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Comment by stego-tech

6 months ago

I mean, that’s what I call “rules lawyering” in game parlance. When someone utilizes the rules in such a way as to cause legal harm in service of their own interests, regardless of the intent of said rules in preventing harm.

It’s why when a law/rule/standard has a carveout for its first edge case, it quickly becomes nothing but edge cases all the way down. And because language is ever-changing, rules lawyering is always possible - and governments must be ever-resistant to attempts to rules lawyer by bad actors.

Modern regulations are sorely needed, but we’ve gone so long without meaningful reform that the powers that be have captured any potential regulation before it’s ever begun. I would think most common-sense reforms would say that these rules should be more specific in intent and targeting only those institutions clearing a specific revenue threshold or user count, but even that could be exploited by companies with vast legal teams creating new LLCs for every thin sliver of services offered to wiggle around such guardrails, or scriptkiddies creating millions of bot accounts with a zero-day to trigger compliance requirements.

Regulation is a never-ending game. The only reason we “lost” is because our opponent convinced us that any regulation is bad. This law is awful and nakedly assaults indietech while protecting big tech, but we shouldn’t give up trying to untangle this mess and regulate it properly.

> I would think most common-sense reforms would say that these rules should be more specific in intent and targeting only those institutions clearing a specific revenue threshold or user count, but even that could be exploited by companies with vast legal teams creating new LLCs for every thin sliver of services offered to wiggle around such guardrails, or scriptkiddies creating millions of bot accounts with a zero-day to trigger compliance requirements.

This is what judges are for. A human judge can understand that the threshold is intended to apply across the parent company when there is shared ownership, and that bot accounts aren't real users. You only have to go back and fix it if they get it wrong.

> The only reason we “lost” is because our opponent convinced us that any regulation is bad. This law is awful and nakedly assaults indietech while protecting big tech, but we shouldn’t give up trying to untangle this mess and regulate it properly.

The people who passed this law didn't do so by arguing that any regulation is bad. The reason you lost is that your regulators are captured by the incumbents, and when that's the case any regulation is bad, because any regulation that passes under that circumstance will be the one that benefits the incumbents.