• IllNess@infosec.pub
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    2 days ago

    I did more research and you are correct.

    15 U.S. Code § 52 - Dissemination of false advertisements - (a) Unlawfulness - It shall be unlawful for any person, partnership, or corporation to disseminate, or cause to be disseminated, any false advertisement—.

    Source:law.cornel.edu

    Okay. Good.

    The term “false advertisement” means an advertisement, other than labeling, which is misleading in a material respect; and in determining whether any advertisement is misleading, there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, sound, or any combination thereof, but also the extent to which the advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the commodity to which the advertisement relates under the conditions prescribed in said advertisement, or under such conditions as are customary or usual.

    Source:law.cornel.edu

    Good. Good.

    if such violation is with intent to defraud or mislead, be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than $5,000 or by imprisonment for not more than six months, or by both such fine and imprisonment;

    Source:law.cornel.edu

    No! No! No! So a corporation can just pay $5,000 and throw a designer, who was only following directions, under a bus?!

    • Landless2029@lemmy.world
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      2 days ago

      Fees should be based on revenue and scale up on repeat offenses. Otherwise it’s just “the cost of doing business”

      • wewbull@feddit.uk
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        1 day ago

        Also, that’s $5000 in 1994 money (if not older).

        Surely fines should scale with inflation.

        • Landless2029@lemmy.world
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          1 day ago

          True but revenue/income hurts a lot more. Corps only listen to the bottom line.

          Both Nvidia and Intel and knowingly broken the law and just paid the fine while profits covered the loss.

          The system is broken.