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by mountainb
701 days ago
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Non-murder criminal offenses typically have very short statutes of limitations. A lot of this could also be solved by encouraging the federal government to enforce federal privacy law as written more aggressively. A good incentive would be to amend the privacy statutes to permit the FTC to keep the funds extracted from settlements and penalties in-house. This would allow them to increase staffing and create a positive feedback loop to deter wrongdoing. This would have a negative effect on incumbent companies and practices, but it would not take long for the message to get across and for practices to change accordingly. Congress tends to prefer keeping agencies on its own budgetary string which paradoxically limits what the agencies are capable of doing. The laws that we think protect us do not protect us because many of them are within the exclusive jurisdiction of a federal agency with very limited powers and funds. In the US the leadership likes to create the illusion that it has made "Bad Problem" illegal by writing it into the law, but it does not like creating the conditions in which "Bad Problem" could be solved, whether it's because the tradeoffs involved are tough to contemplate or because keeping "Bad Problem" around as a visible enemy is clever politics. |
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There's a hidden assumption here. The expectation is that data retention and potential privacy violations are a necessary evil because anyone may later be under investigation for a crime. The data could go uncollected, it isn't AT&Ts job to retain private information on all of us just in case an investigator wants it.
Take telecoms out of it and consider a convenience store. Police would like to have video recordings of whatever moment in time they are investigating, but that doesn't mean the video has to be recorded and retained. A shop owner can choose to record videos and only retain them for a week if they want, or they can have cameras installed but not even recording if they're okay with just the effect of deterrence.