[HN Gopher] Meta unlawfully ignores the users' right to easily w...
       ___________________________________________________________________
        
       Meta unlawfully ignores the users' right to easily withdraw
       consent: complaint
        
       Author : dotcoma
       Score  : 380 points
       Date   : 2024-01-11 09:33 UTC (13 hours ago)
        
 (HTM) web link (noyb.eu)
 (TXT) w3m dump (noyb.eu)
        
       | stavros wrote:
       | I love NOYB, please donate to them (recurring is better), they do
       | very impactful work to safeguard our privacy.
        
         | jacquesm wrote:
         | It's incredible how such an important issue relies on
         | essentially a single individual out of 300+ million.
        
           | stavros wrote:
           | Do you mean NOYB? Aren't they a team?
        
             | HenryBemis wrote:
             | That ONE person out of 300m in the EU bothered to chase
             | this topic.
        
               | stavros wrote:
               | Yes, I'm asking who this "one person" is. This is being
               | chased by NOYB, an organization of multiple people.
        
               | zinekeller wrote:
               | Not OP, but Max Schrems (and that's why the decisions
               | related to this are called _Schrems_ , _Schrems II_ et
               | al.). To be fair, he leads NOYB (so it 's not just him),
               | but he has a personal interest here.
               | 
               | https://en.wikipedia.org/wiki/Max_Schrems
        
               | HenryBemis wrote:
               | We don't know the name, the article states that the org
               | is putting itself in front. I am not surprised someone
               | doesn't want to get entangled with Meta and use his/her
               | own resources to fight this beast.
        
               | avgcorrection wrote:
               | It's a bizzarely opaque statement since the population of
               | the EU is over 400M. (Meanwhile the US population is over
               | 300M.)
        
               | jacquesm wrote:
               | How many of those are 18 and over?
        
               | avgcorrection wrote:
               | Oh, really? Even more opaque. You don't need to be of
               | voting age (??) in order to be an activist or political
               | in some sort of way. I'm pretty sure that Greta Thunberg
               | wasn't when she became famous.
        
               | jacquesm wrote:
               | Schrems is so much more than a teenager activist.
               | 
               | Anyway, if this thread leaves you frustrated then maybe
               | just don't participate in it?
               | 
               | The EU has 100's of millions of people, not all of them
               | are in a position to bring this kind of effort because it
               | requires bringing suit (which children may be able to do
               | but don't generally do) and a very large chunk of a
               | lifetime's worth of dedication. So in an attempt to
               | _roughly_ indicate the order of magnitude of difference
               | between the number of people that _could_ have taken
               | action but didn 't I used the 300 million figure. I
               | haven't checked it for accuracy and Greta Thunberg
               | notwithstanding the fact that you bring her up as an
               | example is exactly because such individuals are _so rare_
               | which is _exactly_ the point that I was making.
               | 
               | Without Schrems for privacy and without Thunberg for
               | climate change these subjects would get less attention
               | than they do, and both of them have been instrumental in
               | making meaningful change when in fact both of these
               | subjects should concern the vast majority of that 300
               | million, give or take.
        
               | Tainnor wrote:
               | Ultimately, there aren't that many people who have the
               | technical knowledge, the ideology (that the internet
               | should be for the good of the general public, not for
               | corporations), the dedication and the time - and those
               | who do exist are split between multiple issues (e.g.
               | preventing the CSAM bill).
               | 
               | In this case, it's specifically that not all DPAs are
               | doing their job correctly: some due to understaffing,
               | others arguably due to ideological reasons.
               | 
               | I partially blame the GDPR itself - I still stand behind
               | the spirit of that law, but it's IMHO not strict enough
               | (or has too many loopholes): I think the selling of
               | personal data to third parties should have been banned
               | outright.
        
               | sgbeal wrote:
               | > That ONE person out of 300m in the EU bothered to chase
               | this topic.
               | 
               | Meanwhile, others of us in the EU simply delete their FB
               | accounts and don't look back. (Right at 5 years ago,
               | fwiw.)
        
             | jacquesm wrote:
             | They're a team but if not for Schrems I doubt the whole
             | thing would have happened.
        
           | chaps wrote:
           | Having done a fair amount of important-but-niche work.. yeah.
           | There are genuinely very few incentives to do this sort of
           | work. It's very much to the point where doing stuff like this
           | necessitates being aggressive towards people who aren't used
           | to that sort of interaction, which is socially extremely
           | difficult to do. And that often even means being aggressive
           | towards colleagues who tend to have softer opinions on
           | things. The alternative is languishing in hidden problems.
           | The folks who end up doing this work, IME, have been burned
           | pretty hard in the past and have decided to continue to wade
           | through the potential of being burned again. Not many people
           | do that.
        
         | cscurmudgeon wrote:
         | Have they said anything at all regarding TikTok? Search seems
         | empty.
        
       | difosfor wrote:
       | I also applaud this and personally would prefer to just pay for
       | services instead of being the product, but I'm afraid this is not
       | a popular opinion. People don't want to pay, at least not
       | knowingly. I'm curious how this will play out.
        
         | robertlagrant wrote:
         | Why do you applaud this? What's it got to do with making a pay
         | option?
        
         | latexr wrote:
         | > pay for services instead of being the product
         | 
         | That cliche is no longer applicable (was it ever?) and
         | repeating it only helps the worst infringers.
         | 
         | You can pay and still be the product. Consider the streaming
         | services which charge you but still serve ads, or physical
         | appliances that you buy but send your usage habits to the
         | manufacturer (like TVs). Paying is not a guarantee that a
         | company will treat you or your privacy with respect.
        
           | happytiger wrote:
           | Here here. Paying no longer protects anything. If anything,
           | you're more valuable as a data brokered account if you're KYC
           | verified as a real person: so in fact _the opposite case is
           | now often the reality._
           | 
           | Consider that paying makes you prime rib for Sunday dinner
           | from a data perspective: card verified PII.
           | 
           | And do not forget that you can be assigned an ID and
           | disassociated from your data, which can then be tracked
           | anonymously _completely legally_ as a non-personally
           | identifiable account. And let me assure you de-anonymizing a
           | collected dataset is often not a very difficult problem in
           | the modern data brokerage filled era.
           | 
           | We cannot pay out way out of this. We need rights to privacy
           | and deletion enshrined in constitutional-style law, and soon.
           | It must become a fundamental human right.
        
             | guappa wrote:
             | *hear hear
        
               | aspenmayer wrote:
               | Thank you. The one that always bugs me on HN is folks
               | "pouring" over something when they really mean poring, or
               | to pore over something.
        
               | seanw444 wrote:
               | I don't think I've ever seen that one done correctly.
        
               | aspenmayer wrote:
               | It's pretty rare to find a good pour over too, but Peet's
               | does a decent one. /s
        
               | MeImCounting wrote:
               | OK but really if you want good coffee dont go to national
               | corporate chains go to your local roaster is is
               | passionate about good coffee. Always better.
        
               | aspenmayer wrote:
               | Naturally. I'm in full agreement.
        
               | GrinningFool wrote:
               | Right up there with "weary" being used as an
               | unintentional portmanteau of "leery" and "wary".
        
               | dmoy wrote:
               | Oh man, that explains a lot of my confusion. I've seen
               | people say weary and I thought they actually meant weary.
               | Like they were tired because of the thing. But it never
               | scanned correctly, so I was just confused.
               | 
               | Now it makes sense - they meant wary / leery.
        
               | aspenmayer wrote:
               | Until they mentioned it, I wasn't even aware of how many
               | abuses of the English language lay in these hills. I'm
               | spooked lol
        
               | aspenmayer wrote:
               | I don't assume that people who don't know how to use
               | weary correctly are that clever, but perhaps you're just
               | more grammatically optimistic than I am.
        
             | HenryBemis wrote:
             | This is 100% true. The problem is not paying or not. The
             | problem is that tracking, collecting and selling your data
             | is irrelevant to the Facebook few. They will still trade
             | you as a cattle. The only difference is that you won't be
             | flooded with ads (BM - 15MM - ads playing in full volume
             | because you dared to look away)
        
           | brookst wrote:
           | You can wear a seat belt and still die in a crash.
           | 
           | Nothing in life is a guarantee. It's pure pedantry to hear
           | someone say "I would rather pay than be the product" and to
           | choose to interpret that as "I believe that paying always
           | guarantees that the company will never also use indirect
           | monetization".
           | 
           | Preferring business with direct monetization models is risk
           | mitigation, not a naive (and incorrect) belief in a magic
           | bullet solution to a complex problem.
        
             | HenryBemis wrote:
             | So next time you walk down the street, if someone crosses
             | your path give them you wallet, phone, laptop, sneakers,
             | jacket because "hey they may pull a knife on me"(?)
             | 
             | I say that where money can be made, money will be made. But
             | we have laws and regulations, and when the Metas of this
             | world play dirty, you can stick it to them. (in most cases
             | it will be too little - too late)(but the solution is not
             | to roll over)
        
             | thfuran wrote:
             | No, the naivety is in the belief that paying offers any
             | privacy protection. It's not a seat belt; it's homeopathic
             | snake oil.
        
           | javari wrote:
           | > Consider the streaming services which charge you but still
           | serve ads
           | 
           | I pay for the ad-free experience on every service that offers
           | it, and I still see ads. The 4 second hulu splash screen at
           | the start of EVERY item I stream is still an ad. HBO, sorry
           | MAX, showing 30s ads for other shows EVERY. TIME. I stream
           | something, still an ad. At least those I can skip, but I
           | shouldn't have to.
           | 
           | There was no real purpose to my post, I just needed to vent
           | about that part your point.
        
             | plagiarist wrote:
             | I don't think you should continue using them if paying for
             | them still has ads. We take collective action now or we end
             | up with cable TV all over again.
        
         | nkrisc wrote:
         | You're always the product, even if you pay. As long as it's
         | legal and profitable (or perhaps even illegal), you'll always
         | be the product.
        
         | globalise83 wrote:
         | The personal data of a user who pays is more valuable than that
         | of a user who doesn't pay ;)
        
           | bonton89 wrote:
           | Especially since you have to dox yourself in order to pay.
           | They might have a pretty good idea exactly which individual
           | you are before you pay but they definitely do after.
        
         | Someone wrote:
         | > People don't want to pay, at least not knowingly
         | 
         | That's fairly recent. It was (and is) normal to pay for having
         | a phone number. Paying more for making a phone call was normal,
         | too, as was paying for such services as a phone line that told
         | you the current time or a weather prediction.
         | 
         | It was also normal to pay for having an email address, and most
         | people, to this day, pay for having internet connectivity.
         | 
         | I think it's more that people object to moving from 'free' to
         | paid. If most people pay for a service, they'll accept that as
         | the way it is.
         | 
         | For example, I think people would happily pay $1 of more a
         | month for GPS, if it never hadn't been free.
        
           | denton-scratch wrote:
           | > That's fairly recent.
           | 
           | No, it's not. In the early days, everything on the internet
           | was free. Before 1996, commercial activity on the internet
           | was forbidden.
        
             | vidarh wrote:
             | I ran one of many commercial ISPs in 1995 and we founded
             | ours out of frustration with the available commercial ISPs
             | before us.
             | 
             | AFAIK the first commercial ISP dates to around '89.
             | 
             | But I don't think the fact _the internet_ once had
             | restrictions on commercial activity really makes much
             | difference to the argument above other than in the details,
             | given the argument was broader than about the net.
        
               | denton-scratch wrote:
               | Oh, by "on the internet", I meant internet services.
               | Sure, it cost money to get connected!
               | 
               | So I read the argument above as being about internet
               | services; not hardware or connectivity, that would make
               | it hard to understand.
        
         | afsag wrote:
         | Since running a business costs money, the only result that will
         | satisfy organisations like noyb is that companies like Facebook
         | disappear from the EU. You will read many people here in HN
         | openly saying how they would like social media to disappear,
         | not only for themselves, but for everybody else, including
         | those who enjoy it.
        
           | latexr wrote:
           | > Since running a business costs money
           | 
           | They should charge a fair price for their product and deliver
           | something good to customers.
           | 
           | No one is forcing Facebook to not charge for their service.
           | They just can't do it without slurping your data. If they
           | can't have a business without invading people's privacy, they
           | shouldn't have a business. It is baffling that people still
           | shill these practices from big corporations. It's like saying
           | "I can't make money without robbing you, so it should be
           | legal for me to rob you".
           | 
           | > the only result that will satisfy organisations like noyb
           | is that companies like Facebook disappear from the EU.
           | 
           | This is absolutely not true and frankly reads like an
           | argument in bad faith. noyb's position is clear: don't invade
           | people's privacy.
        
             | FinnKuhn wrote:
             | There is the option to pay for Instagram (and probably also
             | Facebook I assume, but not sure) instead of sharing your
             | data in the EU. https://glamsham.com/world/technology/meta-
             | faces-new-eu-comp...
        
               | latexr wrote:
               | As per the article (in the bold part at the top):
               | 
               | > This is illegal, as the GDPR clearly states that
               | withdrawing your consent must be "as easy as" giving it.
               | 
               | The whole point of the article and this discussion is
               | precisely that you can't make privacy protections a
               | separate "feature".
        
           | roelschroeven wrote:
           | NOYB is not inherently opposed to Facebook and other social
           | media. It _does_ fight against unlawful (and arguably
           | unethical) tracking. If a company can 't find a solid
           | business model that works within the bounds established by
           | law, that's not NOYB's problem.
           | 
           | NOYB is perfectly fine with companies making money by placing
           | ads (as long as they preserve your privacy).
        
           | brookst wrote:
           | This is incorrect, or at least incorrect if you generalize it
           | beyond noyb.
           | 
           | All I want is for the true costs of using a product to be
           | understood. Businesses can and should make money! But it's
           | wrong to present a product as "free" when it is not. It's no
           | different than having a fine print click license granting
           | Facebook permission to come take stuff from your garage.
           | 
           | Yes, businesses cost money to run. No, that does not mean
           | that all business models must be permitted regardless of
           | consumer and social harm.
           | 
           | There is no fundamental right to a profitable businesses; if
           | a business cannot be profitable within the bounds we choose
           | to set, oh well.
           | 
           | (And I say this as a huge EU policy skeptic that thinks they
           | are way over-regulating)
        
           | mnw21cam wrote:
           | I don't understand this argument. Meta makes its money from
           | selling adverts. Meta grabs bucketloads of personal data from
           | us. Meta shows us adverts when we access their systems. NOYB
           | is objecting to Meta grabbing bucketloads of personal data
           | from us. This doesn't stop them selling adverts or showing
           | adverts to us, therefore it doesn't stop Meta making money.
           | There's no reason for Meta to disappear - just for them to
           | stop violating our fundamental rights.
        
           | troupo wrote:
           | You can still show ads. Literally nothing in the EU prevents
           | you from showing ads.
           | 
           | Edit: You can still charge for your services. Literally
           | nothing in the EU prevents you from charging for your
           | services.
        
         | pmontra wrote:
         | I pay for a lot of services and I don't pay for many more of
         | other ones. I also don't use a lot of free services. I'm sure
         | that I'm a product of a lot of services I pay for, despite I'm
         | paying for them. They are probably selling my data with or
         | without my consent. There are so many fine prints and different
         | ways to interpret the terms of contract.
        
         | dathinab wrote:
         | Yes me too, mostly.
         | 
         | Through it should be noted that GDPR requires no tracking but
         | not no ads, and companies try to lump that together to pretend
         | there is no reasonable solution.
         | 
         | E.g. a lot of newspapers use approaches similar to Meta (and
         | similar not lawful) i.e. either you get tracked and ads or you
         | pay and get neither ads or tracking. But this is illegal as
         | opting out is noticeable more complex then opting in (account
         | creation requirement is already illegal, money requirement more
         | so). What would be legal would be a choice between
         | "ad(personalized with tracking)" or "ad(no tracking)" and "no
         | ad but account + cost money". You also still can choose ads
         | based on the article/site content etc. (Also another problem
         | with account requirement for no adds is that it often
         | deceptively sneaks in the permission to track when creating the
         | account making it de-facto no option to not be spied on!)
         | 
         | Another problem is that it can be easily too expensive for many
         | people (not just very poor ones). Especially if like currently
         | there are no "supper cheap but also very limited accounts".
         | 
         | I mean consider YT Premium Lite is 5.99EUR, no ads but you
         | still get tracked. Twitch has no Lite version (and some non YT-
         | lite premium features are actually for free) cost 11.99 (YT non
         | lite is 12.99). Most news papers and similar are between 3EUR
         | and 8EUR or so, commonly 5EUR. Of most of them I only read ~1
         | article per moth or so, often less and often not even the whole
         | article sometimes I just look for a link to the original source
         | and often I realize I just got click baited and bail out. Like
         | you could easily end up 80+EUR a month that's just ... to much
         | for many.
         | 
         | And in pretty much all case paying means no ads but not no
         | tracking/selling your information, at best a bit less tracking.
        
         | pnt12 wrote:
         | I think the price point was meant to discourage people from
         | paying. It's on par with streaming services, but with the
         | content produced by the users. Do they get 200+ dollars in ads
         | for the average user?
         | 
         | For example, I considered paying but I have a semi-inactice
         | Facebook account which isn't worth that to me. I'm also not
         | convinced of Facebook's integrity to honor the deal and not
         | process the data anyway.
        
         | abdullahkhalids wrote:
         | People pay for lots of social gathering type places - community
         | centers, libraries, gyms, clubs and such. But they only do so
         | if the prices are reasonable. And prices are usually reasonable
         | because the club in question is not trying to grow till it
         | takes over the world. It is a roughly fixed size place, where
         | subscription fees pay for keeping the place running.
         | 
         | The cost of running most social media is only about a $1/year
         | (yes year not month) [1]. Social media companies when they want
         | to charge $50-100/year. People are not stupid. Why would they
         | pay more than $2/year.
         | 
         | [1] https://news.ycombinator.com/item?id=38291427
        
         | avgcorrection wrote:
         | I know this is a startup incubator (whatever that is) forum,
         | but I'm tired of this Market Strategy-first framing.[1]
         | Companies like Meta clearly gave away access to their platform
         | in order to build an effective monopoly in some niche.[2] And
         | companies will do whatever within the Law to increase profits.
         | I'm sure all the CEOs here will agree. Anything less is leaving
         | money on the table.
         | 
         | This worship of the Market Strategy was bad enough before when
         | there wasn't much talk of actual _laws_ defining how much of a
         | "product" they can make their users. But now there are! And
         | this submission is about unlawful practices. And we're still
         | going to frame this as Meta just being effectively forced by
         | the horrible consumers who refuse to "pay for services"?
         | Ridiculous.
         | 
         | And I haven't even really gotten into how much of a fallacy the
         | specific belief is that if you just "pay for services" then you
         | won't become a "product". But thankfully there are a lot of
         | other reasonable posters on this forum about tech company
         | profit-maximization.
         | 
         | [1] The Company's perspective is the prime one. The Company
         | doing shady stuff is merely because the consumer's are stingy
         | or difficult in some way. If the consumers are inconvenienced
         | by the Company then that is just because the Company had to
         | adopt a market strategy which is not as wholesome as the one
         | they could have used if the consumers were better in some way.
         | 
         | [2] And do we have to retread the hopelessness of making a
         | social network _where you have to pay to use it when no one
         | else is using it (at the start)_? That's a complete dead-end.
        
       | gampleman wrote:
       | The DPC (if it is legally an option) should go for the highest
       | possible fines available to them at this point, since Meta has by
       | repeated and wilful infringing made it pretty clear that they
       | will try anything to get around these laws.
       | 
       | Like I have some sympathy for a legacy business that simply
       | mismanages their GDPR obligations and buys some dodgy "compliance
       | management" solution and ends up infringing - there a "slap on
       | the wrist" light enforcement is appropriate.
       | 
       | But Meta has been entangled in GDPR enforcement since the
       | beginning, repeatedly, who clearly understood the regulation to
       | begin with and went straight out of the gates attempting to
       | workaround and arguably being the reason the regulation was
       | enacted in the first place.
       | 
       | I really want to see those 4% of global revenue fines piling on
       | at this point.
        
         | Nextgrid wrote:
         | The DPC is corrupt and does not want to go for the highest
         | possible fines. They have been extremely lenient towards
         | Facebook despite being able to impose harsher punishments.
        
       | jddj wrote:
       | I haven't touched Instagram since they offered this ultimatum.
       | 
       | Hopefully I can wait it out. The only reason I might have needed
       | to use it would be to reach people whose contact I only have on
       | there.
        
         | Lewton wrote:
         | Same with me and Facebook, I missed out on a christmas get-
         | together among long time friends because of it :/
         | 
         | At least the group who did show up "blamed"* the host for only
         | inviting to the event via FB, which I see as a massively
         | positive sign of the culture slowly changing
         | 
         | *Not in a negative way, but in a "what did you expect, only
         | inviting people via facebook" kinda way
        
       | noirscape wrote:
       | This is an interesting argument. I wonder how it would be handled
       | if Facebook instead had a 2-tier system where both tiers were
       | paid. So you'd have to pay a base fee to use Facebook (and get
       | tracked) and then a premium tier to remove the tracking.
       | 
       | Putting aside the obvious ethical issues with such a system (that
       | are obviously the reason why NOYB is filing), the "as easy to
       | withdraw as it is to give" setup would be kept in such a
       | situation I think.
       | 
       | Ethically, paying for privacy has in my opinion no place in a
       | post-GDPR world (and I do support the GDPR) and it's shameful
       | that several DPAs have tacitly approved of it for local
       | newspapers. Facebook doing it will likely drag the practice to
       | CJEU, which is the worst outcome for this scheme because CJEU
       | tends to not like GAFAMs "it's not against the letter, but
       | against the spirit" crap in the slightest. I personally wouldn't
       | be surprised if CJEU ends up shooting down the scheme as
       | violating the GDPR.
        
         | TomasEkeli wrote:
         | could you please explain what those abbreviations mean? I know
         | GDPR, but the rest are obscure to me.
        
           | noirscape wrote:
           | NOYB: "None of Your Business", it's the site being linked.
           | They're a customer rights activist group led by Max Schrems
           | whose self-declared job appears to be "drag every business in
           | the world to the attention of the DPAs to make sure they're
           | both compliant and don't do any funny business with the
           | GDPR".
           | 
           | DPA: Data Protection Authority. They're local to each EU
           | country (including those that aren't full Member States but
           | do follow EU laws) and it's their job to enforce the GDPR at
           | a country level. Usually they're a government department. The
           | one you hear the most in the context of GAFAM enforcement is
           | the Irish one, which is infamously underequipped and
           | overburdened because GAFAM has lobbied the Irish government
           | to not take enforcement seriously so all GAFAM companies can
           | put their EU headquarters there (which permits them to only
           | have to comply with the Irish DPA, something called the "one-
           | stop shop" solution.)
           | 
           | CJEU: Court of Justice of the European Union. Think SCOTUS
           | but for the EU. While technically the CJEU doesn't operate on
           | the concept of precedent (its main job is enforcing that
           | Member States follow EU laws and directives correctly), their
           | interpretations of EU law are the final interpretation of
           | those laws. Usually once a case has gone through a DPA and
           | isn't resolved satisfactorily (or isn't complied with), it
           | ends up before CJEU. GAFAM has dragged basically all
           | enforcement cases before CJEU to drag out the process.
           | 
           | GAFAM: An abbreviation referring to the five largest American
           | tech giants: Google, Apple, Facebook, Amazon, Microsoft.
           | Usually is used as a shorthand for the "big tech" side of the
           | IT industry.
        
             | screwt wrote:
             | With Google->Alphabet and Facebook->Meta, we can now use
             | MAAAM instead.
        
             | ahahahahah wrote:
             | Interesting, how many of the 100s of newspapers in the EU
             | that are doing exactly the same thing as Facebook has he
             | dragged into court for doing it? They've been doing it for
             | a lot longer. I do see some cases against Conde Nast, but
             | that's not for this behavior.
             | 
             | I do think it's good though when somebody will go and try
             | to take the most extreme position of some law so that the
             | lawmakers will maybe realize that they got it wrong.
        
               | cccbbbaaa wrote:
               | https://noyb.eu/en/pay-or-okay-beginning-end
               | 
               | https://noyb.eu/en/pay-or-okay-tech-news-site-heisede-
               | illega...
        
         | latexr wrote:
         | > the "as easy to withdraw as it is to give" setup would be
         | kept in such a situation I think.
         | 
         | Debatable. Let's say the base fee was 1EUR and premium was
         | 1000000EUR. Not many people could afford the latter. Even if it
         | were 25EUR, or 10EUR, or even lower, as long as there's any
         | price discrepancy, one is not as easy as the other.
        
           | xvector wrote:
           | Who cares? No one is making you use Facebook. It is totally
           | okay to walk away and say "nah, I don't want to be tracked."
           | 
           | You can consume alcohol and various drugs in the EU but can't
           | say yes to consenting to tracking. Absolutely absurd.
        
             | fsflover wrote:
             | > No one is making you use Facebook
             | 
             | Did you ever hear about the network effect? An example:
             | https://news.ycombinator.com/item?id=38954091
             | 
             | > but can't say yes to consenting to tracking
             | 
             | You can. But how do you _not_ consent?
        
             | denton-scratch wrote:
             | Are you saying that it's OK for Facebook to break the law
             | and violate users' privacy, because users have the option
             | of not using Facebook? Like, it's OK to mug people in
             | Brixton, because if you don't want to be mugged you can
             | just avoid Brixton?
             | 
             | Anyway, Facebook tracks people who've never visited the
             | Facebook website, via their fkin Like button. So yes:
             | people are making me use Facebook.
        
             | Yujf wrote:
             | There are things you can't put in food even though you can
             | choose not to eat it.
             | 
             | Individual action does not work for some issues. This is
             | one of them.
             | 
             | Tracking is everywhere. It is not just facebook. It is
             | every website and there is no realistic alternative as an
             | individual user except be excluded from majority of the
             | internet.
        
         | tzs wrote:
         | > Ethically, paying for privacy has in my opinion no place in a
         | post-GDPR world (and I do support the GDPR) and it's shameful
         | that several DPAs have tacitly approved of it for local
         | newspapers.
         | 
         | Is that paying _for_ privacy or paying _with_ privacy?
        
       | lnxg33k1 wrote:
       | I would never have expected it, it's such a nice company
        
       | numpad0 wrote:
       | Deliberately leaving HTTP 402 reserved and undefined so Internet
       | will stay free beer was a grave mistake.
        
       | loa_in_ wrote:
       | Meta missed the part where their reparation doesn't have to be an
       | easy fix. They dug themselves into a hole
        
         | sonicanatidae wrote:
         | And why would they care when this will result in a fine that is
         | less than they generate selling their user's lives to whomever.
        
       | octacat wrote:
       | Of course it does. I have noo idea what happens if I press "Save
       | settings" on all these cookie banners. Pretty sure somewhere
       | there is a hidden checkbox that allows everything. It probably
       | still tracks, just makes you happy reading the giant popup list.
       | 
       | They invented "essential cookies for marketing purposes" anyway.
       | And after there was this "You accept tracking ads or you pay to
       | us" popup.
        
         | bitshiftfaced wrote:
         | Similar issue with Reddit's privacy "settings" last I checked.
         | I'd uncheck everything. Then I'd go back. Some stayed
         | unchecked. Some didn't. Go figure.
        
           | pc86 wrote:
           | Could just as easily be malicious or just bad developers.
        
             | greyface- wrote:
             | From a compliance perspective, does the difference matter?
        
               | pc86 wrote:
               | Not at all, malicious may even be preferable as that's
               | easier to correct than "skill issue." But I would argue
               | it does matter from the "$TECH_CO bad amirite"
               | perspective.
        
               | swiftcoder wrote:
               | An organisation is what it does. Not really relevant
               | whether the CO is malicious or incompetent, if the result
               | is the same.
        
       | londons_explore wrote:
       | I completely understand Meta finding profitable ways to skirt
       | around the law - even breaking it subtly at times.
       | 
       | But I'm very surprised the apparent offsenses are so large and so
       | obvious.
       | 
       | I was expecting them do do more subtle things like 'accidentally'
       | asking users their cookie preference every time they use the site
       | till they hit accept, and then never asking them ever again. When
       | investigated, they can easily say 'oh, it was a bug because the
       | fact the user rejected cookies was itself stored in a cookie'.
        
         | autoexec wrote:
         | > But I'm very surprised the apparent offsenses are so large
         | and so obvious.
         | 
         | As long as it continues to be more profitable to go big when
         | they break the law that's what facebook will do. Same as any
         | other company. No need for facebook to even try to hide it
         | because the fines/slaps on the wrist just don't matter. Try
         | locking up CEOs or shareholders and watch how quickly they
         | start following the law.
        
       | scotty79 wrote:
       | Facebook should be forced to pay EUR 251.88 per year to all the
       | user who consented to keep the symmetry. It's only fair if that's
       | how much data violating basic privacy is worth to Facebook.
        
       | lakomen wrote:
       | Clear violation, yet so many online "newspapers" do it. Pay or
       | get tracked and have ads shown. Despite a ruling that it's
       | unlawful.
        
         | smcin wrote:
         | Which specific ruling? The DPAs of a couple of EU member
         | countries, on "pay or okay"?
         | 
         | Are you talking about what online newspapers do in EU, US or
         | where?
        
       | 1vuio0pswjnm7 wrote:
       | https://web.archive.org/web/20240111074148if_/https://noyb.e...
        
       | 1vuio0pswjnm7 wrote:
       | If one reads the complaint, really all the complainant is trying
       | to do is to change his subscription from unpaid to paid.
       | 
       | First he subscribes to Facebook and Instagram for free, an unpaid
       | subscription where he agrees to receive targeted ads.
       | 
       | Next he tries to change his subscription to paid, presumably with
       | terms where Meta agrees not to send targeted ads.^1
       | 
       | Signing up for the unpaid subscription can be done with a single
       | click.
       | 
       | Signing up for the paid subscription cannot.
       | 
       | "When the complainant finally reached the correct page, he was
       | confronted with two options. The first preselected and reflecting
       | his current situation was to continue using Facebook with
       | trackers (Kostenfrei mit Werbung verwenden). The second entailed
       | the purchase of a 9,99 monthly subscription, in order to have
       | access to the service without being tracked (Aboabschlieen und
       | ohne Werbung verwenden) see screenshot below, left side."
       | 
       | There should really be a third option: unsubscribe.
       | 
       | 1. But does data collection still continue. Meta would probably
       | argue it needs to track everything the complainant does while
       | logged in to the Facebook and Instagram servers for "security"
       | but without any restrictions on how they can use the data
       | collected. We have already seen Facebook and Twitter getting
       | caught using collected telephone numbers for commercial purposes
       | when they were collected under the guise of being needed for
       | "security". Even more, is Meta still allowed to track the
       | complainant on the open web, outside of Meta's websites. The
       | claims of "security" arguably do not apply there.
        
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