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This would never work! Seriously though, the hole I am trying to plug here is remedy. Where is the individual remedy against someone who takes my data for the

This would never work! Seriously though, the hole I am trying to plug here is remedy. Where is the individual remedy against someone who takes my data for their own profit? Sure I can get an official body to act for me, impose fines etc. But if, at near zero cost, I can force them to delete it - no exceptions - that's a powerful response. I'm probably mistaken but right now I don't see that to hand despite the fancy wording about data "belonging to the subject".

salawat 3y ago
The issue is that every business operator relying on this overnight would have to shift massive amounts of capital into their legal departments to create a remediation pipeline, fundamentally shift their architecture to include permission first targeting of training information, and most importantly, the Courts would be instantly swamped with just cases dealing with this kind of case for years while lobbying would go on for years to cripple any such remedy establishment. In short, what you propose is the abolishment of the click through EULA, and a return to exercise of contract law as originally intended. This kills the tech enabled business sector, because they'd essentially have to de-scale or die under an avalanche of judicial remediation. Which I want, to be quite frank. It'd be awesome.
- nonrandomstring 3y ago
  It would definitely be a very good thing to restore real contract law. The "click through EULA" was a fork in the road where our legal system went wrong and slid into a ditch and things have been spiralling downwards ever since. Tech companies relying on unjust methods absolutely should go bust, and good riddance, > instantly swamped with just cases dealing That's interesting. It's almost tempting to see that as an argument against justice :) Right now in the UK we've potentially 4k - 5k pending cases for about £600,000 compensation each against the Post Office. It is already technically bankrupt on paper and will have to be dissolved and re-nationalised under the next government. So in many places in the world, the backlog of cases that courts cannot deal with is the only thing keeping some large criminal enterprises alive. In other words the sheer scale of their injustice is what protects them. What did Stalin say, "A single death is a tragedy, a million deaths is a statistic"?
  - salawat 3y ago
    >That's interesting. It's almost tempting to see that as an argument against justice :) The almighty pocket veto. If I never get the chance to get around to it, dif it ever really happen? Make no mistake; this is one of these sneaky things you can do to ensure that even if something you don't pike is the case, it never really materializes substantively, and fast enough to matter. It's one of my major issues with legislation that creates new remedies, but without taking into account the means through which that process will be executed. While an independent judiciary is crucial; there does need to be affordance for info propagation.

salawat 3y ago

The issue is that every business operator relying on this overnight would have to shift massive amounts of capital into their legal departments to create a remediation pipeline, fundamentally shift their architecture to include permission first targeting of training information, and most importantly, the Courts would be instantly swamped with just cases dealing with this kind of case for years while lobbying would go on for years to cripple any such remedy establishment. In short, what you propose is the abolishment of the click through EULA, and a return to exercise of contract law as originally intended. This kills the tech enabled business sector, because they'd essentially have to de-scale or die under an avalanche of judicial remediation. Which I want, to be quite frank. It'd be awesome.

nonrandomstring 3y ago
It would definitely be a very good thing to restore real contract law. The "click through EULA" was a fork in the road where our legal system went wrong and slid into a ditch and things have been spiralling downwards ever since. Tech companies relying on unjust methods absolutely should go bust, and good riddance, > instantly swamped with just cases dealing That's interesting. It's almost tempting to see that as an argument against justice :) Right now in the UK we've potentially 4k - 5k pending cases for about £600,000 compensation each against the Post Office. It is already technically bankrupt on paper and will have to be dissolved and re-nationalised under the next government. So in many places in the world, the backlog of cases that courts cannot deal with is the only thing keeping some large criminal enterprises alive. In other words the sheer scale of their injustice is what protects them. What did Stalin say, "A single death is a tragedy, a million deaths is a statistic"?
- salawat 3y ago
  >That's interesting. It's almost tempting to see that as an argument against justice :) The almighty pocket veto. If I never get the chance to get around to it, dif it ever really happen? Make no mistake; this is one of these sneaky things you can do to ensure that even if something you don't pike is the case, it never really materializes substantively, and fast enough to matter. It's one of my major issues with legislation that creates new remedies, but without taking into account the means through which that process will be executed. While an independent judiciary is crucial; there does need to be affordance for info propagation.