Hey, Who Greased This Slope?

Techdirt: 'No Harm No Foul' Becoming The Norm In Data Breach Lawsuits

When it becomes incumbent upon the victim to prove his financial loss and not upon the keeper of information to protect user's data from illegal disclosure and loss, then we are facing a very serious threat to our ability to seek compensation for wrongs committed with our information.

Having to prove that leaked data was used in a malicious fashion means that businesses can continue to be negligent about their security practices with little fear. Victims of identity theft have a helluva lot more important things to do, like trying to put their lives back together, than to sit in court and argue semantics of obsolete laws.

If a company contains personal information about me and they do not do everything in their power to secure that information from dissemination then that company should be held liable for negligence. Not doing so opens the door to widespread abuse.

Putting the burden of proof on the victim is wrong and unnecessary. Intent and negligence exist before damage occurs. Just because someone swerves to avoid you while driving drunk doesn't make them any less negligent or drunk.

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