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You really think law would be such a highly sought-after and highly-compensated field if it was that easy?
by hyperbrainer 2y ago
You really think law would be such a highly sought-after and highly-compensated field if it was that easy?
- sam_lowry_ 2y agoIt should be easy.
- hyperbrainer 2y agoThe law is written to prevent loopholes and exploits -- an extremely hard task, given the number of people willing to break it for even the slightest profits. The sheer number of these "false exits", that, then need to be covered, makes making reading and interpreting the law a hard endeavor. And a very precise one. It could be easier by some fraction, but never anywhere near easy.
- Asraelite 2y agoThere are competing incentives. Governments/politicians want to make it easy for companies to comply in order to encourage economic investment, and also to gain goodwill among their voters. Legal institutions want to make things appear as complicated and uncertain as possible so that they make more money selling lawyers. The end result is that you get mixed messages, depending on where the information ultimately came from. I personally don't know how hard it actually is to comply with GDPR, but I know that it has to be easier than it's made out to be.
- kergonath 2y agoThat’s cynical and edgy, but misses the mark. There are several reasons why rules tend to be more specific about the outcomes than the ways to get there. This decreases the attack surface for loopholes. What is desirable is the end result, not the technical details. The law is actually clearer because the intent is clearly spelt out. The point of the law is to protect privacy, not cover every screen with cookies banners. This leaves room for different implementations and flexibility (yay, competition). It makes the law more resilient, because it does not need to be re-engineered every time anything happens. 10 years from now, even if cookies and banners have completely vanished, the core of the law will still be relevant. This is why debates about the spirit and the letter of laws translate poorly across the Atlantic. Different places have different approaches.
- Galatians4_16 2y agoSo covering every screen with cookie banners is a form of malicious compliance?
- kergonath 2y agoIndeed.
- hyperbrainer 2y agoI completely agree with your points. However, my admittedly snarky comment was regarding the idea that simply searching for a term across a document is how one decides legal validity, with no regard to alternate jargon, definitions, and of course, as you point out outcomes.
- kergonath 2y agoMy snark detector my need re-calibration :) These are trying times.