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by Reelin 2338 days ago
Unless they knowingly and intentionally broke criminal law, that's completely over the top and unnecessary.

Fines should presumably start small and have a graduated structure to prevent the "just a business expense" approach from becoming a viable one.

The current regulatory problems are due almost entirely (IMO) to lack of active enforcement; why care what the penalty is if you know it won't happen to you regardless?

3 comments

You don’t have to knowingly break the law to be criminally charged. If you’re in a position where a law might apply, you should do your due diligence or get legal counsel sign off. Selling private location data should easily cause a competent executive to think twice and confirm it’s okay.
Why do you think corporate counsel didn't sign off on this?
I didn't opine on this instance wrt if legal counsel did or did not sign off. If corporate counsel signs off on criminal behavior, it should be criminally charged.
> Unless they knowingly and intentionally broke criminal law, that's completely over the top and unnecessary.

Why? If I drive drunk and a cop pulls me over, lack of knowledge is no defense. As the head of a company, why is a lack of knowledge of the goings-on of the company a defense? If you don't know the goings-on when you are in a position to, at the very least that should be categorized as criminally negligent.

Its like making a mayor liable for the crimes of their city’s residents, after a certain scale it just becomes stupid.

Now if the mayor pushes for the crime or doesn’t put policy forbidding the crime, that is a different story.

One of you is speaking of knowledge of the crime and the other is referring to knowledge of the law. Different things entirely.
Why should fines for selling private data of millions of people start small? Will they ever get large enough to get companies to care?