It only counts if the $500m comes from “cyber attacks on critical infrastructure” or “with limited human oversight, intervention, or supervision....results in death, great bodily injury, property damage, or property loss.”
So emotional damages, even if severe and pervasive, can’t get you there.
If you read the definition of critical harms, you’ll see the $500m doesn’t have to come in one of those two forms. It can also be “Other grave harms to public safety and security that are of comparable severity”.
I have a hard time imagining a Court ruling that “Other grave harms to public safety and security that are of comparable severity” could embrace something so different-in-kind than the listed items.
Well, “fish” is a statutorily defined term that clearly includes all invertebrates. What did you want the court to do, ignore the statutory text? Arguably, that outcome supports the notion that the courts are less likely to just ignore text limiting the kinds of harm that are cognizable, not more likely, as you seem to be arguing.
If someone creates an automated system that makes deep fake porn and then emails with that porn to blackmail people and publishes the deep fake porn when people don’t pay up, that could very well be a system with limited human oversight, intervention, or supervision.
Those people who pay the blackmail would also suffer from property loss.
If you have someone committing suicide because of deep fake porn images of themselves, it might also result in death.
If you have one suicide + $500,000,000 worth in emotional damage wouldn’t it count?
It only counts if the $500m comes from “cyber attacks on critical infrastructure” or “with limited human oversight, intervention, or supervision....results in death, great bodily injury, property damage, or property loss.”
So emotional damages, even if severe and pervasive, can’t get you there.
If you read the definition of critical harms, you’ll see the $500m doesn’t have to come in one of those two forms. It can also be “Other grave harms to public safety and security that are of comparable severity”.
I have a hard time imagining a Court ruling that “Other grave harms to public safety and security that are of comparable severity” could embrace something so different-in-kind than the listed items.
From the Fish and Game code:
This was read to include bees for the purposes of the Endangered Species Act which lists
(Emphases mine).
Well, “fish” is a statutorily defined term that clearly includes all invertebrates. What did you want the court to do, ignore the statutory text? Arguably, that outcome supports the notion that the courts are less likely to just ignore text limiting the kinds of harm that are cognizable, not more likely, as you seem to be arguing.
(4) uses three terms “public safety”, “public security” and comparable severity.
I would expect that severity means $500,000,000 worth of damage.
Public safety does not seem to be a clearly defined term but fairly broad.
If someone creates an automated system that makes deep fake porn and then emails with that porn to blackmail people and publishes the deep fake porn when people don’t pay up, that could very well be a system with limited human oversight, intervention, or supervision.
Those people who pay the blackmail would also suffer from property loss.
If you have someone committing suicide because of deep fake porn images of themselves, it might also result in death.
If you have one suicide + $500,000,000 worth in emotional damage wouldn’t it count?