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Whenever stuff like this happens I see people saying there should be legal consequences for leaking data. By that logic should there be legal consequences for

Whenever stuff like this happens I see people saying there should be legal consequences for leaking data. By that logic should there be legal consequences for a company if someone breaks into their office and steals paper records?

geofft 5y ago
https://www.law.cornell.edu/wex/negligence https://www.law.cornell.edu/wex/negligence
inetknght 5y ago
> By that logic should there be legal consequences for a company if someone breaks into their office and steals paper records? Comparing cloud storage and paper records is worse than comparing apples to oranges; it's comparing apples to celery. Sure they're both edible but they are vastly different organisms. And yes, there can be legal consequences for a company if someone breaks into their office and steals paper records.
- jereees 5y ago
  An analogy of an analogy. Could somebody go one level deeper?
  - Sanguinaire 5y ago
    Comparing the original statement to the subsequent analogy is a bit like comparing an apple and an NFT of an apple...
aranchelk 5y ago
It depends, in a regulated industry if you fail to do stuff like install a commercial firewall, keep facilities secured with proper door locks, etc. you may very well face fines or loss of a license to operate. I think when people talk about consequences, they’re not regarding these companies as victims of crimes, rather as negligent actors.
vorpalhex 5y ago
If there is negligence involved, yes - an insecured building being broken into can absolutely have legal consequences. That computers are involved should not remove negligence as a possibility to recover damages.
stan_rogers 5y ago
You mean like in bailment? That's a thing.
doliveira 5y ago
If we're into bad physical analogies, I feel a better comparison would be the company itself sending an indexed copy of the records of all their clients and relying on ethics alone to keep someone from reading others' data.
ljm 5y ago
There already are consequences. Auditors will check the physical security of your office buildings if you're dealing with anything sensitive. If a breach happens later on and it turns out you cut corners on that physical security (or even somehow unwittingly compromised it) then you're not going to have a good time.
turminal 5y ago
This is more akin to leaving the door unlocked than to having a break in.

geofft 5y ago

https://www.law.cornell.edu/wex/negligence https://www.law.cornell.edu/wex/negligence

inetknght 5y ago

> By that logic should there be legal consequences for a company if someone breaks into their office and steals paper records? Comparing cloud storage and paper records is worse than comparing apples to oranges; it's comparing apples to celery. Sure they're both edible but they are vastly different organisms. And yes, there can be legal consequences for a company if someone breaks into their office and steals paper records.

jereees 5y ago
An analogy of an analogy. Could somebody go one level deeper?
- Sanguinaire 5y ago
  Comparing the original statement to the subsequent analogy is a bit like comparing an apple and an NFT of an apple...

aranchelk 5y ago

It depends, in a regulated industry if you fail to do stuff like install a commercial firewall, keep facilities secured with proper door locks, etc. you may very well face fines or loss of a license to operate. I think when people talk about consequences, they’re not regarding these companies as victims of crimes, rather as negligent actors.

vorpalhex 5y ago

If there is negligence involved, yes - an insecured building being broken into can absolutely have legal consequences. That computers are involved should not remove negligence as a possibility to recover damages.

stan_rogers 5y ago

You mean like in bailment? That's a thing.

doliveira 5y ago

If we're into bad physical analogies, I feel a better comparison would be the company itself sending an indexed copy of the records of all their clients and relying on ethics alone to keep someone from reading others' data.

ljm 5y ago

There already are consequences. Auditors will check the physical security of your office buildings if you're dealing with anything sensitive. If a breach happens later on and it turns out you cut corners on that physical security (or even somehow unwittingly compromised it) then you're not going to have a good time.

turminal 5y ago

This is more akin to leaving the door unlocked than to having a break in.