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digitaltreestoday at 4:14 PM2 repliesview on HN

America has a profound problem. It defines companies as legal persons with all the same rights. But it also applies the same restrictions and punishments as people without factoring in the underlying advantages a company has when breaking the law for profit.

1. Perpetual existence means breaking the law is a short term problem that is well worth the long term benefit — companies essentially live for ever and out live many of the consequences of their actions

2. They can’t be physically jailed and are rarely punished with equivalent restrictions. There is no ankle bracelet for bad companies. So the punishments are inadequate to serve as a deterrent,

3. Fines are rarely of a scale that threatens existence so they become just another cost of business that can be financially modeled

4. The decision makers almost never suffer the consequences of their companies actions. It’s so rare at this point for executives to face personal responsibility in terms of fines, or jail time that there is a absolute incentive to ignore laws in pursuit of short term earnings

5. There is a two tier system, large companies can abuse the legal process by outspending prosecution from the government or harmed parties. Law suits drag on so long that it’s essential a get out of jail free card for companies that are large enough.

6. It’s pretty clear the government wants Facebook to spy on and persuade the population of the world. So this behavior is a “national defense” asset and any harm is justified as being necessary for the preservation of that asset.

I could go on but until most of these are fixed, expect Facebook in particular to evade any meaningful punishment.


Replies

Aurornistoday at 5:20 PM

> America has a profound problem. It defines companies as legal persons with all the same rights.

Corporate personhood does not mean a company have all the same legal rights as a person. Did you notice that companies can’t vote in elections or plead the fifth amendment like a person can? Corporations only get some rights.

Corporate personhood is common across the globe. If you thought it was an American idea that’s completely incorrect. It is a funny example of the kind of American exceptionalism where people assume that America is an exception in having some property they dislike when in fact it’s common everywhere.

https://en.wikipedia.org/wiki/Corporate_personhood

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dupedtoday at 4:37 PM

> it defines companies as legal persons with all the same rights

It absolutely does not but people keep repeating this on social media