[HN Gopher] EU privacy agency urges more safeguards to curb U.S....
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       EU privacy agency urges more safeguards to curb U.S. tech giants
        
       Author : stiray
       Score  : 190 points
       Date   : 2021-02-12 14:42 UTC (8 hours ago)
        
 (HTM) web link (www.reuters.com)
 (TXT) w3m dump (www.reuters.com)
        
       | yulaow wrote:
       | At this point honestly I just wish for a general ban on tracking
       | ads of any kind. Just give me good old contextual ads and remove
       | some MBs of js, with the only purpose of tracking me, from most
       | websites of the internet.
        
         | whazor wrote:
         | Tracking should be considered creepy, just imagine if a single
         | person would collect all this data of you. There should be some
         | limitations of what can be advertised on.
        
         | jka wrote:
         | Ads could be placed into a search engine, and user agents could
         | choose to request relevant ads based on the page they are
         | viewing (the context) and/or the current user's profile (if the
         | user opts-in to their profile being included).
         | 
         | Advertisers would compete within that search engine to have the
         | most relevant and accurate product and service offerings to
         | match demand, and would pay the search engine provider for the
         | hosting.
         | 
         | The search engine provider could attribute and send credit back
         | to the websites from which advertising requests from the user
         | agent originated. This could be attributed based on requests,
         | clicks, purchases, etc.
         | 
         | Under this model, publisher websites would not need to design
         | and manage their pages specifically to incorporate advertising
         | slots, and users would not have to see any advertising at all
         | unless they are genuinely interested in further commercial
         | information related to the page they're on.
         | 
         | As a side-effect this could reduce the usage of advertising in
         | various grey areas (spam, disinformation, and even the rare-
         | but-feasible harassment of individuals by using targeted
         | advertising).
        
           | GradientAssent wrote:
           | And when effectively no users opt in to advertising, how does
           | the search engine stay in business?
           | 
           | It does actually cost money to operate a good search engine.
        
             | Fargren wrote:
             | The search can still show ads that are relevant to my
             | search terms, right?
        
             | pryelluw wrote:
             | How about they find alternate revenue channels? Like every
             | other business in the world?
        
               | GradientAssent wrote:
               | Sounds like a great opportunity for you to enter the
               | market and capture one of these alternative revenue
               | channels with your ad-free search engine.
        
               | pryelluw wrote:
               | I think all the great minds at google have a better
               | chance than I do. Plus you were the one saying how unfair
               | it would be for them to not invade people's privacy in
               | order to cash in. My point is that if they can't operate
               | without violating our human rights then they shouldn't
               | operate.
        
               | colejohnson66 wrote:
               | Yep. People don't pay for search anymore. They haven't
               | since Google took over the world a decade and a half ago.
               | That's not to say free is the best option, but people
               | don't want to pay when there's a free solution that works
               | just as well.
        
             | onion2k wrote:
             | _And when effectively no users opt in to advertising, how
             | does the search engine stay in business?_
             | 
             | A few years ago my response to this would be that I'd
             | gladly pay Google $10/year for access to Search without
             | adverts, but over the past couple of years that's changed.
             | Google have become so utterly terrible at handling
             | customers that I no longer would. I'll only use Google
             | services if they're free. The idea that Google might just
             | kill my account without notice leaving me with no access to
             | search would be catastrophic.
             | 
             | I would gladly pay a different search engine company for
             | access to a good search service though.
        
               | GradientAssent wrote:
               | Google's revenue per user is unfortunately much higher
               | than $10/year.
        
               | simias wrote:
               | Do you have exact numbers? The estimates I've seen are
               | about $60 per user per annum, so about $5 per month.
               | That's for all services, not just search.
               | 
               | So for less than a Netflix subscription you have Youtube,
               | Gmail, Search, Drive, Translate, Calendar, Maps, Photos,
               | Hangouts and more. Services that many people use
               | regularly.
               | 
               | It wouldn't be hard to argue that _any_ of these products
               | is worth a lot more than $10 a year, but convincing users
               | at large to go down that route will be a challenge,
               | undoubtedly.
        
               | JumpCrisscross wrote:
               | Google's ARPU for American users was reported at $256 in
               | 2019 [1]. So for ~$25 a month, you might get them to
               | consider switching business models.
               | 
               | [1] https://mondaynote.com/the-arpus-of-the-big-four-
               | dwarf-every...
        
               | ISL wrote:
               | It is less than a Netflix subscription but essentially
               | _everyone_ on the planet subscribes and can 't cancel.
               | 
               | (Also, many users would agree on the value but balk at
               | redirecting funds from an existing allocation to continue
               | service on something they've already gotten for free.)
        
               | jayparth wrote:
               | It's not that much higher though. Back of napkin tells me
               | that it's like 60$
        
               | username90 wrote:
               | It is much higher for US users.
        
             | simias wrote:
             | Make me pay for it.
             | 
             | The ad industry's biggest accomplishment is making most
             | users believe that they can have access to state of the art
             | search engine, video streaming, messenging etc... for
             | "free". It means that it's incredibly hard to compete with
             | a different business model.
        
               | GradientAssent wrote:
               | Would you pay, say, $120/year? What if it wasn't nearly
               | as good as Google yet?
        
               | stiray wrote:
               | Yes I would. Based on the really, really crappy results
               | that google gaves me out lately (I have actually quit
               | using it), $12 a year seems more than reasonable (you
               | have market of millions of users, charging $10 / month is
               | ripoff). Under condition that it is not some ads company
               | under disguise (like google), that they eliminate all SEO
               | crap (i dont want those results anywhere near the 100th
               | page of results) and ads from my results and serve me
               | relevant content.
               | 
               | Instead of google I am aggregating multiple search
               | engines and joining the results eliminating all that are
               | not on most of them. I am losing anything special (like
               | there is something "special" today) but at least I dont
               | get bunch of stuff on google that just wastes my time.
               | 
               | Nextgrid: yes, exactly that. I want old results, I want
               | old content, I want content that matches with my search
               | words 100% instead of getting what google crappy
               | algorithms think that I want. I dont want hipster crap
               | that propagates next silver bullet (that is just a copy
               | what we already had packed into SaaS).
        
               | GradientAssent wrote:
               | > Based on the really, really crappy results that google
               | gaves me out lately
               | 
               | People on Hacker News seem to think Google's results have
               | gotten worse over time. Maybe they have for the narrow
               | set of interests and requirements of this crowd, but I'm
               | very confident they've gotten better for the vast
               | majority of other users (users who I bet are less likely
               | to use an ad blocker too).
               | 
               | > That they eliminate all SEO crap (i dont want those
               | results anywhere near the 100th page of results) and ads
               | from my results and serve me relevant content.
               | 
               | This is an extremely difficult engineering problem.
               | Google doesn't make a conscious decision to include
               | low/middling quality SEO'd content. That content is
               | optimized to appear relevant and high quality. Google
               | does a better job than say Bing at telling the
               | difference, but it's still obviously an unsolved problem.
        
               | arch-ninja wrote:
               | I'd pay double that right now for any search engine that
               | gave 10 results in <1 second.
        
               | Nextgrid wrote:
               | I'd happily pay that for a search engine equivalent to
               | what Google was a decade ago.
        
               | [deleted]
        
         | petre wrote:
         | How would the EU enforce such a ban? They actually need to
         | prove company X was tracking its users if it goes to court.
        
           | mrtksn wrote:
           | Turkey successfully made US tech giants comply to Turkish law
           | by banning purchase of ads from non compliant ones and
           | threatening with accumulating fines and progressive bandwidth
           | throttling.
        
           | jorge-d wrote:
           | By setting very high fines for those who don't comply?
        
             | Nasrudith wrote:
             | That is like saying if we make the punishment for any crime
             | tortorous enough we won't need law enforcement. That only
             | answers "what the punishment will theoretically be" not
             | "How can it be found out when it is being broken? By whom?
             | Will we able to take action against it?".
        
               | maedla wrote:
               | Oh heaven help us if a trillion dollar enterprise gets a
               | fine !!!!
        
               | caddywompus wrote:
               | I think what they mean is, how can you track which
               | companies are not complicit, how do you organize the
               | proof so that you can levy the fine successfully
        
             | petre wrote:
             | Already done. It's up to 10% of turnover, not profits.
             | Which the companies would happily go to court over. But how
             | to actually prove in court that company X is tracking users
             | if a leak doesn't occur? Subopenas? They need a court order
             | for that. They need reasonable suspicion to get a court
             | order.
        
               | travisjungroth wrote:
               | Those issues aren't unique to this problem. Courts
               | already try to solve them. It's the same as how you would
               | find banks denying loan based on race. You find banks by
               | complaints or wide search. You do an initial
               | investigation from the outside with no warrant or
               | subpoena. Like send in a white client and black client
               | (or someone with a search history of fishing versus
               | sewing) and see what happens. Then that's enough to ask
               | for all the secrets. Of course they could delete them,
               | but that should be a big crime.
               | 
               | I'm not saying this is a perfect system. It's not. But
               | it's an attempt the problem you describe.
        
               | speedgoose wrote:
               | Right now it's very easy to see, the companies are not
               | hiding it at all. They send the data to third-party
               | trackers straight from their website or application.
        
               | EGreg wrote:
               | Disqus loads a million external resources
               | 
               | That's so stupid, why not just take your OWN cookie and
               | use it in the backend to send to all these resources,
               | proxying through your own server or having a CNAME for
               | theirs under your domain?
        
               | speedgoose wrote:
               | I guess it's often much simpler and cheaper to not try to
               | hide it.
               | 
               | The CNAME practice is becoming more and more common. See
               | https://blog.apnic.net/2020/08/04/characterizing-cname-
               | cloak... or https://medium.com/nextdns/cname-cloaking-
               | the-dangerous-disg... or
               | https://www.laquadrature.net/2020/10/05/le-deguisement-
               | des-t...
               | 
               | I think proxying or doing it server side only will be
               | implemented later when these people will be forced to
               | hide to save their shitty business model.
        
               | Sayrus wrote:
               | CNAME cloacking has gone even further, ad company now ask
               | you to put a A/AAAA record pointing to one of their IPs
               | as CNAME uncloaking was working pretty well.
        
               | _-david-_ wrote:
               | I think the move will be for ANAME records. ANAME is not
               | a real record (yet), but some providers are supporting
               | them.
               | 
               | It is similar to a CNAME record but instead of storing
               | the domain name you want to map to it pulls the A record
               | and puts that IP as your A record.
        
           | matheusmoreira wrote:
           | How about we make them prove they are _not_ tracking users
           | instead?
        
             | petre wrote:
             | That's presumption of guilt and then we all have a problem.
        
             | sefrost wrote:
             | How could I prove my blog doesn't track you?
        
               | matheusmoreira wrote:
               | Allow experts to audit your blog, including the code
               | running on the servers. Hosts should submit to similar
               | audits.
        
               | filoleg wrote:
               | Never thought I would see the day when people on HN would
               | enthusiastically support making it much more difficult
               | for anyone to publish their stuff on the web. All while,
               | in the same breath, clamoring for the "good old days" of
               | the web when publishing something was as easy as just
               | uploading a folder with your HTML/CSS to your host.
               | 
               | No, thank you, I don't want to go through audits and deal
               | with bureaucracy when I just want to publish my side-
               | project blog on the web. If you want to discourage people
               | from building and publishing their personal projects and
               | making them easily accessible to the public, that's how
               | you do it.
               | 
               | However, I am absolutely ok with EU doing this, given
               | they seem to be hellbent on running their local tech
               | industry into the ground. Truly great founders from EU
               | will either manage to make their companies succeed
               | despite EU or eventually end up creating their companies
               | in the US, and both of those scenarios sound like a win-
               | win to me (from the perspective of the US; from the
               | perspective of the EU, I guess they are doing all of this
               | knowingly, so they get what they wanted, which would
               | count as a win in a way too).
        
               | matheusmoreira wrote:
               | Well, in the good old days people didn't abuse users with
               | unwanted tracking and fingerprinting. Pages used to be
               | just that: files someone uploaded to the internet. People
               | came up with tracking techniques here and there but they
               | weren't so pervasive. Now most pages aren't pages,
               | they're hostile applications purposefully built to
               | extract as much value out of you as they can by any means
               | available whether you want it to or not.
               | 
               | If all you did was publish an HTML+CSS page, your
               | innocence is self-evident. Anyone can look at your page's
               | source and confirm it. If you link to Google's
               | javascripts though, that should put you into a completely
               | different category of suspicion.
        
               | filoleg wrote:
               | >If all you did was publish an HTML+CSS page, your
               | innocence is self-evident. Anyone can look at your page's
               | source and confirm it. If you link to Google's
               | javascripts though, that should put you into a completely
               | different category of suspicion.
               | 
               | Things change. Back in the day, HTML+CSS page was all it
               | took. These days, wanting to know how people discover
               | your page or how many new readers come to your blog is
               | basics. Reliability and performance tracking is something
               | that wasn't really a commonplace thing back then. For all
               | of those things, you kinda do have to use JS.
               | 
               | The question is, do you necessarily need those features?
               | No. Would it be nice to have? Yes. When I publish a side
               | project, I want to make it nice and great, since I am not
               | getting paid to do it, I am doing it out of pure
               | enthusiasm and motivation for creating the best I can.
               | Forcing anyone in this situation to go through audits and
               | deal with bureaucracy just to be able to publish their
               | personal side-project is a certain way of discouraging
               | people from ever doing so. All you end up with is a bunch
               | of people who are willing to jump through all these hoops
               | because they have something monetary to gain from it or
               | those who know how to jump around those hoops really
               | well.
        
               | petre wrote:
               | Audits. Sounds much like scientology, only at EU level.
        
             | qertoip wrote:
             | How about _you_ prove your haven 't stolen my Mazda?
             | Because I believe you _did_ stole my Mazda and it should be
             | on you to prove innocence.
        
               | matheusmoreira wrote:
               | People are all equal and should be afforded the benefit
               | of the doubt. On the other hand, there is a massive power
               | difference between a rich corporation and an individual.
               | Inverting the burden of proof is warranted in such cases.
               | 
               | Your accusation would be very troublesome if made against
               | individuals but for corporate lawyers its just another
               | day at the office.
        
               | Nasrudith wrote:
               | Okay then how do you prove the government hasn't stolen
               | my Mazda? They are even more powerful than corporations.
               | 
               | Inverting the burden of proof is listed as a logical
               | fallacy for a reason. It is never appropriate.
        
               | matheusmoreira wrote:
               | Not only is it appropriate, there are already cases where
               | this is done. Wikipedia documents some:
               | 
               | https://en.wikipedia.org/wiki/Reverse_onus
        
         | 1vuio0pswjnm7 wrote:
         | Just disable Javascript. If people did this en masse, even for
         | one day, the adtech companies would start to panic. Castles
         | made of sand.
        
           | qertoip wrote:
           | That would help but tracking would still be possible through
           | HTTP layer like resource caching and other headers.
        
             | 1vuio0pswjnm7 wrote:
             | I control the HTTP layer with a forward proxy. Works well.
        
           | lizardmancan wrote:
           | that extension that silently clicks every add was funny. Why
           | was it not allowed? Seems anti-competitive to me.
        
         | qertoip wrote:
         | "ban, ban, ban, ban, ban" - what a great idea to improve the
         | world.
        
           | eternalban wrote:
           | You're reducing the equation to an unreasonable degree.
           | 
           | Parameters are:
           | 
           | - negative effects on society at-large
           | 
           | - destruction of privacy
           | 
           | - creation of turn-key surveillance systems
           | 
           | - negative effects on urban environment aesthetics
           | 
           | - ...
           | 
           | - legitimate business desire to promote goods and services.
           | 
           | It's that sole last item, which is the entire stated purpose
           | of "advertising". We could create a web just for product
           | promotion, and it would be opt in. Looking for widget x? Go
           | to the market and even provide demographics for better
           | service.
           | 
           | Advertising is a _pretext_ for baking in surveillance and
           | social modification systems into society. It is, like certain
           | aspects of financial system,  'sacrosanct', and it is
           | strictly taboo to state the obvious regarding advertising, as
           | a systemic approach to moderating societal norms and
           | behavior.
        
           | maedla wrote:
           | yes
        
         | melomal wrote:
         | The thing is these ads are not exactly effective either. I mean
         | you'll read about the guru's with 90% conversion rate at 0.50c
         | per click or some garbage like that but when you run them
         | yourself, with what is considered a normal company (not a
         | unicorn) you somehow find yourself with a <1% CR on most
         | remarketing/tracking ads.
         | 
         | They are crazy cheap though and essentially act like a TV/Radio
         | ad. It's about getting repeated exposure, even if it's not a
         | direct conversion (because it never is). Everyone wants to get
         | rich quick these days and highly customized ads appear to be
         | the best way to get there.
        
           | dillondoyle wrote:
           | I see this a lot but I find that it can't be true on the
           | whole for many many.
           | 
           | We buy ads for political clients. On FB I could get a
           | positive immediate roi for donations. Scaling huge is hard (i
           | got one client to over $1 million last cycle for context).
           | Admittedly but you could go a lot bigger if you look at ROI
           | down the line with email donations.
           | 
           | And we're not alone. I don't think the many many direct to
           | consumer brands would spend so much money on FB if they
           | didn't get a positive ROI.
           | 
           | Maybe some PE or other funded brands are trying to grow over
           | profit spending more than they make. But there are a ton that
           | are profit seeking and get good value. FB is definitely an
           | exception though unless you are an app install ad on mobile.
        
             | afdgadfgadfh wrote:
             | Where is the control for the experiment? What is the ROI on
             | non-targeted ads?
        
               | dillondoyle wrote:
               | There are a lot of ways to do it.
               | 
               | For us we make a donation page. The only links that go
               | there are from FB ads. We also use different refcodes for
               | different ad groups AND the FB pixel passing in purchase
               | value which is really good at optimizing FB's delivery to
               | highest ROAS
               | 
               | FB is very very very good at this
               | 
               | I feel like people who question it or like don't
               | understand basic attribution should do some more research
               | before denigrating
               | 
               | There are other non-direct measurement, FB for instance
               | allows you to upload offline purchases. Definitely not as
               | clean especially if you're hitting across different
               | channels. But a basic A/B holdout test is pretty good in
               | that case too.
        
               | eivarv wrote:
               | Exactly. Not to mention that lots of people do lots of
               | stupid stuff - so appealing to it's popularity doesn't
               | tell us much either.
        
           | 8fingerlouie wrote:
           | It's not like the current tracking adds are super efficient
           | always. I searched for a new washing machine, found one I
           | liked, bought it, and spent the next 3 months looking at
           | washing machine adds.
        
             | spaetzleesser wrote:
             | With a lot more AI the smart people at Google, Amazon and
             | Facebook may find out one day that there are products you
             | buy rarely versus products you buy repeatedly. Like washing
             | machines vs potato chips.
             | 
             | It makes sense to show ads for potato chips but with
             | washing machines you should stop after purchase.
             | 
             | I much preferred the time when kiteboarding sites had
             | static kiteboarding ads instead of the current situation
             | where ads are totally out of context.
        
               | fhood wrote:
               | You know I think Amazon may have gotten better about that
               | in the last little bit. I don't recall being flooded with
               | recommendations for something I just purchased recently.
        
             | exporectomy wrote:
             | You seem to imply that the alternative would be more
             | effective. What ads did you see in the 3 months prior to
             | buying it? Maybe they were equally bad or worse but you
             | forgot because of the psychological impact of the washing
             | machines.
        
             | II2II wrote:
             | Clearly more tracking needs to be done in order to connect
             | your conversion to your purchase.
             | 
             | Not only will they stop showing ads of washing machines
             | after the purchase, knowing the make and model will help
             | them gauge when to start targeting repair ads as well as
             | start targeting replacement machine ads. They will also
             | know whether you will stick to the current manufacturer or
             | which you will switch to, and which model you will buy. You
             | will be able to live with the comfort of knowing that your
             | entire future of washing machine purchases is planned out
             | and concentrate your energy on more important things in
             | life (such as lobbying for better privacy protections).
        
             | melomal wrote:
             | The cost of keeping it like that is next to none so there's
             | very little motivation to fix it too. I've done many
             | remarketing ads and generally speaking setting it up to
             | avoid recent buyers is pointless in the grand scheme of
             | daily work.
        
           | DaedPsyker wrote:
           | Could it just be that online advertising is simply oversold?
           | I don't know about others but I'd click an ad maybe once
           | every 6 months at best. Maybe there is logic behind constant
           | feed although on a number of occasions I actively avoid
           | products for bombarding me (looking at you grammerly).
        
             | melomal wrote:
             | From a marketing pro's perspective you assume that because
             | you have data - reach, impressions, est. click-through
             | rates etc - that you can find a 'quick win' aka get rich
             | rich quick.
             | 
             | So inevitably you try it, then you get some 'tips', then
             | you read a marketing guru's success story, then you start
             | getting ads for ebooks all of which have the best strategy
             | and you really feel that you have no choice but to go for
             | it. It's the FOMO/what if complex magnified by professional
             | requirements to grow at all costs.
             | 
             | From now on I consider online advertising like gambling.
             | You think you can win but the house always win's because
             | you spend more money on A/B testing, copy edits and new
             | keywords all of which create very few leads or deals. You
             | always think you can win too, 8 years later I still go back
             | to online ad's because I feel that there's just that juicy
             | copy, design, content combo round the corner.
        
               | lizardmancan wrote:
               | maybe thats it? consider all gambling gambling and move
               | it under gambling laws? I know, it sounds nuts. But it is
               | certainly possible to make an advertisement service that
               | doesn't involve gambling. You just pay for sales.
               | 
               | I mean, currently i have no idea what im buying until i
               | do. The agencies talk about CPC and CPM but I just want
               | sales. They sell me black boxes that are just like
               | scratch cards. It feels like gambling? How is it not?
        
             | Nextgrid wrote:
             | I do believe online advertising is a bit of a bubble right
             | now. Lots of bullshit unprofitable VC-funded companies burn
             | tons of money on advertising (more than what they'd ever
             | earn from the potential customer) in an attempt to
             | establish monopolies which in turn inflates the value of
             | advertising companies.
        
               | melomal wrote:
               | Slap the word A.I. or ML in there are you are golden.
               | 
               | New platform, new opportunities. I have thrown money into
               | ad's on various content suggestion platforms, Reddit,
               | Quora, BuySellAds, Google, Facebook, LinkedIn and a hell
               | of a lot more.
               | 
               | TikTok is apparently incredible right now with
               | conversions and pricing. It's all over the forums and the
               | guru's are pumping it too. Give me some solid targeting
               | options and viable metrics and you could probably wrangle
               | some money out of me and many other marketers out there.
               | I would say it's easy money if you can spin the ad
               | network in a new way.
        
           | quest88 wrote:
           | Anecdotally they're effective on me. I've bought lots of
           | things through fb/instagram ads.
        
           | bpodgursky wrote:
           | The arrogance of people outside the industry saying that a
           | many-billion-dollar market is "not effective" is... kinda
           | ludicrous on here.
           | 
           | If you don't think it's right for them to exist, I'm not
           | challenging that viewpoint at all. But coming in and
           | assuming, with minimal to no research, that thousand of
           | people and billions of dollars are pouring into complicated
           | products which don't actually do anything, is a bit of an
           | anti-vaxxer approach to the world.
        
         | TechnoTimeStop wrote:
         | It is crazy to think Facebook is still able to operate as they
         | do. I mean look at the stock price. Ridiculously out of
         | reality. This will come crashing down soon enough.
        
           | justapassenger wrote:
           | > Ridiculously out of reality
           | 
           | Their P/E ratio is 27. It's below P/E ratio for SP500, which
           | sits right now at 40, and includes tons of beyond ridiculous
           | companies like Tesla, with P/E ratio over 1200.
           | 
           | There's lots of wrong with Facebook, but calling their stock
           | overpriced isn't one of those things.
        
       | 4cao wrote:
       | Call me cynical but more regulation like this only serves to
       | further entrench the existing (quasi-)monopolies by increasing
       | the barriers for new entrants.
       | 
       | Especially the focus on "illegal" content and political
       | advertising only (as opposed to, say, advertising as such) makes
       | it appear not as an attempt to improve the situation in general,
       | but rather to carve a bigger slice of the extant lucrative pie
       | for certain interest groups.
       | 
       | > EDPS said gatekeepers should provide an easy and accessible way
       | for users to consent or decline the use of their personal data by
       | the companies for their other services, and that there should be
       | tests to ensure personal data is effectively anonymous.
       | 
       | Users will consent to anything, especially if they have no
       | choice, and any tests can and will be gamed. Ultimately if the
       | problem is to be solved it would require a more novel approach
       | than this.
       | 
       | > The proposed European Commission rules will need to be
       | discussed with EU countries and EU lawmakers before they become
       | law, a process which will take 16-24 months.
       | 
       | The implementation deadline seems excessively long to me. A lot
       | can change within this timeframe, rendering the laws obsolete
       | before they even come into force.
        
         | qertoip wrote:
         | 100%.
        
         | betterunix2 wrote:
         | Yup, that is exactly how it worked with GDPR: big companies can
         | easily afford the cost of compliance while smaller competitors
         | struggle.
        
       | weinzierl wrote:
       | On related news: Just two days ago the EU ePrivacy regulation
       | took the first hurdle in Brussels. This will most likely bring
       | some changes to the whole consent drama. I'm not good at reading
       | legalese and there seem to be no commentary for the current
       | version[1] yet. What I understand is that they "encourage"
       | browsers to implement "whitelists" (their choice of word, not
       | mine) as a solution to "end-users [..] overloaded with requests
       | to provide consent". I'm not sure what is in there regarding
       | first-party analytics cookies which some hoped will be exempted.
       | 
       | [1]
       | https://data.consilium.europa.eu/doc/document/ST-6087-2021-I...
       | 
       | Partly recycled comment from
       | https://news.ycombinator.com/item?id=26103635
        
         | lmkg wrote:
         | I would hone in on pages 27 & 28 in that document. In
         | particular, this quote:
         | 
         | > Cookies can also be a legitimate and useful tool, for
         | example, in assessing the effectiveness of a delivered
         | information society service, for example of website design and
         | advertising or by helping to measure the numbers of end-users
         | visiting a website, certain pages of a website or the number of
         | end-users of an application. This is not the case, however,
         | regarding cookies and similar identifiers used to determine the
         | nature of who is using the site, which always require the
         | consent of the end-user.
         | 
         | It is, of course, legalese. But they seem to be drawing a
         | distinction between _analytics_ and _tracking_. Counting
         | distinct users seems to be acceptable without consent;
         | profiling users does not.
        
       | jefftk wrote:
       | _> profiling of users for content moderation purposes should be
       | banned_
       | 
       | I'm not sure exactly what this is suggesting, but noticing that a
       | user has previously posted abusive comments and using that to
       | lower the threshold for flagging future comments for review seems
       | completely fine.
        
       | marcodiego wrote:
       | It is good to see regulation that diminishes the chance of
       | monopolies or abuses. I don't know if current safeguards help
       | such guarantees.
       | 
       | What could be interesting are economic incentives. For example,
       | social networks profits could be taxed and part of the money
       | acquired could be applied on independent de-centralized services.
       | Imagine the impact if just a small amount of facebook profits
       | were donated to wikipedia.
        
         | betterunix2 wrote:
         | How is this going to diminish monopolies? Big tech is (a) going
         | to have a voice in these regulations and (b) will easily afford
         | the cost of compliance. Small competitors will have no voice
         | and will struggle to comply. This is almost certainly going to
         | entrench the big players and widen their moats.
        
         | qertoip wrote:
         | > It is good to see regulation
         | 
         | It is never good to see regulation. Never ask state to fix the
         | problem or you will end up with two problems. Especially, the
         | Big State.
        
       | CodeGlitch wrote:
       | The web is broken. No amount of regulation by the EU will fix
       | things. I can only hope for something new which is designed from
       | the ground up to protect the users. I'm not smart enough to know
       | what that looks like, perhaps IPFS or similar?
       | 
       | In the mean time I'll block all ads and third party cookies and
       | hope for the best.
        
       | KDJohnBrown wrote:
       | What the EU should really do is fine / tax monopolists like
       | Google and Facebook into submission then invest that money into
       | the EU-based startup ecosystem.
        
         | 908B64B197 wrote:
         | The EU would need to rewrite it's tax code.
         | 
         | Right now, everything is going through Luxembourg and
         | Ireland... perfectly legally!
         | 
         | > then invest that money into the EU-based startup ecosystem.
         | 
         | So bureaucrats deciding where money is going... How did that
         | work out for the EU again?
        
         | thetrb wrote:
         | Cool, maybe the US should also add some protections against
         | German exports.
        
           | La1n wrote:
           | For example German vehicles? Those are taxed already. The US
           | has quite a few types of import tax.
        
           | KDJohnBrown wrote:
           | I am all for import tariffs, especially when those taxes
           | prevent wasteful international shipping.
           | 
           | However, to respond to your snarky tone, does Germany have a
           | monopoly on the world auto industry and use that to abuse the
           | rights of citizens while squashing all competition? If so,
           | absolutely, tax the hell out of them! My '99 VW Jetta was a
           | piece of junk and I sold it at a major loss after a year.
        
         | Nasrudith wrote:
         | They have tried that several times. They don't hold a candle to
         | even the "second tier" of the US (Barnes and Noble, eBay, etc.)
         | Really the harsh truth is that the source of their problems is
         | not found in the "Big Tech" Boogeyman but in the mirror.
        
         | beaconstudios wrote:
         | ah yes, protectionism.
        
           | KDJohnBrown wrote:
           | If you want to see the outcome of a lack of protectionism,
           | look no further than the devastation of the steel, automobile
           | and other manufacturing industries in the '70s and '80s which
           | effectively wiped out the middle class.
        
             | beaconstudios wrote:
             | hey I'm no fan of naked neoliberalism either, but I promise
             | you an EU facebook would suck just as much and in the same
             | ways as US facebook. Profit motives still exist for huge
             | corporations in Europe.
             | 
             | every tool has its use, but protectionism is not the way to
             | solve big tech's bad incentives.
        
               | KDJohnBrown wrote:
               | Why is protectionism bad? Why is it better to allow trade
               | imbalances which sucks your nation's financial and
               | intellectual wealth to others with nothing in return?
        
         | kreeben wrote:
         | Targeting taxes directly towards specific companies seems
         | overly aggressive. I hope they will find and implement more
         | generic rules to achieve what it is they want to achieve which,
         | if I'm not completely mistaken, is to protect me from invasive
         | tracking.
        
           | Nasrudith wrote:
           | Are you sure that is really their goal in the first place? If
           | they wanted that they would downsize their intelligence
           | agencies.
        
           | KDJohnBrown wrote:
           | Is this really any different than the USA banning Huawei to
           | prevent 5G carrier equipment competition under the guise of
           | "national security"?
           | 
           | (Edited to clarify 5G carrier equipment competition)
        
         | [deleted]
        
         | dominotw wrote:
         | can't google just threaten to pull out like they did in
         | australia?
        
           | hadrien01 wrote:
           | They can. They won't. EMEA accounts for 30% of Google's
           | revenue.
        
           | jonathanstrange wrote:
           | That could indeed potentially create a little bit of friction
           | for a few weeks before everyone had replaced their services
           | with different solutions.
        
             | emteycz wrote:
             | Like what solutions? Have you tried these "solutions"? I
             | live in one of the countries which is special by having its
             | own competitive search engine - and it's truly bad compared
             | to Google. If we're going back to that, I am going out of
             | EU.
        
             | dominotw wrote:
             | > replaced their services with different solutions.
             | 
             | can't the govt simply ban google and fund these 'different
             | solutions'.
        
             | Nasrudith wrote:
             | Didn't we hear the same thing from the UK with Brexit about
             | their disregard for billions of dollars of commerce and it
             | ended in completely predictable and avoidable disaster?
        
         | qertoip wrote:
         | What Google and Facebook should really do is to tax/fine the
         | monopolistic EU into submission and then invest the profits
         | into whatever they feel like it.
         | 
         | Because Big State is worse than Big Tech.
        
       | beaconstudios wrote:
       | God no. Governments absolutely suck at changing the incentives to
       | deter bad behaviour. Do we really want more cookie banners and
       | GDPR consent forms?
       | 
       | Maybe I'm missing something, but why can't we block all forms of
       | stateful identifiers to third-party content? First-party cookies,
       | localStorage, etc only. Is there some big legitimate use case I'm
       | not seeing?
       | 
       | Having said that, I'm sure if they were blocked, tech companies
       | would just provide an SDK that passes through first-party state
       | so companies could continue the status quo.
        
         | Nextgrid wrote:
         | Some stateful identifiers are required for technical purposes.
         | IP addresses for example.
         | 
         | Other identifiers are required for the functionality of the
         | service, such as your contact details or information you enter
         | in a social network.
         | 
         | Given you can't work around providing the information, the only
         | solution is to use legislation to prevent that information for
         | being used in malicious ways.
         | 
         | Also, the current situation with the consent prompts in Europe
         | is not because of the GDPR but because of its lack of
         | enforcement. The GDPR learned from the former "cookie law"
         | (which I agree was a shit-show) and explicitly prohibits
         | annoying/misleading consent prompts.
        
           | beaconstudios wrote:
           | > Some stateful identifiers are required for technical
           | purposes. IP addresses for example.
           | 
           | Yeah that one's pretty unavoidable, but is at least for many
           | people temporary and pseudonymous only. Once their dynamic IP
           | rotates (granted this isn't the case for everybody), the
           | connection is lost. Much better than every website with a
           | "Like" button on the page allowing facebook to track you as
           | you traipse across the internet.
           | 
           | > Other identifiers are required for the functionality of the
           | service, such as your contact details or information you
           | enter in a social network.
           | 
           | That's first-party information. You're not posting on
           | facebook via an iframe on another site. If you choose to
           | provide your information to facebook, they're gonna use it -
           | legislation or not. Legal encodings of intent are always full
           | of loopholes, even if they escape regulatory capture via
           | lobbying. The best way to stop Facebook from getting
           | information about you, is to not give them information.
           | 
           | > Also, the current situation with the consent prompts in
           | Europe is not because of the GDPR but because of its lack of
           | enforcement. The GDPR learned from the former "cookie law"
           | (which I agree was a shit-show) and explicitly prohibits
           | annoying/misleading consent prompts.
           | 
           | I'm sure it won't be long before that argument goes to court
           | and teams of lawyers spend the next decade arguing over the
           | meaning of the word "annoying". Hence my argument that if we
           | want Facebook to not know everything about us, perhaps we
           | should stop them knowing everything about us?
        
       | hedora wrote:
       | They should just ban the gathering of personal information
       | without consent, and ban any UI that makes it easier (or as easy)
       | to opt in.
       | 
       | On the day the legislation takes effect all users should be
       | assumed to have opted out, regardless of any terms of service or
       | non-negotiated contract.
       | 
       | The only exceptions should be things strictly necessary to do
       | business (e.g., contact info for a bank account holder.)
        
       | detournement wrote:
       | really excited for more popup policies to approve
        
         | dazc wrote:
         | Maybe it's a cunning ploy to condition people into agreeing to
         | anything if only it means they can see the damn content?
         | 
         | I already instantly accept cookies without hesitation.
        
           | undefined1 wrote:
           | no doubt that's what 99% of people do. just like terms of
           | service, it's an automatic click through and a waste of
           | everyone's time.
        
         | teeray wrote:
         | It's so irritating that this can't be an HTTP header. Then
         | again, we probably have the failure of DNT to thank for that.
        
           | colejohnson66 wrote:
           | The problem was the DNT was optional, so there was no legal
           | method to force a website to obey it.
        
         | pornel wrote:
         | Adtech companies have worked hard to make you associate privacy
         | with annoying popups.
         | 
         | They've lobbied hard to water down tracking bans to be "user
         | choice", and then used dark patterns/malicious compliance to
         | make not agreeing a horrible experience to wear people down, so
         | that people just give up on privacy.
        
         | hedora wrote:
         | They should ban the pop ups, and make the cookies opt in. Done.
         | Easy.
        
       | lanevorockz wrote:
       | I pray to the day were privacy is reclaimed. Big Tech has abused
       | us for long enough. You cannot enforce slavery through terms of
       | service, You also should not be able to own all private
       | information of someone through terms of service.
        
       | apples_oranges wrote:
       | People. Just. Delete. Your. Cookies. Regularly. I am baffled
       | about the crazy amount of debate and technical solutions to a
       | problem that was solved the moment Cookies were invented. In the
       | 1990s I suppose.
        
         | bserge wrote:
         | Just. Don't. Care. About. Ads.
        
         | fauigerzigerk wrote:
         | That would mean getting every single cookie banner,
         | insterstitial ad, newsletter begging screen, country selection,
         | TOS confirmation, etc, on every single visit.
        
           | throwawayboise wrote:
           | That's what I do. I use Firefox, set to delete cookies,
           | cache, and history when I close the browser, and also uBlock
           | Origin. I close the browser frequently, often between sites,
           | certainly before/after visiting my banking site or anything
           | like that.
        
           | badjeans wrote:
           | A lot of those can be blocked with e.g. ublock (the
           | "annoyances" filters, not on by default)
        
             | fauigerzigerk wrote:
             | Yes but apples_oranges suggested that deleting cookies was
             | an alternative to more complex/advanced technical
             | solutions.
        
         | simion314 wrote:
         | >People. Just. Delete. Your. Cookies. Regularly.
         | 
         | Do you think you are clever? Like this ad trackers can't just
         | switch to use local storage, fingerprinting or other methods to
         | go around your clever solution? You can't use tech to solve
         | this, Google, Facebook and the others will tech around your
         | fix.
        
           | apples_oranges wrote:
           | I am not being clever, but sometimes the clever people need
           | an idiot to see what is in front of them. ;) ok tell me what
           | are anonymous browser windows good for? Local storage is not
           | deleted then? If yes, use that.
        
             | simion314 wrote:
             | Sure, now train all people to use that. And then tell them
             | how to edit their hosts file(or to install a firewall) to
             | also block tracking embedded in apps or in the OS. And when
             | the OS vendor goes around the firewall and the DNS by using
             | other technology then tell the users to buy and setup some
             | fancy router and when they invent some other tech then what
             | ?
             | 
             | Much simpler, make tracking without permission illegal so
             | everyone can benefit not only the tech people and the ones
             | that can afford extra routers, VPNs or other tech
             | solutions. Also not sure if private mode is 100% safe.
        
         | inetknght wrote:
         | Your argument isn't grounded in reason. Let me make another one
         | in kind: let me just take all of the money from everyone's
         | wallets. If anyone notices then they can just get new wallets.
        
         | caddywompus wrote:
         | Problem is, there are a ton of ways that these companies track
         | you, not just through session cookies.
         | 
         | Some of the methods are explained here:
         | 
         | https://pixelprivacy.com/resources/browser-fingerprinting/
        
         | DCKing wrote:
         | This is not productive to this conversation.
         | 
         | Please don't propose technical solutions for things that should
         | be solved by law. Protection should be the default, and not up
         | to your own cleverness vs. the cleverness of trillion dollar
         | industries. If that is the fight you have to fight, you will
         | lose either immediately or eventually (see also the next
         | point).
         | 
         | Please don't propose technical solutions that are mostly
         | ineffective due to the huge amount of brainpower spent on
         | browser fingerprinting, super cookies and other means of
         | persistence. Cookies were invented in the 90s, and the means of
         | being more clever than those deleting cookies were invented
         | soon after.
         | 
         | Please don't speak with such condescension about these topics.
         | People might mistake your confidence to imply you are actually
         | on to something, but if the solution to the problem was so
         | simple it would have been solved already - and the industry
         | behind this would be dead or pivoted away.
        
           | emteycz wrote:
           | It's the other way around. Things with technical solution
           | should never be solved by law. Lawmakers and law enforcement
           | is absurdly expensive and law has unforeseen side effects, we
           | should use that only when absolutely necessary.
        
             | DCKing wrote:
             | We'll probably disagree on this, but I think we're well
             | past the point where this is "absolutely necessary". Some
             | of best engineering talent in the world is spent on
             | engineering the internet to 1) misuse human psychological
             | affinities to lure you in and keep you in and 2) build
             | large profiles of you to make as much money from (1) as
             | possible. Targeted advertising and the incentives it
             | creates should be banned as a benefit to society.
        
               | emteycz wrote:
               | The technical solution wasn't even tried, I will agree
               | with you after that fails. Also for example subsidy for
               | Firefox and other independent browsers (of Google/MS/...)
               | could be tried. Law should be the last resort.
        
               | DCKing wrote:
               | I'm curious what the technical solution is you're
               | proposing. I was considering OP's context of a technical
               | solution that's "clearing your cookies regularly". Surely
               | that's both not sufficient (not by a long shot) and being
               | tried at some scale [1]? So probably you mean something
               | else, but I'm not sure what.
               | 
               | [1]: https://en.wikipedia.org/wiki/Private_browsing
        
               | emteycz wrote:
               | First step would be making private browsing the default.
               | Second step would be making strong, capable adblockers
               | built-in. Third step would be something like Firefox
               | containers, one for each domain. Fourth step could be
               | analyzing network traffic for potentially fingerprinting
               | information and blocking it. I am sure there is much more
               | to think of.
        
         | speedgoose wrote:
         | People use Google chrome.
        
         | kzrdude wrote:
         | (Seriously) I don't want to be logged out.
        
           | apples_oranges wrote:
           | why not, your browser or operating system remembers all your
           | logins for you
        
             | inetknght wrote:
             | Automatic logins are easily automatable to steal data from
             | my device, me, and the people around me.
             | 
             | I want to be asked every time a service wants to know who's
             | using it from my device. I want to have the option to
             | immediately decline authorization _before_ any information
             | about me or my device is sent.
             | 
             | I want to have the option to say "no, I don't want this
             | service to know it's me". I also want the option to say "I
             | am <soandso>" even if really I am not <soandso>.
             | 
             | Not giving me that option is a disrespect of me as a user.
        
             | paddez wrote:
             | 2FA slows down the entire log-in process a non-trivial
             | amount - even more so if it's implemented over SMS.
        
               | apples_oranges wrote:
               | hm, then just use a dedicated browser for those logins?
               | use a Firefox for logged in stuff for example, Safari for
               | the other stuff.
        
       | an_ko wrote:
       | In what I imagine is a brilliant twist of irony (I can't read the
       | article), all I see when I open this page is a consent form to be
       | tracked, with a link buried in text to opt out, which brings me
       | to a page that requires me to fill in all of my personal details
       | in order to opt out.
       | 
       | Apparently in order not to track me reading their web page,
       | Reuters requires (among others) my full name, residency, date of
       | birth, street address, and telephone number.
        
         | Jestar342 wrote:
         | I see the usual OneTrust modal, with a giant, very easy to
         | locate "Reject All" button at the bottom of the modal.
         | 
         | https://imgur.com/uZmlGlc
        
           | throwaway2245 wrote:
           | I would wager that "Reject All" does not, in fact, opt you
           | out of "Legitimate Interests" - sites are using the language
           | "Object to Legitimate Interests" for this.
        
           | an_ko wrote:
           | I see the same. Maybe I'm getting confused by the wording and
           | layout.
           | 
           | I interpreted the "Reject All"/"Confirm My Choices" buttons
           | at the bottom to belong only to the "Manage Consent
           | Preferences" section. The "Information Our Partners Collect"
           | part above it is a separate section, with a separate "Accept
           | All" button, and an opt-out link in the text, so I figured
           | the final "Reject All" might only reject the second section.
           | Because why else would they have separate sections with
           | separate buttons?
           | 
           | Either way, none of this inspires confidence that they have
           | my interests in mind.
        
             | estaseuropano wrote:
             | > Either way, none of this inspires confidence that they
             | have my interests in mind.
             | 
             | Bingo. This is the underlying issue. And indeed this dual
             | opt out is probably intentionally confusing - and I'm never
             | sure either whether 'refuse all' refuses also the partners.
        
         | Semaphor wrote:
         | For me (EU) the consent popup has "reject all" at the very
         | bottom (though I only see it with blocking disabled). Pretty
         | lame, but still better than most.
        
           | weinzierl wrote:
           | "For me (EU) [..]"
           | 
           | You are probably not the right person to ask then, but I
           | always wondered: How prevalent are these consent popups
           | outside of the EU?
        
             | curryst wrote:
             | In the US, I see them fairly often. Doubly annoying because
             | I know they don't even have to obey my answers in the US.
        
               | Semaphor wrote:
               | If their consent manager doesn't distinguish between EU
               | and non-eu, I doubt they'll handle your data differently
        
             | bgdam wrote:
             | Way less frequent. I'm usually jumping between Germany and
             | India and whenever I'm in Germany it feels like I'm always
             | getting a popup on every site I visit for the first time.
             | 
             | A lot of the same sites don't bother to throw the popup
             | when I'm browsing from India.
        
         | high_byte wrote:
         | is there some extension to mark links like this? popups,
         | paywalls, consent forms. all of these, I don't mind if the link
         | is red or if their domain is entirely blocked. I'm immediately
         | not interested in such websites and it would save me so much
         | time
        
       | h_anna_h wrote:
       | They could start by making it easier to report and act on GDPR
       | violations (fb, discord, google, etc all have known violations
       | but nobody seems to care). Then they say that they need more
       | safeguards, no, you need to actually start doing something.
        
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       (page generated 2021-02-12 23:01 UTC)