Laws are almost never black and white when put into practice, because that's not justice. There are plenty of times extenuating circumstances change how laws are applied by judges and by juries, and that's how it should be, because the law can never accurately portray every possible situation in real life, even if the lawmakers would have wanted an exception for that circumstance. That's why there's talk about the "spirit of the law", which is meant to convey what the law attempts to do.
> I get that the law puts the onus on companies to verify compliance and that creates an incentive for companies to draw an artificially strict rule of their own.
As soon as you shift responsibility to a company, they are going to do the thing that's best for them, whether that be thr cheapest, easiest to defend, or best to drive more business. That's their incentive structure, they will apply that to anything they are told to do. No point in us getting mad about it, if we don't want that incentive applied to the problem, don't make companies responsible for it (there are other solutions, such as implementing a tax that's used by third partied for reviewing cases, or any number of other things).
> When you're the police you don't get to hide the evidence or the charge against the person you've arrested at least in free countries.
You don't when there's a court. But without a requirement for a court, sure you do. If it's not a court, such as with state and federal fines, I think often it's down to whether the statutes give you ways to dispute something, and otherwise if it somehow infringes on your rights. I'm not sure being told you aren't allowed to use a company's service infringes on your rights, as they generally reserve the right to refuse service.
Laws are almost never black and white when put into practice, because that's not justice. There are plenty of times extenuating circumstances change how laws are applied by judges and by juries, and that's how it should be, because the law can never accurately portray every possible situation in real life, even if the lawmakers would have wanted an exception for that circumstance. That's why there's talk about the "spirit of the law", which is meant to convey what the law attempts to do.
> I get that the law puts the onus on companies to verify compliance and that creates an incentive for companies to draw an artificially strict rule of their own.
As soon as you shift responsibility to a company, they are going to do the thing that's best for them, whether that be thr cheapest, easiest to defend, or best to drive more business. That's their incentive structure, they will apply that to anything they are told to do. No point in us getting mad about it, if we don't want that incentive applied to the problem, don't make companies responsible for it (there are other solutions, such as implementing a tax that's used by third partied for reviewing cases, or any number of other things).
> When you're the police you don't get to hide the evidence or the charge against the person you've arrested at least in free countries.
You don't when there's a court. But without a requirement for a court, sure you do. If it's not a court, such as with state and federal fines, I think often it's down to whether the statutes give you ways to dispute something, and otherwise if it somehow infringes on your rights. I'm not sure being told you aren't allowed to use a company's service infringes on your rights, as they generally reserve the right to refuse service.