| ▲ | NoGravitas 5 hours ago | |
> I think there is a rise of "this is legal because we used a computer to do it." Arguably, a lot of the modern tech industry is built on this. AirBnB to sidestep hotel regulations. Uber to sidestep taxi regulations. There's a bit of "this is legal because a private company is doing it and not the government", too. | ||
| ▲ | Sharlin 4 hours ago | parent | next [-] | |
I think tech people often have a very mechanistic interpretation of law (also leading to the common misconception that it would be possible and desirable to encode law as a computer program!) and like Orthodox Jews, a certain kind of people seem to treat law as some sort of puzzle to be solved. | ||
| ▲ | nostrademons 2 hours ago | parent | prev [-] | |
It's not the tech there that sidesteps the regulation, it's the diffusion of responsibility. AirBnB isn't breaking the hotel regulations, the individual hosts are breaking the hotel regulations, and AirBnB is just providing you a platform to find them, several of which are not breaking any regulations. Uber isn't sidestepping taxi regulations, the individual drivers are sidestepping taxi regulations, and not all places have taxi regulations so Uber as a company has substantial non-lawbreaking uses. They're taking advantage of the same misfeature of our justice system that is being discussed here, notably that it's all based on individual personal responsibility and scales very poorly to lawbreaking at scale or cases where the negative outcome had many people responsible for it. Corporate execs use this frequently to legitimize atrocious conduct. Have a pesky law (like the Freedom of Information Act requests that were discussed here yesterday) that you want to ensure is not complied with? Create a team whose job is compliance, but underfund them by a factor of 100, so that there is no possible way they can catch and address all of their legal obligations. The exec created a relevant team and delegated responsibility, so they're in the clear. The individual workers are falling down on the job and not responding to requests fast enough, but they're also falling down on the job and doing the best they can, so at worst they should get a bad performance review and no raise, they can't be held criminally liable. The people trying to get the law enforced are just outta luck, because it's another unfunded mandate and they don't hold the budget strings. Or consider the case of cheating on emissions standards. No executive will tell their engineers "You should cheat on these" - that would be a crime, right? But instead, they might take the 20 or so employees that have the biggest disrespect for rules. And then they give each of them a small team and a budget, and have the teams compete to create the best engine on a variety of metrics that are important to customers, but notably not the emissions standards, because it goes without saying that everyone is going to follow the law, right? Then inevitably one of those teams will win and there's a good chance that it's one that cheated on emissions, but of course the exec had no knowledge of that and the team lead in question has been fired. | ||