Hacker News new | ask | show | jobs
by wharvle 925 days ago
1) Common law versus civil law. We rely a lot more on private lawsuits than on regulator action. This is probably a mistake, given that it sure looks like it adds costs to common law countries with little to no benefit (and, arguably, harm) but it’s what we have.

2) The consumer protection laws we do have, and the bodies to enforce them, are relatively weak and enforcement is spotty at best. The most recent serious attempt to kinda fix this is the formation of the CFPB, and one of our two relevant political parties deliberately prevents it from working when they hold the White House (sample size of one, admittedly) and has been trying to totally kill it, in the legislature or (better, because it’s popular and this is deniable) in the courts.

1 comments

> consumer protection laws we do have, and the bodies to enforce them, are relatively weak

IANL - however, in the US and in US States, many serious cases have been decided in favor of the consumer, over decades. It is the most recent waves of privacy versus ad revenue that are indeed, very weak. It is awkward to defend these regulators since their failures are sometimes glaring, however it is my impression that serious settlements against industry can have silence or "gag orders" attached, and they often do. The industry lawyers can argue that the news of the settlement alone constitutes additional commercial damage to the company, and of course they are right in a narrow sense.