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Banning the product and forcing the manufacturer to pay damages to every single person they sold that garbage to, for example.
by mixedCase 4y ago
Banning the product and forcing the manufacturer to pay damages to every single person they sold that garbage to, for example.
- komali2 4y agoI would love this, though there's very few entities in the world that seem to have this level of sovereign power - most regulatory agencies / governments don't seem to have the political will, drive, ambition, or simply ability to do something like this. Let's say for the USA, the chair of the FCC (hahahahahahahahaahah) decided to do this, could they even? Isn't power dispersed enough to make this impossible? (immediately challenged by courts, or, unable to determine which regulatory agency in USA actually has authority to do this, etc?) Or say an American state, perhaps Texas, decides to protect its citizens by threatening to ban sales of google phones if they don't fix this bug tomorrow, and force a recall, would that be possible? I mean... via what mechanism could that even happen? A governor executive order immediately challenged by a local court or even the USA federal government? A state law, that gets vetoed? Etc. This leaving aside the fact that Google can just do fat campaign donations to whoever can throw a monkeywrench into this kind of consumer protection action.
- polynox 4y agoYou are probably overthinking this. As much as the deregulatory agenda is ascendant, the FCC does have authority to regulate … wireless carriers and interstate commerce. In particular, 47 USC 618(a)(6) provides an explicit right of mandamus if the FCC fails to act (I suppose this is mainly for venue). I’m not a lawyer but I’m pretty sure you could compel the FCC to, however indirectly, compel Google to act.