[HN Gopher] France fines Apple EUR150M for "excessive" pop-ups t...
       ___________________________________________________________________
        
       France fines Apple EUR150M for "excessive" pop-ups that let users
       reject tracking
        
       Author : sebastian_z
       Score  : 177 points
       Date   : 2025-03-31 17:38 UTC (5 hours ago)
        
 (HTM) web link (arstechnica.com)
 (TXT) w3m dump (arstechnica.com)
        
       | nottorp wrote:
       | Actually Apple were fined because they don't apply the same
       | standard to their own pop-ups that allow users to reject
       | tracking. On Apple popups you seem to need one click, while on
       | 3rd party popups you need to confirm twice.
       | 
       | So the fine seems to be for treating 3rd parties differently from
       | their own stuff.
       | 
       | They could make their own popups require double confirmation
       | instead...
        
         | bredren wrote:
         | >The agency said there is an "asymmetry" in which user consent
         | for Apple's own data collection is obtained with a single pop-
         | up, but other publishers are "required to obtain double consent
         | from users for tracking on third-party sites and applications."
        
         | gruez wrote:
         | What's even the "double confirmation" that's required?
         | 
         | 1. the ATT permission prompt from iOS
         | 
         | 2. a prompt from the app itself
         | 
         | ?
        
           | refulgentis wrote:
           | Yes
        
             | BeFlatXIII wrote:
             | Then it's not a problem and France is just throwing some
             | hissy fit.
        
         | ezfe wrote:
         | Right, but that second click isn't coming from Apple and they
         | can't control it. The article specifically says that many apps
         | feel like they need additional consent which means they have to
         | request it through two channels.
         | 
         | If Apple doesn't feel like they need additional consent and/or
         | doesn't use ATT-blocked systems then they don't need that.
         | 
         | This is stupid.
        
           | leereeves wrote:
           | > The article specifically says that many apps feel like they
           | need additional consent
           | 
           | Are they right about that? Does Apple provide the app with
           | confirmation that the user consented, and if they do, is it
           | legal to rely on that confirmation?
        
             | gruez wrote:
             | You can definitely check on whether the user answered yes
             | to the prompt, because if they declined you'll get a null
             | (ie. all 0s) uuid. Whether app developers can rely on that
             | as confirmation for tracking on their side is a purely
             | legal question, and I wish the French government would try
             | to resolve it on their side rather than going straight to
             | fining Apple.
        
               | Swenrekcah wrote:
               | As a European Apple user I welcome any and all fines that
               | can be levied on Apple for their anticompetitive
               | practices.
        
               | gruez wrote:
               | What's "anticompetitive" here? If the description
               | provided in my previous comment is correct, it seems to
               | be more of a failure on the part of the regulators than
               | anything else.
               | 
               | The EU (through GDPR) also wants some sort of affirmative
               | consent for tracking. That's fair, and results in one
               | prompt. However, iOS obviously can't accept a "trust me
               | bro" from the app itself that it's okay to enable cross-
               | app tracking, so you need a second prompt. The obvious
               | solution would be to combine the two, by allowing the ATT
               | prompt to be used as consent for the purposes of GDPR.
               | Why didn't French regulators go with this solution and
               | decide to fine Apple instead?
        
               | refulgentis wrote:
               | "there is an "asymmetry" in which user consent for
               | Apple's own data collection is obtained with a single
               | pop-up, but other publishers are "required to obtain
               | double consent from users for tracking on third-party
               | sites and applications."
               | 
               | more @ https://news.ycombinator.com/item?id=24109695 (via
               | https://www.forbes.com/sites/johnkoetsier/2020/08/07/appl
               | e-a...)
               | 
               | EDIT: Throttled, so reply can go here:
               | 
               | > My previous comment directly addresses the "asymmetry"
               | aspect.
               | 
               | Apologies, you asked what the asymmetry was and I guess
               | I'm still rather confused even after reviewing the
               | thread. I think I've had too much caffeine...or not
               | enough? :)
               | 
               | > The obvious solution would be to combine the two, by
               | allowing the ATT prompt to be used as consent for the
               | purposes of GDPR. Why didn't French regulators go with
               | this solution and decide to fine Apple instead?
               | 
               | I've been involved in regulatory stuff before and it's
               | considered overreach, generally, when the government does
               | UX design for you. Hopefully, that's a solution Apple can
               | consider, it's a great idea on your end, excellent for
               | users and competition.
        
               | gruez wrote:
               | My previous comment directly addresses the "asymmetry"
               | aspect.
               | 
               | >The obvious solution would be to combine the two, by
               | allowing the ATT prompt to be used as consent for the
               | purposes of GDPR. Why didn't French regulators go with
               | this solution and decide to fine Apple instead?
               | 
               | edit:
               | 
               | >Apologies, you asked what the asymmetry was and I guess
               | I'm still rather confused even after reviewing the
               | thread. I think I've had too much caffeine...or not
               | enough? :)
               | 
               | The point is, I can see where the "asymmetry" is, but I
               | don't understand why they went decided to fine Apple
               | rather than do something on their side (ie. rework the
               | idea of consent in GDPR to allow for reusing the ATT
               | prompt) to fix the "asymmetry". I think most people would
               | agree that the ATT prompt from iOS must stay, and it's
               | better to address the "asymmetry" by making third party
               | apps more streamlined, than by making iOS worse[1]. That
               | would be entirely within the French regulators' remit.
               | 
               | [1] https://en.wikipedia.org/wiki/Harrison_Bergeron
        
               | umbra07 wrote:
               | > but I don't understand why they went decided
               | 
               | You're assuming the regulators have no other motivations
               | besides increasing consumer privacy?
        
               | frizlab wrote:
               | As a European Apple user, I don't. I specifically WANT
               | the walled garden. It's one of the reasons why I buy
               | Apple.
        
             | stagalooo wrote:
             | > Third-party publishers "cannot rely on the ATT framework
             | to comply with their legal obligations," so they "must
             | continue to use their own consent collection solution," the
             | French agency said.
             | 
             | This absolutely sounds like a problem caused by the law and
             | not apple. Apps can't rely on the prompt for legal
             | authorization (presumably because it is filtered through
             | apples apis?) and must therefore ask themselves.
             | 
             | The only two solutions I see to this is either Apple can't
             | prompt which means they can't protect the user or the law
             | can change to accept the prompt as authorization to track.
        
           | bilbo0s wrote:
           | Right.
           | 
           | I'm not sure this is fixable?
           | 
           | Or maybe there is widespread misunderstanding of the
           | requirements in this scenario? But I also thought the rule
           | was tough enough to require verifying that extra consent?
           | Maybe it's not?
           | 
           | Truly confused here.
        
             | duskwuff wrote:
             | > I'm not sure this is fixable?
             | 
             | Not from Apple's end.
             | 
             | Apple mandates that all requests for permissions go through
             | a single, OS-provided dialog. If a user accepts, the
             | permission is granted; if the user rejects, the permission
             | is not granted, and the app can't ask again. Simple enough.
             | 
             | App developers try to maximize their chances of getting
             | that permission granted by adding another warm-up dialog
             | _before_ actually doing the official permissions request.
             | Since those other dialogs aren 't part of Apple's
             | permissions request chain, they can be rejected by the user
             | without consequence, and the app can present them as often
             | as it wants.
             | 
             | There is nothing which requires third-party developers to
             | use these additional dialogs. It's a design pattern (and an
             | annoying one at that) which many developers have gravitated
             | towards. Not all developers use it; in particular, Apple
             | doesn't use it for their first-party apps. And apparently
             | FCA is faulting Apple for not following that pattern
             | themselves.
        
               | refulgentis wrote:
               | > There is nothing which requires third-party developers
               | to use these additional dialogs.
               | 
               | Well, yes there is: I don't have carte blanche to do
               | whatever I want with your data because you tapped an
               | _Apple_ dialog: I have to obtain your consent first.
        
               | benmanns wrote:
               | This is interesting to me--are you an app developer that
               | does this pattern for that reason? I definitely figured
               | it was exclusively because they can request repeatedly
               | for the fake prompt, and only "use" their prompt when the
               | user is inclined to accept. There are times where I'll
               | accept the first prompt and reject the second prompt when
               | apps are spammy about it.
        
               | kemayo wrote:
               | I don't see why that matters? Your app triggered the
               | Apple dialog to be shown, asking a question about what
               | your app is allowed to do, and you can see what the
               | answer the user gave is. Why _wouldn 't_ that be enough?
        
               | cosmic_cheese wrote:
               | That, "we need to maintain the ability to pester the user
               | again" pattern is really annoying. Apple should add a
               | screen at initial setup that allows the user to default
               | every permission that it's possible to use that pattern
               | with to "no" and skip the one time dialog just to screw
               | with apps that do it.
        
               | abdullahkhalids wrote:
               | It's part of acceptable use by Apple [1], with guidelines
               | how to show the first popup.
               | 
               | [1] https://developer.apple.com/design/human-interface-
               | guideline...
        
               | duskwuff wrote:
               | It's considered acceptable within bounds (i.e. no
               | tricking the user into tapping "accept"), but not
               | required. At least, not by Apple.
        
               | frumper wrote:
               | The link you posted is about not giving the user a
               | choice. It's an optional pre alert screen that only leads
               | to the system request. Apps are choosing to allow users
               | to say no/cancel on that screen that then lets them ask
               | again and again without wasting their one chance with the
               | system prompt pop up.
        
           | maccard wrote:
           | > The article specifically says that many apps feel like they
           | need additional consent which means they have to request it
           | through two channels.
           | 
           | Surely the same argument can be applied to the cookie law -
           | many sites feel like they need consent therefore it's unfair
           | over people who think they only need one prompt.
        
         | crazygringo wrote:
         | I'm genuinely confused. Where's the double part?
         | 
         | When I install an app I get a single popup asking whether I
         | want to share with advertisers or not.
         | 
         | I don't have to do anything twice.
         | 
         | Is it different in Europe or something? Is there a second popup
         | there, and if so, what?
        
           | tarentel wrote:
           | I'm assuming there are additional GDPR compliance asks in
           | Europe when using apps. If that's the case I don't see how
           | that is Apple's fault. I wish this article was a bit better
           | but after reading a few of them I still don't get what the
           | actual complaint is.
        
           | AlanYx wrote:
           | This is for system-level permissions. In third-party apps,
           | the app asks whether you want to enable X permission and then
           | you get an OS-level confirmation request. It's not just in
           | Europe.
           | 
           | Likely they'll fall back in Europe to double-prompting as
           | well in system apps.
        
             | crazygringo wrote:
             | I've never gotten that, I don't think? I only get the OS-
             | level request. For ad tracking we're talking about? But
             | even for stuff like Bluetooth or location.
             | 
             | I mean, I've had apps show a popup beforehand explaining
             | what they want me to answer. But that's not required, nor
             | does it seem common.
        
             | 85392_school wrote:
             | Do we only care now that the permissions being requested
             | are related to tracking?
        
         | tedunangst wrote:
         | I'm actually okay with the Apple Camera app asking me once and
         | the Domino's Pizza app having to ask me twice. Who are the
         | consumers being harmed here?
        
           | pests wrote:
           | Domino's?
        
             | jtmarl1n wrote:
             | US-based Pizza restaurant
        
               | pests wrote:
               | I know what it is. They were asking who was harmed.
        
               | Retric wrote:
               | Double conformation would presumably help Dominoes as it
               | would encourage people to accept tracking.
        
           | arrosenberg wrote:
           | It's anti-competitive. Apple owns the platform and is giving
           | preference to it's own apps on that platform. Every non-Apple
           | app that competes with an Apple app is harmed.
        
             | tedunangst wrote:
             | So the solution is Apple will be forced to trust that apps
             | asked properly, and grant whatever permissions the app
             | claims I agreed to? And that's going to encourage me to use
             | more third party apps?
        
               | arrosenberg wrote:
               | If they want to own the platform and compete on it
               | simultaneously, they need to abide by the same common
               | carrier rules they impose on everyone else. They could
               | easily achieve this by enforcing the same level of
               | security on their own apps.
        
               | arcticbull wrote:
               | They could just ask twice on their own apps.
        
             | BeFlatXIII wrote:
             | I thought the double pop-ups were because the app asks
             | permission to ask permission, rather than Apple requiring
             | apps to prompt twice.
        
             | st3fan wrote:
             | This is not what this case is about.
        
               | arrosenberg wrote:
               | Seems like it's roughly what it is about. Apple has a
               | mandatory consent, but won't adapt it so that third party
               | apps can integrate their own tracking consent into it. As
               | a result third party apps are treated differently than
               | first party because they have one fewer consent screen.
               | That advantages entrenched incumbents with big, locked-in
               | user bases and disadvantages new entrants. Since Apple
               | owns the platform, it's anticompetitive to pass
               | regulations (which is what Apple is doing here) that
               | discriminate against other participants in a way that
               | acts as a competitive advantage.
        
               | dkga wrote:
               | Yes, but are consumers that knowingly bought into the
               | Apple ecosystem harmed?
        
               | JadeNB wrote:
               | > Yes, but are consumers that knowingly bought into the
               | Apple ecosystem harmed?
               | 
               | It seems that this logic would prevent _any_ regulation
               | of what happens on macOS or iOS, since anyone who is
               | using either has knowingly bought into the Apple
               | ecosystem. (And analogously for Windows, since anyone who
               | is using it has knowingly bought into the Microsoft
               | ecosystem.)
        
               | overfeed wrote:
               | Consumers are only _part_ of the competition equation. I
               | bet consumers also _love_ the initial phases of dumping,
               | but regulators have to look beyond short-term consumer
               | preferences.
        
               | ergocoder wrote:
               | Yes. Apple's competitors are suppressed by Apple.
               | Competition would reduce. Thus, consumers would be
               | considered harmed.
        
           | surgical_fire wrote:
           | It doesn't really matter if you are "fine" with their anti-
           | conpetitive behavior. They should comply to regulations
           | properly.
        
             | tedunangst wrote:
             | Why do we have regulations? Who do they benefit?
        
               | simion314 wrote:
               | >Why do we have regulations? Who do they benefit?
               | 
               | Weird you still have no idea why.
               | 
               | So let me tell you, there was a tribe in a village and
               | they had many rules, some young boys hated the rules so
               | they left and made their own village with no rules. One
               | day one of them made a fire and let it unsupervised and
               | many of their shacks burned so the boys decided that
               | there should be one rule about not letting fires
               | unsupervised.... the story continues with similar issues
               | happening and they reluctantly adding one more tule, then
               | one more rule until they get tot he same original rules
               | from the original village.
        
               | BeFlatXIII wrote:
               | That's some nice story, not relevant facts.
        
               | maccard wrote:
               | I like this.
               | 
               | Imagine if people from the old village came to the new
               | village and said that they wanted to set up the rules
               | they had in the old village but they want to live in the
               | new village. Some people are perfectly happy in the new
               | village, but the people who came from the old village say
               | that the rules are unfair.
               | 
               | As someone who actively wants Apple provide a tighter
               | experience, this is how I feel. I have a nice garden that
               | I'm playing in, and others have a sandbox. They like my
               | garden because it's sunny, but they want the rules of
               | their sandbox to apply to my garden. The grown ups let
               | them in, and now there's nowhere to play that doesn't
               | have sand anymore.
        
               | surgical_fire wrote:
               | Think of the poor multi-billion dollar corporation! Have
               | you no heart?
        
             | ecshafer wrote:
             | That is borderline tautological. Apple should comply with
             | the regulations, because they are the regulations. The
             | regulations are there to protect users, a 3rd party
             | application is more likely to harm the user, so less trust
             | is warranted.
        
               | pjmlp wrote:
               | There is no Apple country, at least not yet.
        
               | surgical_fire wrote:
               | > That is borderline tautological. Apple should comply
               | with the regulations, because they are the regulations.
               | 
               | Correct.
               | 
               | > The regulations are there to protect users
               | 
               | Also correct.
               | 
               | > a 3rd party application is more likely to harm the
               | user, so less trust is warranted.
               | 
               | Not sure if I agree or not, but it doesn't matter.
        
           | burnte wrote:
           | You might be ok with it, but the regulators want Apple to
           | treat third parties the same way they treat their own apps,
           | and that's a good thing. Either everyone would generate two
           | prompts, or no one, but excluding yourself is just
           | favoritism.
        
             | LorenPechtel wrote:
             | Yup, it's much, much better for the rules to be exactly the
             | same than any debate about how much difference is
             | permitted. No difference unless you can demonstrate a
             | compelling reason for it.
        
             | briandear wrote:
             | Apple doesn't have a track record of abusing user privacy,
             | unlike the plethora of third party apps that want to
             | aggressively track you and sell that data.
        
           | llm_nerd wrote:
           | The Camera app wouldn't need an ATT confirmation, of course.
           | Apple has some other products which do feature targeted
           | advertisements, including News and even the App Store itself.
           | 
           | Apple created this problem for itself when they decided that
           | they wanted to double dip and become advertisers (while
           | conveniently making advertisement less effective for everyone
           | else). The amount they net from it surely can't be worth the
           | trouble is causes. It's also simply scummy and always puts
           | conflicting interests at play.
           | 
           | Still don't understand the two versus one confirmation thing.
           | I have tracking entirely disabled so apps can't even request
           | it, but it'd be nice to see some workflow of how Apple's
           | tracking works versus everyone else. The complaint almost
           | seems that Apple apps simply do track your details and use
           | them for targeting, without any confirmation (which Apple
           | argues is okay because there is no third party getting the
           | deets), where others have to do the confirmation.
        
           | golli wrote:
           | And if it weren't a dominos app, but an otherwise identical
           | or better third party app? Which through this now has a
           | disadvantage compared to Apples app. Making it worse
           | (regardless of how small or large that downside is) compared
           | to whatever Apple offers, not because of having the worse
           | product in the category, but because Apple also happens to
           | own the otherwise unrelated operating system.
        
             | frumper wrote:
             | Domino's doesn't have to ask twice. They're choosing to.
        
               | joshuaissac wrote:
               | > Domino's doesn't have to ask twice. They're choosing
               | to.
               | 
               | According to the article, the French agency believes they
               | would have to ask twice:
               | 
               | > Third-party publishers "cannot rely on the ATT
               | framework to comply with their legal obligations," so
               | they "must continue to use their own consent collection
               | solution," the French agency said.
        
               | fnordsensei wrote:
               | I always thought it was because where you to deny in the
               | Apple popup, that decision is "final", whereas if they
               | can gauge your mood before that, they can keep pestering
               | you about it in the future.
               | 
               | I've seen confirm (app) -> confirm (Apple), but never
               | deny (app) -> deny (Apple).
        
           | st3fan wrote:
           | I don't think the Camera app asks for permission to use the
           | Camera.
           | 
           | You could argue that choice is questionable because Apple
           | needs to follow its own rules, but also .. it is the Camera
           | app. I think if you don't want the Camera app to use the
           | Camera you probably should not have opened the app at all.
           | 
           | ATT (App Tracking Transparency) is the dialog that says
           | something like "Facebook would like permission to track you
           | across apps and websites owned by other companies. Your data
           | will be used to ... $AppProvidedExcuseHere." with "Allow
           | Tracking" and "Ask App Not To Track" buttons.
           | 
           | ATT is the First consent.
           | 
           | The SECOND consent this case is about is the in-app consent
           | that needs to happen according to French law. I can't give an
           | example of that because I do not live in France but I assume
           | this is probably some horribly designed page inside a French
           | app that asks you to share your data with the ad surveilance
           | industry.
        
             | maccard wrote:
             | > The SECOND consent this case is about is the in-app
             | consent that needs to happen according to French law. I
             | can't give an example of that because I do not live in
             | France but I assume this is probably some horribly designed
             | page inside a French app that asks you to share your data
             | with the ad surveilance industry.
             | 
             | I don't live in france but I'm familiar with the popups.
             | many apps on first install will give you an in-app prompt
             | asking if they can send you push notifications. If you
             | accept, you get the system prompt. if you decline, you
             | don't. I'm not a regulator, but it seems they've misread
             | this one IMO - they only need to provide the conseent at
             | the platform level and can opt out at the platform level if
             | they so wish.
        
           | johnnyanmac wrote:
           | it's not the consumers, it's the competitors. Instead of
           | comparing apples to pizas, compare something like the Notes
           | app compared to a 3rd party notes app. Any web/app dev knows
           | each extra click adds friction and reduces retention, so that
           | extra pop up can be a subtle advantadge to the one who
           | manages the platform.
        
           | aiauthoritydev wrote:
           | The pen pushers in France. As a consumer your choice does not
           | matter much as much as the government servants who have
           | decided that they know what is good for you.
        
       | woah wrote:
       | If the EU isn't fining someone for tracking users too much,
       | they're fining them for not tracking users enough.
        
         | danieldk wrote:
         | That's not what is going on here, right? The complaint is that
         | the consent process is much harder for third-party apps than
         | Apple apps and Apple cannot give itself advantages because
         | Apple is a gatekeeper w.r.t iOS.
         | 
         | A simple yes-no for third-party applications makes it easier
         | for the user to reject tracking _and_ doesn 't make the process
         | more cluttered than for Apple apps.
        
           | pertymcpert wrote:
           | Where did you get that part from?
           | 
           | > Third-party publishers "cannot rely on the ATT framework to
           | comply with their legal obligations," so they "must continue
           | to use their own consent collection solution," the French
           | agency said. "The result is that multiple consent pop-ups are
           | displayed, making the use of third-party applications in the
           | iOS environment excessively complex."
           | 
           | It's not harder at all. France are just mad that their small
           | advertisers have to ask for permission again which is _their_
           | own choice.
        
         | diggan wrote:
         | List of 2560 GDPR enforcements:
         | https://www.enforcementtracker.com/
         | 
         | Granted, not all are fines for tracking users, but all sorts of
         | violations. Reasoning is included in the table.
        
         | izacus wrote:
         | Having US corporations fund our infrastructure, culture and
         | subsidy programs is amazing!
        
       | sylware wrote:
       | Any update on noscript/basic (x)html interop of french
       | administration web sites?
       | 
       | It is good to straighten the other guys, hopefully they do not
       | forget about themselves.
        
       | dmitrygr wrote:
       | "We will not tell you how to fix what we found to be 'wrong',
       | reserve the right to find your fixes 'wrong' again, and will
       | charge you more"
       | 
       | At which point do we admit that this is simply extortion?
        
         | jayd16 wrote:
         | Reminds me of app store submissions.
        
       | 9283409232 wrote:
       | Most of you won't read the past the headline but this isn't
       | accurate
       | 
       | >The agency said there is an "asymmetry" in which user consent
       | for Apple's own data collection is obtained with a single pop-up,
       | but other publishers are "required to obtain double consent from
       | users for tracking on third-party sites and applications." The
       | press release notes that "while advertising tracking only needs
       | to be refused once, the user must always confirm their consent a
       | second time."
       | 
       | They take issue with Apple making it easier for their apps but
       | applying a different standard for third parties. I think this
       | fine is fair.
        
         | bberenberg wrote:
         | Is Apples third party though? I don't know, genuinely asking.
         | 
         | If no, then first party vs third party having different
         | standards of consent seems reasonable?
        
           | 9283409232 wrote:
           | This is referring to Apple's first party apps so no they
           | aren't third party. I can understand why someone would make
           | that argument but the French regulator argument here is that
           | in the spirit of competition, third-parties should have the
           | same barrier to entry as Apple's first party apps and I can
           | see the argument they are making.
        
             | bberenberg wrote:
             | I feel like if the apps have their own tracking then yes
             | one click makes sense. If they include third party then
             | multi consent also makes sense. They're not contradictory
             | points.
        
               | bilbo0s wrote:
               | Yeah.
               | 
               | Not sure how you collect all the necessary consent clicks
               | without at least two clicks if a third party is involved?
               | 
               | Do they get a pass on collecting a consent click for one
               | of the parties?
               | 
               | Or do you only ever need the consent for the third party
               | to track?
               | 
               | My understanding was you needed to get consent for every
               | company in the chain. Is that untrue?
        
       | MR4D wrote:
       | I'm curious how things like this play into Trumps recent
       | reciprocal tariff threats.
        
         | danieldk wrote:
         | Probably it will. Vance even threatened to leave NATO if the EU
         | regulates X. But EU countries are not satellite states of the
         | US. At some point we just have to draw a line in the sand and
         | stand by our own values, even if it comes at an expense. It's
         | not as if tariffs and the retaliatory tariffs it will lead to
         | is good for the US economy either.
         | 
         | It's all just silly.
        
           | kazen44 wrote:
           | a lot of european nations are also discussing on how to
           | create more inhouse and become digitally sovereign from US
           | tech firms. (the dutch government for instance[0])
           | 
           | 5 or even 10 years ago this would have been unthinkable in
           | dutch politics, even if this has been called out a lot as a
           | risk in tech circles.
           | 
           | [0] https://www.dutchitchannel.nl/news/602753/tweede-kamer-
           | neemt...
        
             | tick_tock_tick wrote:
             | Europe has been pushing this politically for over a decade
             | now.... It's just every European initiative to fix it has
             | failed.
        
       | drivebyhooting wrote:
       | Do other apps require double consent or is it actually a dark
       | pattern they've adopted:
       | 
       | * explain and prompt the user for consent
       | 
       | * if they acquiesce pop the real modal
       | 
       | * otherwise bide your time and try again later
       | 
       | The reason for this is because once you receive a rejection in
       | the official modal you are not allowed to ask again.
        
         | gruez wrote:
         | >Do other apps require double consent or is it actually a dark
         | pattern they've adopted:
         | 
         | It's specifically recommended by apple.
         | 
         | https://developer.apple.com/design/human-interface-guideline...
        
           | drivebyhooting wrote:
           | In adtech and social media it is a calculated strategy to
           | maximize user compliance.
        
           | nemothekid wrote:
           | Apple's recommendation (as posted) actually doesn't look like
           | double consent to me - in fact, their recommendation calls
           | out that it should be treated like a consent form (You
           | shouldn't be able to exit the explanation page, only
           | continue).
           | 
           | App Publishers have instead used the explanation page as a
           | "soft" consent form, so they can bug you later without being
           | disabled at the system level.
        
         | TheJoeMan wrote:
         | Or snapchat repeatedly asking for my contacts access knowing
         | it's denied.
        
         | ilnavigante wrote:
         | Speaking of dark patterns: if you try to initialize your Mac
         | without logging in to your iCloud account, the installation
         | process doesn't ask you to encrypt your drive, so everything is
         | in clear by default...
        
       | airstrike wrote:
       | can we start also fining companies for not easily offering "no
       | and never ask again"? the "maybe later" trend needs to die ASAP
        
       | gruez wrote:
       | No good deed goes unpunished. Don't protect users' privacy, and
       | you get flak from regulators for "not doing enough". Protect
       | users' privacy, and you get flak from regulators because it's
       | "too complex and hurts small companies that rely on advertising
       | revenue". You see similar levels of cynicism directed at Google.
       | When firefox banned third party cookies, it was almost
       | universally welcomed, but when Chrome does it the cynics come out
       | and say how it's actually some sort dastardly ploy to cement
       | their position in the ad market because third party adtech firms
       | are disproportionately harmed.
        
         | ipaddr wrote:
         | One benefits directly while the other doesn't. Plus many people
         | complained.
        
           | gruez wrote:
           | >One benefits directly while the other doesn't.
           | 
           | That's the exact of cynicism I'm talking about. It doesn't
           | matter whether banning third party was good for users or not,
           | only whether Google (or Mozilla) stood to benefit. This is
           | absolutely toxic because it means objectively good changes
           | get shouted down.
           | 
           | > Plus many people complained.
           | 
           | For what, Firefox?
        
           | briandear wrote:
           | The advertising industry was who filed the complaint, it
           | wasn't a bunch of normal users. If the ad industry wasn't so
           | shitty, I might give them the benefit of the doubt.
        
         | Nullabillity wrote:
         | The difference is that Firefox didn't do it as an excuse to
         | sneak in a new tracking system instead.
        
           | gruez wrote:
           | You mean this? https://support.mozilla.org/en-US/kb/privacy-
           | preserving-attr...
        
         | dinkblam wrote:
         | > No good deed goes unpunished.
         | 
         | this (and similar fines) isn't about any deed at all. this is
         | about shady EU countries like france and italy feeling free to
         | use american companies like a platinum credit card they can use
         | at will to fix their budget holes.
         | 
         | and why wouldn't they? european voters love nothing more than
         | the idea of rich american companies subsidizing their countries
        
           | ohgr wrote:
           | Indeed. If they really gave a shit they'd be getting Apple to
           | open up their APIs so we can get data out of Reminders and
           | Notes etc without having to resort to necromancy and
           | hacking...
           | 
           | Apple need one of these https://learn.microsoft.com/en-
           | us/openspecs/
        
             | briandear wrote:
             | As an Apple user, I don't want third party apps to be able
             | to have access to that data. Apple has earned my trust, but
             | most third party apps have not.
             | 
             | I buy Apple specifically because I want the level of
             | privacy that their platform provides. If third party devs
             | don't like it, they can ship for Android.
        
             | izacus wrote:
             | They literally did that too via DMA. Why are you
             | bullshitting? :)
        
           | ginko wrote:
           | You seriously underestimate the size of EU countries' budgets
           | if you think $150M would even register.
        
       | thebruce87m wrote:
       | > Benoit Coeure, the head of France's competition authority,
       | "told reporters the regulator had not spelled out how Apple
       | should change its app, but that it was up to the company to make
       | sure it now complied with the ruling,"
       | 
       | Sounds like a good shakedown to me. Wait until they tweak it then
       | fine them again for getting it "wrong". I wonder if they even got
       | the chance to change anything before they were fined the first
       | time. And all because the regulator wants users to be advertised
       | to _more_?
        
         | refulgentis wrote:
         | > "told reporters the regulator had not spelled out how Apple
         | should change its app, but that it was up to the company to
         | make sure it now complied with the ruling,"...shakedown
         | 
         | I wonder if this sheds light: if they said _exactly_ what to
         | do, there 's a strong argument that they went too far when
         | business regulators became UI designers.
         | 
         | > Wait until they tweak it then fine them again for getting it
         | "wrong"
         | 
         | I don't worry too much about it, I used to work at Google,
         | companies and regulatory authorities are in constant contact.
         | Generally, I haven't yet seen a company claim to have addressed
         | a situation then gotten fined again.
         | 
         | > And all because the regulator wants users to be advertised to
         | more?
         | 
         | I can't find that bit in the article and I haven't heard it
         | before: could you share some more?
        
           | thebruce87m wrote:
           | > I can't find that bit in the article and I haven't heard it
           | before: could you share some more?
           | 
           | > The Autorite also found that the rules governing the
           | interaction between the different pop-up windows displayed
           | undermined the neutrality of the framework, causing definite
           | economic harm to application publishers and advertising
           | service providers.
           | 
           | https://www.autoritedelaconcurrence.fr/en/press-
           | release/targ...
           | 
           | "Economic harm to ... advertising service providers" says it
           | implicitly.
        
           | enasterosophes wrote:
           | > I can't find that bit in the article and I haven't heard it
           | before: could you share some more?
           | 
           | The second paragraph has what you want. From the article:
           | 
           | > The App Tracking Transparency (ATT) framework used by Apple
           | on iPhones and iPads since 2021 makes the use of third-party
           | applications too complex and hurts small companies that rely
           | on advertising revenue ... The system harms "smaller
           | publishers in particular since, unlike the main vertically
           | integrated platforms, they depend to a large extent on third-
           | party data collection to finance their business," the agency
           | said.
           | 
           | Is there another way to interpret this than that the agency
           | wants to protect advertizing and data collection practices by
           | small businesses?
        
             | isleyaardvark wrote:
             | "by small businesses", and large businesses, and businesses
             | like ad agencies that specialize in data collection and
             | tracking.
        
         | eptcyka wrote:
         | Funny how this is exactly the process that one has to go
         | through for getting an app through a review for an app store -
         | you're told you've done something wrong, and it is up to you to
         | fix it. The reviewer will never point out the specific issue
         | they have with your submission.
        
       | wonderwonder wrote:
       | Here is a new rule you have to comply with. Oh you over complied
       | and we need some money so you owe us $150 million. No we cant
       | just give you a warning, we need the $ we have to rebuild our
       | military and rely on fining US companies to fund that.
        
       | joshstrange wrote:
       | So much dumb in this article that it's hard to figure out what's
       | actually going on.
       | 
       | I have to assume this this is the same "issue" with all Apple
       | permissions. They can only be requested once by the app and if
       | the user denies it then the user has to dig into Settings to turn
       | it on later. To avoid/work around this a lot of app developers
       | prompt the user before they trigger the OS-level prompt so that
       | if the user says "no thanks" they don't "burn" their one chance
       | to request a permission.
       | 
       | Apple, it seems, doesn't use those "pre-consent" screens so it's
       | only 1 dialog. Also, to my knowledge, Apple doesn't allow it's
       | apps to prompt with the system dialog multiple times either so
       | they are on equal footing it appears.
       | 
       | As always it's important to see who is complaining/behind this:
       | 
       | > The French investigation was triggered by a complaint lodged by
       | advertising industry associations.
       | 
       | Ahh, got it.
       | 
       | The "Autorite de la concurrence" seems to suffer from the same
       | issue almost all government regulators suffer from, they know
       | fuck-all about technology which is perfectly summed up with this:
       | 
       | > Benoit Coeure, the head of France's competition authority,
       | "told reporters the regulator had not spelled out how Apple
       | should change its app, but that it was up to the company to make
       | sure it now complied with the ruling,"
       | 
       | Not only is it a "You need to make _A_ change but we won't tell
       | you what it is"-type thing which is super annoying [0] but "Apple
       | should change its app". If you don't understand the difference
       | between an "App" and an "OS" then you should not be making rules
       | for either.
       | 
       | ATT is a 100% win for consumers and I don't for a second believe
       | the BS around "but what about small businesses!", just look at
       | all the people championing small business, it's _check notes_ ,
       | ahh, yes, Facebook and large ad agencies, bastions of small
       | business /s.
       | 
       | [0] Yes, it's even more annoying when Apple does it to developers
       | and I think we are all feeling a little bit of Schadenfreude over
       | it.
        
       | jonplackett wrote:
       | Can we just frikkin ban tracking completely and just see how that
       | goes?
       | 
       | I do not really care if some businesses can no longer make money
       | in the way they like to. I'm sure they'll figure it out if they
       | have to. Businesses existed for a loooooong time without tracking
       | their customers. I'm sure they can do it again.
        
       | FridgeSeal wrote:
       | Some apps have a "pre permissions" pop up telling users about
       | what permissions they're about to ask for, before then initiating
       | the iOS permissions pop up.
       | 
       | The Apple apps go straight to the permissions pop up.
       | 
       | How is it Apples fault they do this?
        
         | klabb3 wrote:
         | I think with Apple you agreed to let them do human experiments
         | in the EULA when you're unboxing your device. With yet-another-
         | tower-defense games the agreement needs to be done on a per-app
         | or at least per-publisher basis.
         | 
         | The native iOS permission dialog is only a consent about what
         | the app can do locally, and doesn't list the 1034 close
         | partners that they will share your DNA with.
         | 
         | Makes me think.. one potential risk here is that vendors will
         | band together under a common "publisher" where apps can
         | piggyback on consent from previous apps, just like the big guys
         | do but without being part of the same feudal kingdom. Wouldn't
         | surprise me if this already happens.
        
       | the_clarence wrote:
       | This is such a bizarre move from Apple honestly. They're acting
       | like they're letting users make a choice when realistically all
       | users are going to choose not to get tracked. It's like a "do you
       | want to install malware?" button. They just did it for the lulz
       | and to hurt the finances of companies they don't like.
        
         | kjreact wrote:
         | Wow, do you work for these ad-tech companies? You're totally
         | correct that I don't want to be tracked and I'm happy that
         | Apple is trying to protect me from these predatory companies.
         | If "hurt[ing] the finances" of these privacy invasive companies
         | is your definition of "companies they don't like" please sign
         | me up. It's a bizarre thing to say any one actually wants to be
         | tracked.
        
         | briandear wrote:
         | Shouldn't a user be able to choose if they want to be tracked?
         | Of everyone says no, I'm not sure that's a problem -- unless
         | your business model is intrusive tracking.
        
       | lvl155 wrote:
       | At this point, I am convinced EU fines American tech companies
       | for fun.
        
       | MonkeyClub wrote:
       | 150M is ridiculously low for a company with a 3.34T market cap.
       | 
       | It's the equivalent of fining a millionaire 150 EUR, or a regular
       | person fifteen cents.
       | 
       | That's not a fine, it's a show put on for people who can't do
       | division.
        
         | freetime2 wrote:
         | Agree it's a slap on the wrist for Apple. But the punishment
         | fits the "crime" in this case, in my opinion. Enough to pay for
         | the legal costs of enforcement, and get Apple's attention. But
         | nothing terribly punitive, which I don't think is warranted in
         | this case.
         | 
         | I believe Apple's goal with the popups is to protect consumers'
         | privacy from 3rd party apps, which is admirable. But where they
         | went wrong is that they didn't apply the same process to
         | themselves.
        
         | pertymcpert wrote:
         | Do you actually agree with the fine?
         | 
         | Don't give users a choice in tracking: complaints Give users a
         | choice in tracking: now it's too many pop ups
        
         | GuB-42 wrote:
         | It is not the right question. The goal is not to destroy Apple,
         | it is to force them into compliance. In order to force them
         | into compliance, you only need the fine to be higher than what
         | it costs to comply.
         | 
         | And EUR150M is a lot of money, you can have on the order of a
         | thousand people working on the problem for a year to get even.
         | I am sure they can figure out a way.
         | 
         | Same idea with, say, a parking ticket for nonpayment. It may be
         | nothing to a millionaire, but the important part is that in the
         | long run, it is more cost effective to simply pay for parking.
        
       | briandear wrote:
       | Perhaps they should fine the companies that want to do such
       | intrusive tracking? Apple's not sharing data with third parties
       | for their internal stuff, that's a big difference when Dominos
       | wants to share with someone that isn't Dominos.
        
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