Remix.run Logo
mindslight 4 hours ago

I don't disagree with the thrust of your criticism of the dynamic (especially long term). But there is a legitimate concern that the first test cases to hit the courts need to be quite unsympathetic egregious violators rather than surveillance dynamics that have been thoroughly normalized for decades. If people start bringing private suits against neighbors that have deployed Amazon surveillance cameras, "credit bureaus", private investigators, big tech surveillance companies directly (eg Google, and especially with weak legal arguments), it is likely to set some poor precedents and create political pushback.

fultonn 4 hours ago | parent | next [-]

Section 2 already limits applicability to persons collecting or processing data on not less than 60,000 consumers, so suits brought against neighbors would be (rightfully) dismissed.

The concern about poor precedent stemming from poor cases has some rational sense, but we have the benefit of experience. Empirically it just hasn't tended to play out like that in the case of consumer protection statutes in MA. One reason this doesn't happen in practice might be the limited bandwidth of the appellate process. The SJC could (and likely would) prioritize answering questions about the statute in the context of cases brought by the AG.

The longevity pro-consumer laws in MA provides some good empirical data that cuts against the concern about push-back.

kmeisthax 4 hours ago | parent | prev [-]

Couldn't this be mitigated by, say, having the private right of action not start until a few years into the applicability of the law?