4 ms·

People here missing the big win for Facebook, which is retrospective: The FTC settlement indemnifies Facebook for "any and all claims prior to June 12, 2019"

People here missing the big win for Facebook, which is retrospective: The FTC settlement indemnifies Facebook for "any and all claims prior to June 12, 2019" https://twitter.com/ashk4n/status/1154027557055975424 https://twitter.com/ashk4n/status/1154027557055975424

rikroots 7y ago
Is this true only in the US? Or can Facebook argue that the settlement with the FTC effectively indemnifies them across other jurisdictions? I remember there being something about courts in different countries respecting each other's rulings, but not sure how such an argument would play in (for example) the EU.
- slim 7y ago
  it's true only in us
  - mirimir 7y ago
    But then GDPR is effective only in the EU. At some point, wouldn't it be simpler to have the same policies globally? Or is that too simpleminded?
    - jacquesm 7y ago
      Pity to see this downvoted. That's called 'harmonization'. It is one of the bits that makes copyright law such a powerful law because the Berne convention synchronized a whole pile of stuff in a very large chunk of the world. Similar activity tends to occur in neighboring countries with respect to tax law to avoid capital flight.
      - mirimir 7y ago
        I was thinking more of the arguably disproportionate impact that California auto-emission limits have had in the overall US market. As I understand it, it would cost too much to produce multiple state-specific versions. So the high-population state with the lowest limits effectively sets the US standard. But maybe that doesn't apply as much to online stuff. Because marginal cost isn't so sensitive to volume.
    - slim 7y ago
      GDPR is effective only in the EU. If you don't do business in EU, you can ignore it.
makomk 7y ago
Except that if you read the text he's quoting, it doesn't say what he claims it does. The settlement only covers claims that Facebook's actions prior to June 12, 2019 violated the previous 2011 settlement, as well as certain kinds of claims already known to the FTC at the time of the settlement. If they find out that Facebook has been doing other shady things that violate consumer protections the FTC can still take further action against them over it.

rikroots 7y ago

Is this true only in the US? Or can Facebook argue that the settlement with the FTC effectively indemnifies them across other jurisdictions? I remember there being something about courts in different countries respecting each other's rulings, but not sure how such an argument would play in (for example) the EU.

slim 7y ago
it's true only in us
- mirimir 7y ago
  But then GDPR is effective only in the EU. At some point, wouldn't it be simpler to have the same policies globally? Or is that too simpleminded?
  - jacquesm 7y ago
    Pity to see this downvoted. That's called 'harmonization'. It is one of the bits that makes copyright law such a powerful law because the Berne convention synchronized a whole pile of stuff in a very large chunk of the world. Similar activity tends to occur in neighboring countries with respect to tax law to avoid capital flight.
    - mirimir 7y ago
      I was thinking more of the arguably disproportionate impact that California auto-emission limits have had in the overall US market. As I understand it, it would cost too much to produce multiple state-specific versions. So the high-population state with the lowest limits effectively sets the US standard. But maybe that doesn't apply as much to online stuff. Because marginal cost isn't so sensitive to volume.
  - slim 7y ago
    GDPR is effective only in the EU. If you don't do business in EU, you can ignore it.

makomk 7y ago

Except that if you read the text he's quoting, it doesn't say what he claims it does. The settlement only covers claims that Facebook's actions prior to June 12, 2019 violated the previous 2011 settlement, as well as certain kinds of claims already known to the FTC at the time of the settlement. If they find out that Facebook has been doing other shady things that violate consumer protections the FTC can still take further action against them over it.