3 ms·
But I wonder if he would receive a US court order would he treat it the same way? Court orders take a comparative mountain of effort before they land on someon
by downandout 8y ago
But I wonder if he would receive a US court order would he treat it the same way?
Court orders take a comparative mountain of effort before they land on someone’s doorstep. They require someone to determine that there is a legitimate cause of action against the site, consult their attorneys/legal department as to the best course of action, research the case and produce enough evidence of their claims to hopefully convince a judge to give them the order they seek, then prepare and file the legal paperwork. In most cases, by the time such an order is issued, several people have invested dozens or hundreds of hours in the effort.
By contrast, sending a “nightmare letter” is a matter of copying and pasting, which can be done by anyone in just a few seconds. Even a small site like the one at issue here could easily receive hundreds or thousands of such requests per year that the owner is obligated to produce detailed responses to, under the threat of enormous fines.
This regulation was written in a way that made it ripe for abuse. We are seeing real-world abuse now, and we are barely a week into it. Shutting down and/or at least blocking EU traffic is entirely reasonable in light of the situation that GDPR has created.