this aside from the fact that it doesn't make sense to make another law when there is already a law.