No it's not because SF won't be allowed to do it either. It's like a power company advocating for the banning of coal while still using it because its the cheapest option. You can participate in a practice to stay competitive while advocating for the banning of that practice.
This is unquestionably true, but it is an awful excuse to not enact any regulations. Honestly, what do people expect is the answer if the free market has already shown to fail to address this problem and we are ruling out regulation because is increases the barrier to entry?
"regulations could avoid security breaches anyway"
Translucent Databases 2nd Ed: Confusion, Misdirection, Randomness, Sharing, Authentication And Steganography To Defend Privacy http://a.co/c78Gij0
TL;DR: All demographic records are stored encrypted, are no longer retrievable if you lose the signing key. Think "proper password storage" extended to all things.
Bonus: Support for GDPR "right to be forgotten" for free. Just erase the key(s).
Edit: To be clear, I'm not saying anything about the necessity of any regulations. I'm just saying that when evaluating possible future regulations, viewing just in the light of incumbent/newcomer dynamics alone will give you absurd results.
Dow, having established cash flow and infrastructure, can trivially bear whatever these costs. These regulations were even created because Dow themselves (et al), somewhere in the middle of their life, optimized their profit by dumping in rivers.
You personally know the environmental harm and grave illegality  of improperly disposing of waste products, and your company is small enough that you can be sure everybody is of similar mind - you're focused on solving technical problems, having not yet been taken over by beancount-maximizers. But you still must pay the costs of the overbearing "compliance" paperwork designed around large amoral entities, perhaps even having to hire a dedicated government bureaucrat fresh out of law school. This is the gatekeeping-legislation dynamic people complain about.
 Which given your corporate size and lack of TBTF, would be a criminal penalty rather than a civil wrist slap.
Any business leader who has studied the tobacco industry would do this.
This becomes even more true as machine learning becomes more and more important. The first movers have a strict advantage over later entrants simply because of the amount of data.
As it is, the large players like Facebook, google, Salesforce and a bunch of others like our banks, credit card companies, internet providers are all extremely well established.
A GPDR-like law would open up entirely new ways of doing business partly because these companies could no longer do business the way they are. “Free” services could no longer make their money by selling your data.
We could end up with a more “honest” set of services. Like a social network that’s actually free or paid for by individual contributions.
You're completely disregarding the fact that it takes significant resources to comply with a law like GDPR. Insurance to defray the costs of potential litigation and fines, development time, ongoing compliance (audits etc.), legal expenses, and on and on. Most startups simply can't afford this.
So you may wind up with more "honest" services, but there will be far fewer of them and they'll have more power and leverage than they ever have before because of the lack of competitors and artificial, enormous regulatory barriers to entry. GDPR is a startup killer.
"Insurance to defray the costs of potential litigation and fines, development time, ongoing compliance...GDPR is a startup killer"
That doesn't have to be the case. The law could easily carve-out a "safe harbor" of sorts for companies that commit to not gathering or storing any but the most basic information about their visitors.
"... there will be far fewer of them and they'll have more power..."
Or existing companies could loose a lot of power and leverage because their business-model doesn't makes sense. New ones could pop-up in their place.
I'm more than willing to give up tyrants like Facebook and Equifax for the right to control my own private data.
Privacy is good, long live disruption!
You’re missing the point. These “tyrants” can fully afford to comply (while paying scores of legal staff to scour the law to find and exploit every possible loophole), but startups can’t. That means no competitors will be able to emerge and challenge them. These companies will still be able to do much of whatever they want simply because consumers won’t have a choice. GDRP consolidates market power in the hands of entrenched competitors that can afford to comply.
Privacy is good. Killing the ability for startups to compete is bad.
I mean, it’s not like Facebook and Google aren’t already big enough to smother would-be competition in the cradle. In the other scenario competition may still be smothered, but I still get some regulatory privacy protections.
EDIT: Also, as a matter of principle, I’d gladly see dozens of startups burn if it meant broad privacy protection were enacted.
GDPR compliance and "trampling your privacy" are not remotely related. GDPR is massive overkill and unnecessarily burdensome.
I’d gladly see dozens of startups burn if it meant broad privacy protection were enacted.
EU startups will burn - not dozens though, hundreds or thousands of them - and even more will never get the funding to start because no one wants to invest in a business that can be killed instantly by massive fines at the whim of the government. US startups will thrive because they are not subject to GDPR if they don't target EU customers, even if there is some incidental EU traffic to their sites. I don't have to protect your information GDPR style on my US site, even if you are from Germany, as long as I'm not actively trying to get people from the EU to my site. But most sites outside the EU will just block EU traffic anyway (which is what we decided to do). So enjoy your new, smaller Internet with companies that will "trample your privacy" anyway because you have no competitors to go to for their services. Yes, you will be informed about what they're doing in vague terms, and yes you will have given them "informed consent"....but is it really consent if you have to give it because there are no alternatives?
Again, most “new innovative” companies can’t afford to comply with laws like GDPR.
Disruption is startup paradise.
On top of that, the technical controls were actually expensive to implement. The issue is not that consent is hard to revoke or that data is hard to delete. It's that everything needs to be auditable. Under a strict reading, you need to have an audit trail of every processing activity. Anytime a user profile is edited for any reason, even just an automated removal of whitespace, is supposed to be auditable and made notifiable to the user. Anytime you refresh a user's Instagram stats, you need to have an audit of that. Most companies don't go this far, but it's a huge risk to do anything less because we don't know what fines are going to look like in practice yet.
You’re saying this based on what exactly? Have you actually been in charge of trying to comply? I have. For us, it was going to be a 7 figure endeavor (upfront, and then 6 figures/yr for ongoing compliance, insurance, etc.) and we are pretty small (a few million visitors/mo spread across several sites). We made the decision to just block EU traffic, even though we have been advised that GDPR probably doesn’t apply to us anyway. I can’t have one of the 28 countries that GDPR applies to randomly decide that it applies to me because they’re a little short on tax revenue that month, then have an expensive legal fight that will end in a multimillion-dollar fine anyway.
Those were just on the first page of Google. There are hundreds of others. That's not even counting my own experience with it.
For example, Facebook is going to force everyone to opt-in to accept the status quo while remaining in GDPR compliance:
Good luck doing that if you are a startup!
- data you give it (birthday, religion, likes)
- data it learns about you. (ad tracking, habits, demographics)
facebook built a developer tool that let app developers ASK USERS for "data you gave it"
users clicked YES when prompted with the question, GIVING the app developers the data. Cambridge Analytica NEVER got to touch "data facebook learned about you."
the way the developer tools were designed, when you gave the app access to your facebook account, it could look at things YOUR FRIENDS had made avaliable to YOU. The app could act as you, and see what you see. You can never see "data facebook learned about your friends."
The issue is, people couldnt trust their friends not to click "SHARE DATA." The issue is IF its inappropriate for apps I install to see data shared with me by my friends. Once facebook learned this ability was being misused, they shut it down, back in 2014.
Core Salesforce is a company data store often requiring human data input. It’s where your information goes when you fill out a “Contact us” form on somebody’s website.
If the starting table stakes to get started becomes GDPR-style compliance infrastructure that takes 3 engineering man years to implement properly, then new companies will happen less, which means less future competition for the incumbent.
It's using the legal system as a tool for their competitive advantage -- force everyone to do the thing you're already doing.
> Are those things we want other companies to be doing, though?
Apparently if someone got successful doing something bad once, we're supposed to be OK with people doing that bad thing forever, lest we risk some "regulatory capture" boogeyman.
The solution to regulatory capture is an actual solution to regulatory capture, not a general aversion to regulation.