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> "Scaled to the offense, not the offender" is a good principle, but how do you make it work for offenders like Facebook or Uber? The problem is many people ar
by close04 7y ago
> "Scaled to the offense, not the offender" is a good principle, but how do you make it work for offenders like Facebook or Uber?
The problem is many people are very slow to adapt and understand that at this point enough "entities" are so rich and powerful that any scaling to the offense is practically impossible unless you want to scale the offense itself. It's the same when some people imagine everything "cyber" is perfectly analogous to the traditional ways. This also results in things that don't fit their purpose.
So either you consider Facebook's offense as far more egregious based on their size and reach and apply a proportional punishment, or you consider the offense as the same as anyone else's but you scale up the punishment.
Anything else is basically giving a get out of jail free card to the already powerful while helping eliminate their competition that can't take the same level of punishment. So without defining fines as percentage of revenue or directly punishing executives (much harder to pull off) these fines are indeed jokes. They do not achieve their purpose.