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by teaker 1199 days ago
In the absence of legislation (and perhaps even if/when legislation is enacted), an effective approach would be to simply hold entities to a reasonableness standard and to seek relief/damages under a common law negligence theory in lieu of a regulatory/legislative enforcement mechanism. That way, what is considered to be the industry standard (ie reasonable) changes at the pace of technology. The weak link here is quantifying individuals' damages in breaches where there is no clear injury (such as what you have in the the Amazon/GoPro example described above).