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1Statement: There ought to be a law... New Law: There ought to be a law requiring companies to implement comprehensive data privacy measures to protect

1Statement: "There ought to be a law..."

New Law: "There ought to be a law requiring companies to implement comprehensive data privacy measures to protect the personal information of their users."

Explanation: In today's digital age, the protection of personal information has become increasingly important. With numerous data breaches and privacy scandals, it is necessary to establish a law that mandates companies to take specific steps to safeguard user data. This law would require organizations to implement robust data privacy measures to ensure the security and confidentiality of user information.

Standing to Sue: Standing refers to the legal right of an individual or entity to bring a lawsuit in court. Individuals who believe that a company has compromised or improperly handled their personal information would have legal standing to sue under the proposed law. They would be able to seek legal remedies for any harm or damages resulting from the violation of their data privacy rights.

Jurisdiction: Jurisdiction refers to the authority of a court to hear and decide a particular legal case. In the context of the proposed law, jurisdiction would depend on the nature and scope of the violation. Generally, the jurisdiction would lie with the courts in the jurisdiction where the company is headquartered or where the data breach occurred. Additionally, if the company operates in multiple jurisdictions, the courts in those jurisdictions would also have jurisdiction over the matter.

The type of court that would have jurisdiction would typically be a civil court, as the violation of data privacy is primarily a civil matter. However, in cases where the violation involves criminal activities, such as intentional hacking or theft of personal information, the jurisdiction may also extend to criminal courts.

Remedy for Violation: The remedy for the violation of the proposed law would primarily be civil damages. This implies that those who have suffered harm or losses as a result of the breach of their personal information are eligible to seek compensation. The amount of the award would depend on the severity of the violation's effects, such as any monetary losses, emotional distress, or reputational harm.

The rationale behind this approach is to provide a fair and equitable remedy to the affected individuals. Civil damages aim to compensate victims for their losses and encourage companies to prioritize data privacy and security. By imposing financial liability, this remedy incentivizes organizations to invest in robust data protection measures and ensures accountability for any negligence or wrongdoing in handling personal information.

In some cases, if the violation involves criminal activities, there may also be criminal punishment, such as fines or imprisonment, imposed on the responsible individuals or entities. However, the primary focus would be on civil damages to provide redress to the victims of data privacy violations.

In conclusion, the proposed law aims to enhance data privacy protection by mandating companies implement comprehensive measures. Individuals affected by violations would have standing to sue, and jurisdiction would depend on the nature and scope of the violation. Civil courts would primarily handle these cases, with the remedy being civil damages to compensate the victims. This approach promotes accountability and encourages companies to prioritize the security and privacy of user data.

this one is the second one ,

(((((((((((((. There Ought Not to be a Law...

W rite a two- to three-page paper that argues why the law you wrote in Individual Assignment #1 should not be signed into law. This can sometimes be difficult to do when you are heavily invested in your ideas. Part of studying law is being able to understand different viewpoints and to be able to find a compromise. Further, understanding the weaknesses in your own ideas and plans can help you find ways to strengthen them.

Please explain:

  1. Why would anyone oppose the bill that you have proposed? Take the time to clearly present the case for the opposition but keep the arguments plausible.
  2. The legal weaknesses of the law that you proposed, including potential Constitutional challenges based on what we learned in Chapters 1-19.
    1. Please pay particular attention if your law restricts any of the fundamental rights from the Constitution, that is any of the rights found in the Bill of Rights. Use the appropriate test to argue against your law. (See ch. 2)
    2. Also, be sure to address any Due Process (Procedural or Substantive) concerns that your law might create.
    3. How can you ensure that the law treats all citizens equitably and with respect? Which classes or groups of people may be disproportionately impacted by your law? Race, gender, socio-economic class, etc. are all valid considerations that can often be overlooked when we think just from our own point of view. If there is a disproportionate impact, is there anything that can be done to lessen this impact?
  3. What could be the potential negatives for the jurisdiction (state vs. federal or both) that you selected?
  4. What arguments could be made against the punishment or civil damages that you have created?
  5. Reflection Paragraph:How could you c reate a compromise with someone who is opposed to your law? After preparing the opposition statement, did you find that there are any areas in which the original law that you proposed could or should be improved? Did you change your mind entirely? Or, perhaps, do you feel that your proposed law is completely justified despite being aware of the opposition's thoughts? Regardless of whether you changed your mind or not, I would like you to explore your thoughts about your law and how this assignment impacted your thoughts.

Expectations:

  1. Define and Demonstrate course knowledge and understanding of the above subjects. Be sure to define terms and explain the why behind your statements.
  2. A minimum of 2 p ages of explanation
  3. Clear, concise writing, with A PA c itations if you are using direct quotations or paraphrasing material. Quotations areNOT REQUIRED.But if you are using them, use them correctly. See an ASC English tutor or Net Tutor Writing Center tutor for help if you would like.

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