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Privacy Crime Government The Internet United States

Senator Introduces Bill That Would Send CEOs To Jail For Violating Consumer Privacy (vice.com) 104

Oregon Senator Ron Wyden has introduced the Consumer Data Protection Act that "would dramatically beef up Federal Trade Commission authority and funding to crack down on privacy violations, let consumers opt out of having their sensitive personal data collected and sold, and impose harsh new penalties on a massive data monetization industry that has for years claims that self-regulation is all that's necessary to protect consumer privacy," reports Motherboard. From the report: Wyden's bill proposes that companies whose revenue exceeds $1 billion per year -- or warehouse data on more than 50 million consumers or consumer devices -- submit "annual data protection reports" to the government detailing all steps taken to protect the security and privacy of consumers' personal information. The proposed legislation would also levy penalties up to 20 years in prison and $5 million in fines for executives who knowingly mislead the FTC in these reports. The FTC's authority over such matters is currently limited -- one of the reasons telecom giants have been eager to move oversight of their industry from the Federal Communications Commission to the FTC. "Today's economy is a giant vacuum for your personal information -- everything you read, everywhere you go, everything you buy and everyone you talk to is sucked up in a corporation's database," Wyden said in a statement. "But individual Americans know far too little about how their data is collected, how it's used and how it's shared."

"It's time for some sunshine on this shadowy network of information sharing," Wyden said. "My bill creates radical transparency for consumers, gives them new tools to control their information and backs it up with tough rules with real teeth to punish companies that abuse Americans' most private information."
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Senator Introduces Bill That Would Send CEOs To Jail For Violating Consumer Privacy

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  • by Anonymous Coward on Thursday November 01, 2018 @05:16PM (#57577510)

    It would be fitting torture for both.

    • For once I can agree with AC Frist poster.

    • I think that would violate the 8th Amendment regarding cruel and unusual punishment.

      Can you imagine being forced to share a cell with either one of them?

      And as much as I loathe FB and Zuckerberg, I'm not sure there's anything criminal about either.

      I dislike Trump even more, but I only suspect him of crimes mostly concerning money and hopefully Mueller will figure it out. Maybe it will turn out that Trump is as pure as the driven snow?

      I didn't type that last bit with a straight face, BTW.

      At best, Trump just

  • Comment removed (Score:5, Insightful)

    by account_deleted ( 4530225 ) on Thursday November 01, 2018 @05:19PM (#57577538)
    Comment removed based on user account deletion
    • by Anonymous Coward

      So it's business as usual because that is exactly how we fight the drug war.

  • by Narcocide ( 102829 ) on Thursday November 01, 2018 @05:19PM (#57577542) Homepage

    ... for the most futile good-will gesture in all of history.

  • by Hylandr ( 813770 ) on Thursday November 01, 2018 @05:19PM (#57577550)

    companies whose revenue exceeds $1 billion per year -- or warehouse data on more than 50 million consumers or consumer devices -- submit "annual data protection reports"

    So, Only the biggest companies with the biggest legal depts are required to 'self report'?

    Thanks Senator (x) That will be so helpful let me give you all our votes.

    • I see, and what is your Senator doing?
    • by MacDork ( 560499 )
      I have more than 50M records at work. I'm the lead (read: only) programmer on the project. My company thinks a $2000 laptop is too expensive to buy for me. They'll soil their pants when I deliver this news to them.
    • companies whose revenue exceeds $1 billion per year -- or warehouse data on more than 50 million consumers or consumer devices -- submit "annual data protection reports"

      So, Only the biggest companies with the biggest legal depts are required to 'self report'?

      Thanks Senator (x) That will be so helpful let me give you all our votes.

      Laws like this are why Delaware allows shell companies.

      "We don't have 50 million users, we have exactly 49,999,999 users. Never mind those dozen other companies with P.O. boxes over there. They have nothing to do with us."

  • I trust private companies more than the govt.

    • Re: (Score:2, Insightful)

      by Anonymous Coward

      Really? Do you trust them not to be in bed with the government too?

      • That's the fundamental problem: Government represents a gun that deep pockets can pay to point at their competition; it's not the case that Big Business corrupt government, but rather it's the case that Big Government corrupts businesses.

        We had the same problem with religiosity, each sect trying to grab that big governmental stick and thereby beats its will into anyone who had another opinion. We solved that problem with the

        Separation of Church and State.

        Now, we need a

    • Is there any difference between them anymore ?
    • by doom ( 14564 ) <doom@kzsu.stanford.edu> on Thursday November 01, 2018 @06:21PM (#57577906) Homepage Journal

      I trust private companies more than the govt.

      And I trust almost anyone more than people who are still saying stuff like this.

    • by AHuxley ( 892839 )
      They did PRISM for free. All that data from "trusted" US private companies direct into the US gov/mil :)
      From deep in the big brands own networks. Unencrypted so the US gov could work with the data sets.
    • by PJ6 ( 1151747 )

      I trust private companies more than the govt.

      The Corporation [youtube.com]

    • I trust private companies more than the govt.

      So you want to get rid of income tax withholding? The government has known where everyone lives and works and their family members and ages and how much money they make for many decades.

      You want to get rid of "information sharing" for the ostensible purposes of tracking down "deadbeat dads"? That was the way that having every agency (from dog and hunting licenses on up) feed into giant data warehouses was sold.

      You want to get rid of government identity documents? Now they're kinda useful though ...

    • by e3m4n ( 947977 )

      thats not saying a whole lot for me, I really distrust the government. Private companies that manage to have 427 private whitehouse meetings within a 4 year span with said government are just an extension of such IMO

  • And it has my support...

  • by supernova87a ( 532540 ) <kepler1@NoSpaM.hotmail.com> on Thursday November 01, 2018 @05:48PM (#57577724)
    Jail is too far off a concept for people in charge. I always felt that a simple solution would be to immediately charge companies the following penalty schedule for losing each customer record:

    $2 for each name + password
    $5 for phone number
    $10 for social security number

    And multiply for combinations of the above. You'll see companies start fixing their processes (or simply refusing to store unnecessary data, right quick.
    • Social security numbers should not be secret. They should be published in a big directory where anybody can look them up. They were never intended to be 'secret codes' and the credit industry should not be allowed to use them that way.

      The only reason the credit industry wants them to be 'secret codes' is so that they can casually offer credit cards at the cash registers of stores. Which would be impossible without 'secret' SSNs.

      • by Anonymous Coward

        Use of social security numbers for anything but social security was initially illegal. But the "easy" button of having a unique identifier for every citizen and legal immigrant became too much of a temptation.

        Just like Congress's use of the legally separate Social Security fund to expand the monies for Federal budgets was too big a temptation.

    • I fear monetary fines aren't always enough. They'll pay them somehow and then end up laying off thousands of staff to help recover their cost. The CEO won't get a pay hit or even worry about his/her job but it'll be the lower rank employees that come out worse.

      However, if the CEO thinks there's a risk of going to jail, they're gonna be very motivated to ensure they have proper data management procedures in place.
  • If this ever passes I doubt you would even see a "perp walk", let alone jail time, from the worst offenders.

  • He released a "discussion draft" of a bill he might introduce later, assuming that Sen. Menendez's 2017 bill, "Consumer Data Protection Act" and other bills in the Senate and House addressing the same issue don't go anywhere.

    More posturing for the home crowd to make it look like he's getting something done in Congress.

  • "tough rules with real teeth to punish companies that abuse Americans' most private information"

    I highly doubt it.

  • ...and also throw the executive suite in jail for polluting and all sorts of other malfeasance.
    After all, if companies have the rights of persons, they should be treated like them.

  • Then they could just claim ignorance, so this is useless.

    Wrong idea anyway, shareholders are the ones that should be punished.

    Wipe out 15% of their stock value, then let them sue the CEO for negligence.
  • I hope Sen. Wyden bill passes. However, I think the fines need to be larger. I would impose fines of at three times the revenue or profit from selling the data plus the $5 million fine. Otherwise, if a company makes $500 million from selling data, having to pay a $5 million fine is a business risk I might take. However, if the fine was $1.5 billion, I would be much more careful.
    • Recently Senator Heitkamp deliberately used private information from women without their consent in a campaign ad. Would this bill apply to her and put her in jail? Or is there a loophole for politicians?
  • The cash penalty should include forfeiture provisions for money made from the misbehavior. A lot of these guys have options that would tank if that happened. It would also give boards of directors and shareholders reasons to worry about the issue too.

"The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts." -- Bertrand Russell

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