Considering that getting it wrong is a federal felony, the incentive set by the law is clear even if, arguably, unintended.
Considering that getting it wrong is a federal felony, the incentive set by the law is clear even if, arguably, unintended.
I don’t think you’re wrong, but I would argue that if getting it wrong is a felony, not properly protecting the data should be a felony as well. I realize it isn’t, but incidents like this showcase just how poorly the laws around this type of thing are written. If you can’t properly protect the data, you shouldn’t be in this type of business.
Of course, in this case, this is a site registered in Andorra. So who even know what those laws required in the first place.
What I will say is that just as computers are a force-multipler for getting important stuff done, they are also a force-multiplier for causing harm. As the old saying goes: “to er is human, to really foul up requires a computer”.
This leak did not endanger just one or two people, which would be bad enough, but 4000. Even if the remedy is limited to a fine sufficient for each affected person to change their names and address, it is still a more serious harm than almost anything normal intuition will help with because of how many were involved.
I wish that being in the sex industry was socially neutral for men and women and that nobody would be assaulted or insulted for it. I don’t know why that isn’t the case already, but I do recognise that it isn’t — and given that it isn’t, this leak is still extremely likely to result in someone getting hurt.
It probably should be; I suspect that it's not because making involvement in porn risky for adult participants (and thereby discouraging it), while not the central focus of the law, isn't actually undesirable to lawmakers.
> Of course, in this case, this is a site registered in Andorra. So who even know what those laws required in the first place.
My understanding is that the US applies it's rules to anything of an adult nature sold into or among the US states, regardless of origin, though in practice applying it to foreign entities with little US exposure is difficult; but certainly it wouldn't be the only law that applies, to the extent it might apply.