Comment by lesuorac

Comment by lesuorac 8 hours ago

I don't think thats a proper parallel.

I think a better example would be You (AirBnB Host) rent a house to Person and Person loses the house key. Later on (perhaps many years later), You are robbed. Does Person have liability for the robbery?

Of course it also gets really muddy because you'll have renting the house out for those years and during that time many people will have lost keys. So does liability get divided? Is it the most recent lost key?

Personally, I think it should just be some statutory damages of probably a very small amount per piece of data.

pixl97 8 hours ago

The particular problem comes in because the amount of data lost tends to be massive when these breaches occur.

It's kind of like the idea of robbing a minute from someone's life. It's not every much to an individual, but across large populations it's a massive theft.

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lesuorac 7 hours ago

Sure and if you pay a statutory fine times 10 million then it becomes a big deal and therefore companies would be incentivized to protect it better the larger they get.
Right now they probably get some near free rate to offer you credit monitoring and dgaf.

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8note 7 hours ago

This version loses multiple parts of things that are important

1. I have no control over what was stored 2. I have no control over where the storage is

The liability in this case is the homeowner/host, as you should have and had full ability to change out the locks.

To make it more similar, I think you'd need one of the guests to have taken some amount of art off the wall, and brought it to a storage unit, and then the art later was stolen from the storage unit, and you don't have access to the storage unit.

It's not as good as the naked pictures example because what's been taken is copies of something sensitive, not the whole thing

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polygamous_bat 7 hours ago

> I think a better example would be You (AirBnB Host) rent a house to Person and Person loses the house key.

This is not a direct analogue, a closer analogy would be when the guest creates a copy of the key (why?) without my direct consent (signing a 2138 page "user agreement" doesn't count) and at some later point when I am no longer renting to them, loses the key.

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lesuorac 7 hours ago

I'm still much more interested in the answer to who is liable for the robbery.
Just the Robber? Or are any of the key-copiers (instead of losers w/e) also?

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