3 ms·
"On Wednesday, she announced the Corporate Executive Accountability Act, which would impose jail time on corporate executives who "negligently permit or fail to
by jimz 8y ago
"On Wednesday, she announced the Corporate Executive Accountability Act, which would impose jail time on corporate executives who "negligently permit or fail to prevent" a "violation of the law" that "affects the health, safety, finances or personal data" of 1 percent of the population of any state."
This is really poorly thought out and in practice, impossible to enforce. This is clearly shoehorning a civil case framework into the criminal justice system.
"Negligently permit or fail to prevent" is the sort of clause that would almost inevitably end up hitting founders engaged in any sort of company that deals with personal data. Larger companies can simply fall back to delegating the security issue to a non-executive. At that point proving negligence becomes incredibly difficult.
"A violation of law that affects data" is also ridiculously broad. Currently, CFAA is already overbroad and assigns criminal liabilities to far too many potential acts that simply couldnn't have been imagined in the early 1980s. Any unauthorized access that sees records falling into the many categories stated and amounts to 1% of a state's population, which could be a few thousand rows, would somehow subject two people to imprisonment potentially.
And of course, how would this even be enforced? A company can simply change its terms and conditions to allow for information disclosure, and selling or giving away things certainly isn't illegal. This would immediately shift the onus back onto the one accessing the data, who also has no reason to report or cooperate.
If anyone actaully suffers a quantifiable injury, just sue. Warren clearly haven't been practicing criminal defense or having been a prosecutor for quite some time because this sort of statute is the sort that both sides get headaches for.