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The United States represents a new proposal: leaking private data, it is time to let the CEO go to jail

via:博客园     time:2019/2/12 12:02:07     readed:167


Text / Lei Gang

Source: Qubit (ID: QbitAI)

Disclosure of privacy data, the CEO should go to jail.

Just ask if your support does not support?

Today, this US Senator proposal has blown up public opinion. Many netizens gathered in Hacker News to discuss.

There are support for heavy punishment to rule out privacy data leakage, and some believe that similar program standards are difficult to implement, and some people think that there is no X for the big company — — people have a strong legal team —— Small and medium-sized startups innovate.

However, since there is such a voice, we may wish to watch it together and see “private data leaks, should the CEO go to jail”?

US Senator new proposal


The source of the incident was the new proposal by US Senator Ron · Lee · Ron Lee Wyden.

The Democratic Party member believes that the privacy data has been leaked, and this crisis of crisis has survived.

In the past three years, you may have been a victim of a leaked Yahoo email account; perhaps an innocent victim of Facebook’s disclosure of private data; even unwittingly, private data was tracked, sold, and leaked, and then used for profit way.

However, the piles and pieces only left the victims and the responsible bearers.

Except for individual companies who have encountered class actions, the actual controllers of those companies and the executives represented by the CEO have not learned a little.

It's time to let them fear the privacy data through legal weapons.

How to be awe?

fine. Go to jail.


In Senator Huaiden’s new proposal, if the company secretly collects private data, divulges private data (whether intentional or not), buys and sells transactional privacy data, and even conceals false reports after a leak, it must be severely punished.

For example, a fine of 4% of annual revenue is imposed, and core executives such as CEOs face up to 20 years in prison.

I won’t say more in prison.

4%What concept?

According to Facebook's 2017 annual report data, 4% of revenue, about 1.6 billion US dollars (10.8 billion yuan).

It is quite heavy.

And the 38-page bill proposal clearly lists the specific terms.

We briefly extract the core terms as follows:

· Create “not tracked" options for people using online services to allow their search history, social media collections, and online behaviors not to be sold to advertisers. Users can pay to protect their privacy.

· Authorize relevant departments to establish privacy and cyber security standards, and require large companies to disclose privacy systems and disclosures each year.

· Penalizes companies that falsify in the annual privacy report, 4% annual income fines, up to 20 years of CEO imprisonment.

· requires companies to evaluate the accuracy, fairness and discrimination of their algorithms.

Mr. Huaiden said that this is to implement Internet privacy data regulation in accordance with the supervision of financial companies.

For large financial companies, the United States has had a similar regulatory program since 2002 and has played a very good role.

Now, it is time to bring such a solution to Internet technology companies.

In fact, before the Huaiden MP's plan has already had "drying", but the specific promotion effect is not good, showing a polarization at the level of large companies.

For companies like Apple and Intel that don't rely on Internet advertising revenue, they actively support it.

But for Google and Facebook, the giants whose lives are all in advertising revenue, always "no comment".

Strict use of personal privacy data is not equivalent to the life of Google or Facebook?


Support or not supported

Although such a bill is mainly for large companies, if you ask the netizens for their incompetent words?

They are not the same.

There are three general views on Haceker News.

First, the most in the wall, the bill is too utopian, the idea is very good, the reality is difficult to implement.

The first is the standard for privacy data:

Can personal information really be calculated according to property? If so. Then I asked someone's name, phone number and location on the street. Is it counted to record his data ”—— and master his property? If I use these "property" for commercial activities, is it also subject to the bill?

Privacy data standards are difficult to identify beforehand.

There are also netizens who follow the post and can use the after-the-fact law to enforce it.

If the concepts and boundaries cannot be fully clarified beforehand, or if there are still a lot of gray and marginal areas, can we use the after-the-fact law? But still face standard challenges.

In particular, AI is very popular, and some data is used and cannot be explained.

Second, the netizens who support the faction believe that it is precisely because there is no severe punishment that the company like Facebook “actively” makes the world worse.

So now take such a step —— huge fines, executives in jail, may be able to ease the status quo.

However, such a voice is quickly obtainedOppositionrefute.

There are two core points:

First of all, even if there is a bill, it cannot solve the most core problems.

Because since the private data bill is introduced for large companies, the luxury legal team of giants such as Facebook and Google will certainly not wait and see. They will find a reasonable and legal solution after the implementation of the law, and ultimately it will only be those who have no law. Small and medium-sized startups with strength.

And this argument is not alarmist. In the financial industry, after the subprime mortgage crisis in 2008, the relevant regulatory bills were introduced, but in the end, the status of large banks was further consolidated, and small and medium-sized banks were even more difficult.

In addition, after the implementation of the European GDPR, there are also specific data to explain that although many advertising tracking companies have been weakened, large companies like Google are not affected. —— Isn't that forgotten to leave for the sake of 啥?

Second, once the privacy data & ldquo; scarcity & quoquo;, it will become a black market asset.

Some netizens, for example, according to the privacy data should be the logic of property protection, supply and demand to determine the market, severe punishment can make the open market scruples, but also make the black market transactions more prevalent.


High praise

Of course, under the hot discussion, there are also a lot of executable suggestions:

a) Have a reminder to let the user know.

Users know that their privacy data has been "tracked" and can choose "ld";yes” or "ld";no”.

b) When you share with a third party, you must agree.

As long as the user's privacy is shared with a third party, the user should be allowed to give their own consent.

Netizens said they did not object to an application retaining their own interactive information, even for convenience, but the disliked data was shared with other third parties.

c) The cost of violations can be considered.

The cost of violations can be established in advance, and if there is a company violation, the corresponding price will be paid, so that the companies that hold the privacy data not only have self-moral constraints, but also are constrained by market economy behavior.

d) Credit mechanism.

If some companies have had a bad record of data breaches, they will limit their private data collection through one-year credit monitoring to raise awareness of these companies.

Finally, the unresolved question: Is the CEO waiting for the prison to go to jail?

Netizens who support imprisonment say that it is time to close the CEO, otherwise it will not pay attention to the privacy data.

Netizens who oppose imprisonment believe that the company is big, the CEO does not necessarily know every business, and it is unfair to limit the CEO's personal freedom, and some companies' CEOs —— just a 傀儡……


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