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Comment by imgabe | Hacker News Reader

What exactly is the point of having a law if you don't expect it to be upheld? If these managers illegally retaliated for sharing salary information, then nail them to the fucking wall. Who the hell cares if they're "uncomfortable" that things are changing?

Yeah, maybe a tiger attacks people when it feels threatened. You still put it down.

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There's a huge issue of laws built around the intention of an action. That is, the action itself is not illegal unless also backed by a given intention. These cases are nearly impossible to prove in court. How do you prove that someone did something with a certain intention? Especially when they have 5th amendment protection? Unless they come out and say it voluntarily, or unless you have solid evidence such as emails, you're not going to get very far.

Laws where intent is a necessary component of violation are not nearly impossible to prove in court (given how common this is with criminal law, and the higher standard of proof there than in civil cases, yours rarely see criminal convictions in cases that went to trial were intent nearly impossible to prove in court.)

Intent can be inferred from circumstances and other actions alongside the prohibited action; and this is particularly true in civil cases where the standard is a mere preponderance of the evidence rather than proof beyond a reasonable doubt.

Upholding a law is more tricky that being obtuse about how the world is going to unfold before The Judgement Day (TM). Look at Aaron Swartz. There is a way to have things done - if the world is becoming a better place it is because a lot of people are doing a lot of things behind the smokescreen.

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