nanog mailing list archives
Re: Legislative proposal sent to my Congressman
From: jim deleskie <deleskie () gmail com>
Date: Wed, 5 Oct 2016 13:46:05 -0300
Can we please not get the government ( who's gov ) involved. I fully agree that it will not only not help, but will make some things worse. This is why we can't have nice things. On Tuesday, October 4, 2016, Anne Mitchell <amitchell () isipp com> wrote:
(Interesting and inarguably well-intentioned, and possibly even sound, idea snipped, but noted.) There are a handful of reasons that this will never happen (well, I'm 98% certain it will never happen, nothing is every 100% sure when it comes to the law, and legislation)... among them the manufacturer's lobby is much more well-girded than is the 'home internet security' lobby; the cyber-security concerns of the Federal government are focussed on other things (whether they should be or not, they are); and for the most part legislators are still fairly unsavvy about tech in general, and these things make their eyes glaze over. That said, there are already tort (negligence, etc.) laws and precedents under which such manufacturers can be sued, along with things like breach of contract between the manufacturer and consumer, and breach of implied warranty of fitness for a particular purpose and breach of implied warranty of merchantability. A couple of winning lawsuits against manufacturers under these laws and theories - which judges *already understand* - is, I think, not only a more likely, but a much faster, route to industry reform. All that said, much of this faces the same issues that spam lawsuits faced - the people who care the most about it are not the ones who can afford to finance such lawsuits. Anne Anne P. Mitchell, Attorney at Law Legislative Consultant CEO/President, Institute for Social Internet Public Policy Member, Cal. Bar Cyberspace Law Committee Member, Colorado Cyber Committee Member, Asilomar Microcomputer Workshop Committee Author: Section 6 of the CAN-SPAM Act of 2003 (the Federal anti-spam law) Ret. Professor of Law, Lincoln Law School of San Jose Ret. Chair, Asilomar Microcomputer Workshop
Current thread:
- Re: Legislative proposal sent to my Congressman, (continued)
- Re: Legislative proposal sent to my Congressman Lyndon Nerenberg (Oct 03)
- Re: Legislative proposal sent to my Congressman Matthew Petach (Oct 03)
- Re: Legislative proposal sent to my Congressman Lyndon Nerenberg (Oct 03)
- Re: Legislative proposal sent to my Congressman Lyndon Nerenberg (Oct 03)
- Re: Legislative proposal sent to my Congressman Valdis . Kletnieks (Oct 03)
- RE: Legislative proposal sent to my Congressman Harry Crowder (Oct 05)
- Re: Legislative proposal sent to my Congressman jim deleskie (Oct 05)
- Re: Legislative proposal sent to my Congressman Stephen Satchell (Oct 05)