Should It Be Illegal To Get Hacked?

from the might-be-a-bit-extreme dept

A few years back, we asked if it should be illegal to get hacked. In that case, we were referring to some fines that the FTC had handed out to companies that had leaked data to hackers. This raised some troubling questions -- as it's often difficult-to-impossible to stop your computer systems from getting hacked, and putting liability on the company could lead to some serious unintended consequences. Yet, at the same time, over the past few years, we've heard about large security breaches on a regular basis (thanks, in large part, to new disclosure laws) -- and often those breaches definitely seem to be due to negligence on the part of a corporate IT team that failed to lock down the data in any significant manner. That seems to be leading more people down the path of saying that companies should be liable for getting hacked.

For example, Slashdot points us to a blog post at InfoWorld, where it's suggested that companies should be criminally liable for leaking such data. I can certainly understand the sentiment, but it may go too far. Again, it's impossible to totally protect a system from getting hacked. Sooner or later there's always going to be some sort of leak. Increasing penalties could make companies take things more seriously -- especially in cases of gross negligence (which do seem all too common). But making the rules too strict can have serious negative unintended consequences as well, even to the point that some companies may stop accepting credit cards altogether, since the liability would just be too great. Would people be willing to give up the convenience of credit cards to protect their safety? From what we've seen, for most users the answer would be no. They know their credit cards are at risk, but they still use them because the benefit of the convenience still seems to outweigh the danger of the risk.

Filed Under: data leaks, hacked, legal, liabilitiy


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  1. identicon
    Jack Sombra, 26 Aug 2008 @ 3:19pm

    Should be something akin to Doctors

    Just without the abuse that goes on in the medical arena:

    *If a doctor is really negligent he loses his licence
    *If a doctor is just negligent he gets sued
    *If the doctor just cannot help/save the patient due to no real falute of his own, well thats life (or death)

    Should be the same for companys that put data (and thus peoples finances/identity) at risk, with the alternative to "loseing licence" for companys being get shut down or being forced to outsource all IT to an accredited outside supplier, who tells the company what they can/cannot do and how much it will cost.

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