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Comment by bad_haircut72

11 days ago

wouldnt "Any person found to have implemented a system which violates the rights of people in xyz way will be punished with imrisonment" work ?

In what way? A business can refuse to service any individual as long as it’s not a direct violation of things like civil rights laws.

  • The whole point of a regulation is to ban something they are currently allowed to do. There was a time before the civil rights laws where you can discriminate by race, you know.

  • It's possible to understand these things as "civil rights", unless you have a very narrow and likely pejorative understanding of the term.

    • Rights don’t entirely disappear because a group of individuals decides to form a collective entity. That’s the heart of the Citizen’s United decision. If an individual can aggregate data about his customers and make a decision to not serve a known offender, then surely a group of individuals can do the same. That’s their right.

      Again, this is not discrimination if it’s done for specific individuals, even if it’s done using data collected in aggregate. Banning a protected group wouldn’t be illegal. But banning a specific person would not.

      Whether it’s legal to sell that same data as a list of undesirables is the open untested question.