California’s Strict Data Breach Law Moves Forward

DooKey

DooKey

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The California senate has approved a strict data breach law that allows both customers and non-customers alike to sue third-party data brokers for damages caused by a breach. The bill will allow damages of $1K per breach or monetary damages - whichever is greater. This bill is a reaction to recent breaches such as the Equifax breach, but I think it goes too far by allowing those who aren't a customer to sue. How can they claim damages? Regardless, something needs to be done to companies that fail to protect customer data.

Like all bills passed in a final-week voting frenzy, “SB-1121 Personal Information,” by Senator Bill Dodd, now goes to the state assembly, where it must pass or fail by August 31. If the bill succeeds, Democratic Governor Jerry Brown would then have 30 days to sign or veto it.
 
Montu said:
...but I think it goes too far by allowing those who aren't a customer to sue. How can they claim damages?
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When a third-party for-profit company like Equifax holds sensitive personal data about you, which you never so much as implicitly gave them permission to gather and possess, then, through incompetence or malice, releases your data to malicious actors who use it to cause you monetary harm, can you not claim to have been damaged by the company? If not, can I borrow your wallet?
 
ProfessorUtopia said:
When a third-party for-profit company like Equifax holds sensitive personal data about you, which you never so much as implicitly gave them permission to gather and possess, then, through incompetence or malice, releases your data to malicious actors who use it to cause you monetary harm, can you not claim to have been damaged by the company? If not, can I borrow your wallet?
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This is what i came here to say.
 
ProfessorUtopia said:
When a third-party for-profit company like Equifax holds sensitive personal data about you, which you never so much as implicitly gave them permission to gather and possess, then, through incompetence or malice, releases your data to malicious actors who use it to cause you monetary harm, can you not claim to have been damaged by the company? If not, can I borrow your wallet?
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This bill seems to imply that it applies to any company that stores your private data and is breached, whether you gave them permission to store that data or not. It does say there is an existing law in place that requires businesses notify users in the event of a breach, but this takes it even further by settings a minimum fine for each violation. I have zero issues with regulations like this being passed as it will force companies to start taking data security very seriously. Look at our current situation where our current pro-corporation and fuck consumers administration decided to have the CFPB drop any investigation into the equifax data leak..... If we don't get regulations like this passed, companies will just do what equifax did and just say 'oops' after a breach, then blame/fire some low level employee while doing nothing to fix the security problem. All while we get F'd with a sideways pineapple......
 
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Am I in some kind of a twilight zone?

I cant compute California making sense
 
It's doomed.

As long as the businesses are signed up under the SAFETY Act they are immune unless they have done something that was wrong per that act.

I mean the entire point of it was to offer immunities from just this sort of action and liability to encourage companies to share information on attacks and breaches with the federal government.

Now don't get me wrong, I wasn't for the Safety Act and thought that this was a bad approach, that it wouldn't do anything to encourage or push the industry to patch and close up vulnerabilities, and that only protecting consumer rights to sue and putting government pressure to take action would actually fix these problems.

But the Safety Act did pass and it's en force and all these businesses are going to do is go hide under the Fed's skirt and leave California enforcers without a paddle.

https://www.dhs.gov/science-and-technology/safety-act

Don't be fooled by the work terrorism and the focus of the language, it applies all the same no matter how or why a participant "seller" is hacked. As long as the company is following the Federal Cybersecurity Guidance, they are immune or at least that is my understanding.

https://www.safetyact.gov/lit/at/aa
 
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Patton187 said:
Like you feed your citizens? Californians have the highest poverty rate with all yhings factored in.
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Absolutely, they have the highest poverty rate after... Mississippi, New Mexico, Louisiana, Alabama, Kentucky, Arkansas, Tennessee, North Carolina, South Carolina, Texas, Florida, and Oklahoma. All of those are net-taker states, including Texas. California feeds their unwashed masses, as well as their own. California does all of this while building a future for them to hate out of pure, unchecked jealousy. Hate, but not so much as to refuse one of California's available teats.

I'll go ahead and assume your "factors" are similar to the ones like Texas history books teaching the civil war. You know, the propaganda of a petulant child who refuses to admit their failure is their own fault so they pretend everyone else is worse if you black math it to death.
 
Twisted Kidney said:
Absolutely, they have the highest poverty rate after... Mississippi, New Mexico, Louisiana, Alabama, Kentucky, Arkansas, Tennessee, North Carolina, South Carolina, Texas, Florida, and Oklahoma. All of those are net-taker states, including Texas. California feeds their unwashed masses, as well as their own. California does all of this while building a future for them to hate out of pure, unchecked jealousy. Hate, but not so much as to refuse one of California's available teats.

I'll go ahead and assume your "factors" are similar to the ones like Texas history books teaching the civil war. You know, the propaganda of a petulant child who refuses to admit their failure is their own fault so they pretend everyone else is worse if you black math it to death.
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Meh, just try not to step on the syringes lining your streets.
 
Twisted Kidney said:
Absolutely, they have the highest poverty rate after... Mississippi, New Mexico, Louisiana, Alabama, Kentucky, Arkansas, Tennessee, North Carolina, South Carolina, Texas, Florida, and Oklahoma. All of those are net-taker states, including Texas. California feeds their unwashed masses, as well as their own. California does all of this while building a future for them to hate out of pure, unchecked jealousy. Hate, but not so much as to refuse one of California's available teats.

I'll go ahead and assume your "factors" are similar to the ones like Texas history books teaching the civil war. You know, the propaganda of a petulant child who refuses to admit their failure is their own fault so they pretend everyone else is worse if you black math it to death.
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I'm from Texas, was educated in Texas. But I don't know what you are talking about when it comes to the Civil War and history books. Maybe you could point it out for me.

Net givers and net takers is so off the mark as to be asinine. It's not just a matter of comparing how many people are receiving assistance versus tax revenue generated. You also have to look at what the states produce. If a State can't generate GDP for shit then that's an issue, that's a lack of opportunity for the State's population.

https://en.wikipedia.org/wiki/List_of_U.S._states_and_territories_by_GDP

You can't take a soda straw view of this issue and call it a day. New Mexico has a GDP of 94 and a population of 2 million. a GDP per capita of .000047 per person, but for California it's .000065, almost a 50% increase in gross domestic product generated per person.

Gross Domestic Product (GDP) measures the total value of final goods and services produced within a given country's borders.
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In simplest terms, business is good in California, no news there, but it means there is also greater opportunity. What's more, a young person can move to California where the cost of living is much higher than any of the states you listed, and their income will sustain to difference, and that increased total income translates to much greater earning and saving potential. A professional retiring in CA can take his fat pay roll and move to Arizona or most anywhere they want and be fat and happy for life. But those who stay in these weaker States will never have the same chance and so guess what they do, they move to California is what they do.

You've heard me talk about where I am with debt, I'm almost 60, I wouldn't dare try to take a job in CA at my age. It would destroy my retirement. I could sell both houses that I own free and clear and I would still have a mortgage of at least $250,000 with no time left to make enough to pay it off. These things are all part of it. Come on, where is the equivalent of a Silicon Valley job in New Mexico? Is someone in New Mexico going to work part time and summers to pay their way through Gnomon so they can land a job with Pixar or Dreamworks like my daughter just did?
https://www.gnomon.edu/

Mostly, California’s new welfare rules for some 1.47 million recipients.....
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http://www.sandiegouniontribune.com...re-capital-of-the-us-2012jul28-htmlstory.html
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Now I can't tell if this is an estimate of the total number of welfare recipients in California, but it's obvious that it's not the total number of Californians receiving assistance because I spotted a figure of 12.5 million receiving housing assistance. The truth is, there are so many different assistance programs from State and Federal sources that it's hard to figure out just who is receiving what? But housing assistance alone exceeds the entire combined populations of several of the States you named above.

I know that many recipients are working as well. That they are not just bums on the street. I also know that any visitor to San Francisco can stumble on some surprise encounters with the homeless population and their tricks/habits, etc.

I think you make far too much of your teats is what I am saying. I also think that if you think that others in the country are jealous and hateful, well you haven't really seen what hate is. I wouldn't confuse a disparaging opinion with hate. Is there jealousy, of course, it's human nature even if it isn't one of our better qualities. Is it misplaced jealousy? Every time a big company thinks about setting up or moving a factory or plant in a State other than California you bet people in other States want to see it come their way.

I wonder, is anyone putting together numbers for all the Federal dollars that flow into all those Defense Contractor companies in California, are they adding up how much business is being done in the name of the Government in California as opposed to other States? I'm not saying that California get's more than their fair share, but I know it adds up to a great number of jobs and that California is not getting shorted on the deal.

Here is the top 9 if anyone cares to dig into it.;
http://www.businessinsider.com/the-top-9-biggest-defense-contractors-in-america-2016-5
 
@Icpiper Yup I would not recommend anyone move to cali for a job. Taxes/cost of living far exceeds the higher salaries here. Making over 6 figures in LA and still can't comfortably afford to buy a house. A POS 2B/1b that would require a ton of work is over 500k, even in crappy areas..... Would be out of this stupid state in a heartbeat if my situation allowed.
 
lcpiper said:
Snip for brevity.
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I should have been more clear about takers and payers, I was referring to the sate level, not the local or individual citizen level. Hence, California pays her own bills while Texas and a great many other states do not. Complaining about California, though, is like a child complaining that Daddy isn't buying the right food.

California's internal economic pressure is due to one of the worst economic divides on earth. I'm not claiming California is the promised land, it might be the hardest place to succeed in the entire world. I wouldn't move to California, either, the shear amount of immigration it sees means it has to add jobs at an astronomical rate just to stay ahead of its own curve.

We could debate the economic benefits of a robust welfare system until we're blue in the face.
 
Twisted Kidney said:
I should have been more clear about takers and payers, I was referring to the sate level, not the local or individual citizen level. Hence, California pays her own bills while Texas and a great many other states do not. Complaining about California, though, is like a child complaining that Daddy isn't buying the right food.

California's internal economic pressure is due to one of the worst economic divides on earth. I'm not claiming California is the promised land, it might be the hardest place to succeed in the entire world. I wouldn't move to California, either, the shear amount of immigration it sees means it has to add jobs at an astronomical rate just to stay ahead of its own curve.

We could debate the economic benefits of a robust welfare system until we're blue in the face.
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OK, so I wish I had a lot more time to go into this properly and I am really reaching for a way to cover this succinctly, tough for someone as verbose as myself :unsure:

I will easily acknowledge that California is under greater dynamic social pressures than perhaps any other State in the Union. I must always be in flux and the leadership at all levels must feel like they are all part of a fire brigade and the 4th of July just hitched up with Groundhog Day.

But I also think it is grossly unfair to draw comparisons against many of the States you mention when they just are not in the same ball park with California. Texas, Florida, perhaps. Many of the rest, not even close. In simplest terms, so much of the country, all the things that make up the USA, are centered in a few major regions.

Shit, I must go, I think you can see where I am headed, choos.
 
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