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Losing Personal Info On A Laptop Could Get You Charged

E5Rebel writes "The UK's data protection watchdog has called for legislation that would punish corporate or government officials with access to the public's personal data ... who lose it. Unencrypted laptops with this personal information which are lost or stolen will see their owners facing criminal charges. 'HM Revenue and Customs is among the organisations that have recently suffered high profile data security breaches as a result of laptops being lost or stolen. The HMRC laptop containing taxpayer data was encrypted - but other organisations have often failed to encrypt their machines.'"

199 comments

  1. About Bloody Time by ickoonite · · Score: 4, Insightful

    Might make these idiots think before going out on a piss-up on the way home and taking the laptop with them, then losing it. Legislation like this - which actually takes people's privacy seriously and does something about it - is something we could use more of. And I don't normally hear myself clamouring for new law...

    :|

    1. Re:About Bloody Time by FredDC · · Score: 3, Insightful

      I agree if evidence indicates that they were fully aware of the risks involved, and what steps could/should be taken to prevent it from happening. In that case they should be held fully accountable for their actions and allow the people who's data they lost to stone them or something!

      However, I believe a lot of the cases where sensitive data is lost, happen because the person losing them wasn't educated enough about the risks involved and the security needed to lower the risks. In this case their employer is fully responsible and they should be held fully accountable for their actions. By paying huge sums of money to the people who's data they lost for example!

      Countries should extend exisiting laws and create new ones that make this a very serious crime, as the implications of losing sensitive data can be quite tremendous to the person who's data is lost in today's world.

      --
      09 f9 11 02 9d 74 e3 5b d8 41 56 c5 63
    2. Re:About Bloody Time by Anonymous Coward · · Score: 5, Informative

      What a vague rant. Near as I can tell, you disagree with punishing people who break the law, think that when people break the law there's "no recourse", and confuse media hysteria over gun crime with the actual facts (the whole of the UK has about fifty fatal shootings per year, hardly a crime wave).

      Did you actually have a point, or did you just want to rant against the English? Do you even know the difference between England and the UK? I see no reason to single out the English for UK policies.

    3. Re:About Bloody Time by TheVelvetFlamebait · · Score: 4, Insightful

      Now, the government quickly goes and blows that heavy cash they steal from everyone as taxes
      Paying taxes are completely 100% optional! You don't have to pay for our society, and society won't protect you! So, if the courts want to arrest you for no reason, they can because you don't own any part of them. They could, in theory, dress it up as "tax evasion", but if you consciously refuse to pay society's dues, it doesn't really matter what label they give it.

      Oh what, you don't like protection money rackets? If only there were a group of people who could protect you from injustices like that...
      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    4. Re:About Bloody Time by ickoonite · · Score: 2, Insightful

      I must echo the view of the sibling post who asks whether you actually have a point. If you did, you have clouded it with so much anti-English (do you mean British?) rambling that it is impossible to make out what that point was.

      To respond to your point about "fine-working legislation", we are doing quite nicely thank you very much. Crime has in fact fallen, but you would never know it from the hysterical media reporting, and for that reason, crime is, alas, perceived to be on the rise. It is in fact these perceptions, and the political responses thereto (pandering to fears by mandating longer sentences, etc. - something which is to be condemned) which are far more problematic than our restrictions on gun ownership. One cannot help but observe that the peculiar American fear of gun control - one presumes it stems from deep-rooted insecurities about power, feelings of inadequacy and the belief that a man without a gun is impotent - has caused far more harm than European efforts to take guns off the streets.

      Something to ponder, anyway, next time you mouth off about "England".

      :|

    5. Re:About Bloody Time by Anonymous Coward · · Score: 0

      Do you even know the difference between England and the UK?
      Presumably he/she is American, in which case the answer is probably no. A lot of them also seem to have trouble distinguishing London from England.
    6. Re:About Bloody Time by Anonymous Coward · · Score: 0

      Does this cover Ministry of Defence officials who leave them in an unlocked car?

    7. Re:About Bloody Time by phsdeadc0.de · · Score: 1

      Legislation like this - which actually takes people's privacy seriously and does something about it - is something we could use more of.
      Yeah, right.. While I agree in principle, praising the UK's legislation because it values privacy so much just doesn't feel right.
    8. Re:About Bloody Time by PrinceAshitaka · · Score: 4, Insightful

      Ignorance should not be a defence in crimminal procedings. Especially when related to the prosecution of goverment pesonell.

      --
      quis custodiet ipsos custodes
    9. Re:About Bloody Time by Anonymous Coward · · Score: 1, Insightful

      So you think it's reasonable to expect anybody who works with a computer to be able to tell whether information is stored securely or insecurely on a laptop, without any special training?

      The companies should hire people who can show that they have been trained in these matters, or they should train their employees themselves. Untrained employees who lose data make the company liable. Trained employees who lose data are liable themselves.

      And seriously: were you drunk when you wrote that? You seem borderline illiterate.

      • criminal
      • proceedings
      • government
      • personnel
    10. Re:About Bloody Time by Anonymous Coward · · Score: 0

      True, for most of them it would equal immunity.

    11. Re:About Bloody Time by Tim+C · · Score: 1

      Privacy from private companies, not from the government or law enforcement.

      Unfortunately my country has become mired in the fear of terrorism. Decades of threat from the IRA and we never thought anything like that was necessary. Suddenly the people committing the crimes have funny names, languages and religions as well as funny accents and we're over-reacting left right and centre...

    12. Re:About Bloody Time by Wellspring · · Score: 1

      And when data is cached in a DLL or cache directory? There are lots of ways to scoop data out of a laptop that isn't necessarily encrypted, but isn't in an obvious place either. I'm virtually certain that such a law could be used to prosecute virtually anyone whose laptop is stolen.

      Not that gov't personnel should be allowed to bring data in the clear home with them, but we have to recognize that such a law could be grounds for gross abuse.

    13. Re:About Bloody Time by diersing · · Score: 2, Insightful
      To really enforce it, it has to become part of the employment agreement. I for one, after reading that human error not resulting in bodily harm could lead me to jail would pause.... and ask for danger pay. After all, with risk comes reward.

      But the better solution would be technical and prevent any ONE user for gathering personal data on more then X number of people. There is no valid reason a user should be walking around with a copy of the DB with personal data in it. If anything, it should be but on a hardened server only accessible from the internal network and require 2-factor authentication.

      Don't punish the end users who are working with a poorly designed system, fix the system.

    14. Re:About Bloody Time by Anonymous+Brave+Guy · · Score: 2, Insightful

      That's a neat-sounding argument, except that only a tiny amount of the tax we pay goes into the kind of protection you're talking about, and they're not particularly effective as physical protection even then.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    15. Re:About Bloody Time by mikael · · Score: 2, Insightful

      Why on earth are they storing such critical data on a laptop in the first place? If they wanted a local copy, they could store it on a external USB drive and carry that around in their pocket whenever they had to leave the laptop behind. Even better, can't they just have an encrypted VPN from their home office to their work place?

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    16. Re:About Bloody Time by oliverthered · · Score: 1

      If only there were a group of people who could protect you from injustices like that...

      There called mercenaries or terrorists and they probably cost a lot less than most people pay in taxes.

      --
      thank God the internet isn't a human right.
    17. Re:About Bloody Time by morgan_greywolf · · Score: 3, Funny

      Presumably he/she is American, in which case the answer is probably no. A lot of them also seem to have trouble distinguishing London from England. Don't be ridiculous! Everyone over here knows that London is in France!
    18. Re:About Bloody Time by FireFury03 · · Score: 1

      If they wanted a local copy, they could store it on a external USB drive and carry that around in their pocket whenever they had to leave the laptop behind.

      Yes, because it's so much harder to lose a USB pen drive than a laptop...

    19. Re:About Bloody Time by Ephemeriis · · Score: 1

      If they wanted a local copy, they could store it on a external USB drive and carry that around in their pocket whenever they had to leave the laptop behind.
      Seems to me it would be even easier to lose a tiny little thumb drive with incredibly valuable data on it than an entire laptop... Unless it was maybe attached to them with some like of a locking lanyard/bracelet type thing. But I don't really see how moving it to an even smaller and more portable media would make it less likely to get lost.

      Even better, can't they just have an encrypted VPN from their home office to their work place?
      This is exactly what they should be doing. Keep all the data in a central location, never let it leave the building, and if you need to access it remotely you can do so with a VPN. That's what we do for our customer documentation... It all stays on the server and if you need to look something up you log in with a VPN. And we're just a little IT shop in the middle of nowhere...you'd think Government Agencies would have figured this out.
      --
      "Work is the curse of the drinking classes." -Oscar Wilde
    20. Re:About Bloody Time by mgblst · · Score: 0, Troll

      Yes, damn then and there taxes, it doesn't cost that much to build a road, rail, telecommunication system. It is all just a joke.

      If you ever happen to use the roads, or catch a train, or use a phone, or watch tv, why don't you think about how much it would cost you alone to build any one of those things. Even is you collected all the taxes you will pay in your lifetime, you wouldn't be able to afford a road to the next village. People like you are a joke. Fuck of then, and live in the forest, where you don't have or need to pay taxes.

    21. Re:About Bloody Time by RulerOf · · Score: 2, Interesting

      Would it not seem a bit more clever to actually punish those who actually LOSE the data?
      No, it wouldn't. If I start working for the U.S. government in, say, the IRS, and I am provisioned a laptop, the machine is my responsibility.
      The following are NOT my responsibility:
      1. Password Complexity Requirements
      2. Full Hard Disk Encryption
      3. Data Stored on the HDD as Opposed to a VPN/Terminal Server
      4. Data Stored on the HDD in the First Place

      The previously listed items are the responsibility of the CTO or CIO of whatever business or organization that provisioned the laptop. In this case, if I were to lose the laptop that had been provisioned to me, it would be the IRS's fault, NOT mine for any resulting data breach. That doesn't change the fact that I should be severely reprimanded (or fired) for losing company/gov't property, but I should never have to be responsible for data security policies that I don't need to understand to do my job.
      --
      Boot Windows, Linux, and ESX over the network for free.
    22. Re:About Bloody Time by Tim+C · · Score: 1

      There called mercenaries or terrorists and they probably cost a lot less than most people pay in taxes.
      I would have thought that the average mercenary would be paid on a par with the average soldier, which again is probably on a par with the average for any given profession. Therefore hiring a group of mercenaries, all of whom expect to be paid, supplied, equipped, etc is going to cost far more than the average person earns, let alone pays in tax.

    23. Re:About Bloody Time by Stooshie · · Score: 1

      ... They're called mercenaries or terrorists and they probably cost a lot less than most people pay in taxes ...

      They only cost less than taxes until someone pays them more and they stop protecting you.

      --
      America, Home of the Brave. ... .and the Squaw.
    24. Re:About Bloody Time by BVis · · Score: 1

      So you think it's reasonable to expect anybody who works with a computer to be able to tell whether information is stored securely or insecurely on a laptop, without any special training?
      What, exactly, is unreasonable about that? You wouldn't leave your wallet in plain view on the seat of an unlocked car, right? I can't understand why people find this so fucking difficult to wrap their heads around.

      The companies should hire people who can show that they have been trained in these matters, or they should train their employees themselves.
      What "training"? Does "Don't put this information on your laptop" really require a class? If they don't understand when information is on their laptop and when it isn't, why are they being hired to do anything more complicated than empty a trash barrel?

      Tolerance of people's incompetence with regard to computer/information security has gone on long enough. Time to look both ways before you cross the street, kids. (Now if we could just make it legal for these twits to be flattened by a bus when they fuck up like this..)
      --
      Never underestimate the power of stupid people in large groups.
    25. Re:About Bloody Time by gmack · · Score: 2, Insightful

      I suspect that the result of this law will be that more laptop thefts are covered up and not reported.

      This means the police will be less likely to recover the laptop before the data gets discovered and sold.

    26. Re:About Bloody Time by oliverthered · · Score: 2, Funny

      rich people employ mercenaries, poor people employ terrorists.

      --
      thank God the internet isn't a human right.
    27. Re:About Bloody Time by Anonymous Coward · · Score: 2, Interesting
      While the GP is clearly delusional, I am not going to let your sweeping generalization go.

      One cannot help but observe that the peculiar American fear of gun control - one presumes it stems from deep-rooted insecurities about power, feelings of inadequacy and the belief that a man without a gun is impotent Citezen-owned guns sure were helpful in the war of 1812 though, eh?

      The problem with the US that many foreigners can't seen to grasp is that it is like many countries, but without borders. There are places that are nothing like New York City, which are much more wild than anything you'd find in the UK. Where I grew up, we have bears, wild cats, and (now recovering) wolves. You'd be a fool to go out into the woods for more than a short walk without some sort of a weapon. So, we can buy weapons. The problem then is that people take those to cities, where admittedly there shouldn't be any guns. In most cities, its quite illegal to have any gun unless you have a special permit (law enforcement, etc). Without border checkpoints however, it is rather difficult to stop guns from entering the city. When I was in Germany, the press was going nuts about a *single bear* entering German soil in the mountains. They shot it. So, I guess you can have a safe gunless society if you are willing to ruin nature. Should we be doing that in Alaska? Or should we pass gun laws that prevent even Alaskans from carrying guns? Gets a bit more complicated, doesn't it?

      One good example of a relatively gun-safe nation which hasn't totally ravaged its large natural predator population is Canada. Of course, they do allow many types of guns, but the cities have remained largely safe. Unfortunately, the gun-crime rate there is increasing steadily, so its unclear if they are ultimately safer, or just behind the US. It may be a bit of both. Organized crime and gangs are growing there so that certainly won't help.
    28. Re:About Bloody Time by Volante3192 · · Score: 1

      And it's not your fault the baby seat didn't have a beeper letting you know you put it on top of your car before driving off.

      Frankly, it's about time people started being punished for being stupid and careless. This whole "it's not MY fault" reeks of people being unable to take responsibility for their own actions. Let's up the ante and add in accomplice to fraud, as you're enabling the data theives with information...

    29. Re:About Bloody Time by Anonymous Coward · · Score: 0

      You're right! Also, it's the best way up the corporate ladder. Grab your boss's laptop, let him face charges plus the bonus of most likely being fired: then advance.

      Keep doing so until you're no longer required to work. Just keep your own laptop safe.

    30. Re:About Bloody Time by DaedalusHKX · · Score: 1

      You really should read up on contracts. Generally a merc's word will hold, though there are bad apples. If you're rich enough to hire mercs, you're rich enough for them not to screw you over :) You're also rich enough to influence governments so despite the "protection" racket, you're one of those who A) does not pay for it, and B) gets the TRUE full protection government can provide. Regardless of whether you live under socialism, communism, fascism or theocracy. Depending on which of those you live under, you are either a "philanthropist", a "people's party leader", a "business tycoon" or an "imam", "ayatollah", "pope" or "rabbi." They all mean the same thing, they just each fleece you a different way in exchange for the right to serve them willingly.

      --
      " What luck for rulers that men do not think" - Adolf Hitler
    31. Re:About Bloody Time by DaedalusHKX · · Score: 1

      Government spending provides crappier roads. I say give it up to those who benefit from it to maintain it. Don't create "road maintenance" bureaucracies, we've already seen how bad it got with Bell Atlantic and its surviving Baby Bells. No, give it to the oil companies. They want to maintain the roads to keep selling gas, lettem do it, then only those who use roads or benefit from their use will pay. You want to use a road, pay for gas, you want to buy goods shipped on a road, you pay for it through the costs of things. NO tax can work, but nobody in government wants to try it, they'd have to actually be productive to survive the change. Highly unlikely.

      --
      " What luck for rulers that men do not think" - Adolf Hitler
    32. Re:About Bloody Time by Tychon · · Score: 1

      The average mercenary, with emphasis on average as a good one would ask for a hell of a lot more, makes between $1,000 and $2,500 per day, depending on the situation and prior experience. While I couldn't say for others, my taxes certainly don't come to anywhere near this, so I think I'll stick with the taxes for now.

      The average terrorist is a tad unreliable and typically has the inclination to just gut you and take the money. Many people do associate tax collectors with having their wallets stabbed, but many people would also rather their wallet than their kidney.

    33. Re:About Bloody Time by Bloke+down+the+pub · · Score: 3, Insightful

      Citezen-owned guns sure were helpful in the war of 1812 though, eh?
      But they sure weren't facing tanks and helicopter gunships.
      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    34. Re:About Bloody Time by UseTheSource · · Score: 1

      The problem with the US that many foreigners can't seen to grasp is that it is like many countries, but without borders. There are places that are nothing like New York City, which are much more wild than anything you'd find in the UK. Where I grew up, we have bears, wild cats, and (now recovering) wolves. You'd be a fool to go out into the woods for more than a short walk without some sort of a weapon. So, we can buy weapons. The problem then is that people take those to cities, where admittedly there shouldn't be any guns. In most cities, its quite illegal to have any gun unless you have a special permit (law enforcement, etc).

      You're entitled to your opinion, but the right to have guns in the US isn't even remotely intended to provide protection from predators in the wild. It's not even about hunting. Like it or not, the Second Amendment guarantees (not grants) an individual right to bear arms in defense of oneself and their state, country, etc. I say it guarantees and doesn't grant, because the right to have the means available for self-defense was considered to be an inalienable right by the founding fathers. The government can't 'grant' a right that is assumed to already exist. As a last resort, it provides a check against the government becoming too powerful.

      Sure, there are other applications such as hunting and protection from large, four-legged predators, but the Second Amendment is primarily about protection from two-legged predators. If you believe that guns don't belong in cities, that's your opinion and you're entitled to it. Just don't tell me I can't legally carry my sidearm when visiting large, crime-ridden urban centers where I'm more likely to actually need it. I live near Philadelphia and have the need to travel through, sometimes into the city to visit family. In case you're not familiar with current events here, the murder rate is at an all-time high.

      --
      "Ein Volk, ein Reich, ein Führer." -Adolf Hitler
      "We are one Nation, we are one People." -The One 'leader'
    35. Re:About Bloody Time by edittard · · Score: 1

      But I don't really see how moving it to an even smaller and more portable media would make it less likely to get lost.
      I do, at least if it's so samall it's not an encumbrance: you'd be considerably less likely to put it down and then leave it on a train or in a taxi. One of the guys here wears one like a pendant. Unless he intentionally takes it off it stays so long as his head does.
      --
      At the bottom of the /. main page it says 'Yesterday's News'. Well they got that right.
    36. Re:About Bloody Time by Ephemeriis · · Score: 1

      I do, at least if it's so samall it's not an encumbrance: you'd be considerably less likely to put it down and then leave it on a train or in a taxi. One of the guys here wears one like a pendant. Unless he intentionally takes it off it stays so long as his head does.
      I guess that could work... Personally, I've lost more flash sticks than I can count. It's a good thing I don't keep anything important on them...
      --
      "Work is the curse of the drinking classes." -Oscar Wilde
    37. Re:About Bloody Time by Anonymous Coward · · Score: 0

      Like it or not, the Second Amendment guarantees (not grants) an individual right to bear arms in defense of oneself and their state, country, etc.

      You are engaged in wishful thinking. Read the second amendment. It says nothing about defence of oneself or one's country. The only security mentioned is the security of the state, something that the civil war proved was obsolete.

      If you want the right to carry guns for anything other than the purpose of defending your state, then by all means pass a constitutional amendment guaranteeing that right. But don't pretend that the second amendment does so, it clearly does not.

    38. Re:About Bloody Time by Bearhouse · · Score: 1

      Especially as UK policies are mostly dreamed up and implemented by Scots...who also have their own parliament, where non-Scottish MPs cannot vote, although they can vote in the UK Parliament. Meanwhile, back on topic.

      1. REALLY punish the bastards who steal personal data - even if 'just for fun'.
      2. Adequately compensate the people who suffer from data theft.
      3. Punish the people who make it possible for people to lose the data, (by not issuing them with good encryption, and training and monitoring them in secure procedues).
      4. Punish the people who lose the data through negligence or stupidity.

      Sort of in that order of importance.

      Looks like since they've failed to do 1, they'll move right on to 4....why? Cheap and easy.
      Oh, you've lost your laptop? You're GUILTY! Go straight to jail, do not pass go..

    39. Re:About Bloody Time by Anonymous Coward · · Score: 0

      Um, what makes you thing they *actually* lose the laptop. These people have probably either sold the personal information to organized crime interests, or have had their "secure" network penetrated by hackers and won't admit it. The "stolen" laptop is just a smokescreen to hide what really happened.

      Hell, putting sensitive information (of any sort) on a laptop is pretty stupid. One must wonder why is is done.

    40. Re:About Bloody Time by Bastard+of+Subhumani · · Score: 1

      Personally, I've lost more flash sticks than I can count.
      You probably dropped them in the fryer.
      --
      Only three things are certain; death, taxes, and apocryphal quotations - Ben Franklin.
    41. Re:About Bloody Time by RulerOf · · Score: 1

      Companies have IT staffs for a reason. They make the computers work so that people can use them to complete tasks. It is not the responsibility of a worker to know or understand how to encrypt data. That is the responsibility of IT. IT secures the data and presents it to workers in a usable yet secure fashion. Therefore, if data is not secure, it is the fault of IT, not the worker that uses the equipment. Furthermore, because IT departments are usually run by a CTO/CIO, it is most directly the responsibility of that particular person to have secured laptops.

      People want to point blame at various different scapegoats every time a laptop with confidential data is stolen when it's a useless argument. For example: San Francisco SSA Worker's laptop stolen? Data compromised? Fire (and charge) the San Francisco SSA's CTO. It's his department, his approval, his provisioned equipment, his fault. Laptop thefts are an eventuality. Not an outliar.

      --
      Boot Windows, Linux, and ESX over the network for free.
    42. Re:About Bloody Time by Smauler · · Score: 1

      Back to the article in question. It seems to me that these politicians in England, who are so well known for other fine working legislation (gun control, now knife control, myriad cameras covering every angle and yet robberies and home invasions are supposed to be at an all time high in London alone, and fear of "gun crime" is at a high, despite the fact that everyone who could be disarmed HAS been disarmed of everything but their teeth, fists and shoes, and cops are shooting disarmed and subdued Brazilian electricians in the head repeatedly... forget the queen, God save England :) With lawmakers and enforcers like that, who needs enemies? No surprise though, they're going to make yet ANOTHER Malum Prohibitum, and nobody's going to stop them, cuz "Goddamit they're English and they're Damn Proud Of It!!"

      What on earth is your problem with England? This is just a hate filled rant with content randomly thrown in, lots of which is wrong. Your characterization of Queen loving, shoot before asking questions Brits is just weird. Have you ever met anyone from England?

      Nearly everyone in England thinks that the lack of prosecution of the police in the Jean Charles de Menezes case was wrong. The police should have been brought to justice.

      Most people don't care about CCTV everywhere. That's because most people realise that public places are public places, and know that it is _anyone's_ right to film them in public places, including the government. (Many people think the CCTV is basically a waste of public resources though).

      Robberies and home invasions are actually down, last time I checked. I'm not sure what your point was about London alone.

      Police in England are generally much more approachable than in other countries I've been to. From what I've seen and heard of US police (I've never been there), there is no comparison. Normal people are not scared of the police here (yet).

      You missed pertinent points that would support your rant too, for example it's not just fear of gun crime that has increased since the ban on hand guns, gun crime itself has about doubled since the ban on hand guns in 1997.

      Anyway, screw god, screw the queen, I'm just English. I didn't vote vote for the current government, and am still proud to be English.

      Back to the actual discussion, and your main point... Making individuals pay for poor corporate policies does not change corporate policies. Punishing the corporations when their poor corporate policies lead to problems such as this does. Corporations don't really care about their employees most of the time - if they can make a scapegoat of someone who makes a small mistake, they will. They won't change the way they work until it starts hitting them financially. That's how corporations work.

    43. Re:About Bloody Time by Bastard+of+Subhumani · · Score: 1

      Government spending provides crappier roads.
      Crappier than all the ones you've built?
      --
      Only three things are certain; death, taxes, and apocryphal quotations - Ben Franklin.
    44. Re:About Bloody Time by mikael · · Score: 1

      I definitely agree that it is going to be just as easy to lose something like a memory stick, as to lose a laptop. Memory sticks get misplaced (unless maybe they are attached to something important like house keys). Laptops have become "lost" because they were left in the car or office and then stolen (as they were too heavy to carry). Memory sticks (like pens, pencils and erasers) get lost because they are very small and get misplaced under other objects or fall out of pockets. CD's aren't that much better because people seem to lose them whenever they open or close their car doors - maybe once a week I'll see a CD on the road that has been lost by someone.

      The most convenient size seems to be something that is small enough to fit into a pocket and won't be lost, while heavy enough so that it won't fall out or be lost on a desk.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    45. Re:About Bloody Time by DaedalusHKX · · Score: 1

      Corporations are government vehicles for eschewing responsibility (also for protecting one's assets, but that's a different story, since it moves the assets into the ownership of the tool of the government, which is basically only as valid as the government that issued it or upholds it.)

      That being said, I think it'd make people's mistakes less doable, and make people more responsible to be punished IF the damage can be linked to them. Have the corpo pay half fro being stupid enough to allow that sort of data to walk off, and the idiot with the lost laptop the other half. Seriously, if nothing is lost, who gives a damn, write it off, and done.

      Government has seen that it is being cut out of the next great protection racket and they're dying to get in. As for me, I have no need of it :)

      PS - I'm still waiting for a gun to load itself, jump out of its holster and start blasting away. If that happens I'll be the first one filing a report of "gun crime" :) (I understand what you said, I'm merely enjoying good humor at the term "gun crime".)

      --
      " What luck for rulers that men do not think" - Adolf Hitler
    46. Re:About Bloody Time by DaedalusHKX · · Score: 1

      I drove around Washington DC for several years. They still haven't fixed those roads, despite non stop construction. Those projects are meant to keep going, not to accomplish anything. For all the socialism here, the reds in the west could learn a lot from the reds in the east. Those commies at least get things done quickly and well.

      As for the potholes around DC, part of it was fixed with Virginia highway funds. And the fun part? Now they've passed a law that puts $1000.00 speeding, seatbelt and noncompliance tickets on the books, but ONLY against Virginia residents. Interesting that it was a socialist who got that bill authorized, the fascist, until now, had shot that bill down each time (about his only saving grace). Every time "the people's voice is heard" things get worse, government gets bigger, gets more powers and swallows up yet more rights. Now a cop can stop you and make up a charge and as usual, you can't fight it, but now you get to pay quadruple for an infraction. Nobody harmed but the citizen.

      Wait, I know this one. "SURPRISE!!"

      --
      " What luck for rulers that men do not think" - Adolf Hitler
    47. Re:About Bloody Time by tompaulco · · Score: 1

      Frankly, it's about time people started being punished for being stupid and careless. This whole "it's not MY fault" reeks of people being unable to take responsibility for their own actions. Let's up the ante and add in accomplice to fraud, as you're enabling the data theives with information...
      While generally I agree that people need to take more responsibility, every stolen laptop situation that I am familiar with was one that the employee could not have helped. In one case, a laptop was sitting on the employees desk, and someone (probably one of the construction workers onsite at the time) decided take it. In another case, two laptops were stolen out of the trunk of a rental car while they were in a McDonalds. In another case, a laptop was stolen from inside a locked hotel room. In yet another, a laptop was stolen from next to a chair in a crowded hotel restaurant while the employee was 10 feet away getting an item at the breakfast bar.
      While a careless employee should be punished for losing his laptop, in all cases of theft that I have been familiar with, proper care was taken. Furthermore, if data was removed from the laptop, then it is not the fault of the user, but of the IT policy which the user has no control over.

      --
      If you are not allowed to question your government then the government has answered your question.
    48. Re:About Bloody Time by Smauler · · Score: 1

      My point really was that corporations have to take at least most of the blame. Numpties who screw up will occur in any organisation, no matter how well it is run. However, the corporation needs to have a system in place to either not let them screw up, or minimise the damage when they do. Many corporations just blame the current numpty, and then go and hire another one.

      Corporations are more and more less restricted by national boundaries - Individual government regulations do not work very well for multinationals.

    49. Re:About Bloody Time by Volante3192 · · Score: 1

      Is it the policy of the IT department to handcuff the laptop to a user? No.

      It should be No One Else's responsibility for you to keep track of your company's laptop. It is Your fault it was lost. Period. Is that so difficult a concept?

      At this point, the IT department rolls out the email correspondence between their guys and Accounting, where Accounting says it would cost too much to roll out full drive encryption, gps trackers, yadda yadda. By your reckoning, is it now the Accounting department's fault that the data got compromised? Accounting pulls out sheets showing Sales missed their targets by millions, effectively cutting every budget. Is it now Sales' fault? Oh wait, it's because customers didn't buy their shit. It's the customer's fault the data was compromised!

      (Snaps wand, Reducto ad absurdum!!)

      All bullshit. It's the fault of the person who was in possession of the laptop at the time it was stolen.

      Now, if the data was intercepted in, say, a man-in-the-middle attack, while the user was in full possession of said laptop, then we can hang the IT dept out to dry.

    50. Re:About Bloody Time by Volante3192 · · Score: 1

      I rarely take my laptop out in public... (oh the irony) but I'd never let it out of my possession. Would you leave your wallet on a table 10 feet away? Briefcase? Laptops have these spiffy tote bags these days...

      Only one of those I can cut slack to is the locked hotel room, maybe the rental car depending where they were and what type of car. (BMW Z3 in Detroit? Toyota Corolla in Mission Viejo?)

      Maybe someone needs to invent a car alarm for a laptop with a little gyroscope. If laptop's been moving for 5 minutes without a password punched in, it starts blasting out Spice Girls or Hannah Montana... hmm...

    51. Re:About Bloody Time by UseTheSource · · Score: 1

      I guess I'm feeding a troll, but you are wrong. First, in a consistent reading of the Bill of Rights, the first clause ("A well-regulated Militia being necessary to the security of a free state,") is not a qualifying statement, but is there to highlight the main benefit stemming from the application of the right (common defense). Also, in the parlance of the day, well-regulated meant well trained and supplied, not the connotation it has today. If the Second Amendment didn't enumerate an individual right, the second clause would not read: "the right of the people to keep and bear arms shall not be infringed," but would say the right of the government, state, national guard, whatever and not the people.

      As a supporting example of this, the First Amendment mentions "or of the press"... Is one to construe from this, that application of this aspect of freedom of expression is restricted to only card-carrying members of the press? In other words, the benefit of the Second Amendment is a well-regulated militia, but membership in an organized militia is not a prerequisite for exercising the right to bear arms, any more than membership in a news outfit is a prerequisite for exercising one's freedom of the press.

      Further, the Bill of Rights was specifically added to preclude the government from infringing on the rights of the people. Why would all the other amendments in the Bill of Rights, including the 10th refer to individual rights, but not the 2nd?... And in a document whose express purpose is to enumerate individual rights?

      You may wish to read the Second Amendment differently, but the intent of the drafters of the Bill of Rights is clear. Have a read of the Federalist Papers and personal correspondence amongst the founders as to their intent.

      One other interesting tidbit, are the state constitutions which incorporated the right to bear arms around the same time as the Bill of Rights was ratified. The intent was the same, but the wording is a little different in some cases. For example, the PA State Constitution reads, "The right of the citizens to bear arms in defense of themselves and the State shall not be questioned." The wording varies among the states that have this clause in their constitutions, but they are all in the same spirit. Many of the state constitutions were drafted by the same people involved in the Bill of Rights.

      --
      "Ein Volk, ein Reich, ein Führer." -Adolf Hitler
      "We are one Nation, we are one People." -The One 'leader'
    52. Re:About Bloody Time by Fulcrum+of+Evil · · Score: 1

      To respond to your point about "fine-working legislation", we are doing quite nicely thank you very much. Crime has in fact fallen, but you would never know it from the hysterical media reporting, and for that reason, crime is, alas, perceived to be on the rise.

      Is that why I heard it reported that about 40% of violent crime goes uninvestigated?

      One cannot help but observe that the peculiar American fear of gun control - one presumes it stems from deep-rooted insecurities about power, feelings of inadequacy and the belief that a man without a gun is impotent

      No, it has to do with the ability to defends ourselves from british soldiers and privateers. We don't really have a gun violence problem - we've got a drug problem, and the dealers use guns.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    53. Re:About Bloody Time by osu-neko · · Score: 1

      A lot of them also seem to have trouble distinguishing London from England.

      I've never seen an American confuse London and England. However, I've known many Americans who professed (prior to being corrected) the mistaken belief that England is an island (which it is not; it is quite firmly attached to both Scotland and Wales).

      --
      "Convictions are more dangerous enemies of truth than lies."
    54. Re:About Bloody Time by VisceralLogic · · Score: 1

      Citezen-owned guns sure were helpful in the war of 1812 though, eh?
      But they sure weren't facing tanks and helicopter gunships.

      That's why we all need our own tank. And helicopter gunship.

      --
      Stop! Dremel time!
    55. Re:About Bloody Time by Anonymous Coward · · Score: 0

      I guess I'm feeding a troll

      Yes, because it's not possible for people to disagree with you without being a troll. Jeez.

      the first clause ("A well-regulated Militia being necessary to the security of a free state,") is not a qualifying statement, but is there to highlight the main benefit stemming from the application of the right (common defense).

      Nevertheless, it does not mention defending oneself or the country.

      Also, in the parlance of the day, well-regulated meant well trained and supplied, not the connotation it has today.

      Totally irrelevant to what I said. Are you copy-pasting this?

      If the Second Amendment didn't enumerate an individual right, the second clause would not read: "the right of the people to keep and bear arms shall not be infringed," but would say the right of the government, state, national guard, whatever and not the people.

      This is a non-sequitur.

      As a supporting example of this, the First Amendment mentions "or of the press"... Is one to construe from this, that application of this aspect of freedom of expression is restricted to only card-carrying members of the press?

      Huh? Do you know the meaning of the word "or"? What you say doesn't make sense.

      membership in an organized militia is not a prerequisite for exercising the right to bear arms

      I didn't say it was a prerequisite. I said it was the purpose.

      Why would all the other amendments in the Bill of Rights, including the 10th refer to individual rights, but not the 2nd?

      The other amendments aren't as focused on individual rights as you imply. The purpose of the tenth amendment is to avoid having power placed in the federal governments hands, it has practically zero to do with individual rights.

      Furthermore, your very reasoning is ludicrous. Amendments are not equal. They deal with different things. Of course there are going to be exceptions and odd ones out.

      You may wish to read the Second Amendment differently

      It's not about what I read. It's about what was written. We aren't reading different things. We are reading the same thing, except you have to use totally twisted interpretations to try to justify your interpretation, whereas my interpretation is very clear and direct.

      There's an obvious solution to this: if you don't like the clear and direct interpretation, pass an amendment that says what you want it to say. Because right now, it doesn't say what you want it to say. So go ahead and change it. You obviously think it's a very badly-written, unclear law if you have to put so much effort into "interpreting" it to mean what you want it to.

      Have a read of the Federalist Papers and personal correspondence amongst the founders as to their intent.

      The federalist papers are not the law. Personal correspondence is not the law. The bill of rights is the law, and the bill of rights doesn't say what you want it to. If you want the bill of rights to protect the right to bear arms for the purpose of defending oneself, then you will have to pass an amendment. It does not say that at the present time.

      One other interesting tidbit, are the state constitutions which incorporated the right to bear arms around the same time as the Bill of Rights was ratified. The intent was the same

      The intent was the same if I agree to your interpretation of the US constitution, which clearly I don't.

    56. Re:About Bloody Time by Anonymous Coward · · Score: 0

      Yup, looks like the next time some poor sod gets mugged and his laptop stolen at knifepoint (laptops can be flogged for quite a few quid after all!) he's gonna get fined and/or jailed for it!

    57. Re:About Bloody Time by Anonymous Coward · · Score: 0

      The Somalis faced both in Mogadishu. They didn't win, but coalition forces didn't either.

    58. Re:About Bloody Time by leenks · · Score: 1

      Given half a chance the Scots and Welsh would make England an island though! And really, who can blame them? :o

    59. Re:About Bloody Time by Anonymous Coward · · Score: 0

      PS - I'm still waiting for a gun to load itself, jump out of its holster and start blasting away. If that happens I'll be the first one filing a report of "gun crime" :) (I understand what you said, I'm merely enjoying good humor at the term "gun crime".)

      Welcome to the English language. Anglophones often prefix a word with another word that gives context. When we say "Friday's report", we mean a report that pertains to Friday in some way, not that the actual day, Friday, has produced a report. When we say "red car", we mean a car that can in some way be labelled "red", not that the actual colour red owns a car. And when we say "gun crime", we mean a crime that is related to a gun, not a crime that has actually been carried out by a gun.

      You are obviously very proud to be contrary and it clearly gives you a raging hard-on. You are not better merely because you have unusual ideas, but you are intensely irritating when you take every opportunity, however lame it may be, to show how contrary you are.

      Take this case for example. Is there any merit whatsoever to your idea that "gun crime" implies crimes committed by guns? No. But you like to think you see something nobody else does, and have gone out of your way to call attention to that. But what it actually means is that you irritate people and end up looking like a fuckwit. So please stop, for your sake as well as everybody else's. When you grow up you will be embarrassed by this behaviour.

    60. Re:About Bloody Time by UseTheSource · · Score: 1

      Yes, because it's not possible for people to disagree with you without being a troll. Jeez.

      If you're not trolling, why post as AC? ;)

      Nevertheless, it does not mention defending oneself or the country.

      Hint, it's implied. What else would you do with a militia tasked with protecting the security of a free state?

      Totally irrelevant to what I said. Are you copy-pasting this?

      This was not a direct response to anything you originally said, but it's completely relevant to the discussion at hand because typically when one tries to reinterpret the Constitution to have it say what they want, as you are, they derive their meaning based on modern American English. You seem to care less about the intent of the document, and more how it would read in late 20th/early 21st century American English.

      Here's a hypothetical situation:

      As an American speaking American English, I say, "I'm pissed," meaning I'm angry. As an Englishman who speaks British English, you might say that I have clearly stated that I'm drunk. Your interpretation in your own dialect of the language doesn't change my intent or meaning, no matter how much you would like it to.

      This is a non-sequitur.

      Way to dismiss a valid conclusion you don't agree with. You don't get extra credit for using a big word.

      If the intent wasn't to enumerate a right of the people, why does it say, "the people"?

      Huh? Do you know the meaning of the word "or"? What you say doesn't make sense.

      Again, you dismissing a coherent argument outright because you don't agree with it. If it doesn't make sense to you, I must ask if English is your first language.

      I didn't say it was a prerequisite. I said it was the purpose.

      I think that's one thing we can agree on. The first clause is the statement of purpose, suggesting the main reason to have the right, while the second describes the right itself. Exercising the right is not contingent on your involvement in an organized militia, however.

      The other amendments aren't as focused on individual rights as you imply. The purpose of the tenth amendment is to avoid having power placed in the federal governments hands, it has practically zero to do with individual rights.

      Furthermore, your very reasoning is ludicrous. Amendments are not equal. They deal with different things. Of course there are going to be exceptions and odd ones out.


      Which constitution are you reading? Every single right enumerated in the Bill of Rights is an individual one. This includes the 10th, when it says, "or to the people," no?

      It's not about what I read. It's about what was written. We aren't reading different things. We are reading the same thing, except you have to use totally twisted interpretations to try to justify your interpretation, whereas my interpretation is very clear and direct.

      There's an obvious solution to this: if you don't like the clear and direct interpretation, pass an amendment that says what you want it to say. Because right now, it doesn't say what you want it to say. So go ahead and change it. You obviously think it's a very badly-written, unclear law if you have to put so much effort into "interpreting" it to mean what you want it to.


      The Second Amendment was not badly written. It meant exactly what the framers wished it to at the time. I disagree that it is as plain as you describe it, for the reasons I've explained above. I also disagree that your views on the Constitution are objective. No amount of interpretation either way can change the true intent of the framers, for which there is plenty of supporting evidence in their personal correspondence and the Federalist Papers of an individual right. If the meaning is not clear to modern readers, it's the intent behind the amendment that is important. This is why Constitutional scholars have consulted these other sources.

      --
      "Ein Volk, ein Reich, ein Führer." -Adolf Hitler
      "We are one Nation, we are one People." -The One 'leader'
    61. Re:About Bloody Time by UseTheSource · · Score: 1

      The federalist papers are not the law. Personal correspondence is not the law. The bill of rights is the law, and the bill of rights doesn't say what you want it to. If you want the bill of rights to protect the right to bear arms for the purpose of defending oneself, then you will have to pass an amendment. It does not say that at the present time.

      One other thing. While the Federalist Papers are not law, they are used very often by federal judges to gauge intent in constitutional interpretation:

      http://en.wikipedia.org/wiki/Federalist_Papers#Judicial_use

      According to Wikipedia, "As of the year 2000, The Federalist had been quoted 291 times in Supreme Court decisions."

      While obviously not authoritative, the papers' influence can not simply be dismissed.

      Still care to downplay their importance, or the importance of intent in constitutional interpretation?

      --
      "Ein Volk, ein Reich, ein Führer." -Adolf Hitler
      "We are one Nation, we are one People." -The One 'leader'
    62. Re:About Bloody Time by ronabop · · Score: 1

      Don't have to kill a tank, or a gunship, if you can kill the driver.

    63. Re:About Bloody Time by Anonymous Coward · · Score: 0

      If you're not trolling, why post as AC? ;)

      Since when have trolls been scared to log in? And a smiley is not an apology.

      Nevertheless, it does not mention defending oneself or the country.

      Hint, it's implied.

      No it isn't. Don't mistake wishful thinking for actual implication. You want it to say something, but it doesn't. You can't just say "oh, it's implied" without basis.

      What else would you do with a militia tasked with protecting the security of a free state?

      Protect the state. The USA has gotten away from its original roots, but it was set up to have a weak federal government and strong states, a federation of states rather than simply one big country like it is now. Protecting the state is not the same as protecting the country or self-defence, they are totally different ideas.

      This was not a direct response to anything you originally said, but it's completely relevant to the discussion at hand

      No, it isn't. The meaning of "well-regulated militia" is not relevant to anything I said. It's relevant to some things that people often say in arguments like this, but not anything I've said, which leads me to believe you've got a canned response for arguments like this regardless of what the other person is actually saying. You didn't answer my question: was it simply a copy-paste job?

      You seem to care less about the intent of the document, and more how it would read in late 20th/early 21st century American English.

      Damn straight I do. Law should not be about guessing somebody's intent from historical clues, and divining the meaning of what the law is should not involve linguistic games. Do you seriously disagree with this?

      This is a non-sequitur.

      Way to dismiss a valid conclusion you don't agree with.

      No, I was explaining why it isn't valid. There is no logical progression from the idea that the second amendment doesn't award the right to the national guard to the idea that the purpose of the second amendment is not to protect the state.

      You don't get extra credit for using a big word.

      If you see "non-sequitur" and immediately think "he's using a big word because he thinks it's clever!", then you have serious issues. It's a perfectly straightforward word and expressed what I wanted to say perfectly. I assumed I didn't have to explain exactly what a non-sequitur is or use a more long-winded way of expressing myself, you think I was wrong to do that?

      Huh? Do you know the meaning of the word "or"? What you say doesn't make sense.

      Again, you dismissing a coherent argument outright because you don't agree with it.

      WTF is your problem? You are playing ludicrous word games here. The second amendment has a totally different sentence structure to the first, and you are trying to invent clues from the sentence structure of the first amendment and apply them to the second amendment. It's entirely reasonable to point out that they are totally different sentences. You can't just lift meaning from a sentence and pretend that a radically different sentence also carries that meaning. It's insane.

      If you have to stretch so hard to interpret a sentence like that, shouldn't you take that as a sign that the sentence just doesn't mean what you want it to?

      The first clause is the statement of purpose, suggesting the main reason to have the right, while the second describes the right itself. Exercising the right is not contingent on your involvement in an organized militia, however.

      No, but if the main purpose for a law no longer applies, then that law should either be seriously revised or repealed entirely. Protecting oneself and the country are not the main purpose for the second amendment, they are a side-effe

    64. Re:About Bloody Time by Bloke+down+the+pub · · Score: 1

      Better hope nobody invents a bulletproof tank, then. I'll be the end of freedom as we know it.

      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    65. Re:About Bloody Time by UseTheSource · · Score: 1

      I'm tired of arguing. Look, you seem to be hung up on one admittedly weak comparison I made between the wording of the First and Second Amendments. The fact remains that my other arguments are perfectly credible, but you are dismissing them and my conclusions as irrational simply because you disagree.

      To answer your question, I was not cut-and-pasting as you suggest, but trying to paraphrase something I read once in A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America, of which unfortunately I do not own a copy. Further, I find your assertion, that the intent of the Second Amendment is not to allow citizens to bear arms in their own defense, a completely ludicrous one. When taken all together, the amendment guarantees (not grants as you suggest) citizens a pre-existing right to bear arms, with the purpose of protecting a free state. The amendment specifically says "state" and not "states". Of course, the states were free to form their own militias, and the preference at the time was for a weaker federal government. Make no mistake, though, the "state" they refer to meant the country in general, or depending on the circumstances, a subset. In addition, you may be misinformed about what the militia really is, of which the organized militia (which gun-control advocates point out has been rendered unnecessary by the National Guard) is only a part.

      Also, you seem to think that the Second Amendment is an anachronism, based on your statement that the US is a different place now when compared to the time the Bill of Rights was written. You are certainly entitled to your opinion, but as you say, the framers were not idiots. They knew they could not foresee future events, which is why the Bill of Rights is written in more general terms. It's telling that they chose to use the word "arms" and not "muskets" or "firearms" in the Second Amendment, just as they say "the press" and not specifically "movable type" in the First. From this, we could deduce that they likely were aware that technological progress would take place and accounted for it, just as they knew they couldn't foresee all circumstances when a militia would be needed when saying "state" in vague terms. What they could not account for, however, were future changes in the English language that could alter the meaning of their text.

      I disagree with you that the Second Amendment is no longer relevant. In fact, I believe it is even more relevant today, not only with current events but also because we pretty much almost have the too-powerful federal government the founders feared. Of course, this is only my opinion.

      If you wish to interpret the Constitution yourself in modern terms, go right ahead. However, please don't pervert the meaning of the text based on modern language usage. Also, if you think even modern law is written in plain English or is even intelligible to most, you obviously haven't looked at the U.S.C. or other statutes. By comparison, the US Constitution is far more readable than most modern laws. What you are not understanding, or choose to ignore, is that to an 18th century reader the text of the Second Amendment would read differently than you choose to in your modern interpretation. This is why judges often consult other sources when interpreting the law, as I've mentioned earlier. You may disagree with this, but it is a standard practice in constitutional law, and the influence of these other texts can not simply be dismissed. No, these texts are not law, but they do affect how laws are applied, in a very real sense. Judicial activism refers to an abuse of this practice, not using these clues to put the actual text of the Constitution into historical perspective while keeping in mind these other sources are not authoritative.

      Judicial activism aside, are liberal judges who reinterpret "the people" to mean something other than everybody any bet

      --
      "Ein Volk, ein Reich, ein Führer." -Adolf Hitler
      "We are one Nation, we are one People." -The One 'leader'
    66. Re:About Bloody Time by UseTheSource · · Score: 1

      Hint, it's implied.
      No it isn't. Don't mistake wishful thinking for actual implication. You want it to say something, but it doesn't. You can't just say "oh, it's implied" without basis.
      It's not wishful thinking. The meaning is there in the term "bear arms", but you missed it. According to the DC Circuit Court in their Parker v. DC amicus brief:

      "[I]t is equally evident from a survey of late eighteenth- and early nineteenth-century state constitutional provisions that the public understanding of 'bear Arms' also encompassed the carrying of arms for private purposes such as self-defense."

      There is also a basis in common law for a pre-existing right whose purpose was to afford citizens the tools necessary to protect themselves. Thus, the Second Amendment merely affirmed (not "granted") this right. From the brief:

      "The pre-existing right to keep and bear arms was premised on the commonplace assumption that individuals would use them for these private purposes, in addition to whatever militia service they would be obligated to perform for the state. The premise that private arms would be used for self-defense accords with Blackstone's observation, which had influenced thinking in the American colonies, that the people's right to arms was auxiliary to the natural right of self-preservation."

      They continue:

      "The importance of the private right of self-defense is hardly surprising when one remembers that most Americans lacked a professional police force until the middle of the nineteenth century..."

      http://pacer.cadc.uscourts.gov/docs/common/opinions/200703/04-7041a.pdf
      --
      "Ein Volk, ein Reich, ein Führer." -Adolf Hitler
      "We are one Nation, we are one People." -The One 'leader'
  2. Somewhere it it's odd.. by StarfishOne · · Score: 4, Funny

    ..that a group of people who want to know more and more personal details about you, especially in the last 6 years,.. are now coming up with legislation that should help to take the privacy of people seriously.

    1. Re:Somewhere it it's odd.. by someone1234 · · Score: 1

      This information worths more when it is only in THEIR possession, or when they got PAID for it.
      Information stolen from them means loss they want to mitigate.
      Coincidentally, this is to your own benefit as well.

      --
      Patents Drive Free Software as Hurricanes Drive Construction Industry
    2. Re:Somewhere it it's odd.. by StarfishOne · · Score: 1

      Don't get me wrong: I'm not stating that there are no benefits from legislation like this. Just that it's has a 'two opposite thoughts in ones mind' kind of feeling to it.

    3. Re:Somewhere it it's odd.. by vidarh · · Score: 1

      Different government agencies have different agendas. It's not like the government is one cohesive whole.

    4. Re:Somewhere it it's odd.. by TheVelvetFlamebait · · Score: 1

      What's so odd? They've collected your data and now they want to take good care of it.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  3. Surely we should take intent into consideration by BadAnalogyGuy · · Score: 5, Insightful

    I'm all for hardening our security systems in order to both prevent these types of accidents in the first place and to minimize the impact of such accidents in their inevitable occurences. I can't think of any reason a laptop would need to carry that sort of data, much less have it contained on the hard disk in an unencrypted filesystem.

    But what I can't fathom is the animal-like need for vengeance against the poor government employees who lost the data as the result of one of these accidents. Unless we can show that the person was deliberately taking the information off-line and then staging the theft, how can we possibly in good conscience ruin this person's life just because he forgot a rule. These aren't the Queen's guards, we're talking about. These are people who work for the government (take that in any way you want).

    Why are we not holding banks liable for having a system that encourages identity theft by making it as easy as stealing a laptop? Or holding wallet makers responsible for not securing wallets with anything stronger than a clasp? The reason is because we realize that there are limits to the abilities of these companies that can't be stretched much further. Government employees are mentally stretched to their breaking points. How dare we threaten them with jail time when we can't expect any more from them in the first place?

    Might as well squeeze blood from a stone.

    1. Re:Surely we should take intent into consideration by FireHawk77028 · · Score: 5, Insightful

      Giving your identity information to a bank is optional, you can choose not to do business with that bank. You cannot choose not to provide that information to the US Government. Tax dollars pay for that government. Encrypting hard drives doesn't require any special abilities. Maybe a couple of brain cells.

    2. Re:Surely we should take intent into consideration by Anonymous Coward · · Score: 0, Offtopic

      How to get blood from a stone:
      1. (out of sight) break a lightbulb and scatter the
            glass in your palm
      2. Place stone in hand and squeeze
      3. Voila! Blood from a stone
      4. Hospital

    3. Re:Surely we should take intent into consideration by Anonymous Coward · · Score: 2, Funny

      Encrypting hard drives doesn't require any special abilities. Maybe a couple of brain cells.

      Maybe things are different over on that side of the pond.

    4. Re:Surely we should take intent into consideration by Anonymous Coward · · Score: 0

      Since that information could possibly be used by identity thieves to steal cash or the information could be sold outright then that information should be considered to be worth cash. That laptop with 6 million persons information on it should be treated like 6 million dollars and I know the sleepy bankguard who leaves behind 6 million dollars on the curb after collection isn't getting a slap on the wrists.

    5. Re:Surely we should take intent into consideration by TheJasper · · Score: 1

      While I can't speak for the UK, I would love to see a law like this in the Netherlands. Actually it wouldn't surprise me if this is allready covered by privacy laws, but you never hear about anyone getting anything but profesional sanctions, if that.

      How dare we threaten public employees? In most countries I've lived in or have ties with there seems to be a problem with overworked government employees. I agree that in many places this is a problem. Yes they should be helped out, probably by getting rid of alot of erroneous laws and extraneous information gathering. However, when a government (or private) employee is in charge of information that is protected by law, then he should be smart enough to realis that he is responsible for it if he takes it along. This means if you leave your laptop in the car and it gets stolen, it's not a matter of oh woe is me. It's a case of you idiot how could you be so stupid. Is it his fault the theft happened? No, but it is his fault he created the situation. If I leave a peice of meat in the yard I expect a cat to eat it. If they need training in this matter fine (is anyone that dense?) but negligence is negligence.

      intent isn't even an issue. Most negligent people don't have the intent. It's sort of what negligence is about.

      Why aren't we holding banks liable?
      Because that horrible system that requires stealing a laptop is not a problem. Stealing a laptop to get access to that persons account is that persons problem. In fact, it's that persons fault for nat having better security, not the banks. If the bank lost a laptop with everyones private data, I think that is actually allready covered.

      I'm thinking we're only asking for responsible behaviour. Responsible behaviour from public employees? might as well squeeze blood from a stone.

    6. Re:Surely we should take intent into consideration by Anonymous Coward · · Score: 3, Funny

      Giving your identity information to a bank is optional ... You cannot choose not to provide that information to the US Government.

      I can and do actually, when I chose not to visit your silly country.

    7. Re:Surely we should take intent into consideration by locofungus · · Score: 1

      But what I can't fathom is the animal-like need for vengeance against the poor government employees who lost the data as the result of one of these accidents.

      This is the UK. Typically, unless the employee is criminally negligent the liability would fall on the employer even if the employee had broken the employers rules - e.g. leaving the laptop unattended in a car.

      The employer will be expected to take reasonable steps to prevent data loss as a result of carelessness of employees - typically this would mean that if employees need to take data home the employer would provide a laptop that had disk level encryption. (Its unlikely that the employees mistake would even be grounds for dismissal unless it was a repeated offence)

      Obviously there are grey areas, but I would expect "just" putting the data in an encrypted zip archive and expecting the employee not to decrypt it and keep it decrypted on the laptop would not be a defence - which is why I suspect disk level encryption is going to be required.

      Tim.

      --
      God said, "div D = rho, div B = 0, curl E = -@B/@t, curl H = J + @D/@t," and there was light.
    8. Re:Surely we should take intent into consideration by Aliks · · Score: 3, Insightful

      I disagree.

      The government department has the responsibility for making sure the systems are secure enough for the data they are processing. That includes providing encryption on laptops that process privileged data.

      If the employee turns encryption off, or uses a bog standard laptop for convenience when they should have used an approved hardened laptop, then the employee should face the consequences. Too many times employees put their own convenience above the public, or try to say they are too busy to find out what kind of obligations they have when handling confidential data.

    9. Re:Surely we should take intent into consideration by Anonymous Coward · · Score: 0

      You cannot choose not to provide that information to the US Government.

      The US Government don't have any information on me. Or if they do it'll be a simple entry saying: 'mostly harmless'.

      Tax dollars pay for that government.

      No dollar pays for the government that is the subject of this article. Sorry if that sounds rude, but didn't 'UK' being in the first sentence of the summary give you a clue? What do you think the 'HM' in HM Revenue and Customs stands for? Cripes, the world is bigger than the US you know.

    10. Re:Surely we should take intent into consideration by MartinSGill · · Score: 1

      But what I can't fathom is the animal-like need for vengeance against the poor government employees who lost the data as the result of one of these accidents. Unless we can show that the person was deliberately taking the information off-line and then staging the theft, how can we possibly in good conscience ruin this person's life just because he forgot a rule. These aren't the Queen's guards, we're talking about. These are people who work for the government (take that in any way you want).


      The only difference between confidential information on such a laptop and secret data on an equivalent defence laptop is the sticker on it "Secret" is only on the latter. I see no reason why confidential and potentially damaging-in-the-wrong-hands information about citizens should be treated differently in any way from damaging-in-the-wrong-hands information about our defences.

      If you lose a laptop containing secret information you're looking at jail, regardless of intent. You were entrusted with that information, it's your job to keep it safe. Most people with security clearances for that type of information are civilian employees in defence companies and government civil servants.

      The mechanism and procedures are there for dealing with "secret" information and they should be used. I'd actually argue that a hostile party can do more damage to our country (certainly our economy) with a laptop full of identity information about our citizens than they could ever do with what colour we decided to paint the toilets in our latest submarine.
    11. Re:Surely we should take intent into consideration by mrjb · · Score: 2, Insightful

      Giving your identity information to a bank is optional, you can choose not to do business with that bank. So which bank allows you to do business with them without providing them with your ID information? Or would you propose to work only with cash? How would you consider your chances of finding a job if you tell all prospective employers 'I only accept cash'?

      --
      Visit http://ringbreak.dnd.utwente.nl/~mrjb/growingbettersoftware to download your free copy of the book
    12. Re:Surely we should take intent into consideration by swillden · · Score: 1

      You cannot choose not to provide that information to the US Government.

      Not even if you live in the UK.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    13. Re:Surely we should take intent into consideration by julesh · · Score: 1

      So which bank allows you to do business with them without providing them with your ID information?

      As I understand it, there are a few such banks operating out of Switzerland, and some in the Cayman Islands, and a few others in odd places like those. Of course, they'll charge you quite a bit for the privelege, but if you really *are* concerned about people knowing who you are, there are options.

    14. Re:Surely we should take intent into consideration by Fulcrum+of+Evil · · Score: 1

      Not in switzerland - they apparently stopped doing that. The point remains - you have to give your info to someone in order to function in society. May as well require the banks to protect that info.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  4. Charges for stupidity... by Slashidiot · · Score: 3, Insightful

    I tend not to worry too much about my personal data, but I understand why some people do. If somebody is stupid enough to loose (or get stolen) a computer with other people's data in it, s/he should have to face the consecuences. I guess at some point anybody who is given other people's personal data should have signed something, taking responsibility of their acts.

    I'm not saying the punishment should be high, but just as killing someone by not being careful enough is homicide, I think this same idea should be applied in this case.

    In any case, if the loss of data has been purely accidental, with no lack of carefulness by the perpetrator, there should be no punishment at all.

    --
    Tis women makes us love, Tis Love that makes us sad, Tis sadness makes us drink, And drinking makes us mad.
    1. Re:Charges for stupidity... by Icarium · · Score: 1

      When I read the word 'loose', I had a vision of a crazy eyed laptop running around handing out (other) people's information...

      Personally I'd like to see institutions that feel the need to keep private data require a licence to do so, with appropriate penalties. That way, if you're licenced, you're expected to know how to keep the data reasonably secure, and if you're not, you shouldn't be storing the data to start with.

    2. Re:Charges for stupidity... by Slashidiot · · Score: 0

      Sorry, english is not my first language. Actually one of my aims when posting to slashdot is improve my english, and as there are a lot of spelling and grammar zealots around, it works.

      PS: Yes, I had to look "zealot" in the dictionary.

      --
      Tis women makes us love, Tis Love that makes us sad, Tis sadness makes us drink, And drinking makes us mad.
    3. Re:Charges for stupidity... by gweihir · · Score: 1

      PS: Yes, I had to look "zealot" in the dictionary.

      "Zealot" is one of these wonderful english words, that express a very strong sentiment and often cannot really be translated well. Another one I especially like is "pathetic".

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    4. Re:Charges for stupidity... by Thanshin · · Score: 1

      I think he was using Zealot in it's "basic Protoss templar infantry" interpretation.

    5. Re:Charges for stupidity... by gweihir · · Score: 2, Funny

      Hehe. Then I can add "Zerg", which (at least in WoW battelgounds) means one mass of fighters that is doing or looking for battle with another. Sample usage: "The alliance Zerg is at Iceblood."

      Also can be used as verb, "to zerg", which means both forces are basically trying to stop each other and nothing moves. Sample usage: "Everybody is zerging in here."

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    6. Re:Charges for stupidity... by Sparr0 · · Score: 1

      I love watching games like WoW mangle jargon like that. It is even funnier in this case since "zerg" came from another Blizzard game, giving the people using it incorrectly one less excuse for their ignorance.

    7. Re:Charges for stupidity... by Prof.Phreak · · Score: 1

      Once there is any sort of `punishment' (ie: a fine, maybe) involved, folks just won't report things as lost or stolen. After all, why pay a fine when you can claim there was no data on the laptop when it accidentally got crushed by a trash compactor? If and when the data surfaces, there are always other vectors the data could've leaked through.

      Also, how is losing a laptop with data different from having stupid security (or a stupid security bug) on a website or server?

      --

      "If anything can go wrong, it will." - Murphy

    8. Re:Charges for stupidity... by P3NIS_CLEAVER · · Score: 1

      Like the average government employee knows anything about encrypting hard drives... who the heck issued them a laptop in this condition? It is very likely that the person with this data is someone just like your mom(govt hires quite a number of women). You want them thrown in jail for this?

      --
      Please sign petition to restore sanity to our banking system!!!

      http://financialpetition.org/
    9. Re:Charges for stupidity... by Fulcrum+of+Evil · · Score: 1

      zerging doesn't work in WoW - a dozen lvl 5 characters won't be able to do anything to a lvl 30 character.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  5. Banks are liable by igb · · Score: 1

    Why are we not holding banks liable for having a system that encourages identity theft by making it as easy as stealing a laptop?
    The FSA is doing precisely that. Nationwide got fined about a million pounds earlier this year. http://www.thisismoney.co.uk/saving-and-banking/article.html?in_article_id=417453&in_page_id=7

    I know from personal contacts that this woke the banks up pretty sharply (Nationwide are small and were the first: the FSA have told the big four that they'll get far fiercer treatment). In practice the big four have been quite careful, and have tended to use fairly good encryption: it's no accident that the former building societies have found things harder (see also, in an unrelated area, Northern Rock). But the threat of eight-figure fines (the numbers I've heard bandied around) make it a simple business case to do things properly.

    ian

    1. Re:Banks are liable by Anonymous+Brave+Guy · · Score: 1

      In practice the big four have been quite careful, and have tended to use fairly good encryption: it's no accident that the former building societies have found things harder

      Sorry, I'm not sure I follow you. Pretty much all of the big names have been caught with their pants down failing to follow even basic security procedures, such as shredding documents before chucking them in a waste bag out the back of the office or restricting employee access to privileged personal data about customers. These failings have been repeatedly highlighted by consumer advocacy groups and critical media. I'm not aware that any groups within the financial sector have a particularly good record here. What makes you think the big four have been "quite careful"?

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    2. Re:Banks are liable by igb · · Score: 1

      The big four have decent procedures, and the failures are individual branches. Reprehensible, yes, and a problem for the consumer, yes, but fixable by enforcement. Nationwide got clobbered because they didn't have the processes in place: even if you followed the rulebook to the letter, it still wouldn't be good enough. Fixing those sorts of things is harder.

  6. Something *everyone* needs education in. by Dr_Barnowl · · Score: 4, Insightful

    In the modern world, people really need to learn more about data hygiene and security. If criminal charges are what it takes for large organizations and also the general public to become more serious about the routine security of information, then perhaps this is not such a bad thing.

    A couple of examples ;

    My wife wanted to use my credit card (she doesn't have one) to pay the fees for a educational conference. The conference organisers had a system for collecting payment ; just email all your credit card details (in plaintext) to the secretary! She looked a bit surprised when I refused. When I explained that it would be like writing my card information on a postcard, with a postal service composed of, well, anyone, who would be at liberty to take "photocopies" of the postcard anywhere along it's journey, she was a little more understanding. (I made her telephone the person concerned instead). Perhaps if the iconography of email programs was more "postcardy" instead of "envelopy", this would happen less.

    Our office VPN is secured at the concentrator by two-factor authentication. Each user is issued an RSA SecureID token. Last year, they issed the PIN correctly ; the administrator pushes a button and says "NOW" and you remember the first four digits the token is showing - and then you are only person who knows it. This year, they preset them all and mailed them out. Email, that is. In plaintext. This undermines the basic security of the system ; anyone who gains access to those emails now has a list of PINs, most people clip them to the same lanyard as their security pass, identifying the token user. Or even easier, they can do what I did, walk into the office, say "Hi there, can I have my new token...." only to be waved towards the table where they ALL sat, in named envelopes, without my ID even being checked. And this is from people who are supposed to know about information security.

    Hopefully the stick of criminal penalties will be wielded diffidently. But people have to shift their perceptions ; data on paper is treated with reverence and locked in a safe, when the data on the computer is left lying around for literally anyone to get hold of. Perhaps this attitude comes from the ease with which computers generate the data in the first place ; it feels cheap and thus "disposable". Which seems silly to a person who knows that a properly managed digital signature is MUCH more secure and reliable than its paper equivalent, but is counter-intuitive to anyone else who still thinks the gold standard is a notary.

    1. Re:Something *everyone* needs education in. by afidel · · Score: 1

      That's an especially crappy use of SecureID! SecureID allows for the user secret to be just about anything so any sane installation uses your companies normal password rules and then adds the SecureID on as an additional security layer. Using a simple PIN is just kind of stupid.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    2. Re:Something *everyone* needs education in. by poot_rootbeer · · Score: 1

      Perhaps if the iconography of email programs was more "postcardy" instead of "envelopy", this would happen less.

      Probably not. It's not like putting a snail-mail document in an envelope renders it invulnerable to interception. Any postal employee with a sufficient lack of gruntles would be able to read anything you send through the mail via a hacking technique known as "opening the envelope".

      So why doesn't mail theft happen more often? Because letter carriers are penalized if they mishandle the materials entrusted to their care. It's a good idea.

    3. Re:Something *everyone* needs education in. by Ajehals · · Score: 1

      Any postal employee with a sufficient lack of gruntles Is that any postal employee with a lack of scruples, or any disgruntled postal employee? I assume that as disgruntled means malcontent a lack of gruntle would be a lack of contentment, but plural?
      If you combine scruples and gruntles we could have scruntles or even gruples. Both seem to work, I'm sure employers would prefer employees with scruntles over ungrupulous ones.
      It made me giggle anyway.
  7. Enforcement? by afidel · · Score: 5, Insightful

    How do they propose to enforce this. I would bet damn near 100% of data breaches are self reported by the losing party. If you are suddenly going to face criminal charges I bet it will be a damn rare case where thefts actually get reported. So the statistics will show that data loss is at an alltime low and yet people will actually be at MORE risk due to the fact that companies that would have previously reported the incident and paid the couple hundred thousand for identity protection for a year or two will now keep things quite. Beyond which I also know from published studies that lost information devices have resulted in basically no known identity theft but lack of shredding (dumpster diving) and unsecured databases have led to a heck of a lot of cases.

    --
    There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    1. Re:Enforcement? by bcattwoo · · Score: 2, Interesting

      How do they propose to enforce this. I would bet damn near 100% of data breaches are self reported by the losing party. If you are suddenly going to face criminal charges I bet it will be a damn rare case where thefts actually get reported. And how will they prove that unencrypted data was present on the now missing laptop anyway?

      "I admit my laptop was stolen last night, but...I...uh had just wiped the hard drive to downgrade to XP. Yeah, that's it."
    2. Re:Enforcement? by MobyDisk · · Score: 1

      They need to start rewarding the whistle blowers instead of punishing them. Not a week goes by on Slashdot where someone isn't fired, sued, or arrested for revealing a security breach. I worked at a company where I found credit card numbers on a public share folder, and after the moron who put them there refused to do anything, I took it to the company security head. Instead of taking me into a dark room and asking me why I was browsing the public share folders, I was given an award and $50 gift certificate. That's good security.

  8. Good idea by gweihir · · Score: 4, Interesting

    I think this is a good idea. Of course as soon as due diligence was used (encrypted drive, reasonable system administration, firewall, malware scanner if it is Windows), it should not be criminal anymore. But this will get people to finally think about what they have to do to ensure minimal security standards. About time.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    1. Re:Good idea by sakdoctor · · Score: 3, Insightful

      Wouldn't due diligence specifically exclude using windows?

    2. Re:Good idea by totally+bogus+dude · · Score: 3, Insightful

      Agreed. It's not that people don't think about it; I work in IT, and we think about it all the time. But it's very difficult to actually enforce meaningful security if nobody understands the point of it. It simply gets seen as a hassle imposed by IT because they're control freaks trying to make themselves look important to the rest of the organisation. The top management doesn't care; all they hear is the hassle it's causing their Executive Directors when IT won't let them log on to the VPN while they're at the airport because they left their RSA token at home.

      Unfortunately, if you set up good security and the users don't understand it, they'll circumvent it: the private key used to unlock the laptop's encrypted drive will be stored on a USB stick with the laptop, along with a sticky note with the user's password and their RSA SecureID token. So not only do people resent you when you try improve security standards, but they actively seek to undermine it. Even a single crappy password like "Wednesday1" is better than having everything you need to access sensitive data neatly packed with the laptop.

      Therefore, to get proper security, everyone needs at least an intermediate level understanding of computer security. That's a massive undertaking for most organisations, where people's main job function isn't anything to do with computers. Most people don't want to understand computers at all, they just want to use them. Kind of like telephones: most people don't even consider for a moment if their phone is secure or not, and have no interest in learning how the call they make from their office phone gets from their desk to the other side of the country.

      Really, before you even have a shot at putting in place meaningful, consistent security, you need a long-term commitment from all levels of management to establish and maintain strong security and train the staff to use it properly, even when it causes inconveniences. Given how much trouble we have getting people to use the records management system properly, this actually seems like a very high mountain to climb.

      The possibility of being embarrassed because of data theft isn't anywhere near a strong enough motivation for most organisations. Therefore, legislation like this is probably a good move -- though I think it should apply to any organisation that collects personal information, government or not. But you have to start somewhere.

      Furthermore, it shouldn't require actually losing data before there's a possibility of punishment. One should be able to report agencies and companies that aren't taking their duty of care seriously, and report them. Otherwise it's still easier for a lot of organisations to say "it won't happen to us" and only pay lip-service to information security. So, if your bank is using dubious client-side "security", report them!

      There'd be a lot of short-term pain, but long term gain. It might even slow down the pace at which computers take over the world, and maybe us folk that program and administrate them can catch the fuck up with what users are expecting from it all.

    3. Re:Good idea by gweihir · · Score: 1

      I completely agree. You not only have it right in every point you mention, you also mention all the important points!

      It also applies on a bit a different level: Computers need competent administration. If users self-administrate, they need to aquire at least an intermediate level of understanding, of what their system does.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    4. Re:Good idea by julesh · · Score: 1

      Wouldn't due diligence specifically exclude using windows?

      Err... no. There are perfectly good, secure, disk encryption schemes available for Windows that should make it impossible for anyone to access the data (save via user incompetence).

    5. Re:Good idea by Prof.Phreak · · Score: 1

      ...It simply gets seen as a hassle imposed by IT because they're control freaks trying to make themselves look important to the rest of the organisation...

      But, many times they -are- a bunch of control freaks trying to make themselves look important. Face it, IT and security aren't an end in themselves. They're a means. They're the support function. If that support function interferes with the mission (ie: to make money, etc.) then it's the support function that must be re-thought, not the mission.

      --

      "If anything can go wrong, it will." - Murphy

    6. Re:Good idea by totally+bogus+dude · · Score: 1

      Indeed, but computers and related technology are still in their infancy. We don't have easy ways to make them secure. A lot of the functionality we use depends on things being easy for the user; which also makes it easy for attackers unless every user in the organisation is well-educated.

      So, effective computer security currently does interfere with the mission. Even very basic things like having to supply a password to log on to your account get in the way: people forget passwords, and that prevents them from performing their job until they get it reset. At the moment where I work, people can just call up and say they've forgotten their password and we'll reset it for them. But that opens us up to very basic social engineering attacks. However if we didn't do that and insisted they somehow prove their identity or come into the office to get their password reset, we'd cop a lot of flak for it.

      I really think the biggest disservice Microsoft (and a few others) have done to computing is actually pushing it on the masses so quickly. We still suck at building software (and I'm talking proprietary and open source here), and we still suck at making things "secure by default" while still being functional. "Over-promise and under-deliver" is still the standard way of delivering technology solutions. People who want to use computers simply as tools really need to know a heck of a lot more about them than they ought to, merely in order to be able to use them safely.

  9. Job Ad: Licensed Data Carrier by Anonymous Coward · · Score: 0

    Title: Licensed Data Carrier

    Job Description: Carry data from point A to B guaranteeing it never goes to anyone else's hands but the destination's.

    Requirements:
    A gun
    A remote detonation device for the data being carried.
    Body armor (ex: bullet proof vest)
    Armored vehicle with 24/7 GPS-based tracking.

    Salary: $1,000,000/yr.

    1. Re:Job Ad: Licensed Data Carrier by Thanshin · · Score: 1

      I don't think they make body-armors for honeybees.

  10. I cannot agree. by bombastinator · · Score: 1

    I don't think the one really has much to do with the other.

    The cost of identity theft is almost certainly higher. Even if only a small fraction of these result in actual identity theft the number of names lost per violation is usually in the thousands.

    Remember crimes like this have tertiary costs much the same way that building a factory in a community creates more jobs that the number of people it actually hires. Fixing the damage from an identity theft can take a victim years. There is lost wages, lost buying power, not to mention the straight legal costs to fix things which could. actually exceed the cost of incarceration with even just a couple of victims from a given theft.

    I honestly think this will likely save money in the long run. It may be difficult to determine that however as it is difficult to calculate the savings from crime that is kept from happening.

    Personally I've had the impression that the reason they've instituted all these controls is they have been completely unable to institute hardcore unemployed alcoholic teenager controls. That's just what I get from reading BBC news though. It might be interesting to see what the relative statistics are amongst countries.

    I must admit my bias here though. I have long felt that business's ability to data mine the public, and of course me in particular, is offensively invasive. Since the best way for a company to keep from having this problem is to not retain the data in the first place the law does serve my interests even though I do not even live in the country, but only occasionally buy things there by mail.

  11. There's negligence and there's no choice by Opportunist · · Score: 4, Insightful

    It's one thing to leave the notebook running on your passenger seat and another one having it taken from you at gunpoint. What I'd expect to happen is this:

    1) Create sensible security rules that should keep the data safe, even when on a notebook. Current notebooks are fairly easy to secure to the point where theft of the notebook doesn't mean theft of data. That includes, but is not limited to, choosing secure hardware and software, limiting laptop use to work, reducing user rights to the minimum for operation.

    2) Train people and give them a fairly heavy "or else" to follow those rules.

    3) If they follow the rules and still have their notebook stolen, no problem. If they're careless, throw the briefcase at them.

    What I want to see is the government as a whole to react to the threat. Not finding a scapegoat to take the blame, sack him and go on with the same shit.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:There's negligence and there's no choice by Hognoxious · · Score: 1

      1) Create sensible security rules that should keep the data safe, even when on a notebook.
      Proposed draft of said rule: do not, ever, put sensitive data on a notebook. Or you're fired.
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    2. Re:There's negligence and there's no choice by Opportunist · · Score: 1

      There's often no choice. Say you have a traveling IRS agent. How is he supposed to run audits?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    3. Re:There's negligence and there's no choice by Hognoxious · · Score: 1

      He can do it onsite. If he needs to take anything back to the mothership we can amend the rule to say "don't put it on a laptop and leave the building with it, unless it's securely encrypted".

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  12. Make the Punishment fit the Crime by giafly · · Score: 1

    If some official loses public data, punish them by publishing their data. All of it. And in the first year if they change their passwords and PINs, publish the new ones too.

    This would be a useful deterrent, as well as an object lesson for the "you have nothing to fear if you have nothing to hide" anti-privacy muppets.

    --
    Reduce, reuse, cycle
  13. Holy motherboard of IT gods... by zappepcs · · Score: 4, Insightful

    Here we go again, as mentioned, we are trying to enact laws that punish the wrong person(s). The fact that they have personal data on a laptop that is not physically secured is a sign that the organization that they work for is corrupt or inept. Please please please let's look at how such incidents happen, then punish the culpable, not simply state that the bag man is going to hang.

    I believe that you will find that in more than 90% of such cases, the end user was following the given policies for the data they were using. We ALREADY have laws for how that data is to be treated. Breaches of those laws must be processed before we look for new laws. I cannot cite any specific regulations, but financial institutions and basic corporations now have legal requirements on how to treat privacy information. SarBox law in the US, and I'm sure that the UK has similar regulations. The fact that the information is getting 'lost' to someone in the public is not indication of criminal activity, but lax processes in the organization for which they work. Laptop theft is rampant, some would say, because they are easy to take. Often because the theft is easy, and done by someone who has no idea what is on the laptop hard drive.

    So, lets just have guidance on how to process the legal side of such breeches. Find out what safeguards were in place, if they were being used, if the end user was obviously ignoring them etc. There is seldom need for new laws, simply better processes or guidelines for using what currently exists. Remember, tax evasion was used to get some mobsters? Misuse of government equipment? How about dereliction of duty? There are tons of ways to punish someone without creating new laws. I sometimes think that people would enact a law to prohibit large turds if it would stop the problems with the outdated treatment plants. Look at all the silly laws that are still on the books. Do we really need a new law that will be useless in 5 years?

    Politicians and the Internet.... oil and water.

    1. Re:Holy motherboard of IT gods... by Timothy+Brownawell · · Score: 1

      Here we go again, as mentioned, we are trying to enact laws that punish the wrong person(s). The fact that they have personal data on a laptop that is not physically secured is a sign that the organization that they work for is corrupt or inept. Please please please let's look at how such incidents happen, then punish the culpable, not simply state that the bag man is going to hang.

      The summary is very clear that the charges would be against the person who lost the laptop, rather than the organization that lost it. The article seems to be slightly less clear about this, so it may not actually be the case.

      Information commissioner Richard Thomas and his deputy, David Smith, revealed to members of eth House of Lords they had called on the Ministry of Justice to make it a criminal offence "for those who knowingly and recklessly flout data protection principles" where there are serious consequences.

      Would this be the person who it was stolen from, or the IT group that set it up without encryption?

    2. Re:Holy motherboard of IT gods... by Anonymous Coward · · Score: 0

      Would this be the person who it was stolen from, or the IT group that set it up without encryption?

      It's kind of early to say. He's just saying he'd like criminal penalties in cases of gross negligence. I think people are making a bit much of it: 'I could do a better job if I had stronger powers' is hardly uncommon when the head of a public agency is testifying to Parliament.

      The other thing the summary is bad on is: 'criminal charges' != 'go to prison'. It's much more likely that gross negligence = large fine for organization.

    3. Re:Holy motherboard of IT gods... by jimicus · · Score: 2, Interesting
      You ever heard the saying "In the valley of the blind, the one-eyed man is king"?

      It applies within governments as well as anywhere else. Frequently more so, as governments tend to outsource systems development to outside companies - who sometimes work with departments to turn requirements into something which can be sensibly implemented, but as often as not nod their heads and implement whatever they're told.

      I can easily imagine how such a system could come into being.
      • A manager who couldn't do something once because some aspect of the network was unavailable dictates that the requirements for a given piece of software include "must function offline" - which immediately implies a thick client caching some or all of a database.
      • The team developing the product consider encrypting the data outside the scope of their product - makes far more sense for the end user to have something on their PC which does that transparently to the application. They might note this in the documentation, but it'll be a single mention buried in hundreds of pages of somewhat dry prose.
      • The team handling desktop software management were never involved in development - they're just told to install the software. They never even notice "hey, it still works even though we're not on the network anymore" because they only run and check equipment connected to the network.

      The developer contracted to develop the product should make more of a point that in order to protect privacy, either they don't cache data locally or some sort of encryption must be employed. But without legislation to that effect, there's no incentive to develop a policy which states "This group of people is responsible for ensuring that we comply with appropriate legislation, and all systems designs must be discussed with them".
    4. Re:Holy motherboard of IT gods... by julesh · · Score: 1

      SarBox law in the US, and I'm sure that the UK has similar regulations

      No, thank God, the UK does *not* have anything similar to Sarbanes-Oxley. The only real requirement we have is the Data Protection Act, which requires only that "appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data." The law offers little or no means to identify what an "appropriate technical [or] organisational measure" actually is, and it has historically been interpreted fairly laxly.

  14. let's make it illegal to get a virus, too by petes_PoV · · Score: 3, Insightful
    Physically losing a laptop, is not in itself a crime. The negligence aspect of containing confidential data on an unsecured device is what turns stupidity into an offence. A logical extension would be to view a lack of "protection" to internet attacks/theft in a similar way.

    If a PC (or laptop, or a server)that holds confidential data is audited and shown to be vulnerable to external attack, then this is just as negligent as leaving unprotected data open to theft and should be treated in the same way.

    --
    politicians are like babies' nappies: they should both be changed regularly and for the same reasons
    1. Re:let's make it illegal to get a virus, too by Anonymous Coward · · Score: 0

      Heh heh.

      The Managing Director of a company I used to work for implemented a 'next person to get a virus gets fired' rule after one of the admin girls infected the whole company network with the share-hopping 'I love you' virus.

      2 weeks later we were hit by Nimda. Guess which unpatched installation of IIS on which laptop was ground zero for that one...?

      Fuckwit.

  15. Ignorance as a defence by Anonymous+Brave+Guy · · Score: 4, Informative

    The problem with the whole "ignorance is not a defence" argument is that, as convenient a sound-bite as it makes, it's still an unreasonable cop-out.

    No-one knows what every law in the country that applies to them says. Even if they did, many people could not understand the legalese without assistance. There have been demonstrations that show that even MPs who approve our legislation can't complete their own tax return correctly. Our own government frequently fails to follow its own laws because some official didn't know what some other official was doing — and that's their full-time job!

    It may be a legal convenience to say that ignorance is not a defence, but ethically it is a very dubious principle if it isn't matched with an effective education policy that makes it a reasonable assumption that everyone should know and understand all the laws that apply to them. If you construct a system where no-one can know it, and then say that not knowing it is no defence, then you are simply criminalising arbitrarily, and that is universally the mark of a legal system gone too far.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    1. Re:Ignorance as a defence by nyctopterus · · Score: 1

      I wish I could mod that up to +5 insightful. I've always thought exactly the same thing.

    2. Re:Ignorance as a defence by __aawavt7683 · · Score: 1

      Contrary to what another person that replied to you said, I feel that ignorance _generally_ should not be a valid defense.

      You may be aware of the terms "jurisdiction" and "community standards". In general, you're expected to abide by the terms of the jurisdiction you're in and to live up to the community standards around you. Thus, they can make laws and expect you to follow them _because_ those laws should merely be enforcing the community standards. If you already follow the community standards, you're already following the law -- if you're not, well, now they can _officially_ raise a fuss about what you're doing.

      Remember, difference is crime, and visitors are criminals...

      I tend to feel that ignorance is a _valid_ defense in such cases as when the laws aren't obvious (hiding a speed limit sign behind a tree, the 2257 record keeping law), or when you're a visitor to a new area (age of consent, varying speed limits through housing/construction zones, using open WAPs, ...)

      -DrkShadow

  16. Companies not the Employees by pyr3 · · Score: 4, Interesting

    The problem that I see with this is that government agencies (or corporations) aren't being penalized. I don't think that the employee can be blamed when the corporate policy allows the employee to have sensitive information on their laptop *and* take the laptop off-site.

    Let's face it. I'm sure *a lot* of employees don't even know much about encryption software, let alone which ones to use and how they work. I don't see the sense in blaming an employee that "should have known better" when it's possible that the company didn't provide the tools/training to allow employee to know what to do.

    That being said, the employee has some responsibility to bear as well. If they take it to a restaurant and accidentally leave it there, that's their fault. If the company *does* have a policy about encrypting private information and the employee doesn't follow it, then it's the employee's negligence. If the company says, "No private data offsite," and the employee leaves with it on his/her laptop. It's that employee's own fault.

    1. Re:Companies not the Employees by P3NIS_CLEAVER · · Score: 1

      Heck these employees probably don't even have administrative rights on their machines and couldn't install encryption software if they wanted to.

      --
      Please sign petition to restore sanity to our banking system!!!

      http://financialpetition.org/
    2. Re:Companies not the Employees by canuck57 · · Score: 1

      The problem that I see with this is that government agencies (or corporations) aren't being penalized. I don't think that the employee can be blamed when the corporate policy allows the employee to have sensitive information on their laptop *and* take the laptop off-site.

      Corporations and government agencies are comprised of people. And it is people who do the daftest things when it comes to security. In fact, 95% or better of security problems involve the USER carelessness for the problem.

      Let's face it. I'm sure *a lot* of employees don't even know much about encryption software, let alone which ones to use and how they work. I don't see the sense in blaming an employee that "should have known better" when it's possible that the company didn't provide the tools/training to allow employee to know what to do.

      Then they aught to get cracking and learn. And also put it on their list of criteria and which products to buy/use. Then we might get somewhere.

      I/T can't enforce this, the CIO's are too busy on "perception" issues. And management involve technical types and follow recommendations does not work either as most main line business types choose to ignore the obvious until burned. Then it is someone else's fault. You have to go for the person...

    3. Re:Companies not the Employees by pyr3 · · Score: 1

      Corporations and government agencies are comprised of people. And it is people who do the daftest things when it comes to security. In fact, 95% or better of security problems involve the USER carelessness for the problem. The entire point of my post was that if that user is properly informed on the issue by the government agency or corporation, then it is the *USER'S* fault if they don't follow that.

      Then they aught to get cracking and learn. And also put it on their list of criteria and which products to buy/use. Then we might get somewhere. I/T can't enforce this, the CIO's are too busy on "perception" issues. And management involve technical types and follow recommendations does not work either as most main line business types choose to ignore the obvious until burned. Then it is someone else's fault. You have to go for the person... I'm not saying it's up to I/T to *enforce* this 100% or be called out as the responsible party. But if there is no policy in place than the government agency/corporation is just as responsible as the employee. Whatever issues the management has with developing a policy, it is unacceptable to tie up a "how do we deal w/ private data" policy in red tape and board meetings for years on end, while the data is unprotected in the meantime.

      And it is especially stupid to go after the low-level employee in a matter where upper-management is dropping the ball. You're just agreeing that when a government agency or corporation blunders, there should be a legal scapegoat so that they don't 'lose face.'

      I do agree that the employee *can* be the responsible party, but to say that the employee is *always* the responsible party is a little narrow-minded.

      as most main line business types choose to ignore the obvious until burned. I don't see how you can condone this. Just because that's the way it is, does not mean that these people should be 'high and dry.' They are just as to blame for the problem as the employee if this is the case, yet you seem to be excusing them of any responsibility.
    4. Re:Companies not the Employees by canuck57 · · Score: 1

      And it is especially stupid to go after the low-level employee in a matter where upper-management is dropping the ball. You're just agreeing that when a government agency or corporation blunders, there should be a legal scapegoat so that they don't 'lose face.'

      We really are on the same page, except I think employees should pay the damages as well as the company. Say a maximum fine of 20% of gross annual salary of the employee to the employee and substantially higher limits for company senior management. Including all damages above and beyond fines.

      This way, no goats. Shared blame for a shared carelessness.

    5. Re:Companies not the Employees by pyr3 · · Score: 1

      Sorry, it wasn't clear from your post. I thought that you were excusing upper management. :)

  17. And in other news... by seanyboy · · Score: 2, Interesting

    So, The number of lost laptops is going to drop to zero, and the number of stolen laptops (stolen, no doubt by Middle Eastern gentlemen of unspecified heights) is going to go up.

    If they're going to enforce anything, they should enforce encryption on the laptops. Punishing minor officials for honest mistakes is a pretty stupid thing to do.

    --
    Training monkeys for world domination since 1439
  18. Why should we? by Anonymous+Brave+Guy · · Score: 4, Insightful

    Why are we not holding banks liable for having a system that encourages identity theft by making it as easy as stealing a laptop? Or holding wallet makers responsible for not securing wallets with anything stronger than a clasp? The reason is because we realize that there are limits to the abilities of these companies that can't be stretched much further. Government employees are mentally stretched to their breaking points. How dare we threaten them with jail time when we can't expect any more from them in the first place?

    Perhaps they should have thought of that before legally compelling me to disclose sensitive private data that could be used to ruin my life if it was abused or fell into the wrong hands?

    If the situation is reversed, and a member of the public fails to follow procedures that have been shown to be too complicated for the average citizen to get right, the government has no trouble with imposing instant fines instead of allowing people to fix honest mistakes.

    I have absolutely no sympathy for the government here. They make the rules. No-one is forcing them to make laws like this, and no-one is forcing anyone to work for departments with lax security. If you make a pact with the devil, expect to go to hell.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    1. Re:Why should we? by mdwh2 · · Score: 1

      I have absolutely no sympathy for the government here. They make the rules.

      Government != Government employees. You do realise that the law is passed by MPs, not the random civil servants?

      The Government makes the rules. The employees get scapegoated when data goes missing in the Government's latest plan to put everyone's personal info onto one big database. The Government gets to say "It wasn't our fault, and look the wrongdoer's been punished".

      The citizen's details are still on that lost laptop. People's details are still being put onto Government databases. Employees whose only mistake was to work for the Government get criminally charged.

      Sounds like a win for the Government, and a lose for everyone else (Government employees included).

    2. Re:Why should we? by Anonymous+Brave+Guy · · Score: 1

      Government is not some nebulous entity. The instant you starting thinking of it as nothing but a body corporate with crown immunity, it becomes legally and ethically invulnerable. No-one can be held accountable for anything any more, and thus there is no need to fix anything that is broken.

      In reality, governments are composed of large numbers of real people, each with their own role to play and responsibility for it. It is not acceptable for senior figures who produce foolish laws to pass the buck to the little guy who implements them. However, neither should a little guy who chooses to work for an unethical employer and to follow their unethical practices be wholly exempt from responsibility. Each person involved should be held responsible for their part in any unethical action, to the extent that they were or reasonably should have been aware of it, that they could reasonably do anything about it (including leaving the employment), and that they contributed to any adverse consequences. These are the rules for everyone else, and the fact that this case happens to involve the government makes no difference to the ethics of the situation.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  19. What if the loss is NOT your fault? by blcamp · · Score: 3, Insightful


    Ok... hypothetical (but realistic) situation:

    What about if your job calls for you to take a laptop that you don't necessarily "want", but it's now part of your job (as a travelling salesman, a consultant, or whatever)? And what if the lunkheads who image that laptop don't bother to put any encryption or other data protection software on it? And you're not allowed to add any "unauthorized software" to help protect yourself?

    Guess what? Your employer has made you the IT equivalent of a soft target.

    Under the above scenario, it seems enormously unfair to become subject to criminal charges due to the negligence of your employer. Easy for all you critics to say "go get another job"... while that certainly would be the ultimate solution, that's hard to do in an economy where consolidation and right-sizing still rule the day.

    --
    The problem with socialism is that they always run out of other people's money. - Margaret Thatcher
    1. Re:What if the loss is NOT your fault? by Bloke+down+the+pub · · Score: 1

      Does UK law have a defence that boils down to not being a free agent, i.e. you had no influence over the events?

      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    2. Re:What if the loss is NOT your fault? by Fzz · · Score: 1
      What about if your job calls for you to take a laptop that you don't necessarily "want", but it's now part of your job (as a travelling salesman, a consultant, or whatever)? And what if the lunkheads who image that laptop don't bother to put any encryption or other data protection software on it? And you're not allowed to add any "unauthorized software" to help protect yourself?

      Then my understanding is that the data protection law would not place the blame on the person carrying the laptop, but on the person in the organization who dictated that sensitive data is stored insecurely. In your hypothetical case, likely the pointy-haired boss would be the one facing criminal charges.

    3. Re:What if the loss is NOT your fault? by JasterBobaMereel · · Score: 1

      What this basically says is that *if you work for the government* and you are given access to personal information you should show that you have made an effort to secure it, if you do then there are no consequences, if however you are negligent or stupid then you must suffer the consequences.... sounds reasonable to me ...

      --
      Puteulanus fenestra mortis
    4. Re:What if the loss is NOT your fault? by Isaac-Lew · · Score: 1

      Document the fact that you asked for some type of encryption & were denied. Then, get a USB drive or SD card & keep all of the confidential data on it (and remember to keep in separate from the laptop when you're not using it). That's not much (there's the risk of losing the USB drive/SD card), but it's better than nothing.

  20. punishing the wrong transgression by Anonymous Coward · · Score: 0

    The "crime" occurred when the government forced the data from you.

    I want to see reports of data leaking like this as often as possible, so people begin to understand the danger of putting all your eggs in one basket. This legislation is designed to increase the appearance that our life is safe in government hands. The government is as likely to not abuse huge centralised databases on citizens ("subjects") as any other government in history that's built huge centralised databases on citizens.

    This all comes back to the red^Wterror scare. My father worked in London through the IRA bombing campaign; his nearest miss was probably 50-100m away from an explosion. At no point do I recall him or anyone saying, "you know, if the government held more information on us, the IRA would stop!" At no point do I recall him announcing that he was scared and felt the need to work elsewhere unless the government protected him. Mind you, he grew up during the Spanish civil war. He knew the difference between a truly high-risk environment, one where there's a small chance of disruption, and today's pathetic scaremongering.

    I'd say that the UK is becoming a nation of pussies, but that would insult my cat, who seems far better at risk assessment than the average human :-).

  21. sounds reasonable. by apodyopsis · · Score: 1

    if they wheeled a filing cabinet full of records out into the parking lot and left it to be stolen then I would expect them to be punished, I would expect this to be no different.

    sounds entirely reasonable to me.

    and of course, mandated encryption as well.

  22. If in doubt, do nowt (or leave it out) by Hognoxious · · Score: 1

    It may be a legal convenience to say that ignorance is not a defence, but ethically it is a very dubious principle if it isn't matched with an effective education policy that makes it a reasonable assumption that everyone should know and understand all the laws that apply to them.
    If you're getting into a particular specialised line of business then it's your responsibility to do your homework, get advice etc pertaining to it[1]. Likewise when making a major acquisition, such as a house - and that's the most complex thing Mr & Mrs Average are likely to encounter.

    In fact very few people will have to deal with the obscure points of law in their lives. On the other hand, everybody knows shoplifting is illegal.

    Ignorance as a defence is invalid because it's impossible to disprove it; anyone couldclaim not to know murder's illegal.

    [1] Two examples people trip up on - tenancy & food hygiene.
    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    1. Re:If in doubt, do nowt (or leave it out) by Anonymous+Brave+Guy · · Score: 1

      Ignorance as a defence is invalid because it's impossible to disprove it; anyone couldclaim not to know murder's illegal.

      I understand why the legal system adopts the position it does. It is, like much in law, a pragmatic concession. That doesn't make the principle right, though.

      As I said, if you want to adopt such a position, it is only fair to institute educational policies such that people can reasonably be expected not to be ignorant. It's interesting that you say in one paragraph that "everyone knows shoplifting is illegal", yet in the next that "anyone could claim not to know murder's illegal". Sorry, but you can't have it both ways!

      I would argue that it is reasonable not to allow ignorance as a defence for things like shoplifting or murder, because these ideas are commonly understood by the age of criminal responsibility. You get into much more dubious territory when you consider issues where the popular understanding of the law is wrong. In this case, a fair solution is educating the population about what the law says and why. Another fair solution is changing the law to reflect the popular perception.

      Politics aside, there are good reasons that those who have considered an issue deeply may propose laws that do not match the man in the street's idea of ethics or justice. An example that comes immediately to mind is making evidence inadmissible if it is improperly collected, and thus potentially forcing a court to let a guilty person go free even though they know they are guilty. The outcome is clearly unjust in that case, but it is necessary to prevent the entire system becoming corrupt in all cases. Refusal to negotiate with hostage takers is another example that follows a similar principle.

      However, where these issues affect the average person and the law is counter-intuitive, I think it is fundamentally unfair to expect people to obey the law when it is unrealistic to assume they understand what is expected of them. Copyright infringement is a topical example, where there is a reasonable argument for the law saying what it does, but many people when asked do not understand the principle and think common behaviours are legal when in fact they are not. (I'm not getting into whether copyright is the best approach, merely contending that the current legal position is credible but widely misunderstood.)

      That was all rather long and winding, but in short, if your law is too complicated or counter-intuitive for your citizens to understand, respect and obey, then your law is broken. You either need to inform people about the reasons behind it so that those conditions no longer apply, or you need to change the law itself. Doing neither, and then relying on the "ignorance is no defence" argument, is not in the interests of justice and ultimately harms the credibility of the entire legal system.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    2. Re:If in doubt, do nowt (or leave it out) by Anonymous Coward · · Score: 0

      It's interesting that you say in one paragraph that "everyone knows shoplifting is illegal", yet in the next that "anyone could claim not to know murder's illegal". Sorry, but you can't have it both ways!
      One of the uses of the word "could" is to introduce a hypothetical situation.
    3. Re:If in doubt, do nowt (or leave it out) by Belial6 · · Score: 1

      Well put. It can get even worse than that though. Many years ago, before the internet, I lived up the street from an intersection that had two lanes that made a right hand turn. Here in California, it is legal to make a right hand turn on a red light if the way is clear, and you make a complete stop first. Because, the next turn we usually needed to take after the intersection was a left, we often needed to be in the left hand right turn lane. This led us to discuss whether making a right on red applied to any lane other than the far right lane. Neither of us knew the answer. We didn't want to be jerks, and sit through lights, holding up traffic if the turn was legal. We also did not want to get a ticket for running a red light.

      So, we decided to find out if it was legal or not. The next cop we saw, we asked him, as he was one of the people that would be writing tickets if it was illegal. He did not know. We asked a couple of other police. They did not know. We called the police station, and no one there could answer the question. The best we got was "I doubt I would write a ticket for that." Not very reassuring. So, we called the DMV. They could not tell us if the turn was illegal or not. Now, it is possible that we could have found a lawyer or judge that could have answered the question, but is it really reasonable to require your entire population to hire professionals just to find out if they can turn right?

      It seems to me that a government has a serious problem when neither the people who's job it is to enforce the law, nor the people who's job it is to test citizens on their understanding of the law, know what is legal themselves.

    4. Re:If in doubt, do nowt (or leave it out) by Anonymous Coward · · Score: 0

      The fact that some cops are dumb is irrelevant.

  23. Laws are cheap by fozzmeister · · Score: 1

    Enforcement is expensive, the amount of legislation this government has past is amazing, any problem they legislate, not look at the actual problem. Yes this is (partially) true of all governments, but it's particularly true with this one.

  24. This is what is has come down to... by PenguinBoyDave · · Score: 1

    Government-regulated common sense and responsibility. I agree with it, but it seems unnecessary. I mean, this people are supposed to be professionals.

    --
    I'm not a troll, but I play one on Slashdot.
  25. It's not actually their fault anyway... by ranulf · · Score: 3, Insightful

    Physically losing a laptop, is not in itself a crime. The negligence aspect of containing confidential data on an unsecured device is what turns stupidity into an offence.

    Securing and encrypting the drive is a job for the organisation's IT infrastructure team, not the end employee. Given that government officials are generally not the most tech-savvy people around, it seems crazy to punish them for something that should already be pre-installed on their machine when they receive it.

    1. Re:It's not actually their fault anyway... by sricetx · · Score: 1

      The policy at companies I've worked at has been that you are NOT to use your own encryption tools. Only the special encryption software provided by the company is allowed (with all the corporate back doors, etc. if they have to fire you or you lose your password). It's up to the the IT organization to provide appropriate encryption tools and the training to use them. If these government organizations are not doing this, then the government shouldn't be able to punish the individual employees. The law should hold the organization responsible, not the individual employees.

  26. Lost/stolen is irrelevant by Colin+Smith · · Score: 1

    The law states that businesses, government (except The Home Office of course) have to take reasonable precautions. Whether the laptop the data is on is lost or it's stolen doesn't matter. It's the lack of precautions which matter. Particularly when it's as simple as:

    http://www.truecrypt.org/

    --
    Deleted
  27. Humans lose things by Maxo-Texas · · Score: 1

    Sorry but humans lose things.

    You need to design things assuming that people will lose things.

    Humans are not perfect.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  28. English Law != UK Law by twoshortplanks · · Score: 1

    You're missing an important point. Scottish Law is totally different from English law, therefore you don't really talk about "UK Law".

    --
    -- Sorry, I can't think of anything funny to say here.
    1. Re:English Law != UK Law by Anonymous Coward · · Score: 1, Informative

      While it's true that the English legal system is different from the Scottish legal system in a number of important ways, there are a vast number of laws that pertain to both, including the Data Protection Act and this new law should it get passed. Typically a single bill is passed for the whole of the UK, and where the differences between the legal systems matter, there are special cases that form part of the bill. Consider it the legal equivalent of #ifdef SCOTLAND.

      Furthermore, none of the differences between the two legal systems matter in the context of the grandparent, who appears to simply be ignorant.

    2. Re:English Law != UK Law by Oktober+Sunset · · Score: 1

      There's no such thing as English law, it's English and Welsh Law.

  29. Shhh! by thelexx · · Score: 1

    This isn't about getting at the truth! This is about being righteously indignant that you aren't HAPPY to give the government over 30% of your income for an obscenely bloated and ineffective bureaucracy!

    --
    "Gold still represents the ultimate form of payment in the world." - Alan Greenspan, 1999
    1. Re:Shhh! by Anonymous Coward · · Score: 0

      Governments. You give to multiple governments at varying levels.

      And I doubt you give more than 30% of your income to them. Furthermore, a hefty chunk of what you do give goes to the local and state levels where you have a fairly direct influence on the makeup of the governments involved. If you're not happy with the way they function, I might suggest you redirect your outrage to the 65-80% of people who don't bother to go out and vote for state and local officials because they pay no attention to what those officials are doing anyway.

      Funny thing about representative government... you can't just blame the government when things continually don't work since you're the one that's supposed to be keeping an eye on them to begin with. If you have a problem with what the governments are doing, maybe you ought to harness some of your energy to educate and motivate the lazy, myopic, uninformed citizens that are directly responsible, through their incessant irresponsibility and supercilious self-absorption, for the majority of failings those governments display.

    2. Re:Shhh! by Anonymous Coward · · Score: 0

      Your argument is completely trumped by compulsory voting. Who is to blame if there are NO non-voters?

  30. Bad Idea by Maximum+Prophet · · Score: 1

    When private information is lost, you want it reported *immediately*, so you can minimize the impact. If you penalize the person who lost a laptop, he will spend more time trying to find it and/or hiding the loss. This is a bad thing. (tm)

    --
    All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    1. Re:Bad Idea by SoulRider · · Score: 1

      Yes but forcing the employees to hide it when a laptop gets stolen allows the bosses to say, "See we reduced the number of stolen laptops". Nothing but a law designed by idiots for idiots.

  31. The bigger risk! by The1Genius · · Score: 1

    This should also be carried over to agents and brokers that work in the field or make house calls - whether it is real estate, financial planners or insurance - these people have extensive personal data being carried on the laptops about their clients. These laptops get lost or stolen at a staggering rate!

    If proper measures are not being taken to secure/encrypt that data - then they should be liable. The technologies exist - there is NO excuse.

    --
    The1Genius - Littera Scripta Manet
  32. Laptop gnomes by Culture20 · · Score: 1

    1. Make Law requiring people hand over encryption keys.
    2. Make Law requiring all laptops with personal data be encrypted.
    3. Decrypt laptops.
    4. ?
    5. Send them to Prison!

  33. Management and IT policies by Midnight+Thunder · · Score: 1

    The issue is we are dealing with sensitive data, so I can see the reasoning behind the need to punish. On the other hand its not always easy to make the difference between incompetence and malice. If the computers they are using are their professional PCs, then the computers they use should:
        - have encrypted file systems
        - password access for logging into the computer, after power-up, wake-up and screen-saver deactivate

    If they are their own computers then either they should not be allowed this data there or they should have to follow the same policies as work computers.

    At the end of the day it should be both and management policy and IT policy to ensure this is done.

    All that said, does anyone know how to have encrypted storage for user accounts under Windows?

    --
    Jumpstart the tartan drive.
  34. About time... by Anonymous Coward · · Score: 0

    People who are suggesting that government employees shouldn't be punished for losing personal information... sorry, but you're wrong. People who are tasked with being responsible for people's information should be held accountable for any loss of data caused by their negligence. It's just irresponsable to

    a) not encrypt laptops with personal data and
    b) not take good enough care of said laptops to protect them from getting stolen.

    Generally this kind of issue occurs when an employee leaves a laptop sitting around (usually in their car) and it gets stolen. Now, I don't know about you, but I know I wouldn't leave ANY laptop in my car, especially not one with sensitive information.

    The only issue I see is that the information lost on stolen/lost laptops will be signifigantly downplayed by employees in the future...

  35. Good call, except. by DaedalusHKX · · Score: 1

    Canada is generally a sparsely populated place, with almost the same area as the USA but nowhere NEAR the population, OR the multiple ethnicity. French and English speaking WHITE PEOPLE can barely get along, and just imagine what will happen if they had the multiple ethnicities we have down here up there. I recall a friend of mine who is very pro gun restrictions (weapons in general) who had this joyful period where she hid in her house. Why? Because the Ethiopian immigrants were causing all sorts of trouble up in the Medicine Hat area... seems the meat packing plant where they were working was shut down for some period. Amazing how a simple thing as rampant unemployment or mass firings can ruin the "peace" of a semi rural place, especially one as "gun safe" as Canada.

    Oh well, not my problem.

    As for your organized crime comment. Recall that Canada doesn't have even have one quarter of the USA's population, nor population density, nor the ethnic diversity. This is out of date, but round up by 10 to 15 million, and they still barely have less than 1/9th of the USA's "recorded" population last year. Canada isn't even catching up, they're still way ahead, density wise, in "crime statistics". I forgot where I read it, but they're proud of their serial killer count being less than a third of that of the USA. Interesting pride, given that by density alone, they should have less than a ninth of the USA's active killers, but don't let something like "per capita occurence" bother them.

    I use arms ownership (not necessarily guns) as a statistic to study when studying how easy a people will be to bully over using force. As I understand it, police routinely bully people protesting in any area with a low occurrence of arms ownership/carry. I routinely read reports from alternative media (only credible media anymore) detailing how a protest or get together or whatnot was busted up using SWAT teams and riot tanks, they either lacked a license to protest against some injustice or lacked the RIGHT license... riot tanks in "free countries", licensing a non violent protest?? I've heard these arguments before, but back then I was hearing them in Eastern Europe during the 1980's... guess the "free world" is fast catching up. At least the sheeple are kept safe until their time to be butchered is decided upon.

    One word :) As the sheeple say, I say. "Not my problem. They want it, I won't deny it to them, in fact I won't lift a finger except to enjoy the irony, as I am doing now."

    --
    " What luck for rulers that men do not think" - Adolf Hitler
    1. Re:Good call, except. by Smauler · · Score: 1

      Canada is larger than the US - 2nd largest country in the world. It's close to the same area as the US, it's not almost the same area.

      Ethnic differences can lead to conflict, but they do not necessarily. Many countries have ethnically diverse populations without conflict.

      Carrying arms is not significant, as I see it. I'd be interested to see any kind of examples in which a democracy was railroaded by others because they had the weapons. The US population has lots of arms, yet those with them have a lot more government intrusion than some other countries.

    2. Re:Good call, except. by Torvaun · · Score: 1

      Canada's 2nd largest country in the world includes the area of a bunch of bodies of water. The land mass of Canada is very close to the land mass of the U.S.

      --
      I see your informative link, and raise you a pithy comment.
    3. Re:Good call, except. by Smauler · · Score: 1

      I actually only meant that almost was a poor term, since it implies less than, in the original comment. I even said "It's close to the same area as the US", so I'm not sure what you're getting at.

      What would Canada's land area be without the bunch of bodies of water? I'm genuinely curious here, since I've always thought Canada was the second biggest country in the world.

    4. Re:Good call, except. by Torvaun · · Score: 1

      Canada [wikipedia.org]
      Area
      Total: 9,984,670 km (2nd)
      Water (%): 8.92 (891,163 km) ... 9984670 - 891163 = 9 093 507
      Thus, Canada has 9,093,507 sq km of land mass.

      United States [wikipedia.org]
      Area
          - Total 9,826,630 km [1](3rd2)
      3,793,079 sq mi
          - Water (%) 6.76 ... 9826630 - (9826630 * 0.0676 = ) = 9826630 - 664280 = 9 162 350
      Thus, the United States has 9,162,350 sq km of land mass.

      9 093 506 sq km (Canada's land mass) is less than 9,162,350 sq km (the US land mass), therefore your statement seems incorrect. Canada does have more total area, but more of that area is water. This comes from debrain correcting me on this same issue about a week ago.
      --
      I see your informative link, and raise you a pithy comment.
  36. Your "identity" means absolutely nothing. by DaedalusHKX · · Score: 1

    It is a piece of paper, a bunch of numbers. It is what someone else says you are, or details about you might be. If tomorrow it was erased, you would be a truly free man. (Or woman.)

    Think about it, someone asks "who are you." You answer to a question that 50 years ago used to be "what is your name?" YOUR NAME, not YOU. YOU are you, your name is changeable, and it doesn't really describe you. It's like asking, "Hi Joe, what are you." "Oh I'm a computer engineer." NO, that is what you do to pay the rent. It's pretty "in the box" thinking, actually.

    As for me, I use cash for my transactions, and have a very small credit/debit account. I watch it carefully and keep only what I need in it, but since most of my online personal purchases are made with money orders or a few online payment systems that haven't caught onto the mainstream yet, but will since they're OSS and there's no overhead organization to lose your data, its all up to you. I won't put their names up here because I doubt there'd be any productive use of their resources by the average slashdotter :)

    All in all, they can steal my identity all day long, all they'd do is steal it from those who already stole it... the classifying freaks at whatever alphabet soup bureau controls people licensing. After all, you do need a permit to live, its just not called that... yet.

    --
    " What luck for rulers that men do not think" - Adolf Hitler
  37. Back to my question then. by DaedalusHKX · · Score: 1

    Why not punish resulting crime. If a company fails its customers like this, or if your ID is stolen and you follow some great loss and then follow it back to that company, you should A, have options to go to while suing said company, and B the company should not be running the courts and thus have an inherent interest in protecting itself.

    I.E. one of the biggest losers of ID info is who? Yes, the government, followed closely by BANKS, which are heavily regulated by? Ahem, yes, the government. Irony at its best? Why not. Everything people clamor for as safety is merely slavery with a sugar coated topping. Irony indeed. I love it.

    --
    " What luck for rulers that men do not think" - Adolf Hitler
  38. That's pretty ruthless... by AxemRed · · Score: 1

    Charging someone who negligently loses a laptop with personal information is understandable. I can even see charging them if they leave it in a place where it can easily be stolen, like leaving it in a car overnight. But, what if someone breaks into a person's house and steals a laptop? I envision this law becoming a convenient way of making someone into a scapegoat....

  39. Remember.. by SoulRider · · Score: 1

    when all of you said "information wants to be free"? Well it appears that your personal information also wants to be free. With bone-headed moves like this UK'rs can now expect to have all of their personal data in the public domain in no time. Including the numbnuts that thought this brilliant scheme up.

  40. unencrypted and lost/stolen by amigabill · · Score: 1

    Unencrypted laptops with this personal information which are lost or stolen will see their owners facing criminal charges

    I'd rather have any owners carrying data that is unencrypted at all face criminal charges. There's no reason not to encrypt stuff. I have my enture documents folder on my iBook under filevault. I don't know that it's perfect, but it's better than nothing. People carrying around the personal information of large numbers of people should absolutely be using some high-grade encryption on all of it. If I plug someone's hard drive into my PC I should not be able to see anything on it. Period.

  41. You're posting on a geek site... by DaedalusHKX · · Score: 1

    You're posting on a "geek" site and yet you cannot notice the mathematical usage of the term "area"?? Sheesh.

    --
    " What luck for rulers that men do not think" - Adolf Hitler
  42. Good. by DaedalusHKX · · Score: 1

    I was hoping individuals would've taken the cue as well, but it seems we're still dealing with "peoples" and we all know how independent thinking those types will be. Or perhaps we don't, or that inside the box crap would've changed a long time ago.

    We are agreed, but I keep telling you that you're not going to make Big Brother whup Little Brother's ass. Only time that occurs is when Little Brother hurts something that Big Brother has interest in, and I hate to tell you, but Big Brother has NEVER had any interest in preserving the livestock's freedom. Livestock is food, and people who act as such get treated as such :)

    As for "it happens", I will differ, and I won't beg to do it. I have yet to lose any of the following (back when I actually carried all this crap). A) Laptop, B) Cellphone, C)Dayplanner, D)Wallet/ID's/CreditCards/Sunglasses. In fact the only screwup I've ever done was when I was a teenager, I locked my keys in the car without having a backup in my pocket. That was the first and only time. All it takes is preparation and willingness to plan ahead. I understand that this is not a trait that is common among the general populace, since Britney's latest nipple show or tit operation is FAR more important. Or perhaps OJ found the "other bloody glove." Who knows, but thinking and planning ahead are such a bother, why bother?

    --
    " What luck for rulers that men do not think" - Adolf Hitler
  43. Too much risk... by russotto · · Score: 1

    It's completely unreasonable for a company or government to issue a laptop to an individual and tell him if he loses it or it gets stolen, he's going to jail.

    What would you do if your boss gave you a laptop and told you just that? Most people, I think, wouldn't touch the laptop with a proverbial 10 foot pole. So the only people who are going to be caught by this are people who are unaware of the situation.

  44. Wrong approach!!! by GiMP · · Score: 1

    They need stricter rules against the organizations not the officials! I have seen this happen repeatedly... In Poland, the employee is ultimately responsible. If a grocery store is robbed, the cashier will owe the store. This does not strengthen the security of the store, because there is no incentive for the business to improve security, it only puts the employees at great risk!

    In this case, you will have organizations providing important information to non-technical employees that know nothing about encryption or the law. If information is stolen, the risk is on the employee, so the company makes no effort to properly secure the data. On the other hand, if the organization was at greater risk, they would make an effort to educate their employees and enforce fool-proof security measures.

    A law such as this that shifts responsibility to the employee will do nothing to prevent such things from happening in the first place, it will only mean certain financial ruin for a number of unfortunate families.

  45. Except that the U.S. *lost* the war of 1812... by Anonymous Coward · · Score: 0
  46. I'm not sure we are talking about the same thing. by bombastinator · · Score: 1

    There seems to be a disconnect here. My impression was that we were talking about the effect such legislation would have on the nation as a whole economically.
    As such while your fiscal behavior seems prudent, like prudence in general it is not particularly common. The average consumer does in fact have very large vulnerability in this area.

    The other possiblity is the definition of identity as used. There is identity and then identity theft.

    Identity theft is a particular crime currently running rampant in the U.S. The way it works is someone gets your social security number and your address and other personal information sufficient for them to pretend to be you. Then they do things like take out dozens of credit cards and max them or mortgage your house out from under you. People have been ripped off for tens or even hundreds of thousands of dollars. Fixing the problem can take years and cost yet more money. I don't know how often it happens in Europe, but it's a real problem here. I vaguely remember one major data theft involving ebay identities, the repercussions for which are definitely not limited to the United States.

  47. Server Based Computing is the answer by dshappir · · Score: 1

    While encrypting local data can be a solution, insuring that all sensitive data is properly encrypted can be difficult. Moreover, proving that all such data has been encrypted after a laptop has been lost or stolen is practically impossible. A much better solution is to simply store all data on central servers at the data center, and access them remotely via Server Based Computing: http://ericomguy.blogspot.com/2007/11/sbc-could-save-you-from-jail.html

  48. Exactly what I mean. by DaedalusHKX · · Score: 1

    What I'm suggesting is simple, by not seriously patronizing the credit establishment, always buying used or old cars (give up some of the glamor and save a boatload of cash and headaches), etc, I have reduced my footprint, hard to steal an identity when I live life in the flesh instead of on paper in someone else's computer (at least I believe I am). I have no real credit rating, nor do I truly require one, and frankly, I can barely wait for the credit crunch. All those suckers living FAR beyond their means are already losing their mortgages/house ATM's, and soon their plastic ATM's. Sooner or later they'll have to live within their means, and that will make for an amusing show.

    What I was getting at is simple. Identity theft is only a problem for those who have been deeply engaged in the identity dependent system and not paying attention to their footprints they leave behind. You don't have to live in the woods to cut your footprint down, though I'm sure it helps. Area I live in, is in fact, semi rural, somewhat suburbia, somewhat rural, not really either. Still got rednecks out here hunting rabbits and squirrels with .22's on the edge of town and shooting off fireworks in town after dark, and none of us mind it (actually I like it, personally speaking), except for a few sissies who keep bringing it up for ballot each year and thankfully, get slapped down each year like the socialist control freaks they are.

    As for social security numbers, it is ILLEGAL for any company to require you to give it out to do business with you. Even the cops have no right to get that number from you unless you volunteer it. All you owe them at all is your name, your address and your birthdate. Technically, only if you HAVE an address. That number is intended ONLY for social security withholding/benefits so technically nobody has a right to ask you for it, and you have the right to decline to give it. I think the problem with people giving it out to every scumbag that asks is simply the authority worshipping / socialist conditioning... "when somenone in authority asks you a question, you answer!"

    The results or the indoctrination and the system that carries it out are apparently very visible but not well understood yet.

    --
    " What luck for rulers that men do not think" - Adolf Hitler
    1. Re:Exactly what I mean. by bombastinator · · Score: 1

      And my point is that the public as a whole simply will not adopt this lifestyle. It will always be the behavior of a tiny minority, and we are attempting to view the nation as a whole.

  49. why store data on a laptop in the first place? by wikinerd · · Score: 1

    Why put something on your laptop when you can implement a server-based approach?

    And why use a non-free OS at all?

    Imagine a thief faced with a Debian OS (command line and not even bash), an encrypted filesystem, which if they manage to break at all will find a nice cartoon poking fun at them as all the hot stuff lie at a distant secure server, coupled with steganocryptography.

  50. Why? by jesterzog · · Score: 1

    Ignorance should not be a defence in crimminal procedings. Especially when related to the prosecution of goverment pesonell.

    Why exactly should government personnel be any more subject to prosecution of losing your personal information than corporate personnel or other organisations or people who should be expected to be careful?

    If you meant to say that government personnel should not be any less subject than anyone else, I fully agree with you.

  51. Again... EXACTLY what I mean: by DaedalusHKX · · Score: 1

    Indeed, but "the nation as a whole" includes that tiny minority that has the forward looking ability to actually live their lives in a healthy manner. For those of us that do so, watching the rest get their "come uppance" is satisfying, if at times saddening.

    Those who clamor for a free lunch and lose their souls in the bargain deserve exactly that. Can't force people to free themselves of unnecessary burdens, you can only make the knowledge, info, and examples available. Regardless of how deep they are buried under the status quo, there are other, far more successful examples than even my own. As the prophets have stated, let those who have eyes see, those who have ears hear... not hard to do, really.

    Life is to be lived, dangers mitigated, opportunities capitalized on, and fears overcome. The vast majority of any nation get exactly what they wish for. Slavery... ahem... *safety*.

    I see it with some of my former friends from school. They put up with girlfriend abuse as easily as they do with government abuse. Politicians lie consistently, and they still put up with it, girlfriends cheat on 'em and they still take them back. They deserve the outcomes (rulers who pretend to be representatives or bad cases of syphilis) because they consistently enable those outcomes. As for me, I minimize my exposure to these individuals and refuse to further associate myself with them. It really is that simple. If we're intended to be friends or associates again, the universe brings them to my door once they've changed. So far, the stupid have remained so, and have fought tooth and nail to enable those who would oppress them. Who am I to deny them their just deserts?

    Rewarding poor standards of honesty, in any relationship, results in abuse. Paying for it (taxation, buying expensive presents, etc) is tantamount to being irrevocably stupid. Not ignorant, but plain stupid.

    --
    " What luck for rulers that men do not think" - Adolf Hitler
  52. Leave it at work by Anonymous Coward · · Score: 0

    Maybe staff who deal with this type of sensitive information should just not be allowed to work at home/on the move?

  53. appropiate quotes by wilec · · Score: 1

    "You will work for a while, you will be caught, you will confess, and then you will die... There is no possibility that any perceptible change will happen within our own lifetime. We are the dead."

    "For the first time he perceived that if you want to keep a secret you must also hide it from yourself."

    "Do it to Julia! Do it to Julia! Not me! Julia! I don't care what you do to her. Tear her face off, strip her to the bones. Not me! Julia! Not me!"

    Eric Blair