[HN Gopher] Europe is scaling back GDPR and relaxing AI laws
       ___________________________________________________________________
        
       Europe is scaling back GDPR and relaxing AI laws
        
       Author : ksec
       Score  : 412 points
       Date   : 2025-11-19 14:41 UTC (8 hours ago)
        
 (HTM) web link (www.theverge.com)
 (TXT) w3m dump (www.theverge.com)
        
       | AndrewKemendo wrote:
       | > The changes, proposed by the European Commission, the bloc's
       | executive branch, changes core elements of the GDPR, making it
       | easier for companies to share anonymized and pseudonymized
       | personal datasets. They would allow AI companies to legally use
       | personal data to train AI models, so long as that training
       | complies with other GDPR requirements.
       | 
       | Put together and those two basically undo the entire concept of
       | privacy as it's trivially easy to target someone from a large
       | enough "anonymous" set (there is no anonymous data, there only
       | exists data that's not labeled with an ID yet)
        
       | josefritzishere wrote:
       | This is criminal.
        
         | ch4s3 wrote:
         | To make the popup requirement for non critical cookies in GDPR
         | less onerous? Or the change in data operation recording
         | requirements that will kick in at a company size of 750
         | employees instead of 250?
         | 
         | I assume you mean the AI related stuff?
        
           | andrewshadura wrote:
           | It was never required to show a pop-up for essential cookies.
        
           | josefritzishere wrote:
           | I work in data privacy and I really hold the GDPR in high
           | esteem. The "Ai stuff" is worrisome. The UK has left the EU
           | and rolled back privacy rights. The EU is experiencing the
           | slow erosion of privacy rights; and the US is a morass of
           | highly variable state-level rights. I had such high hopes
           | when the CCPA passed.
        
         | nonethewiser wrote:
         | How so? Like, figuratively, as-in outrageous?
        
       | schnitzelstoat wrote:
       | > One change that's likely to please almost everyone is a
       | reduction in Europe's ubiquitous cookie banners and pop-ups.
       | Under the new proposal, some "non-risk" cookies won't trigger
       | pop-ups at all, and users would be able to control others from
       | central browser controls that apply to websites broadly.
       | 
       | Finally!
        
         | aurareturn wrote:
         | So they finally admit that it was a mistake.
         | 
         | Even EU government websites had annoying giant cookie banners.
         | 
         | Yet, some how the vast majority of HN comments defend the
         | cookie banners saying if you don't do anything "bad" then you
         | don't need the banners.
        
           | m00dy wrote:
           | worst implementation ever. I bet it is the reason that most
           | people are now taking anti depressants.
        
           | basisword wrote:
           | It worked to highlight the insane amount of tracking every
           | fucking website does. Unfortunately it didn't stop it. A
           | browser setting letting me reject everything by default will
           | be a better implementation. But this implementation only
           | failed because almost every website owner wants to track your
           | every move and share those moves with about 50 different
           | other trackers and doesn't want to be better.
        
             | GardenLetter27 wrote:
             | You can just set your browser not to send whichever cookies
             | you don't want to.
             | 
             | Cookies are a client-side technology.
             | 
             | Why does the government need to be involved?
        
               | webstrand wrote:
               | Not all cookies are bad for the user, for instance the
               | one that keeps you logged in or stores the session id.
               | Those kind were never banned in the first place.
               | 
               | Blocking cookies locally doesn't allow you to easily
               | discriminate between tracking and functional cookies. And
               | even if the browser had a UI for accepting or rejecting
               | each cookie, they're not named such that a normal user
               | could figure out which are important for not breaking the
               | website, and which are just for tracking purposes.
               | 
               | By passing a law that says "website providers must
               | disambiguate" this situation can be improved.
        
               | youngtaff wrote:
               | Cookies that keep you logged in or maintain a session
               | don't need consent
        
               | layer8 wrote:
               | The website wouldn't inform you about which cookies are
               | doing what. You wouldn't have a basis to decide on which
               | cookies you want because they are useful versus which you
               | don't because they track you. You also wouldn't be
               | informed when functional cookies suddenly turn into
               | tracking cookies a week later.
               | 
               | The whole point of the consent popups is to inform the
               | user about what is going on. Without legislation, you
               | wouldn't get that information.
        
               | stavros wrote:
               | Because it's not like the browser has two thousand
               | cookies per website, it only has one and then they share
               | your data with the two thousand partners server-side. The
               | government absolutely needs to be involved.
        
               | immibis wrote:
               | Actually it often is a separate cookie per tracker
               | because that's convenient for the trackers. But the only
               | reason they don't put in the effort to do it the way you
               | said is that browsers don't have the feature to block
               | individual cookies. If they did, they would.
        
               | 1718627440 wrote:
               | Some browsers like Midori do the sensible thing and ask
               | you for every cookie, whether you actually want to have
               | it. Cookie dialogs are then entirely redundant. You can
               | click accept all in the website, and reject all in the
               | browser.
        
               | AnthonyMouse wrote:
               | To begin with that isn't true, because the worst
               | offenders are third party cookies, since they can track
               | the user between websites, but then you can block them
               | independently of the first party cookies.
               | 
               | Then you have the problem that if they _are_ using a
               | single cookie, you now can 't block it because you need
               | it to be set so it stops showing you the damn cookie
               | banner every time, but meanwhile there is no good way for
               | the user or the government to be able to tell what
               | they're doing with the data on the back end anyway. So
               | now you have to let them set the cookie and hope they're
               | not breaking a law where it's hard to detect violations,
               | instead of blocking the cookie on every site where it has
               | no apparent utility to you.
               | 
               | But the real question is, why does this have anything to
               | do with cookies to begin with? If you want to ban data
               | sharing or whatever then who cares whether it involves
               | cookies or not? If they set a cookie and sell your data
               | that's bad but if they're fingerprinting your browser and
               | do it then it's all good?
               | 
               | Sometimes laws are dumb simply because the people
               | drafting them were bad at it.
        
               | stavros wrote:
               | > If you want to ban data sharing or whatever then who
               | cares whether it involves cookies or not?
               | 
               | Nobody. The law bans tracking and data sharing, not
               | cookies specifically. People have just simplified it to
               | "oh, cookies" and ignore that this law bans tracking.
        
               | AnthonyMouse wrote:
               | > The law bans tracking and data sharing, not cookies
               | specifically.
               | 
               | From what I understand it specifically regards storing
               | data on the user's device as something different, and
               | then cookies do that so cookies are different.
        
               | stavros wrote:
               | Not really, it disallows tracking even if you aren't
               | storing anything (eg via fingerprinting):
               | 
               | https://gdpr.eu/cookies/
        
               | AnthonyMouse wrote:
               | That link seems to say the opposite:
               | 
               | > The EPR was supposed to be passed in 2018 at the same
               | time as the GDPR came into force. The EU obviously missed
               | that goal, but there are drafts of the document online,
               | and it is scheduled to be finalized sometime this year
               | even though there is no still date for when it will be
               | implemented. The EPR promises to address browser
               | fingerprinting in ways that are similar to cookies,
               | create more robust protections for metadata, and take
               | into account new methods of communication, like WhatsApp.
               | 
               | If the thing they failed to pass promises to do something
               | additional, doesn't that imply that the thing they did
               | pass doesn't already do it?
               | 
               | And I mean, just look at this:
               | 
               | > Strictly necessary cookies -- These cookies are
               | essential for you to browse the website and use its
               | features, such as accessing secure areas of the site.
               | Cookies that allow web shops to hold your items in your
               | cart while you are shopping online are an example of
               | strictly necessary cookies. These cookies will generally
               | be first-party session cookies. While it is not required
               | to obtain consent for these cookies, what they do and why
               | they are necessary should be explained to the user.
               | 
               | > Preferences cookies -- Also known as "functionality
               | cookies," these cookies allow a website to remember
               | choices you have made in the past, like what language you
               | prefer, what region you would like weather reports for,
               | or what your user name and password are so you can
               | automatically log in.
               | 
               | So you don't need consent for a shopping cart cookie,
               | which is basically a login to a numbered account with no
               | password, but if you want to do an actual "stay logged in
               | with no password" or just not forget the user's preferred
               | language now you supposedly need an annoying cookie
               | banner even if you're not selling the data or otherwise
               | doing anything objectionable with it. It's rubbish.
        
               | rebolek wrote:
               | Of course, let ME decide if I want to keep
               | fdfhfiudva=dsaafndsafndsoai and remove
               | cindijcasndiuv=fwiaqfewjfoi. I know best what those
               | cookies do!
        
               | eitau_1 wrote:
               | If there's no regulation, nothing stops a website from
               | telling hundreds of third-party entities about your
               | visit. No amount of fiddling with browser settings and
               | extensions will prevent a keen website operator from
               | contributing to tracking you (at least on ip/household
               | level) by colluding with data brokers via the back-end.
        
               | troupo wrote:
               | Because it's not about cookies. Ad trackers shouldn't
               | store my precise geolocation for 12 years for example:
               | https://x.com/dmitriid/status/1817122117093056541
        
             | fmbb wrote:
             | 50 is not even close.
             | 
             | Those banners often list up to 3000 "partners".
        
             | graemep wrote:
             | The cookie law made this worse.
             | 
             | I used to use an extension that let me whitelist which
             | sites could set cookies (which was pretty much those I
             | wanted to login to). I had to stop using it because I had
             | to allow the cookie preference cookies on too many sites.
        
               | immibis wrote:
               | There could be an extension to block the banners, too. I
               | think uBO has a feature to block certain CSS classes?
        
               | graemep wrote:
               | The only thing that works well for me is using an
               | extension that automatically gives permissions and
               | another that auto deletes cookies when i close the tab.
               | 
               | The problem with Ublock etc. is that just blocking breaks
               | quite a lot of sites.
        
               | whstl wrote:
               | uBlock blocks most of those for me lately.
        
               | pessimizer wrote:
               | You can fix that. I use an extension called "I don't care
               | about cookies" that clicks "yes" to all cookies on all
               | websites, and I use another extension* that doesn't allow
               | any cookies to be set unless I whitelist the site, and I
               | can do this finely even e.g. to the point where I accept
               | a cookie from one page to get to the next page, then drop
               | it, and drop the entire site from even that whitelist
               | when I leave the page, setting this all with a couple of
               | clicks.
               | 
               | * Sadly the second is unmaintained, and lets localStorage
               | stuff through. There are other extensions that have to be
               | called in (I still need to hide referers and other things
               | anyway.) https://addons.mozilla.org/en-
               | US/firefox/addon/forget_me_not.... I have the
               | simultaneous desire to take the extension over or fork
               | it, and the desire not to get more involved with the
               | sinking ship which is Firefox. Especially with the way
               | they treat extension developers.
               | 
               | https://addons.mozilla.org/en-US/firefox/addon/cookie-
               | autode... does a similar thing.
        
               | graemep wrote:
               | I use the first of those extensions, its the cookie
               | whitelist one that no longer works for me.
        
           | youngtaff wrote:
           | Cookie banners are made obtrusive by the people running CMPs
           | as they want to make it as hard as possible to stop
           | collecting the data
        
             | Mountain_Skies wrote:
             | Funny thing is that I often will go out of my way to find
             | the least permissive settings if the banner is obnoxious or
             | has a dark pattern.
        
           | LogicFailsMe wrote:
           | every accusation is a confession you see...
        
           | legitster wrote:
           | > Yet, some how the vast majority of HN comments defend the
           | cookie banners saying if you don't do anything "bad" then you
           | don't need the banners.
           | 
           | There are a LOT of shades of gray when it comes to website
           | tracking and HN commenters refuse to deal with nuance.
           | 
           | Imagine running a store, and then I ask you how many
           | customers you had yesterday and what they are looking at. "I
           | don't watch the visitors - it's unnecessary and invasive".
           | When in fact, having a general idea what your customers are
           | looking for or doing in your store is pretty essential for
           | running your business.
           | 
           | Obviously, this is different than taking the customer's
           | picture and trading it with the store across the street.
           | 
           | When it comes to websites and cookie use, the GDPR treated
           | both behaviors identically.
        
             | pseudalopex wrote:
             | > Imagine running a store, and then I ask you how many
             | customers you had yesterday and what they are looking at.
             | 
             | Server logs can provide this information.
        
               | legitster wrote:
               | Not for the amount of stuff on the web now that is
               | client-side rendered.
        
               | pseudalopex wrote:
               | Client side rendering means in practice clicking a
               | product retrieves JSON and images instead of HTML and
               | images. This can be logged.
        
               | crazygringo wrote:
               | Only in very simple ways.
               | 
               | Realistically, you want to know things like, how many
               | users who looked at something made a purchase in the next
               | 3 days? Is that going up or down after a recent change we
               | made?
               | 
               | Many necessary business analytics require tracking and
               | aggregating the behavior of individual users. You can't
               | do that with server logs.
        
           | croes wrote:
           | > if you don't do anything "bad" then you don't need the
           | banners.
           | 
           | Because that's how it is. For instance why does a site need
           | to share my data with over 1000 "partners"?
           | 
           | And the EU uses the same tracking and website frameworks as
           | others so they got banners automatically.
           | 
           | It wasn't a mistake but website providers maliciously
           | complied with the banners to shift the blame.
           | 
           | Seems you fell for it.
        
         | jonesjohnson wrote:
         | the issue was never the law.
         | 
         | the issue were the 100s of tracking cookies and that websites
         | would use dark patterns or simply not offer a "no to all"
         | button at all (which is against the law, btw.)
         | 
         | Most websites do. not. need. cookies.
         | 
         | It's all about tracking and surveillance to show you different
         | prices on airbnb and booking.com to maximise their profits.
         | 
         | https://noyb.eu/en/project/cookie-banners (edit: link)
        
           | rpastuszak wrote:
           | I'm not sure why this is being downvoted?
        
             | zdragnar wrote:
             | The premise is that the intent of the law was good, so
             | everyone should naturally change their behavior to obey the
             | spirit of the law.
             | 
             | That isn't how people work. The law was poorly written and
             | even more poorly enforced. Attempts at "compliance" made
             | the web browsing experience worse.
        
               | norman784 wrote:
               | The implementors of the banners did it in the most
               | annoying way, so most users will just accept all instead
               | of rejecting all (because the button to reject all was
               | hidden or not there at all), check steam store for
               | example their banner is non intrusive and you can clearly
               | reject or accept all in one click.
        
               | nemomarx wrote:
               | people intentionally made the banners annoying or tried
               | to make the reject button smaller / more awkward so that
               | they could keep tracking.
               | 
               | Definitely a failure of enforcement, but let's not
               | pretend that was good faith compliance from operators
               | either
        
               | masfuerte wrote:
               | I'd settle for companies obeying the letter of the law.
               | They don't do that either.
        
               | dspillett wrote:
               | _> Attempts at  "compliance" made the web browsing
               | experience worse._
               | 
               | Malicious compliance made the web browsing experience
               | worse. That and deliberately not complying by as much as
               | sites thought they could get away with, which is
               | increasing as it becomes more obvious enforcement just
               | isn't there.
        
               | Qwertious wrote:
               | The law wasn't poorly written, most websites just don't
               | follow the law. Yes, they're doing illegal things, but it
               | turns out enforcement is weak so the lawbreaking is so
               | ubiquitous that people think it's the fault of the law
               | itself.
        
               | JumpCrisscross wrote:
               | > _law wasn 't poorly written, most websites just don't
               | follow the law_
               | 
               | I honestly haven't found the banners on EU websites any
               | less annoying or cumbersome than those on shady
               | operators' sites.
        
               | whstl wrote:
               | Most websites in the EU also aren't following the law.
        
               | filoleg wrote:
               | > [...] most websites just don't follow the law. Yes,
               | they're doing illegal things, but it turns out
               | enforcement is weak so the lawbreaking is so ubiquitous
               | [...]
               | 
               | I just checked the major institutional EU websites listed
               | here[0], and every single one (e.g., [1][2][3]) had a
               | different annoying massive cookie banner. In fact, I was
               | impressed I couldn't find a single EU government website
               | without a massive cookie banner.
               | 
               | I don't know if it is due to the law enforcement being so
               | weak (or if the law itself is at fault or whatever else).
               | But it seems like something is not right (either with
               | your argument or EU), given the EU government itself
               | engages in this "lawbreaking" (as defined by you) on
               | every single one of their own major institutional
               | websites.
               | 
               | The potential reason you brought up of "law enforcement
               | is just weak" just seems like the biggest EU regulatory
               | environment roast possible (which is why I don't believe
               | it to be the real reason), given that not only they fail
               | to enforce it against third parties (which would be at
               | least somewhat understandable), but they cannot even
               | enforce it on any of their own first party websites (aka
               | they don't even try following their own rules
               | themselves).
               | 
               | 0. https://guides.libraries.psu.edu/european-
               | union/official-ser...
               | 
               | 1. https://www.europarl.europa.eu/portal/en
               | 
               | 2. https://www.consilium.europa.eu/en/
               | 
               | 3. https://european-union.europa.eu/index_en
        
             | weberer wrote:
             | Because the issue is due to a failure in the law. The
             | failure of not enforcing the "do not track" setting from
             | browsers that would avoid the need for these annoying pop-
             | ups in the first place.
        
             | whstl wrote:
             | A lot of people at HN work in industries that track, or are
             | the ones choosing to use the banners in the first place.
        
           | layer8 wrote:
           | The issue is the lack of enforcement of the law. And instead
           | of strengthening the enforcement, they are diluting the law
           | now.
        
           | rebolek wrote:
           | I think that most websites need cookies. I have a website
           | with short stories. It lets you set font size and dark/bright
           | theme, nothing special. Do I want to store your settings on
           | server? No, why should I waste my resources? Just store it in
           | your browser! Cookies are perfect for that. Do I know your
           | settings? No, I don't, I don't care. I set a cookie, JS reads
           | it and changes something on client. No tracking at all.
           | Cookies are perfect for that. People just abuse them like
           | everything else, that's the problem, not cookies.
           | 
           | And BTW because I don't care about your cookies, I don't need
           | to bother you with cookie banner. It's that easy.
           | 
           | Also, if I would implement user management for whatever
           | reason, I would NOT NEED to show the banner also. ONLY if I
           | shared the info with third side. The rules are simple yet the
           | ways people bend them are very creative.
        
             | nightpool wrote:
             | Unfortunately, because these types of preferences (font
             | size, dark/light mode theme) are "non-essential", you _are_
             | required to inform users about them using a cookie banner,
             | per EU ePrivacy directive (the one that predates the GDPR).
             | So if you don 't use a cookie banner in this case, you are
             | not in compliance.
        
             | graemep wrote:
             | > lets you set font size and dark/bright theme,
             | 
             | You do not need cookies for either of these. CSS can follow
             | browser preferences, and browsers can change font sizes
             | with zoom.
             | 
             | I am not sure these cookies are covered by the regulations.
             | No personal so not covered by GDPR. They might be covered
             | by the ePrivacy directive (the "cookie law").
        
           | zrn900 wrote:
           | > Most websites do. not. need. cookies.
           | 
           | All websites need cookies, at least for functionality and for
           | analytics. We aren't living in the mid-1990s when websites
           | were being operated for free by university departments or
           | major megacorps in a closed system. The cookie law screwed
           | all the small businesses and individuals who needed to be
           | able to earn money to run their websites. It crippled
           | everyone but big megacorps, who just pay the fines and go
           | ahead with violating everyone's privacy.
        
         | amelius wrote:
         | Can we get the do-not-track header instead?
         | 
         | https://en.wikipedia.org/wiki/Do_Not_Track
         | 
         | Because that made more sense than the cookie banner ever did.
         | 
         | Edit: it looks like there is a legal alternative now: Global
         | Privacy Control.
        
           | stavros wrote:
           | Instead of what? Instead of the central browser controls?
        
             | weberer wrote:
             | >Instead of what?
             | 
             | Instead of a different cookie pop-up on every single site
             | you visit
             | 
             | >Instead of the central browser controls?
             | 
             | This is the central browser control. The header is how the
             | browser communicates it to the websites.
        
               | stavros wrote:
               | This very article is about how we're getting a central
               | browser control, and your comment was "can we finally get
               | a central browser control instead?".
        
               | phendrenad2 wrote:
               | Well, it's a minor details hidden in the middle of the
               | article, I also missed it.
        
               | stavros wrote:
               | But the person weberer replied to was quoting the exact
               | place.
        
           | arielcostas wrote:
           | Or a new, opt-in "Do-Track" that means consent to tracking,
           | and anything else means tracking is not allowed. Why should
           | it opt-out?
        
             | whstl wrote:
             | As long as there is Do-Not-Track as well, and companies
             | must follow BOTH, this would be ok by me.
             | 
             | But this one alone opens the door to behavior similar to
             | tracking cookies, where accepting all was easy and not
             | accepting was hard af.
        
         | dang wrote:
         | Related ongoing thread:
         | 
         |  _Europe 's cookie nightmare is crumbling. EC wants preference
         | at browser level_ -
         | https://news.ycombinator.com/item?id=45979527 - Nov 2025 (80
         | comments)
        
           | wkat4242 wrote:
           | The cookie thing sounds good at first but then it shows that
           | they rant to reduce cookiewalls by making more things ok
           | without asking :(
        
             | nightpool wrote:
             | Yes. I don't think you should have to show a popup to track
             | the user's language preferences, whether they want a header
             | toggled on or off, or other such harmless preferences. Yet,
             | the EU ePrivacy directive (separately from the GDPR) really
             | does require popups to inform users of these "cookies".
        
         | shaky-carrousel wrote:
         | That's the real news. There's no U turn, no weakening of GDPR.
         | This article is propaganda.
        
         | hdgvhicv wrote:
         | Those "cookie banners" are nonsense aimed at getting this
         | outcome.
         | 
         | This is a loss for European citizens and small businesses and a
         | win for the trillion dollar ecosystem of data abuse.
        
           | immibis wrote:
           | There's the confusion about whether ePD (which is all cookies
           | even functional ones) was superseded by GDPR or whether it
           | wasn't and both rules apply. Personally I think common sense
           | is that GDPR replaced ePD or at least its cookie banner rule,
           | but I'm also not a company with billions of euros to sue.
        
           | nonethewiser wrote:
           | How can you comply with the current requirements without
           | cookie banners? Why would EU governments use cookie banners
           | if they are just nonsense meant to degrade approval of GDPR?
        
             | BadBadJellyBean wrote:
             | By not putting a billion trackers on your site and also by
             | not using dark patterns. The idea was a simple yes or no.
             | It became: "yes or click through these 1000 trackers" or
             | "yes or pay". The problem is that it became normal to just
             | collect and hoard data about everyone.
        
               | tantalor wrote:
               | > billion trackers ... dark patterns
               | 
               | Straw man argument.
               | 
               | The rule equally applies to sites with just one tracker
               | and no dark patterns.
        
               | nonethewiser wrote:
               | Again, then why does the EU do this? Clearly its not
               | simply about erroding confidence in GDPR if the EU is
               | literally doing it themselves.
               | 
               | Besides, you seem to be confusing something.
               | 
               | GDPR requires explicit explanation of each cookie,
               | including these 1000s of trackers. It in no way bans
               | these. This is just GDPR working as intended - some
               | people want to have 1000s of trackers and GDPR makes them
               | explain each one with a permission.
               | 
               | Maybe it would be nice to not have so many trackers.
               | Maybe the EU should ban trackers. Maybe consumers should
               | care about granular cookie permissions and stop using
               | websites that have 1000s of them because its annoying as
               | fuck. But some companies do prefer to have these trackers
               | and it is required by GDPR to confront the user with the
               | details and a control.
        
               | pseudalopex wrote:
               | > Besides, you seem to be confusing something.
               | 
               | No. You asked How can you comply with the current
               | requirements without cookie banners? Not How can you have
               | trackers and comply with the current requirements without
               | cookie banners? And don't use dark patterns would have
               | answered this question as well.
        
               | nonethewiser wrote:
               | >No. You asked How can you comply with the current
               | requirements without cookie banners?
               | 
               | Within the context of the discussion of if its malicious
               | compliance or a natural consequence of the law. Obviously
               | you could have a website with 0 cookies but thats not the
               | world we live in. Maybe you were hoping GDPR would have
               | the side effect of people using less cookies? It in no
               | way requires that though.
               | 
               | I mean just think of it this way. Company A uses Scary
               | Dark Pattern. EU makes regulation requiring information
               | and consent from user for companies that use Scary Dark
               | Pattern. Company A adds information and consent about
               | Scary Dark Pattern.
               | 
               | Where is the malicious compliance? The EU never made
               | tracker cookies or cookies over some amount illegal.
        
               | pseudalopex wrote:
               | > Within the context of the discussion of if its
               | malicious compliance or a natural consequence of the law.
               | 
               | You ignored I said don't use dark patterns answered the
               | question you meant to ask.
               | 
               | > Obviously you could have a website with 0 cookies but
               | thats not the world we live in. Maybe you were hoping
               | GDPR would have the side effect of people using less
               | cookies?
               | 
               | We were discussing trackers. Not cookies.
               | 
               | > I mean just think of it this way. Company A uses Scary
               | Dark Pattern. EU makes regulation requiring information
               | and consent from user for companies that use Scary Dark
               | Pattern. Company A adds information and consent about
               | Scary Dark Pattern.
               | 
               | I will not think of it using an unnecessary and incorrect
               | analogy. And writing things like Scary Dark Pattern is
               | childish and shows bad faith.
               | 
               | > Where is the malicious compliance? The EU never made
               | tracker cookies or cookies over some amount illegal.
               | 
               | The malicious compliance is the dark patterns you
               | ignored. Rejecting cookies was much more complicated than
               | accepting them. Users were pressured to consent by
               | constantly repeating banners. The "optimal user
               | experience" and "accept and close" labels were
               | misleading. These were ruled not compliance in fact.[1]
               | But the companies knew it was malicious and thought it
               | was compliance.
               | 
               | Ignoring Do Not Track or Global Privacy Control and
               | presenting a cookie banner is a dark pattern as well.
               | 
               | [1] https://techgdpr.com/blog/data-protection-
               | digest-3062025-the...
        
             | croes wrote:
             | Don't track your site visitors.
             | 
             | No tracking, no banner.
             | 
             | Or respect the now deprecated DNT flag, no banner
             | necessary.
             | 
             | Now we get DNT 2.0 and the website owner will once again
             | maliciously comply.
        
               | nonethewiser wrote:
               | OK sounds great.
               | 
               | But some companies prefer to have trackers. They are
               | required by GDPR to explain each cookie and offer a
               | control for permissions. They probably had trackers
               | before GDPR too. So how is that malicious compliance?
               | They are just operating how they did before except now
               | they are observing GDPR.
               | 
               | It sounds like maybe you just want them to ban trackers.
               | Or for people to care more about trackers and stop using
               | websites with trackers (thereby driving down trackers)
               | Great. Those are all great. But none of them happened and
               | none of that is dictated by GDPR.
        
               | Neikius wrote:
               | You can have first party trackers. That is not so hard.
               | Every site onto itself is a first party tracker, but if
               | your developers can't do it there are opensource
               | solutions available to host.
        
               | nonethewiser wrote:
               | Again, great. Didn't happen and isn't required by GDPR
               | though.
        
               | croes wrote:
               | Malicious compliance are those dark patterns where it
               | takes on click to accept all but multiple clicks to
               | reject all.
               | 
               | I remember the early day cookie banners of Tumbler accept
               | all or deselect 200 tracking cookies by clicking each
               | checkbox.
        
             | hdgvhicv wrote:
             | By not setting a cookie until the user does something
             | active when I then tell them (say on "log in" or "add to
             | basket".
        
               | nonethewiser wrote:
               | I dont think you actually need a cookie for that,
               | technically. But I take your point.
               | 
               | What about trackers which they want to set immediately on
               | page load? Just separate prompts for each seems worse
               | than 1 condensed view. You might say "but trackers suck -
               | I don't care about supporting a good UX for them" and it
               | would be hard to disagree. But I'm making the point that
               | its not malicious compliance. It would be great if people
               | didn't use trackers but that is the status quo and GDPR
               | didn't make theme illegal. Simply operating as normal
               | plus new GDPR compliance clearly isnt malicious. The
               | reality is cookie banners everywhere was an inevitable
               | consequence of GDPR.
        
               | watermelon0 wrote:
               | You don't need a cookie banner for
               | authentication/shopping basket cookies, since these are
               | essential.
               | 
               | However, you are still required to provide a list of
               | essential cookies and their usage somewhere on the
               | website.
        
               | phendrenad2 wrote:
               | This. I don't know why there's a heavy overlap between
               | the "GDPR didn't go far enough" people and not actually
               | reading the GRPR. I'd think they would overlap a lot with
               | people who actually read it.
        
             | vouwfietsman wrote:
             | > Why would EU governments use cookie banners
             | 
             | They generally don't, because you don't need banners to
             | store cookies that _you need to store to have a working
             | site_.
             | 
             | In other words, if you see cookie banner, somebody is
             | _asking to store /track stuff about you that's not really
             | needed_.
             | 
             | Cookie banners were invented by the market as a loophole to
             | continue dark patterns and bad practices. EU is catching
             | flak because its extremely hard to legislate against
             | explicit bad actors abusing loopholes in new technology.
             | 
             | But yeah, blame EU.
             | 
             | And before you go all "but my analytics is needed to get 1%
             | more conversion on my webshop": if you have to convince me
             | to buy your product by making the BUY button 10% larger and
             | pulsate rainbow colors because your A/B test told you so, I
             | will happily include that in the category "dark patterns".
        
               | nonethewiser wrote:
               | In terms of whether or not the ubiquity of cookie banners
               | is malicious compliance or if it was an inevitable
               | consequence of GDPR, it doesnt matter if trackers are
               | good or necessary. GDPR doesn't ban them. So having them
               | and getting consent is just a normal consequence.
               | 
               | We can say, "Wouldn't it have been nice if the bad UX of
               | all these cookies organically led to the death of
               | trackers," but it didn't. And now proponents of GDPR are
               | blaming companies for following GDPR. This comes from
               | confusing the actual law with a desired side effect that
               | didn't materialize.
        
               | troupo wrote:
               | No, those companies do not follow GDPR. They are testing
               | how far they can go without triggering mass complaints
               | etc.
               | 
               | See https://noyb.eu/en/where-did-all-reject-buttons-come
        
               | Neikius wrote:
               | you CAN use analytics! Just need to use first party
               | analytics... it is not so hard to set up, there are many
               | opensource self-hosted options.
               | 
               | I hate how everyone and their mother ships all my data to
               | google and others just because they can.
        
               | crazygringo wrote:
               | Let's not deceive ourselves -- first-party analytics are
               | much, much harder to set up, and a lot less people are
               | trained on other analytics platforms.
               | 
               | They're also inherently less trustworthy when it comes to
               | valuations and due diligence, since you could falsify
               | historical data yourself, which you can't do with Google.
        
               | inkysigma wrote:
               | Can you actually do meaningful analytics without the
               | banner at all? You need to identify the endpoint to
               | deduplicate web page interactions and this isn't covered
               | under essential use afaik. I think this means you need
               | consent though I don't know if this covered under GDPR or
               | ePrivacy or one of the other myriad of regulations on
               | this.
        
             | Neikius wrote:
             | By not tracking and setting any third party cookies. Just
             | using strictly functional cookies is fine, just put a
             | disclaimer somewhere in the footer and explain as those are
             | already allowed and cannot be disabled anyway.
        
         | croes wrote:
         | Non-risk cookies never required a banner.
        
         | port11 wrote:
         | Truly non-risk cookies were already exempt from the cookie
         | banner. In fact, the obnoxious consent-forcing cookie banners
         | are themselves in violation of the law. It's ironic that
         | instead of enforcement we dumb it all down for the data
         | grabbers. And most of them non-European to boot, so clearly
         | this is amazing for the EU tech ecosystem.
        
         | theoldgreybeard wrote:
         | jokes on them i never followed the law anyway
        
         | goobatrooba wrote:
         | The funny part is that many banners are already now not
         | required. But there has been much propaganda by adtech around
         | it, to rule people up against tracking protections and promote
         | their own "solutions". That's the reason you see the same 3-5
         | cookie banners all around the web. Already today websites that
         | use purely technical cookies would not actually not need any
         | banners at all.
        
       | bpodgursky wrote:
       | > The EU folds under Big Tech's pressure.
       | 
       | This is a very odd framing, because the actual reason from quotes
       | in the article is that the EU is acutely feeling the pain of
       | _having no big tech companies_ , due in part to burdensome
       | privacy regulations.
       | 
       | The pressure isn't really from big tech, it's from feeling poor
       | and setting themselves up as irrelevant consumers of an economy
       | permeated by AI.
        
         | m00dy wrote:
         | europe got stuck in the old world, they will never have tech
         | companies.
        
         | yardie wrote:
         | > due in part to burdensome privacy regulations.
         | 
         | A large part is due to their approach to startup investing and
         | chronic undercapitalization. GDPR is coming up 10 years now and
         | the worries about it were overblown. What hasn't budged is
         | Europe is very fiscally conservative on technology. Unless it's
         | coming from their big corporations it's very hard to get
         | funding. Everyone wants the same thing, a sure bet.
        
           | bpodgursky wrote:
           | I think this is a very rosy framing.
           | 
           | GDPR showed that once you are a ten-billion dollar company,
           | your compliance team can manage GDPR enough to enter the
           | market. For a _startup_ , starting in the EU or entering the
           | EU early is still extremely difficult because the burdens do
           | not scale linearly with size.
           | 
           | This means that yes, US tech giants can sell into the EU, but
           | the EU will never get their own domestic tech giants because
           | they simply cannot get off the ground there.
        
             | yardie wrote:
             | My company did not retain customer data or retained very
             | little. So compliance for us was very simple. If your
             | business venture relies on that PII data you're going to
             | have a hard time. And I'm not exactly sympathetic since I'm
             | regularly getting notified from HaveIbeenPwned about
             | another PII leak.
        
               | bpodgursky wrote:
               | I'm not sure what you're looking for here. If your
               | position is "it should be difficult to make a company
               | that has PII" you won't get any significant AI or
               | consumer tech companies in your jurisdiction. That's just
               | reality, they use PII, they personalize on PII, they
               | receive PII, that's how they work.
               | 
               | If that is your goal, OK, that's a choice, but then you
               | can't say "oh GDPR fears were overblown". They caused
               | exactly the problems people were predicting, and that's
               | what EU leadership is now trying to change.
        
               | hdgvhicv wrote:
               | If I sign up your company I can opt into that
               | personalisation at signup time.
               | 
               | You have no business stealing my personal data until we
               | enter an equal agreement.
        
         | shaky-carrousel wrote:
         | The EU is not folding. The article is two facts surrounded by a
         | huge ball of propaganda.
        
       | m00dy wrote:
       | I used to live and work in EU, get out of EU before it is too
       | late.
        
         | jonesjohnson wrote:
         | like UK, you mean? boy that did really work out well for them!
        
           | m00dy wrote:
           | Watch out for French government bonds (10yr), France will be
           | the next before 2030.
        
           | ljosifov wrote:
           | So far so good - and I say this as one voting remain. The
           | only gripe I have is that our domestic doomers were even more
           | stupid than the EU ones. Ours were the progenitors of many of
           | EU dumb ideas. So even outside EU, we in the UK not only did
           | not repeal the utterly imbecilic laws we inherited. No - we
           | added even more stupid laws. Consequence being people are put
           | in jail for writing stuff on the Internet. I hope someone
           | puts in jail the lawmakers that voted for these laws. To the
           | cheering of and with public support, it must be said. It was
           | not without consent, it was not only bi-party, but omni-party
           | consent.
        
             | kmeisthax wrote:
             | I think a lot of Brexiteers don't entirely understand _why_
             | the EU was a problem.
             | 
             | The only thing they saw was the EU migrant crisis and the
             | UK not having total control over its own borders. Things I
             | don't care about[0]. The actual problem with the EU is only
             | tangentially related to that concern, and it's the fact
             | that the EU is a democratically unresponsive accountability
             | sink. When a politician wants to do something unpopular,
             | they get the EU to do it, so they can pretend like they're
             | powerless against it. See also: the 10,000 attempts to
             | reintroduce Chat Control.
             | 
             | The easiest way to fix this would be a new EU treaty that
             | makes the EU directly elected. But that would also mean
             | federalizing the EU, because all the features that make the
             | EU undemocratic are the same features that protect the EU
             | from doing an end run around member states. The alternative
             | would be for EU member states' voters to deliberately
             | sacrifice their local votes in order to vote in people who
             | promise to appoint specific people at the EU level. That's
             | what happened in America with its Senate, and why it moved
             | to direct election of Senators, because people were being
             | voted in as Governor just to get Senators elected.
             | 
             | A lot of times we talk about political issues on a
             | partisanship spectrum - i.e. "partisan" vs "bi-partisan" or
             | "non-partisan" issues. The reality is that, in WEIRD[1]
             | countries, most parties have a common goal of "keep the
             | state thriving". The primary disagreement between them is
             | how to go about doing such a thing and what moral lines[2]
             | shall be crossed to do so. That's where you get shit like
             | America's culture war. The people who live in the country
             | and are subject to its laws are far less hospitable to the
             | kinds of horrifying decisions politicians make on a daily
             | basis, mainly because they'll be at the business end of
             | them. This creates a dynamic of "anti-partisanship" where
             | the people broadly support things that the political class
             | broadly opposes.
             | 
             | For example, DMCA 1201. The people did not want this, the
             | EFF successfully fought a prior version of it off in
             | Congress, then Congress went to the WTO and begged them to
             | handcuff America to it anyway. The people would like to see
             | it reformed or repealed; that's where you get the "right-
             | to-repair" movement. But the political class _needs DMCA
             | 1201 to be there_. They need a thriving cultural industry
             | to engage in cultural hegemony, and a technology sector
             | that can be made to shut off the enemy 's tanks. The kinds
             | of artistic and technological megaprojects the state
             | demands require a brutal and extractive intellectual
             | property[3] regime in order to be economically sustainable.
             | So IP is a bi-partisan concern, while Right-to-Repair is an
             | anti-partisan concern.
             | 
             | In terms of WEIRD countries, the UK is probably one of the
             | WEIRDest, and thus a progenitor of a _lot_ of stupid
             | bullshit legislation. If they had not left the EU, the
             | Online Safety Act would have been the EU Online Safety
             | Directive.
             | 
             | [0] To be clear, my opinion regarding migration is that the
             | only valid reason to refuse entry to a country is for a
             | specific security reason. Otherwise, we should hand out
             | visas like candy, for the sake of freedom. Immigration
             | restrictions are really just _emigration_ restrictions with
             | extra steps.
             | 
             | [1] Western, Educated, Industrialized, Rich, Democratic
             | 
             | [2] All states are fundamentally "criminals with crowns".
             | Their economies are rapine. When they run out of shit to
             | steal all the gangsters turn on each other and you get a
             | failed state.
             | 
             | [3] In the Doctorowian sense: "any law that grants the
             | ability to dictate the conduct of your competitors". This
             | actually extends back far further than copyright, patent,
             | or trademark law does. Those are the modern capitalist
             | versions of a far older feudalist practice of the state
             | handing out monopolies to favored lords.
        
             | nitwit005 wrote:
             | The UK was known for bureaucracy even before they joined
             | the EU. The idea that the red tape would vanish was always
             | silly.
        
         | saubeidl wrote:
         | I did the opposite, I moved to the EU before it is too late.
         | 
         | It's the only power left that stands for rule of law.
        
           | drstewart wrote:
           | Wow. Powerful statement. I suppose other places are probably
           | scaling back GDPR and relaxing AI laws, unlike the glorious
           | EU?
        
             | saubeidl wrote:
             | I disagree with this move. However, I disagree with moves
             | made in other places even more. Especially the US has been
             | moving away from rule of law at a rapid pace.
        
       | m3kw9 wrote:
       | the consequences of their laws is pushing their hands
        
       | bitpush wrote:
       | Incredible to see the 180 both from EU and also from the HN
       | sentiment. HN was cheering on as EU went after Big Tech
       | companies, especially Meta. Meta is no perfect company, but the
       | amount of 'please stick it to them' was strong (I reckon that is
       | still a bridge too far for a lot of folks here).
       | 
       | Even extreme proponents of big tech villanery in the US (Lina
       | Khan's FTC) is also facing losses (They just lost their
       | monumental case against Meta yesterday).
       | 
       | What I really want to see is Meta getting irrelevant ON MERIT.
       | People stop using Meta products, and then I want to see it die.
       | But not by forcing the hand - that's bad for everyone, especially
       | the enterpreuer / hacker types on this site
        
         | surgical_fire wrote:
         | I live in EU. I am totally in support to force Meta down
         | through government's big stick.
         | 
         | While they are at it, I hope they do it to the other big techs
         | too.
         | 
         | Being a "hacker type" (whatever that means) does not equate to
         | being complacent to these companies abusing their economic
         | power.
        
           | stavros wrote:
           | Yeah, seconded, and I also live in the EU.
        
           | jonesjohnson wrote:
           | Then I propose you should support https://noyb.eu/
           | 
           | Their track record is pretty good.
        
             | stavros wrote:
             | If you support them (I do, they do great work), please set
             | up a yearly subscription. Predictable revenue is very
             | valuable for organizations.
        
             | trinsic2 wrote:
             | Do we have anything like this in the U.S.?
        
           | rebolek wrote:
           | I wonder what kind of people downvote you. They must have
           | interesting priorities.
        
         | __loam wrote:
         | It's pretty telling that people here think enforcement of anti-
         | trust laws that are already on the books is "extreme". The
         | implicit goal of half of tech startups is basically becoming
         | the platform for whatever and getting a soft monopoly, so I
         | guess it's not surprising that that people who are temporarily
         | embarrassed monopolists have these views.
        
           | GardenLetter27 wrote:
           | Look at what happened to iRobot vs. Roborock though.
        
         | radicalbyte wrote:
         | There has been a change in the community here over the last
         | decade, we've lost a lot of the hacker spirit and have a larger
         | proportion of "chancers", people who are only in tech to "get
         | rich quick". The legacy of ZIRP combined with The Social
         | Network marketing.
        
           | sandworm101 wrote:
           | The hackers are still here, lurking in the shadows. Bananas.
           | They are just tired of being berated by fanboys anytime they
           | criticize the will of the tech bros. There is no fun in
           | typing out a well-researched answer only to face a torrent of
           | one-second "nah, you are wrong" replies mixed in with AI
           | slop. Bananas.
        
             | danem wrote:
             | Am I the victim of the algorithm? Because all I see on HN
             | these days is people pessimistic about tech and society.
             | The tenor here is overwhelmingly negative.
             | 
             | Where are you seeing anyone defend big tech, tech bros, or
             | any tech in general?
        
             | filoleg wrote:
             | > _There is no fun in typing out a well-researched answer
             | only to face a torrent of one-second "nah, you are wrong"
             | replies mixed in with AI slop. Bananas._
             | 
             | That "AI slop replies" excuse you mentioned would only
             | apply to the past 3 years at most (aka ChatGPT 3.5 release
             | on Nov 30th 2022). While the grandparent comment's take
             | felt true to my perception for at least the past 10-15
             | years, way before "AI slop replies" were even a remote
             | concern.
        
           | GardenLetter27 wrote:
           | Hackers should know the government is never on your side.
        
             | layer8 wrote:
             | Growth hackers aim for regulatory capture.
        
             | JumpCrisscross wrote:
             | > _Hackers should know the government is never on your
             | side_
             | 
             | Never is naive. Hackers should understand governments are
             | complex, dynamic and occasionally chaotic systems. Those
             | systems can be influenced and sometimes controlled by
             | various means. And those levers are generally available to
             | anyone with a modicum of intelligence and motivation.
        
               | argomo wrote:
               | In addition, hackers should know government is
               | inevitable. Even in anarchy, governments spontaneously
               | begin to form.
        
               | buildbot wrote:
               | If I am not mistaken, the anarchist school of thought is
               | okay with governance and even governments, but not with
               | the concept of the state - an entity that exists to
               | enforce governance with violence. For example,
               | https://en.wikipedia.org/wiki/Anarchy,_State,_and_Utopia
               | 
               | I'm not 100% sure though.
               | 
               | edit - a (vs. the) school of thought is more accurate.
        
               | xboxnolifes wrote:
               | That may be one of them, but there isn't a singular
               | anarchist school of thought.
        
               | JumpCrisscross wrote:
               | > _there isn 't a singular anarchist school of thought_
               | 
               | Would be oxymoronic if there were one.
        
               | mc32 wrote:
               | Isn't that like saying there must be as many universes as
               | theoretical physicists can think up? Slight maybe but it
               | could also just be one.
        
               | JumpCrisscross wrote:
               | > _Isn't that like saying there must be as many universes
               | as theoretical physicists can think up?_
               | 
               | Schools of thought are theories. It's saying there can be
               | as many theoretical universes as theoretical physicists
               | can think up.
               | 
               | This is true for any social construct, of course. But
               | anarchy's nature means you get less alignment.
        
               | cess11 wrote:
               | The ideal of self-governance as opposed to alienated
               | state or institutional governance is quite common in
               | anarchist thought. Some would probably consider it
               | foundational for the tendency.
        
               | cholantesh wrote:
               | Nozick's libertarianism is not really an anarchist school
               | of thought.
        
               | gary_0 wrote:
               | I think of anarchy as a theoretical end state, where
               | power is perfectly distributed among each individual, but
               | that this is less of an actually achievable condition and
               | more of a direction to head in (and away from monarchy,
               | where power is completely centralized).
        
               | 1970-01-01 wrote:
               | Yep. The FBI swings from lawful good to lawful evil on a
               | case by case basis. Trusting them is dangerous, but a
               | world where they can be ignored is more dangerous.
        
               | cess11 wrote:
               | No, the naive position is to assume that the state is on
               | your side because you occasionally gain something from
               | it.
        
               | HardCodedBias wrote:
               | "Hackers should understand governments are complex,
               | dynamic and occasionally chaotic systems"
               | 
               | No. Hackers should understand that government is _force_.
               | This is the definition of government.
               | 
               | And force is the antithesis of the hacker ethos.
        
             | vkou wrote:
             | Neither are the billionaires and their deputies who both
             | own and run all the megacorps.
             | 
             | 99% of the current AI push is _entirely anti-hacker ethos_.
             | It is a race to consolidate control of the world 's
             | computing and its economic surplus to ~5 organizations.
             | 
             | A few people do interesting stuff on the edges of this, but
             | the rest of the work in it is anathema to hacker values.
        
               | arbol wrote:
               | The client ai push has also enabled people to run local
               | llama models and build products without those companies.
               | Presumably there'll be more of this to come
        
               | vkou wrote:
               | That's the 1%. It's the hair on the back of the elephant.
               | 
               | Their capabilities will fall further and further behind
               | models that need a billion dollars to train, and a
               | supercomputer to run. You're making a faustian bargain.
        
             | NalNezumi wrote:
             | A hacker should probably know that it's usually trade offs
             | and blanket statements are very useless. Certain tools are
             | good for certain tasks and situations, but bad for others.
             | No free lunch and all that.
             | 
             | If you make that blanket statement, you're definitely not a
             | hacker (or just a novice). But you'd make a heck of a
             | politician or tech bro salesman
        
             | purple_turtle wrote:
             | That is an absolute nonsense.
             | 
             | At minimum, government will be useful as defence against
             | worse government.
             | 
             | I know that some anarchist had dream of a stateless world,
             | but it is not viable.
             | 
             | And while I am not going to say that any government is
             | ideal, many are better than USSR, Third Reich or Cambodia
             | under Pol Pot.
        
             | palata wrote:
             | In a democracy, the government is its citizen. It sucks
             | when you disagree with the majority of the voters, of
             | course. But it's wrong to say that the government is
             | against the majority of the voters: it was elected by them.
        
               | nrhrjrjrjtntbt wrote:
               | A government or president can definitely be against its
               | voters interests.
        
           | poszlem wrote:
           | The truly "eternal" September.
           | 
           | https://en.wikipedia.org/wiki/Eternal_September
        
           | bsimpson wrote:
           | I don't know if it's a changing of the audience or a change
           | in how people behave generally, but this place has been
           | insufferable lately whenever anything remotely related to
           | Donald Trump's administration comes up.
           | 
           | One of the things that made this place special relative to
           | other online communities is the ethos to interrogate through
           | a lens of curiosity. Now, there's a lot of vitriol that's
           | indistinguishable from any other comment section.
        
             | taurath wrote:
             | It's a difference in values. To some, the ends justify the
             | means and human life has no inherent value and the world is
             | zero sum, and to some, a lying malignant narcissist
             | deciding who lives and who dies is a personification of
             | evil.
             | 
             | To some people, it's literally a choice between that "lens
             | of curiosity" and their families lives. But people for whom
             | politics has never directly impacted them past a few % up
             | or down in their paychecks can't understand that, or feel
             | safe in the idea that "they won't come for me".
        
             | rootusrootus wrote:
             | Yeah I still remember my first interaction with a supporter
             | back in 2016. It was startling, and the first hint I had
             | that politics was about to shift abruptly.
        
           | pipes wrote:
           | In the last few years I think sentiment on hacker news has
           | shifted from libertarian leaning to much mored left leaning.
           | The same happened on Reddit a few years before. Anyway, just
           | my gut feeling, nothing scientific.
        
             | bitpush wrote:
             | Keen observation both you and OP. We've gone from a sense
             | of techno optimism to tech blaming.
             | 
             | Valid criticism is OK (I stand by crypto being a scam) but
             | bring up any topic that is neutral to popular(VR,
             | Autonomous Driving, LLM) and people are first to be
             | luddites come out.
        
               | aylmao wrote:
               | > We've gone from a sense of techno optimism to tech
               | blaming.
               | 
               | IMO this is simply because the tech industry isn't what
               | it was 20+ years ago. We didn't have the monopolistic
               | mammoths we have today, such ruthless focus on
               | profiteering, or key figures so disconnected from the
               | layperson.
               | 
               | People hated on Microsoft and they were taken to court
               | for practices that nowadays seem to be commonplace with
               | any of the other big tech companies. A future where
               | everyone has a personal computer was exciting and seemed
               | strictly beneficial; but with time these "futures" the
               | tech industry wants us to imagine have just gotten either
               | less credible, or more dystopic.
               | 
               | A future where everyone is on Facebook for example sounds
               | dystopic, knowing the power that lays on personal data
               | collection, the company's track record, or just what the
               | product actually gives us: an endless feed of low-quality
               | content. Even things that don't seem dystopic like VR
               | seem kinda unnecessary when compared to the very
               | tanginble benefit the personal computer or the internet
               | brought about.
               | 
               | There are more tangible reasons to not be optimistic
               | nowadays.
        
             | radicalbyte wrote:
             | I find it really hard to classify myself. I've always
             | called myself a "libertarian" - I believe the best strategy
             | to Civilization is to maximise freedom for anyone. As
             | freedom enables enlightenment an enlightenment drives
             | progress. To actually achieve that, in the real world,
             | means that you have to distribute and limit power. That
             | means limiting not only government power but also corporate
             | power. That means regulation, strong regulators (breaking
             | monopolies), policies to keep prices down (including
             | rent/housing!) and to enable free market competition and
             | innovation. And provide an economic system where risks can
             | be taken, enabled by a social let (and social healthcare).
             | 
             | I felt that that was more common here 15 years ago before
             | Big Tech pivoted into the cynical extractive and, in the
             | case of the socials, net economic drag industry that it is
             | now.
             | 
             | The really weird thing is that my views are considered both
             | very right-wing (free markets, globalisation are great,
             | maximal freedom, maximal responsibility, freedom of
             | religion) and very left wing (strong regulation, policy to
             | minimise rent/house prices, strong social net, progressive
             | taxation and wealth limits, freedom to be LGBTQ+ etc).
        
           | nofriend wrote:
           | This is such a laughable comment. Being in favour of a
           | regulation - any regulation - is not part of the "hacker
           | spirit". A hacker qua a hacker is interested in a regulation
           | insofar as they can work around it, or exploit it to their
           | ends, not to put one in place to directly achieve something.
           | That's not to say all regulations are bad, or even that the
           | GDPR is, just that HN being for or against it isn't proof of
           | some demographic shift.
        
           | mmooss wrote:
           | > we've lost a lot of the hacker spirit and have a larger
           | proportion of "chancers", people who are only in tech to "get
           | rich quick".
           | 
           | Doesn't that describe SV in general, and big tech in
           | particular?
        
             | radicalbyte wrote:
             | > Doesn't that describe SV in general, and big tech in
             | particular?
             | 
             | Absolutely! It's just that the hopeful hacker/nerd culture
             | used to be more dominant here (slashdot had the more
             | cynical types).
             | 
             | Now there are a generation who don't know anything but
             | Javascript but think that they're God's gift to
             | programming. I can understand it as ZIRP resulted in the
             | bar being dropped to the floor for jobs which paid SV
             | salaries. Imagine earning that kind of money straight out
             | of school and all you had to be able to do was implement
             | Fizzbuzz.
             | 
             | The hackers ARE still here as are some really amazing
             | people but this always seems to happen with communities.
             | The only constant is change. And without change communities
             | die.
        
           | dewey wrote:
           | As this is the message board of a VC fund it's not that
           | surprising that it doesn't only attract hackers in the
           | original sense?
        
           | antoniojtorres wrote:
           | True that. I went to a building in SF that dedicated floor
           | space to every adjacent field like robotics, AI, crypto, etc.
           | Zero hacking or even cyber related space.
           | 
           | It made me feel kinda sad for a few days.
        
         | yardie wrote:
         | I believe the FTC had a case years ago. But the market has
         | moved on. YT took off backed by Alphabet capital. Tiktok took
         | off withe Bytedance capital. There was a time when FB/IG/WA
         | commanded most of social media. And Meta did use that clout in
         | some pretty grotesque ways.
         | 
         | Prior to 2020, FTC would have had a much stronger case. But too
         | little too late.
        
         | kmeisthax wrote:
         | > What I really want to see is Meta getting irrelevant ON
         | MERIT.
         | 
         | That happened a decade ago. Users dropped from Facebook like
         | flies and moved to Instagram. Mark Zuckerberg's response was to
         | buy Instagram. The Obama DOJ waved through what was obviously a
         | blatantly illegal merger.
         | 
         | Likewise, Google's only ever made two successful products:
         | Search and e-mail. Everything else was an acquisition. In fact,
         | Google controlled so much of the M&A market that YCombinator
         | (the company that runs this forum) complained in an amicus
         | brief that they were basically being turned into Google's farm
         | league.
         | 
         | So long as companies can be bought and sold to larger
         | competitors, no tech company will _ever_ become irrelevant.
         | They 'll just acquire and rebrand. The only way to stop this is
         | with the appropriate application of legal force.
        
           | eptcyka wrote:
           | What about hp, dell, ibm, compaq, sun? Companies are
           | temporary.
        
           | pessimizer wrote:
           | > The Obama DOJ waved through what was obviously a blatantly
           | illegal merger.
           | 
           | Speaking of buying Instagram[1], it's plain to see that the
           | horrible judges that Obama appointed simply don't believe
           | that antitrust should exist.
           | 
           | Exactly what you would expect from the guy who let Citigroup
           | appoint his cabinet[2]. The powers that be at the Democratic
           | party thought that _Hillary Clinton_ was too independent for
           | corporate elites, and she makes a fairly good case that they
           | fixed the primary because they thought he was their best
           | chance to  "save capitalism" after the crash. They were
           | right. She even sabotaged her next campaign with her
           | desperate need to show bankers that she was a safe choice
           | (e.g. the secret speech.)
           | 
           | > Google's only ever made two successful products: Search and
           | e-mail. Everything else was an acquisition.
           | 
           | And search was only successful for 5 minutes, until SEO broke
           | PageRank. Since that one fragile (but smart) algorithm, and
           | the innovation of _buying Doubleclick_ , everything else has
           | been taking advantage of the fact that we don't have a
           | government that functions when it comes to preserving
           | competition in the market. The West loves corporate
           | concentration; it's better when your bribes come from fewer
           | sources, and those sources aren't opposed to each other.
           | 
           | [1] James Boasberg; "Meta prevails in historic FTC antitrust
           | case, won't have to break off WhatsApp, Instagram"
           | https://apnews.com/article/meta-antitrust-ftc-instagram-
           | what...
           | 
           | [2] https://wikileaks.org/podesta-emails/emailid/8190
        
           | ljlolel wrote:
           | ?? He bought instagram in 2012 when it was tiny. They all
           | moved in 2016.
           | 
           | His response was 4 years back in time because he can see the
           | future?
           | 
           | They moved from meta to meta.
        
           | graemep wrote:
           | > sers dropped from Facebook like flies and moved to
           | Instagram.
           | 
           | Even worse, bought Whattsapp.
        
         | 4ndrewl wrote:
         | This is a proposal from the EC. Whether the EU accept it is not
         | clear.
        
           | wkat4242 wrote:
           | Yeah I really hope they don't. It's ridiculous to throw out
           | all the great work they've been doing.
        
             | 4ndrewl wrote:
             | Nothing's been official published though, so this is
             | largely a kite-flying exercise.
             | 
             | You don't need a pop-up to use cookies on your site. You
             | (quite rightly) need to get consent in some form if you're
             | to track my (or your) behavior and sell that to rando
             | third-parties.
        
         | JoshTriplett wrote:
         | > HN was cheering on as EU went after Big Tech companies
         | 
         | HN is not a hive mind or a monoculture. Every time the EU goes
         | after some company, some people always cheer, some people
         | always boo, and some people will cheer some and boo others
         | based on the impact/nuance of the particular policy or company.
        
           | bitpush wrote:
           | This is accurate, however if you look at any thread you can
           | see an overwhelming consensus of opinion. The diversity of
           | views are not equal - in the sense that there isnt equal
           | number of for and against comments.
           | 
           | In most of the threads I have observed about EU action on Big
           | Tech, the overwhelming majority of thoughts are 'for', with
           | perhaps few dissenting thoughts.
        
             | gambiting wrote:
             | It depends what time of the day you log in too. I'm in the
             | GMT time zone, I can literally see a comment go from +20
             | upvotes in the morning to negative numbers when Americans
             | start waking up. It really shifts your perspective of the
             | site too, because comments move down or even disappear
             | based on the number of votes.
        
           | dlcarrier wrote:
           | On top of that, one thing that always gets support is
           | complaining about the status quo, and those comments have
           | been the most upvoted, on either side of the debate
        
         | Aunche wrote:
         | Hackernews has always been a venture capitalist forum and has
         | always had a significant minority that generally sides with
         | money. I don't think that is substantially different today.
         | 
         | Most European regulations seemed to be less about helping
         | regular people and more about protecting European ad firms,
         | many of which are even shadier than big tech.
        
           | paulryanrogers wrote:
           | > ...more about protecting European ad firms, many of which
           | are even shadier than big tech.
           | 
           | Where can I read more about that phenomenon?
        
             | Aunche wrote:
             | There are lots of companies like this:
             | 
             | https://zeotap.com/wp-content/uploads/2025/06/Zeotap_-
             | Time-t...
        
         | microtonal wrote:
         | _What I really want to see is Meta getting irrelevant ON MERIT.
         | People stop using Meta products, and then I want to see it
         | die._
         | 
         | The problem is that with a nearly infinite amount of money, you
         | are not going to get irrelevant on merit. You just buy up any
         | company/talent that becomes a threat. They have done that with
         | Instagram and WhatsApp (which was and is really huge in Europe
         | etc.).
        
           | bitpush wrote:
           | Didnt the judge rule literally yesterday that this wasnt
           | illegal. This was one of Lina Khan's signature lawsuits, and
           | judge didnt agree even a single one of FTC's arguments.
        
             | xvector wrote:
             | Where can I read more about this? Quick search turns up
             | nothing for me
        
               | WorldMaker wrote:
               | https://arstechnica.com/tech-policy/2025/11/meta-wins-
               | monopo...
        
               | bitpush wrote:
               | https://www.theverge.com/news/823191/meta-ftc-antitrust-
               | tria...
               | 
               | It is actually a monumental case ruling, and for some
               | reason it wasnt reported or discussed here. Lina Khan's
               | FTC has lost both their marquee cases now (Google, Meta)
               | 
               | > Meta won a landmark antitrust battle with the Federal
               | Trade Commission on Tuesday after a federal judge ruled
               | it has not monopolized the social media market at the
               | center of the case.
        
               | xvector wrote:
               | Wasn't the case here really weak to begin with? I
               | remember reading the FTC's initial filings and they just
               | sounded absurd. The very premise that Meta didn't face
               | meaningful competition from TikTok was a farce.
               | 
               | I'm not very happy with Lina Khan after she killed our
               | only remaining low cost airline carrier. And killed
               | iRobot to let Roborock, a a Chinese company, take over.
               | 
               | She "stood up" to big tech, failed, and her remaining
               | legacy is destroying American businesses that people
               | actually relied on. Literally no value was added, but a
               | bunch was subtracted. I never understood the hype for
               | her.
        
             | calgoo wrote:
             | Just because something is not illegal does not make it a
             | good thing. Judges have political ties and if the people in
             | power dont want any monopoly laws, then there wont be any
             | monopoly laws.
        
             | dyslexit wrote:
             | I think you might have a different definition of "merit"
             | than OP. "Merit" to me means how much value the company
             | brings to society. If I'm reading correctly about your
             | point of it being legal, to you it seems like "merit" means
             | how much value they bring to their investors.
             | 
             | Social media companies becoming more consolidated and
             | influential might be legal and good for their stakeholders
             | but it doesn't mean it's a net positive for the rest of the
             | world. And unfortunately, as much as so many people like to
             | believe otherwise, being a net negative to society
             | absolutely does not lead to a company becoming irrelevant.
        
         | HWR_14 wrote:
         | > What I really want to see is Meta getting irrelevant ON
         | MERIT.
         | 
         | That's impossible. The network effects are too strong. Facebook
         | may die, or even Instagram, but WhatsApp is so intermeshed with
         | the majority of the world that it can only be taken out by a
         | government.
        
           | tdrz wrote:
           | I uninstalled WhatsApp last year after I sent a message to my
           | most important contacts that I'm switching to Signal. In the
           | mean time, I convinced a grand total of 2 people to install
           | Signal so we can talk. Also, I realized that actually not
           | being part in some of the WhatsApp groups that I left behind
           | has quite a lot of advantages!
           | 
           | Yes, the network effects are very strong, but each of us has
           | the possibility of making a small sacrifice for this thing to
           | change.
        
             | pseudalopex wrote:
             | Social connections can be a large sacrifice.
        
         | Spivak wrote:
         | Well yeah, the GPDR was great in theory and a huge win for
         | privacy advocates until it did jack shit in practice. It turned
         | out to have zero teeth and everyone just found ways to keep
         | business as usual while 'complying' with the law.
        
           | Spunkie wrote:
           | I think it's ridiculous to say GDPR did "jack shit". I now
           | have the ability to withdraw consent for tracking/marketing
           | cookies on every major companies website I visit. An option
           | that was near non-existent before GDPR.
        
         | geraneum wrote:
         | > What I really want to see is Meta getting irrelevant ON
         | MERIT.
         | 
         | Why? Is META relevant only on merit?
        
         | energy123 wrote:
         | Can contract killers become irrelevant on merit, or does it
         | take government intervention?
        
         | g-b-r wrote:
         | Meta's only merit is having a lot of users and keeping them
         | hooked at any cost.
         | 
         | It might surprise you, but success is not always rooted in
         | having done great things for the world
        
       | ChrisArchitect wrote:
       | Previously:
       | 
       |  _European Commission plans "digital omnibus" package to simplify
       | its tech laws_
       | 
       | https://news.ycombinator.com/item?id=45878311
        
       | mikece wrote:
       | How about this as a privacy law: if you collect data about people
       | without their EXPLICIT permission[1] you can be charged with
       | digital stalking. Same principle as stalking; escalating
       | penalties for repeat offenses and for doing so in bulk or en
       | masse.
       | 
       | EDIT: And you cannot share information gained by permitted
       | collection unless EXPLICIT permission to share is granted.
       | 
       | [1] Eg: it's not sufficient to disclose this in equivocal text
       | buried in 25k lines of EULA text.
        
         | kragen wrote:
         | Your proposed law would mostly be used against people who were
         | publicizing the criminal record of the mayor's nominee for
         | police chief or the ruling party's nominee for mayor.
        
         | Aloisius wrote:
         | What constitutes data about people?
         | 
         | If I save your comment, am I a digital stalker? Is Google a
         | digital stalker because they archived this page? Is HN a
         | digital stalker because they didn't get your explicit
         | permission to show a profile page with your karma on it?
        
           | imiric wrote:
           | You're being deceptively dense.
           | 
           | PII has a very clear definition. Posts on a public forum are
           | not part of it.
        
             | mpyne wrote:
             | > PII has a very clear definition.
             | 
             | It doesn't, actually, as many would-be DoD IT system owners
             | are surprised to find that simply generating a 32-bit
             | random UUID as a user ID is, per the regs, PII, and
             | therefore makes your proposed IT system IL4 with a Privacy
             | Overlay (and a requirement to go into GovCloud with a cloud
             | access point) instead of IL2 and hostable on a public
             | cloud.
             | 
             | Oh and now you need to file a System of Records Notice into
             | the Federal Register (which is updated only by DoD, and
             | only infrequently) before you can accept production
             | workloads.
             | 
             | There is a separate concept of "sensitive PII" (now
             | Moderate or High Confidentiality impact under NIST 800-122)
             | which replaces what people used to call the "Rolodex
             | Business Exemption" to PII/privacy rules.
             | 
             | But PII _is_ very clear:  "Personally Identifiable
             | Information". Any information that identifies a specific
             | individual, like for example, your HN username. Unless a
             | collective is posting on your handle's behalf?
        
       | Symbiote wrote:
       | Does anyone have a link to the proposal, preferably on the EU
       | website?
       | 
       | I'd like to see for myself, as I don't consider moving the
       | consent method from the webpage to the browser settings "watering
       | down" -- it's the opposite.
        
         | weberer wrote:
         | They seem to be reporting on two drafts that were leaked by
         | Netzpolitik.
         | 
         | https://cdn.netzpolitik.org/wp-upload/2025/11/EU-Kommission-...
         | 
         | https://cdn.netzpolitik.org/wp-upload/2025/11/EU-Kommission-...
         | 
         | The official website mentions these documents, but for some
         | reason doesn't let you view them, saying "It will be possible
         | to request access to this document or download it within 48
         | hours".
         | 
         | https://ec.europa.eu/transparency/documents-register/detail?...
         | 
         | https://ec.europa.eu/transparency/documents-register/detail?...
        
         | layer8 wrote:
         | They can be downloaded here: https://digital-
         | strategy.ec.europa.eu/en/library/digital-omn...
        
       | GardenLetter27 wrote:
       | About time. Startups and innovative business simply cannot get
       | investment when there's the constant risk of a new AI Act
       | massively increasing compliance and legal costs.
       | 
       | But it's not enough - they need to completely repeal the DSA, AI
       | Act, ePrivacy Directive, and Cybersecurity Act at least. And also
       | focus on unifying the environment throughout the EU - no more
       | exit taxes, no need for notaries and in-person verbal agreements,
       | etc.
       | 
       | There's just so much red tape and bureaucracy it's incredible.
       | You can't hire or pay payroll taxes across the EU (without the
       | hire relocating) - that's a huge disadvantage compared to the USA
       | before you even get into the different language requirements.
        
         | yardie wrote:
         | > no need for notaries and in-person verbal agreements, etc.
         | 
         | With the advancement of AI being used to commit fraud through
         | chat, video, and audio calls I think we're at the precipice of
         | needing to in-person verbal agreements again.
         | 
         | And I thought the harmonization of markets in the EU would have
         | reduced the red tape but some industries are built on it and
         | will complain quite vocally if their MP makes any move on it.
        
           | GardenLetter27 wrote:
           | The law in Germany comes from when many people couldn't read,
           | so all contracts must be read by a notary to both parties in-
           | person.
           | 
           | The bizarre thing is now they advertise how fast they can
           | read! Like it serves no purpose other than giving notaries
           | and lawyers a slice of all transactions.
           | 
           | Europe is full of backwards stuff like this - where the
           | establishment interests are so strong, it cannot be adapted
           | for modern times. From blocking CRISPR and gene editing crops
           | (while allowing the less controlled but older technology of
           | radiation treatment), to blocking self-driving cars.
        
       | theptip wrote:
       | > users would be able to control others from central browser
       | controls that apply to websites broadly.
       | 
       | Great to see this finally. It's obviously the way it should have
       | been implemented from the beginning.
       | 
       | We still see this technically myopic approach with things like
       | age verification; it's insane to ask websites to collect Gov ID
       | to age verify kids (or prove adulthood for porn), rather than
       | having an OS feature that can do so in a privacy-preserving way.
       | Now these sites have a copy of your ID! You know they are going
       | to get hacked and leak it!
       | 
       | (Parents should opt their kids phones into "kid mode" and this
       | would block age-sensitive content. The law just needs to mandate
       | that this mode is respected by sites/apps.)
        
         | ElectricalUnion wrote:
         | That was what P3P was supposed to enforce automatically for
         | you, until Google ruined it for everyone.
        
         | philipallstar wrote:
         | > (Parents should opt their kids phones into "kid mode" and
         | this would block age-sensitive content. The law just needs to
         | mandate that this mode is respected by sites/apps.)
         | 
         | Good kid mode[0].
         | 
         | [0] https://www.lego.com/en-gb/product/retro-telephone-31174
        
           | poly2it wrote:
           | Adding a kids mode to *all* sites seems like a huge
           | investment to most of the tech industry. I predict most would
           | just NGINX-block users with the kid header.
        
         | GardenLetter27 wrote:
         | > We still see this technically myopic approach with things
         | like age verification; it's insane to ask websites to collect
         | Gov ID to age verify kids (or prove adulthood for porn), rather
         | than having an OS feature that can do so in a privacy-
         | preserving way. Now these sites have a copy of your ID! You
         | know they are going to get hacked and leak it!
         | 
         | An OS feature is also a terrible option - remember when South
         | Korean banks forced the country to use ActiveX and Internet
         | Explorer?
         | 
         | The government should offer some open digital ID service where
         | you can verify yourself with 2FA online, after registering your
         | device and setting credentials when you get your ID card +
         | residence registration in person.
        
           | JumpCrisscross wrote:
           | > _OS feature is also a terrible option - remember when South
           | Korean banks forced the country to use ActiveX and Internet
           | Explorer?_
           | 
           | Just let Estonia run the programme [1].
           | 
           | [1] https://e-estonia.com/solutions/estonian-e-identity/id-
           | card/
        
         | everforward wrote:
         | I'm dubious of the privacy-preserving approaches and would
         | rather we just quit with digital age verification. I'm
         | specifically worried about unification of data sources
         | identifying users.
         | 
         | The challenges presented to sites, and verifiers if the scheme
         | uses those, would have to be non-identifiable in the sense that
         | they can't tell that 2 of them came from the same key.
         | Otherwise there's a risk users get unmasked, either by a single
         | leak from a site that requires age verification and a real name
         | (e.g. an online wine merchant) or by unifying data sources
         | (timing attacks, or identifying users by the set of age-
         | restricted sites they use).
         | 
         | Perhaps I just don't understand the underlying crypto. That
         | wouldn't be super surprising, I'm far from an expert in
         | understanding crypto implementations.
        
         | Neikius wrote:
         | Another backhanded way to forbid opensource solutions? Because
         | now they will argue we need secure booted tamper-proof
         | windows/mac os to make sure the proof is legit.
        
       | ChrisArchitect wrote:
       | Related:
       | 
       |  _Europe 's cookie nightmare is crumbling. EC wants preference at
       | browser level_
       | 
       | https://news.ycombinator.com/item?id=45979527
        
         | jakub_g wrote:
         | > European Commission wants browsers to manage cookie
         | preferences instead of pop-ups on every website.
         | 
         | Better late than never, but it's insane it took them almost a
         | decade to figure this out.
        
       | shevy-java wrote:
       | Poor Europe - lobbyists make sure that Europe stays weak.
       | 
       | That statement includes Ursula by the way.
        
         | stronglikedan wrote:
         | Lobbyists make sure that ~~Europe~~ _the world_ stays weak.
         | 
         | They need more strict financial regulation than politicians do!
        
         | rafaelmn wrote:
         | You can't build large ML models without swaths of data, and
         | GDPR is the antitheses of collecting data. Therefore
         | countries/companies that don't have to abide by it are at an
         | obvious advantage.
         | 
         | If anything this is coming from political elite being convinced
         | that AI research is a critical topic, EU recognizing it's weak
         | because of the self-imposed handicaps and trying to move past
         | that. I'd be shocked if we manage to do anything concrete on
         | the matter TBH.
        
           | Manfred wrote:
           | The GDPR is about protecting personal data, what personal
           | data could you possibly need to train an AI model?
        
             | xvector wrote:
             | Let's turn that around. What personal data _wouldn 't_ help
             | train an AI model?
        
       | nikanj wrote:
       | Companies made cookie banners as obnoxious as possible, because
       | they knew that by making people hate the banners, the population
       | would turn against the GDRP
        
         | monocularvision wrote:
         | Is that why most of the EU governmental websites have the same
         | cookie pop up banners?
        
           | hdgvhicv wrote:
           | Lack of product ownership and cargo cult developers.
           | 
           | Legislation can't change culture.
        
       | WhereIsTheTruth wrote:
       | Yet again, European countries are showing who their leaders are:
       | US Big Tech
       | 
       | No wonder we default to Google Chrome on Microsoft/Apple systems,
       | and American social platforms, to debate issues affecting EU
       | citizens
        
       | nalekberov wrote:
       | EU introduces Chat Control, then scales back GDPR, what's left?
       | Digital ID and digital currency (with no possibility of paying by
       | cash)?
        
       | blablabla123 wrote:
       | That's a pity, the government fails to capitalize on its own
       | policies because they fail to set up long term investment. First
       | environmental and e-Mobility and now AI.
       | 
       | Sure, there's way too much bureaucracy. But I see there things
       | like taxes, regulations about the cucumber radius etc.
        
         | hdgvhicv wrote:
         | What exactly did you see about cucumbers?
        
           | blablabla123 wrote:
           | They scrapped it actually but this law used to be the main
           | example for overbearing EU bureaucracy
           | 
           | https://www.theguardian.com/lifeandstyle/wordofmouth/2008/no.
           | ..
        
             | hdgvhicv wrote:
             | He actual regulation said that you had to classify them
             | based on their characteristics. If I wanted a straight
             | cucumber and I ordered one I would get one. If I was happy
             | with a bendy one then I'd simply order an "any shaped" one.
             | 
             | I don't see a problem woth mandating truth in advertising.
        
       | cm2012 wrote:
       | This is such an important change for Europe. I've worked with
       | 100+ start-ups as a consultant, and I've talked to EU ones who
       | have been strangled by some of the regulations.
        
         | hdgvhicv wrote:
         | What were they doing with user data?
        
           | cm2012 wrote:
           | Number one use case is sending anonymized and hashed data
           | back to the ad platform to trigger conversion events.
           | 
           | Essentially all modern advertising is done algorithmically.
           | The platform takes conversion events (a typical event is
           | "someone fills out a form"), that signal is sent to the
           | platforms, and the platforms use it to serve your ad to other
           | people who may be interested. GDPR as it is means you need
           | opt-in to do this, so it greatly reduces the effectiveness of
           | online ad targeting.
           | 
           | So in practice, say you make a new cool B2B tool for, say,
           | plumbers. It automates your plumbing business and makes
           | plumbers more money.
           | 
           | In the US, you can make a Meta ad campaign with broad
           | targeting and Meta will use algorithmic magic and be able to
           | just find plumbers for you to show your ad to.
           | 
           | In the EU, this doesn't work as well, so its harder to find
           | plumbers to show your ads to. Less plumbers get to use your
           | product as a result. So its just one reason it's hard to get
           | your EU based Plumbing SaaS off the ground.
        
             | Neikius wrote:
             | Biggest issue with this is the modern web ads don't even
             | work.
             | 
             | You get ads for fridge AFTER you bought one since they now
             | know you browsed them.
             | 
             | What works is content based advertising - so advertise a
             | power drill on a woodworking hobbyist site. No tracking
             | required there. Conversion can be obtained when user clicks
             | a link via redirect. Like in the good ol times.
             | 
             | But this modern approach that massively invades privacy has
             | been sold to businesses and now they require it even though
             | it is probably ineffectual.
        
               | debazel wrote:
               | > What works is content based advertising - so advertise
               | a power drill on a woodworking hobbyist site. No tracking
               | required there. Conversion can be obtained when user
               | clicks a link via redirect. Like in the good ol times.
               | 
               | This still requires tracking to follow the user through
               | the whole flow, which is required unless you want to be
               | defrauded with fake users at the very least, but also
               | very important to track the actual performance of each ad
               | source.
        
               | AlexandrB wrote:
               | Why do things that are important to the advertiser trump
               | what's important to the user? I don't care how hard it is
               | for you to track the performance of your ad sources, I
               | just want you to stop tracking me.
        
               | debazel wrote:
               | Because without ads we're not profitable so there would
               | be no service?
               | 
               | You can't just buy a domain, put your service out there,
               | and expect it to gain traction. Advertising that you
               | actually exist is essential for any service, but
               | especially so for smaller businesses and startups.
        
             | mihaaly wrote:
             | They are strangled by rules in using personal data on
             | algorithmic advertismenet?
             | 
             | GOOD!
        
             | saubeidl wrote:
             | Essentially all modern advertising is evil.
        
             | Telaneo wrote:
             | > GDPR as it is means you need opt-in to do this, so it
             | greatly reduces the effectiveness of online ad targeting.
             | 
             | Good! I don't want ads to be a thing in the first place.
             | It's a good thing that industry is being strangled by
             | regulation.
        
           | debazel wrote:
           | Most are running ads and needs to track the performance of
           | their ad spend I believe, at least that what we do. We don't
           | care at all about tracking anything other than x amount of
           | users came from x ad source with some basic device info like
           | mobile/desktop/etc.
           | 
           | We tried to get rid of any tracking banners but have been
           | unable to do so.
        
             | AlexandrB wrote:
             | How do I stop you from tracking this information about me?
        
               | naIak wrote:
               | Do not consent when asked or, better yet, do not use
               | websites that implement these techniques.
        
             | hdgvhicv wrote:
             | So can't abuse people's data without their consent is being
             | strangled?
             | 
             | Is that like I'm strangled with my start up of
             | "cheapdvds.com" because I can't sell someone else's data?
        
           | sojsurf wrote:
           | Probably using off-the-shelf analytics because rolling your
           | own analytics takes time away from solving the central
           | problems your users are paying you for. No one is _using_ the
           | data. It's often not even really PII except that GDPR's net
           | is incredibly broad.
           | 
           | I have not seen GDPR reduce the amount of data people track.
           | It's just resulted in piles of cash being burned on lawyers'
           | advice to make sure the company has as little GDPR-related
           | liability as possible. Subprocessor agreements, updated Terms
           | and Conditions, etc.
           | 
           | Some good has come out of it, such as less backup retention,
           | and some basic data breach plans, but a lot of it is theater.
        
         | dannersy wrote:
         | Honestly? Sounds like incompetence. I have never had issues
         | with GDPR compliance. If their business is using people's data
         | in an irresponsible or intrusive way, then they probably
         | shouldn't succeed. The engineering problems it introduces
         | aren't hard problems.
        
         | mihaaly wrote:
         | I do not care about 100s of startups and how they want to use
         | my data for advertisement or other things they benefit from.
         | 
         | I care about keeping my personal data private so it will be
         | more difficult to use for profiling me for whatever (whatever!)
         | reason, but all are for other's benefit on no or marginal
         | benefit for me in overwhelmingly major part of the cases.
         | 
         | If startups cannot do properly, then they should not do at all!
         | They must spend on handling personal data well if they want to
         | handle personal data at all! There are way enough already and
         | most are just go out and bust, circulating data collected who
         | knows where and how. And they are surprised it is so hard
         | compiling data on people, people are increasingly reluctant to
         | share because the so many abuse and actual damages caused by
         | personal data abused.
         | 
         | People are important, not the startups!
        
           | debazel wrote:
           | Sure and that's why EU now has the weakest tech sector of any
           | service industry and have become absolutely dependent on US
           | and Chinese software instead.
           | 
           | I cannot even use my official government ID application that
           | is mandatory almost everywhere without signing on to Google
           | or Apple, so much for data privacy and sovereignty.
        
             | rester324 wrote:
             | This is pretty much untrue. Look at India, Africa, South
             | America, Japan, Singapore or Australia and compared to them
             | the EU is doing just fine
        
               | generalizations wrote:
               | You're comparing the tech sector of the EU to that of
               | _Africa_?
        
       | pdimitar wrote:
       | Is EU suffering from FOMO?
       | 
       | As an EU citizen, this is shameful and even kind of pathetic to
       | read.
       | 
       | Will we start outsourcing all our IT needs to USA again?
        
         | seydor wrote:
         | Start?
        
           | pdimitar wrote:
           | I stand corrected. :D
           | 
           | You are quite right! They have never stopped. And I am
           | ashamed on their behalf. We have _amazing_ tech talent in the
           | EU but we are beholden to old and ultra-risk-averse rich
           | aristocracy. What a damned shame.
        
       | Qwertious wrote:
       | Cowards.
        
       | r3knak wrote:
       | Good, GDPR is useless for the consumer as 99% of the people click
       | "Accept everything". It's only a few of us who care about this
       | kind of thing and we shouldn't have policy made for the 1%.
       | 
       | I hope the changes they implement will actually benefit small
       | startups instead of relaxing regulations for large data hoarders.
        
         | harperlee wrote:
         | GDPR is not about the cookie banner, it has massive
         | implications around the whole lifecycle of data. For example
         | you need to be able to gather all data of a particular client
         | for them to access, and they have the right for all their data
         | to be erased.
        
           | baggy_trough wrote:
           | Far less than 1% of people would care about either.
        
             | jlokier wrote:
             | But far more than 1% are harmed by it.
             | 
             | Sometimes the harm is severe. Vast oceans of poorly handled
             | personal data collected in exquisite and unnecessary detail
             | by dark patterns, copied around to everyone who might be
             | interested with low regard for security, kept forever,
             | analysed by the best algorithms and sold to whomever will
             | buy it, raise the risks and consequences of identity theft
             | and fraud for everyone.
             | 
             | Those are the sorts of things GDPR is designed to limit.
             | 
             | The GDPR isn't about cookies or websites. It applies to
             | non-web-based businesses too. It's basically just insisting
             | on security best practices in every part of a business that
             | handles personally identifying or sensitive data.
             | 
             | Limiting its collection to what is necessary and consented
             | to, deleting or anonymising it when it's no longer
             | required, respecting wishes of the individuals the data,
             | and giving people some confidence that security best
             | practice is taken seriously.
        
               | baggy_trough wrote:
               | Most people don't care about these things. Who are you to
               | say that the harm is severe to people who don't care?
        
               | harperlee wrote:
               | It is a government who says that...
        
             | harperlee wrote:
             | That is not surprising. Regulations are a way to ensure
             | things that are not easily reached by market forces.
             | Doesn't mean that we should not care for that.
        
       | merqurio wrote:
       | The news feels bittersweet. With 10+ of experience in healthcare
       | AI, I have seen enough shitty products to genuinely welcome
       | strict regulation for critical sectors; however, this shift
       | threatens to dilute the sense of urgency that was growing in the
       | sector.
       | 
       | We recently built a platform specifically to navigate the complex
       | intersection of MDR (Medical Device Regulation) and the AI Act,
       | relying on the pressure of hard deadlines. By introducing
       | flexible timelines linked to technical standards, the EU risks
       | signaling that compliance is a secondary concern, potentially
       | stalling the momentum... and at this point patient safety is my
       | biggest concern, not our platform
       | 
       | This introduces chaos rather than relief. Companies do not need
       | lower standards; they need _clarity_.
       | 
       | We can compete effectively against high standards as long as the
       | rules are clear. EU AI Act was clear. This proposal substitutes
       | the certainty of a high bar with the confusion of a sliding
       | scale, which may hinder the industry more than it helps :/
        
       | danishSuri1994 wrote:
       | I sympathize with the startup argument: heavy compliance costs
       | can stifle early innovation. But the solution shouldn't be
       | "weaker rules." It should be smarter rules, clearer safe harbors
       | for small actors, browser-level consent primitives for users, and
       | stronger enforcement against dark-pattern CMPs. That keeps
       | privacy meaningful without killing small businesses.
        
         | jdasdf wrote:
         | > clearer safe harbors for small actors
         | 
         | Different rules for different people huh?
         | 
         | Just because you like the group you're benefiting and dislike
         | the group you're harming doesn't mean that is good policy.
        
           | JumpCrisscross wrote:
           | > _Different rules for different people huh?_
           | 
           | Compliance has fixed costs. And smaller operations have a
           | smaller blast radius when things go wrong. Reducing
           | requirements for smaller operators makes sense.
        
           | Swenrekcah wrote:
           | Not different rules for different people.
           | 
           | You would be subject to one rule for your small company and
           | another rule as it grows.
           | 
           | This is everywhere in society, from expectation difference
           | between babies, kids, teenagers, adults and seniors and to
           | tax bracket structures.
        
             | rat9988 wrote:
             | This is different for different people said differently.
             | Why would small companies have access to things not allowed
             | to big companies?
        
               | kelseyfrog wrote:
               | Because quantity is a quality of its own.
        
               | alwa wrote:
               | Yes, it is--gp's point being we do that _all the time_
               | and often agree that it makes sense.
               | 
               | A baby doesn't catch a sex pest charge for running around
               | naked, but it also can't get a gun license. A mom-n-pop
               | doesn't have to hire an auditor and file with the SEC,
               | but it also can't sell shares of itself to the public.
               | 
               | Why? The bigger you are, the more responsibility you
               | bear: the bigger the impact of your mistakes, the subtler
               | the complexities of your operation, the greater your
               | sophistication relative to individual customers/citizens
               | --and the greater your relative capacity to self-
               | regulate.
        
               | Levitz wrote:
               | Because their conditions and abilities are different.
        
               | rat9988 wrote:
               | But the conditions aren't here to annoy big companies but
               | because we want to shape society in a specific way. Why
               | would I allow small companies to disrespct author rights
               | and steal, or gather more private information about
               | citizens?
        
               | Swenrekcah wrote:
               | Corporations are not people. This is not different rules
               | for different people.
               | 
               | In the traditionally implied sense of different rules for
               | different social classes.
        
           | andrepd wrote:
           | In literally no place in the world are the rules the same for
           | running a multinational or running a lemonade stand. I feel
           | this should be obvious.
        
             | veltas wrote:
             | In almost every developed country the rules are exactly the
             | same. No hairnet, no licence? Lemonade Stand Ltd can and
             | will be shut down. The main difference is lenience in
             | punishment which tends to tail off and disappear at the
             | lemonade stand scale, and be stricter for large
             | multinationals.
             | 
             | I wish you were right though.
        
               | hobs wrote:
               | Seen house building regulations recently? Most countries
               | will let the home owner do things they'd never let a
               | contractor do without a permit. There's a lot of
               | different laws for home or very small scale selling of
               | various goods, brewing, canning, single person doing
               | business as companies, etc.
        
               | no-name-here wrote:
               | > home owner
               | 
               | But in this analogy, we aren't talking about a person
               | doing coding at home only for their own use, are we?
               | Isn't this about small companies - I.e. whether there
               | should be different applicable laws if you hire a small
               | construction company vs a large one to rewire your
               | kitchen, etc?
        
               | Spivak wrote:
               | Yep, a single person contractor business is no more able
               | to work on a home without a license and permit than a
               | giant corporation.
        
               | vouwfietsman wrote:
               | I'm not sure how you got to this conclusion. The answer
               | is a simple google away: smaller companies face lower
               | taxes, lower standards of documentation on health &
               | safety, don't need work councils, less reporting on
               | workspace/financials, etc etc etc.
        
           | ivan_gammel wrote:
           | >Different rules for different people huh?
           | 
           | That's how efficient market works. The bigger are the
           | players, the higher are the chances they will distort the
           | market. You need to apply the force proportional to size to
           | return market back to equilibrium at maximum performance. We
           | have anti-trust laws for this reason, so nothing new, nothing
           | special.
        
           | cess11 wrote:
           | I think most people agree that the state should be subject to
           | harsher rules than you are, because it is large and powerful.
           | 
           | But you would actually prefer to be subject to the same rules
           | as the state? I.e. typically nothing which isn't explicitly
           | allowed is forbidden for you to do, you are forced to hand
           | out copies of documents you produce, and so on?
        
           | kazinator wrote:
           | The problem is that an intellectually consistent position of
           | being against "different rules for different people" means
           | everywhere, in everything.
           | 
           | For instance, poor people should not have any tax breaks:
           | everyone should pay exactly the same percentage of their
           | income, like 15% all across the board or whatever.
           | 
           | Such ideas often have regressive effects.
           | 
           | However, I get it. When it comes to handling personal
           | information, you simply can't say that the "little guys"
           | don't have to follow all the rules, and can cheerfully
           | mishandle personal information in some way.
           | 
           | Small operators have simpler structures and information
           | systems; it should be easier for them to comply and show
           | compliance, you would think (and maybe some of the
           | requirements in the area can be simplified rather than rules
           | waived.)
        
           | veltas wrote:
           | Regulation is a moat designed by and benefitting big
           | corporations. Removing it for small businesses specifically
           | would actually be fair.
        
           | 47282847 wrote:
           | Almost any corporate rule I am aware of has differences in
           | how they apply depending on the size of the company. And as
           | an entrepreneur and startup consultant I think that is a good
           | principle. I don't even see how society could function
           | without it.
        
           | shadowgovt wrote:
           | It could, however, be good policy independent of personal
           | preference.
           | 
           | I like folks who have to work for a living and dislike
           | billionaires relaxing on yachts bought on their generational
           | wealth, but in addition sociology metrics of the United
           | States in the past 100 years suggest that the highest levels
           | of happiness correlated pretty heavily with marginal tax
           | rates as high as 100% based on wealth.
        
         | port11 wrote:
         | This would require politicians and policy-makers that think
         | long-term, know what they're regulating, and maybe have been in
         | the field. I don't think Law school Eurocrats can do any of the
         | 3 items above, at least not well enough. This is either a way
         | to chop at the (poorly designed and already watered down) GDPR
         | or true, unapologetic lack of care.
         | 
         | I'm hoping to go for my 3rd startup and 'compliance costs' have
         | never been stifling; it's just more expensive to run a business
         | here and there's far, far less funding available. That's really
         | it.
         | 
         | Belgium's tax haven will make some people willing to give you
         | 10k in post-seed. Wow. We hunted VCs for 1.5 years to negotiate
         | one million-ish euros after showing market traction. We just
         | aren't on the same level as the US, and that's kinda okay.
         | Grants might work, but I mostly see grants for things that
         | won't compete well in the current market.
         | 
         | AI nonsense won't make us more competitive -- but hey, we'll
         | arrive late to the bubble. We need to be building the kind of
         | core, dependable infrastructure that would honour privacy, make
         | us more independent. Backing off on privacy protections won't
         | yield a mobile OS, an independent browser, better cloud
         | options, etc.
         | 
         | It's just... lazy. "Slap AI on it"-level policy. Ugh.
        
           | Retric wrote:
           | Politicians don't need to know the details, they need to be
           | advised by competent people with the best interests of the
           | public in mind. Which may sound straightforward while being
           | really difficult to get right.
        
         | pants2 wrote:
         | Why did you use an LLM to write a comment?
        
           | gruez wrote:
           | What makes you think it's LLM generated?
        
             | marknutter wrote:
             | The double quotes perhaps?
        
             | stronglikedan wrote:
             | colons and directional quotation marks scare folks who
             | don't know how to use them properly
        
             | pants2 wrote:
             | Brand new account with 4 rapid & likely LLM comments,
             | directional quotation marks, and common ChatGPT-isms such
             | as "that does X without doing Y"
        
             | barrkel wrote:
             | The structure of what it wrote, and the banality of the
             | point.
        
         | marcosdumay wrote:
         | Yes, the solution is clearer rules. What drives compliance
         | costs up is rarely the compliance itself, it's usually the
         | uncertainty about your being in compliance or not.
         | 
         | That's also true for tax laws, labor laws, environment laws,
         | almost every safety code out there, building zoning...
        
           | mlyle wrote:
           | Well, compliance itself is costly, but the cost is stuff that
           | society decided it wanted to spend money on.
           | 
           | But uncertainty in compliance and time spent navigating
           | compliance is nearly pure waste.
        
             | a4isms wrote:
             | To continue a conversation from another thread on another
             | post, uncertainty, complexity, ambiguity, and out-of-band
             | context required are all costs that just happen to act as
             | moats for entrenched incumbents. And no surprise, such
             | incumbents often have so much influence over politics that
             | they literally write the laws that regulate them.
             | 
             | The folksy aphorism goes, _The more wild cards and crazy
             | rules, the greater the expert 's advantage_.
        
               | mlyle wrote:
               | Yes-- I think most of us are familiar with regulatory
               | capture. But the solution to regulatory capture isn't "no
               | regulation."
        
               | marcosdumay wrote:
               | I'm not sure.
               | 
               | Complexity is clearly hired by lobbyists all the time,
               | but uncertainty and ambiguity seem to me to be mostly
               | caused by incompetence. It's not even clear if
               | uncertainty benefits incumbents more; it can just as
               | likely destroy a market or benefit new entrants, and you
               | can't predict which will happen at the time you create it
               | (otherwise it's not uncertain).
               | 
               | Legislative houses need technocratic QA. And that QA
               | needs to be independent from the law-writing process.
        
           | sothatsit wrote:
           | Exactly this. As a recent example, the documents for the new
           | Online Safety Act in the UK are over 2400 pages long! That
           | means that even small businesses that want to comply have no
           | reasonable option other than relying on summaries, and the
           | regulator and big businesses will probably just negotiate on
           | what the details actually mean in practice anyway.
           | 
           | I understand that there's nuance when dealing with all the
           | edge cases to regulations. But it seems that the answer
           | should not be extending the regulations to insane lengths to
           | try to cover everything. That way lies insanity.
        
         | graemep wrote:
         | I always felt applying the same rules to everyone was a big
         | problem with GDPR.
         | 
         | Not just small business, but even non-profits that just keep a
         | list of people involved with them are subject to the same
         | rules, even if they only use the information internally and do
         | not buy or sell any personal information.
         | 
         | Its not just cookies and websites, its any personal information
         | stored electronically.
        
           | MangoToupe wrote:
           | I just don't see the issue. The GDPR isn't exactly difficult
           | to comply with, nor does it hamper any of the clear successes
           | of the last 25 years outside of the ad industry. What's the
           | benefit of backing out on it? Is this just an effort to make
           | a homegrown surveillance network?
        
             | graemep wrote:
             | I am not saying privacy laws should be repealed (if you
             | look at my other comments, quite the opposite).
             | 
             | I am saying that the same regulations are both too easy for
             | big business to evade (or ignore and treat fines as a cost
             | of doing business) AND too burdensome on small
             | organisations that do not trade information. Something as
             | simple as a membership list can draw you in.
        
             | pembrook wrote:
             | Ughhh here we go again.
             | 
             | Every time GDPR is brought up on HN, the same "it's super
             | simple to comply, just read it yourself!" religious
             | incantation gets repeated ad-nauseam.
             | 
             | I think it's because people love the idea of what they
             | _think_ GDPR actually represents (the fuzzy abstract idea
             | of  "privacy"), without ever diving into any of the
             | implementation details.
             | 
             | Almost nobody on this forum has ever talked to a lawyer
             | about this, and even less people have followed the actual
             | court rulings that have determined what GDPR actually means
             | in practice.
             | 
             | My favorite example, under GDPR over the last 5 years,
             | regardless of whether you follow the spirit of GDPR to the
             | letter...due to the various schrems rulings, back-and-forth
             | on SCCs, data-transfers, and EU-US political
             | spats...there's been multi-year periods where if you're
             | using any service touching data in any part of your
             | business even remotely connected to the US or any non-EU
             | country (so, almost everything), it's been a violation that
             | exposed you to massive fines should any EU resident have
             | filed a complaint against you. This was recently resolved
             | again, but will continue to go back and forth if GDPR
             | remains as-is.
             | 
             | And this is just one of many weird situations the law has
             | created for anyone running a business more complex than "a
             | personal blog."
        
               | SiempreViernes wrote:
               | I mean, if _your_ domestic legislation makes it
               | impossible for _you_ to ensure the privacy of your
               | customers, why do you insist could be responsible
               | custodians?
        
               | troupo wrote:
               | > but will continue to go back and forth if GDPR remains
               | as-is.
               | 
               | Yes, it should remain as is and _enforced_. Yes, storing
               | your users ' data in the US is extremely problematic
               | because the US really couldn't give two shits about
               | privacy, or user data.
        
               | pembrook wrote:
               | I totally get it, it's fun to take wildly impractical
               | ideological stances on things and ignore reality.
               | 
               | However, this generation is beginning to learn the lesson
               | every generation learns: one has to deal with the world
               | as it is, not as one wishes it were. Scarcity exists.
               | 
               | Unfortunately, in globalized economic reality, you will
               | have to transfer data to other countries to conduct
               | business.
               | 
               | Unfortunately, in fossil fuel driven reality, you can't
               | just shut off the fossil fuels and switch to paper
               | straws, you have to build actually viable alternatives
               | first.
               | 
               | Unfortunately, in non-world-peace reality, you can't just
               | stop having a military and become pacifist. Turns out you
               | still need missiles and tanks.
               | 
               | Unfortunately, in low-birth and low-economic-growth
               | reality, you cannot let people retire at 62 and draw
               | inflation-pegged pensions until death.
               | 
               | Unfortunately, in non-0 interest rate reality,
               | governments can't keep deficit spending to prop up a
               | broken socialist economic model.
               | 
               | Etc. Etc.
        
         | shadowgovt wrote:
         | Browser level consent primitives would be a significant
         | improvement on the status quo.
        
           | recursive wrote:
           | Do Not Track was a spectacular failure.
           | 
           | You can still turn cookies off in your user agent though.
        
             | lenerdenator wrote:
             | It was a spectacular failure because the people who thought
             | of it didn't stick to it.
        
               | bigfatkitten wrote:
               | In no small part because the people who thought of it
               | (the browser makers) had a powerful commercial incentive
               | to ditch it, because they are funded by advertising.
        
               | pseudalopex wrote:
               | Microsoft enabled Do Not Track by default. Advertisers
               | said they would ignore it for this reason. Most of them
               | never respected it. Apple removed it from Safari years
               | later because it was used for tracking. Mozilla removed
               | it from Firefox years after Safari. Chrome has it even
               | now.
        
               | shadowgovt wrote:
               | > Advertisers said they would ignore it for this reason
               | 
               | That was the missed opportunity. Had the EU stepped in
               | and said "I'm sorry, the user expressed explicit intent
               | to not be tracked and you're planning to ignore that? How
               | about that's a fine?" it would have survived.
               | 
               | But they weren't prepped to take action yet.
        
               | pseudalopex wrote:
               | Microsoft made the user expressed intent and the user
               | expressed no opinion look the same.
        
               | K0nserv wrote:
               | That doesn't track (pun not intended). It's a binary
               | state so either side has to be the default, they just
               | changed which side the default fell on. Prior to the
               | change no opinion expressed and expressed intent (in
               | favour of tracking) still looked the same.
        
               | recursive wrote:
               | I don't think so. It was conceived on the user agent side
               | AFAIK. The publishers decided not to honor it. At that
               | point, there's not much point to keeping it on the UA
               | side.
        
           | d-lisp wrote:
           | I second this; I have never been "into" these problematics
           | and as a user I generally just disallow everything I can,
           | which can be a pain (I mean I do want to often don't store
           | anything when I'm browsing the web, which leads to meeting a
           | lot of "cookie banners"). While there are probably browser
           | extensions that can perform the automatic opt-out, it would
           | be nice if browsers provided an API as an unified and
           | centralized way to communicate consentment as a set of
           | privilege access to different browser features and APIs (you
           | could e.g. forbid the use of canvas, or even JS entirely).
           | 
           | But that's only a small part of a huge legal frame, and as I
           | said I don't know much about these problematics.
        
         | clickety_clack wrote:
         | So "smart rules" only means "more rules"?
         | 
         | Smart rule making includes reducing the regulatory burden when
         | it overreaches. The weight of regulation around tech in the EU
         | is creating an environment such that the only companies that
         | can operate in a space are the ones who can afford massive
         | compliance overhead. That leaves you with the very same big
         | tech firms that people are writing these rules to protect
         | themselves from in the first place.
        
           | cael450 wrote:
           | Well, yeah, they were written to prevent at least some of the
           | privacy abuse from those big tech companies, not to get rid
           | of them. Sometimes the answer is more rules, such as rules
           | protecting smaller businesses while continuing to place
           | regulatory burdens on the tech giants, who are responsible
           | for the most egregious invasions of privacy.
        
         | MangoToupe wrote:
         | Innovation isn't worth it for innovation's sake, though. Europe
         | could easily profit watching others innovate and taking what
         | makes sense for europe. I don't see anything about GDPR that
         | would harm innovation or long-term success for europe.
        
           | jedberg wrote:
           | > I don't see anything about GDPR that would harm innovation
           | or long-term success for europe.
           | 
           | It's the same thing as any other regulation -- regulatory
           | burden. Laws aren't code, they need interpretation. That
           | means you need your own lawyer to tell you an interpretation
           | that they feel they can defend in front of a judge.
           | 
           | There is a cost to that. In both time and money. I am the CEO
           | of a startup who is subject to GDPR. The amount of time and
           | money we've spent just making sure we are in compliance is
           | quite high, and we barely operate in Europe and don't collect
           | PII.
           | 
           | You can wing it and say "this looks easy, I can do this on my
           | own!" and maybe you can. For a while. But no serious business
           | is going to try to DIY any regulations.
        
             | troupo wrote:
             | > The amount of time and money we've spent just making sure
             | we are in compliance is quite high, and we barely operate
             | in Europe and don't collect PII.
             | 
             | So either you're lying or your lawyers are lying to you.
             | 
             | In 9 years you could've finally read and understood the
             | rather small law yourself.
        
               | jedberg wrote:
               | I have read and believe I understand it. That does not
               | matter. What matters is can your decisions be defended in
               | front of a judge. I am not qualified to figure that out,
               | and unless you're a lawyer, neither are you.
        
         | ljm wrote:
         | Putting conditional logic in legislation still benefits big
         | companies, if it still requires legal expertise to unpack all
         | of the complexity added to the law. GDPR is a mess exactly
         | because of this, and so is the UK's ridiculous OSA. It's
         | loopholes and malicious compliance all the way down.
         | 
         | Ignoring that, the other problem is enforcement. Is it not
         | unrealistic to have a law that says "if you have a data breach
         | you are subject to a penalty?" And "if you fail to report that
         | breach the penalty can go as far as corporate death or
         | executive incarceration?"
         | 
         | Or even more simply - replace the wrist-slapping fines with
         | criminal charges and imprisonment.
        
         | YetAnotherNick wrote:
         | Smarter rules and clear rules are kind of contradictory. GDPR
         | is smart but not clear(as it operates on intent). Tax laws are
         | clear, but not smart(as the interpretation is literate and
         | there are multiple loopholes).
        
         | seanmcdirmid wrote:
         | AI should also be seen as an opportunity for small actors to
         | actually understand and follow numerous complex rules. You
         | don't need a huge legal and compliance team anymore, you just
         | need to feed chatgpt the right amount of legal and ruling
         | documentation, and then consult it on how you can actually
         | comply.
        
           | noitpmeder wrote:
           | HAHAHAHA good joke. Oh wait. You're serious. Oh god please
           | no.
        
             | thfuran wrote:
             | But 60% of the time, it works every time.
        
       | superkuh wrote:
       | Does this mean that whois information can come back? The
       | destruction of the whois databases by GDPR really made the
       | internet a more closed, proprietary place. No more could one just
       | contact the people behind any domain and communicate... pretty
       | much impossible after GDPR came into effect. Especially if you
       | don't use twitter/corporate crap.
        
         | hdgvhicv wrote:
         | That was already the case for the majority of domains.
        
           | superkuh wrote:
           | We must have lived on different internets. I have much lived
           | experience of finding cool domains, looking up their email,
           | and talking to them all the way up to GDPR coming into
           | effect. "whois privacy" options at registrars were starting
           | to take off but at least those still had the email to
           | contact. Now it's nothing.
        
         | das_keyboard wrote:
         | I for one like it to be able to post stuff on my website
         | without the risk of someone sending me pizza or swat teams to
         | my home address...
        
       | rvz wrote:
       | The EU is a great example of a spineless paper tiger to Big Tech
       | and is the reason why AI startups run to the US.
       | 
       | Promoting degrowth is the best way to lose the race and the EU
       | have finally admitted that they got it completely wrong.
        
       | legitster wrote:
       | Let me steelman the new proposal a little bit:
       | 
       | You run a merch store. You want to share with your suppliers
       | order data so that you can get the right number of
       | sizes/colors/etc. Is this PII under GDPR rules? Technically, yes!
       | Not only is there information on gender, but also people's height
       | and weight and maybe even family makeup. Does it make sense to
       | call this data sub-processing? Eh? Maybe? (To my knowledge, I
       | don't know if any examples like this actually caught any
       | enforcement.)
       | 
       | Under the new proposal, sharing this data is okay, so long as you
       | use pseudo-anonymous identifiers (customer-1234, customer-1235).
       | You still can't share sensitive identifiers (name, address,
       | email, login, etc).
       | 
       | Obviously the elephant in the room is AI and training data. But
       | this also simplifies a lot of the ticky-tacky areas in GDPR where
       | PII rules are opaque and not-consistently enforced anyway.
        
         | tavavex wrote:
         | > You run a merch store. You want to share with your suppliers
         | order data so that you can get the right number of
         | sizes/colors/etc. Is this PII under GDPR rules? Technically,
         | yes! Not only is there information on gender, but also people's
         | height and weight and maybe even family makeup.
         | 
         | That seems like a very long stretch. First of all, why assume
         | that clothes sizes constitute PII at all? The store never asks
         | me for my height, weight or family relations. It asks me what
         | item variants I'd like to order. Even if the item size happens
         | to match me, there's no telling that I'm ordering it for
         | myself. They're just fulfilling an order that's built to my
         | request, not collecting my biometrics. It would have to be an
         | insane world in which "Supplier, send me 20x unisex medium
         | sizes with XYZ illustration" is considered a breach of privacy.
         | Each time the GDPR comes up, there are so many hypotheticals
         | that never happened (and likely can't happen) in the real
         | world, when the much simpler line of reasoning is that privacy
         | regulation is digging too much into the profit motive of
         | corporations and the US at large, so the sore thumb that is the
         | EU needs to be pushed back in line in their minds.
         | 
         | Tracking and ad companies don't need your real name or email to
         | track you across the internet. And even if they did want that,
         | with a large enough corpus of data, a social media company can
         | probably deduce who most people are anyway based on their
         | behavior even if they're technically marked with an "anonymous
         | identifier". Letting business identify you in any way and trade
         | that "anonymized" data back and forth will effectively be a
         | reversal to full tracking.
        
         | l-one-lone wrote:
         | I think you don't understand the GDPR. The GDPR does not
         | disallow the processing of personal data, nor does it disallow
         | the sharing of personal data with suppliers or other entities
         | in the supply chain. For example, if you run a merch store,
         | it's perfectly OK to share the buyer's address with DHL or
         | whoever does the shipping.
         | 
         | What the GDPR requires is that the user is informed about the
         | processing and the suppliers used, and in some cases, provides
         | consent to the processing.
         | 
         | The new proposal which suggests that pseudonymized data is not
         | always PII is a different thing. It actually opens the door to
         | a lot of new problems in my opinion. For example, with this new
         | interpretation, big tech might question whether IP addresses
         | are still personal data (which is something EU top courts had
         | previously established)? What about cryptographically hashed
         | values of your social security number (easy to break)?
        
         | gcbirzan wrote:
         | > You run a merch store. You want to share with your suppliers
         | order data so that you can get the right number of
         | sizes/colors/etc. Is this PII under GDPR rules? Technically,
         | yes!
         | 
         | Not at all. Your shirt size is not PII. Given this information,
         | you couldn't be identified.
         | 
         | > Under the new proposal, sharing this data is okay, so long as
         | you use pseudo-anonymous identifiers (customer-1234,
         | customer-1235).
         | 
         | This was okay even before. Given this information (and your
         | shirt size), you couldn't be identified.
        
       | nonethewiser wrote:
       | >One change that's likely to please almost everyone is a
       | reduction in Europe's ubiquitous cookie banners and pop-ups.
       | Under the new proposal, some "non-risk" cookies won't trigger
       | pop-ups at all, and users would be able to control others from
       | central browser controls that apply to websites broadly.
       | 
       | Wait, what? So they are now mandating browsers implement this?
       | Also, something bothers me about the conflation of regulators
       | changing the regulation (accurate) with regulators changing the
       | thing that resulted from the previous version of the regulation
       | (inaccurate). They arent getting rid of the cookie banners. They
       | are changing the underlying rules that gave rise to them. It
       | remains to be seen what the effects of the new rules will be.
        
       | zrn900 wrote:
       | While this is being done to boost corporations, it also must be
       | said that GDPR just did not work. It became impossible due to
       | constant reinterpretations and decisions of the Eu courts over
       | time. Big corps just violate it by counting the eventual fines as
       | a cost of doing business. Small corps and individuals get
       | shafted. It ended up like the 'regulatory moat building' that so
       | frequently happens in the US.
        
       | nonethewiser wrote:
       | If the EU passed GDPR despite knowing it would be offensive to
       | the US and big tech, why would they now care that it's offensive
       | to the US and big tech?
       | 
       | The article claims this is because of big tech and Donald Trump.
       | It just states that they have applied pressure. I would love to
       | see more information on how those forces specifically are
       | precipitating the change.
       | 
       | Meanwhile the EU commission claims that this is for the benefit
       | the European tech sector.
       | 
       | >our companies, especially our start-ups and small businesses,
       | are often held back by layers of rigid rules
       | 
       | The latter seems like the more obvious explanation and what
       | critics said about GDPR all along.
        
       | saubeidl wrote:
       | Shameful decision, caving to foreign capital interests.
       | 
       | Do better, EU.
        
       | Manfred wrote:
       | In comparison with healthcare information systems the GDPR is
       | really not that hard to follow. You can get guides for business
       | owners which can be read and understood in under an hour.
       | 
       | If you design your system according to the guidelines you usually
       | end up with a product where it's easier to service your customer
       | (eg. with full account exports). Deleting inactive accounts is
       | great because it means less migration headaches in the future.
       | 
       | This is also why our privacy statement starts with "We [...]
       | don't really want your personal data."
        
         | bcye wrote:
         | Can you point to any of these guides?
        
           | Manfred wrote:
           | In our case we were working on a Dutch project so we used
           | this; AVG is the GDPR implementation for the Netherlands:
           | 
           | https://ictrecht.shop/en/products/handboek-avg-compliance-
           | in...
        
       | cess11 wrote:
       | It would have been nice if we instead had actually enforced these
       | rules and given the world an alternative digital regime. I
       | suspect it would eventually seem quite attractive to most.
       | 
       | "Well, you can say what you like but it doesn't change anything
       | 'Cause the corridors of power, they're an ocean away"
       | 
       | https://www.youtube.com/watch?v=Xpo2-nVc27I
        
       | jmclnx wrote:
       | That is too bad, I had hope in this case regular people would win
       | and get privacy we deserve. But as always big money wins, it just
       | takes time.
        
       | ultra_nick wrote:
       | It's crazy how many adults think regulation is free, especially
       | here. All consuming vague regulations like GDPR increase the cost
       | of a startup by 500%. Europe should have just banned startups
       | entirely. It would have the same effect.
       | 
       | Imagine being a college student with 240 hours and $1,000 to
       | release an MVP over the summer. How long would it take to read
       | GDPR yourself, 100 hours? How much would it cost to hire a lawyer
       | verify that your startup meets GDPR guidelines, $5,000? It would
       | be almost impossible for any young person to start a business.
       | GDPR was obviously a failure from the start. Anyone who couldn't
       | see that has a child's understanding of business. Grow up.
        
         | Ylpertnodi wrote:
         | > All consuming vague regulations like GDPR increase the cost
         | of a startup by 500%.
         | 
         | Source?
        
           | omnimus wrote:
           | I would say it's a lot more than 500%. If your business is
           | based on doing things that are illegal under GDPR then the
           | cost of doing that startup is close to infinite. But that's
           | kinda the point of GDPR.
        
             | Telaneo wrote:
             | This. Sure, it's X% more difficult to do Y in Europe,
             | because Europe doesn't want you to do Y, either at all, or
             | unless you clean up after yourself so the costs aren't just
             | eaten up by the environment or whatever, or unless you do
             | it without causing harm. That's not a problem. That's the
             | system working as intended.
             | 
             | Sure, Europe doesn't have it's own Microsoft, probably
             | because of regulations like this, but I don't want Europe
             | to have its own Microsoft, because Microsoft, for the most
             | part, _sucks_.
        
               | aerhardt wrote:
               | > That's not a problem. That's the system working as
               | intended.
               | 
               | You really think that supra-national legislators
               | regulating the fine-print of unfathomably complex systems
               | manage to have everything working "as intended"?
               | 
               | Why do Draghi or the EC want to roll back this mess then,
               | other than the evident loss of competitiveness respective
               | of the blocs who did not do this? Was _that_ intended or
               | foreseen?
        
               | Telaneo wrote:
               | > You really think that supra-national legislators
               | regulating the fine-print of unfathomably complex systems
               | manage to have everything working "as intended"?
               | 
               | For values of, yes. Things obviously aren't perfect, but
               | I at-least generally prefer them over their proposed
               | alternatives. I find they have made things better.
               | 
               | > Why do Draghi or the EC want to roll back this mess
               | then, other than the evident loss of competitiveness
               | respective of the blocs who did not do this? Was that
               | intended or foreseen?
               | 
               | From the article:
               | 
               | > Under intense pressure from industry and the US
               | government,
               | 
               | I think that says what needs to be said. And my opinion
               | is that they shouldn't yield to US government and
               | industry interests, since they clearly aren't the same as
               | European interests.
        
               | omnimus wrote:
               | I think what they mean is that what EU in general kinda
               | knows that for various they won't be able to make their
               | version of money machine big tech. So why not to try
               | different path? The individual laws will always be flawed
               | because there is huge pressure to make them flawed by
               | corps and lobby that want's to exploit them.
               | 
               | But if you ask anyone in europe on the street they have
               | no sympathy for big tech. If anything they want stronger
               | GDPR and more of it.
        
       | tonyhart7 wrote:
       | Europe learn the hard way that you cant have a cake and eat it
       | too
        
         | 1970-01-01 wrote:
         | EU citizens: WE DEMAND XYZ PROTECTIONS
         | 
         | EU: WE SHALL BUILD XYZ FOR EVERYONE
         | 
         | (years pass)
         | 
         | EU citizens: WE HATE XYZ PROTECTIONS
        
       | zrn900 wrote:
       | From Europe, I agree with big tech getting it. But i dont agree
       | with random flower shop somewhere getting fined because they dont
       | know how to deal with a f _cking complicated, ever-changing law
       | that is designed for megacorps who have the cash to just keep
       | paying the fine and abusing everyone. I also dont agree with
       | dealing with f_ cking cookie banners on every other website
       | either.
       | 
       | The law got SO convoluted over 9 years of interpretation by the
       | European courts that its now impossible to be 100% compliant. It
       | now requires you to give an easy 'Accept' button to accept the
       | listed cookies at the first pop up, but penalizes you if the user
       | actually uses it to accept cookies because the user has to
       | manually go through all the listed cookies and approve them by
       | hand one by one.
       | 
       | So:
       | 
       | - If you dont provide the easy 'accept' button, you are in
       | violation.
       | 
       | - If you do and the user actually clicks it, you are still in
       | violation because you didnt make the user approve each cookie one
       | by one
       | 
       | - If you give a list of cookies to the users and force the user
       | to manually approve what he wants in the first pop up, you are
       | still in violation because its not easy and your easy 'Accept'
       | button is meaningless as a result
       | 
       | And this is just one of its contradictions. The more you dive,
       | the more convoluted it gets. Its a sh*tty law that got more
       | complicated over time and only helped megacorps.
       | 
       | People need to understand that the early days of the Pirate Party
       | are gone and the current crop of tech-savvy politicians that
       | remain from those days are those who made a career out of it. And
       | like every politician who made a career out of something, the
       | only way for those politicians to keep getting elected is by
       | doing 'more' of what they have been doing. So they just keep
       | bloating tech regulation to keep their career, making it
       | difficult for everyone but the large corporations. It must also
       | be noted that some of them sold out and are basically the tech
       | lobbies' henchmen, pushing for American-style legislation to
       | build regulatory moats for big corporations.
        
       | HardCodedBias wrote:
       | @complaintvc on X has been doing amazing work in this area.
       | 
       | The EU, especially the EU post 2008, seems to be infatuated with
       | regulation it has likely bitten them with their lackluster GDP
       | growth and their very lackluster AI developments.
       | 
       | I suspect that this is too little too late, and more importantly
       | I highly doubt it signals a shift in the biases/incentives of the
       | EU regulators. The second the scrutiny is off of them they will
       | go back to their ways. It is their nature.
       | 
       | (I look forward to the loss of karma. I hope that the link to
       | @complaintvc at least makes a few people chuckle).
        
       | zrn900 wrote:
       | While they are at it, the EU should also correct another sh*tty
       | law: The Digital 'Resilience' Act (or whatever it was) that holds
       | the Open Source developers responsible for unlimited fines for
       | security issues in their projects.
       | 
       | The Open Source community fought it, and thought that it won a
       | concession, but it really was not a concession: The Eu commission
       | will 'interpret' the law. So it will be interpreted politically -
       | or worse, lobby-driven - with every other Eu commission that
       | takes office.
       | 
       | The law does not allow you to make any kind of income from your
       | open source project in ANY way, and basically forces you to be
       | free labor for megacorps. Charging for support? Responsible for
       | fines that can go up to millions of Euros. Charging for
       | 'downloads'. Same. Licenses? Same.
       | 
       | It looks like this was another law pushed by Eu big software
       | lobbies: Cripple any small player that may be a competitor by
       | building a moat against small players and those pesky Open Source
       | startups that may challenge your online service, but still keep
       | Open Source developers as the free labor for your company's
       | infrastructure.
       | 
       | The tech legislation landscape in the Eu has been co-opted by Eu
       | megacorps. Like I said in another comment, we arent in the early
       | days of the Pirate Party anymore. Now career politicians and
       | sold-out lobbyists make laws to protect megacorps. Therefore Im
       | against any new tech legislation from the Eu, despite having been
       | an early Pirate Party advocate back when even using the word
       | 'pirate' put you in legal trouble.
        
         | xvector wrote:
         | Big players don't want this either, we rely on open source
         | software and frequently contribute back
         | 
         | This is just another dumb EU reg that hurts everyone
        
       | loloquwowndueo wrote:
       | Does this mean fewer less-annoying cookie pop ups?
        
       | seydor wrote:
       | Too late , and it's not just because of the regulations but the
       | whole mentality. This will probably lead to a series of
       | committees about how to scale back the laws which will create new
       | rules which will be put in place, and then the career eurocrats
       | will move on to their next job, without anyone ever being held
       | accountable for the mistakes of the past. Without such
       | accountability every regulation will be excessive, even the
       | scaling-back regulation. Such a process oriented, and feels-over-
       | reals environment is not attractive to competitive business
        
         | filoleg wrote:
         | > This will probably lead to a series of committees about how
         | to scale back the laws [...]
         | 
         | > [...] which will create new rules which will be put in place
         | [...]
         | 
         | > [...] and then the career eurocrats will move on to their
         | next job, without anyone ever being held accountable for the
         | mistakes of the past
         | 
         | As intended by design.
         | 
         | I don't think there is some grand conspiracy or anything like
         | that in the EU government around this, but it is clear where
         | their priorities are. With those priorities being:
         | 
         | 1. Perpetual rule of bureaucracy that exists for the sake of
         | bureaucracy, with the best outcome of it being creation of even
         | more bureaucracy. Anything of actual usefulness being done is
         | just a side effect, not the goal. Bonus: this principle ensures
         | perpetual job security for those career bureaucrats as well
         | (and it helps with creating even more of them), as you can
         | never have one too many committees or processes.
         | 
         | 2. Hyperfocus on things that actually need to get done to
         | consolidate power needed to ensure staying power for those
         | bureaucrats and that the previous priority is not encroached
         | upon. Case in point: an HN post[0] from yesterday about the EU
         | pushing forward another new Chat Control proposal, shortly
         | after their previous one failed earlier this year. For the EU
         | governing bodies being stereotyped as ineffectual and too
         | bogged down by their own bureaucracy, they surely are really
         | efficient when it comes to repeatedly pushing publicly
         | unpopular (but seemingly popular among the EU government
         | bureaucrats) measures like Chat Control so quickly after their
         | previous attempt had failed.
         | 
         | 0. https://news.ycombinator.com/item?id=45970663
        
       | rckt wrote:
       | I get that too many regulations is a bad thing. But when we talk
       | privacy and personal data there should be no gray zone. It has to
       | be black and white. When I see a stupid cookie banner I search
       | for "Reject all". There's no some data that companies can collect
       | and process without my consent, they just shouldn't be able to
       | collect anything without me actively opting in. Business never
       | respects anything, but profits. Seeing news about relaxing these
       | laws with the "AI" going after this leaves a bitter taste. And
       | with them also trying to push the Chat Control thing, it gets
       | even worse.
        
         | betaby wrote:
         | That cookie thing should a browser's default.
        
           | Fargren wrote:
           | That would be fine, if there was a law that forced every
           | browser to have this setting and every company to respect the
           | setting.
        
             | bryanrasmussen wrote:
             | arguably if there was a browser setting for this the
             | current GDPR would require you to respect that setting. But
             | that's arguably, it would still need to adjudicated.
        
               | 1718627440 wrote:
               | The browser setting already exists (DNT), so I don't know
               | what you want to conlude.
        
           | Someone wrote:
           | FTA: _"Under the new proposal, some "non-risk" cookies won't
           | trigger pop-ups at all, and users would be able to control
           | others from central browser controls that apply to websites
           | broadly."_
        
           | mmooss wrote:
           | Like Do Not Track?
        
         | tsoukase wrote:
         | Using an Ad blocker I feel regret for stealing the site's
         | revenue. So I allow them to collect my personal data. Anyways,
         | I think most of them will not respect my rejection.
        
           | zelphirkalt wrote:
           | A site that cannot exist without collecting not needed
           | personal data and without selling out its visitors, has no
           | justification of continuing to exist. Don't let them guilt-
           | trip you.
        
             | tonyhart7 wrote:
             | that just shallow and one sided argument that never respect
             | another side of coin
        
             | user34283 wrote:
             | Do you think anyone cares in the slightest about your
             | 'personal data'?
             | 
             | It's garbage and no one would waste energy for it, if it
             | weren't for the ability to serve more effective
             | advertisements.
             | 
             | If I'm going to offer an application monetized with Ads,
             | I'm going to use a big ad network like Google which
             | requires cookies to personalize the ads and prevent fraud.
             | I could not care less about collecting your personal data.
             | 
             | And that's probably the same for 99% of websites.
        
               | s1mplicissimus wrote:
               | > It's garbage and no one would waste energy for it, if
               | it weren't for the ability to serve more effective
               | advertisements.
               | 
               | Advertisements, among other things, for political views,
               | influencing voter behavior. Which lots of interest groups
               | care about
        
               | zelphirkalt wrote:
               | Well, without any personal data, FB/Meta and Google would
               | have nothing. Their whole business model is selling the
               | idea, that they are able to advertise better, due to them
               | knowing things about people and their preferences or
               | interests.
               | 
               | Obviously you need to consider what happens in the large.
        
           | Telaneo wrote:
           | They should feel ashamed for collecting your personal data in
           | the first place.
        
         | zelphirkalt wrote:
         | Yep, it is exactly what the EU shouldn't do. This will actually
         | further disadvantage EU companies, when US companies are left
         | to run rampant. It also will take away any "made in EU"
         | advantage that EU-local companies had over US competition. GDPR
         | was exactly the right step. In fact it was not enforced
         | strictly enough and should have been enforced much stricter,
         | punishing all the shady businesses which employed dark pattern
         | to extract personal data from citizen.
        
         | impulser_ wrote:
         | Yeah, but a lot of the rules around privacy and personal data
         | make it hard to accept business from Europeans. If you are a
         | small business or startup you might not even accept business
         | from Europeans because navigating these rules are almost
         | impossible.
        
           | Etheryte wrote:
           | I'm not sure how this makes sense. Functionally the rules are
           | the same across the entire bloc and it's pretty
           | straightforward: unless you have a legitimate reason to store
           | the data, you need to ask for consent and the consent must be
           | free. I want to make more money is not a legitimate reason. I
           | have a legal requirement to fight financial fraud is a
           | legitimate reason. Obviously the reality is more nuanced, but
           | understanding this basic idea gets you there 95% of the way.
        
         | energy123 wrote:
         | I've stopped thinking of regulations as a single dial, where
         | more regulations is bad or less regulations is bad. It entirely
         | depends on what is being regulated and how. Some areas need
         | more regulations, some areas need less. Some areas need altered
         | regulation. Some areas have just the right regulations. Most
         | regulations can be improved, some more than others.
        
           | l5870uoo9y wrote:
           | I disagree with this otherwise seemingly reasonable position.
           | Draghi's latest report pointed out that overregulation is a
           | major problem in the EU and costs EU companies the equivalent
           | of a 50% tariff (if I remember correctly). Of course,
           | Draghi's report has led to nothing more than a few headlines.
        
             | wizzwizz4 wrote:
             | That 50% figure seems extremely dubious. I'd expect either
             | methodological failures, or a definition of "costs" that I
             | disagree with (e.g. fair-competition regulations preventing
             | price-hikes, "costing" EU companies the profit they could
             | obtain from a cartel). However, skimming the report (https:
             | //commission.europa.eu/topics/competitiveness/draghi-r...),
             | I can't find the 50% figure.
        
               | l5870uoo9y wrote:
               | > Mario Draghi has argued that the EU's internal
               | barriers, which are equivalent to a high tariff rate,
               | cost more than external tariffs. He has cited IMF
               | estimates that show these internal barriers are
               | equivalent to a \\(45\%\\) tariff on manufactured goods
               | and a \\(110\%\\) tariff on services. These internal
               | market restrictions, which include regulatory hurdles and
               | bureaucracy, hinder cross-border competition and have a
               | significant negative impact on the EU's economy.
               | 
               | Source: https://iep.unibocconi.eu/europes-internal-
               | tariffs-why-imfs-...
        
               | palata wrote:
               | Sure, someone argues something. Who knows if it's right
               | or wrong? It's not a hard science.
               | 
               | How do you estimate the cost of regulations on
               | businesses? You ask businesses. Businesses have
               | absolutely zero incentive to say that regulations are not
               | bad. "Just in case", they will say it hurts them.
               | 
               | That is, until there is a de facto monopoly and they
               | can't compete anymore, and at that point they start
               | lobbying like crazy for... more regulations. Look at the
               | drone industry: a chinese company, DJI, is light-years
               | ahead of everybody else. What have _US drone companies_
               | been doing in the last 5+ years? _Begging_ for
               | regulations.
               | 
               | All that to say, it is pretty clear that no regulations
               | is bad, and infinitely many regulations is bad. Now
               | what's _extremely difficult_ is to know what amount of
               | regulation is good. And even that is simplistic: it 's
               | not about an amount of regulation, it depends on each
               | one. The cookie hell is not a problem of regulations,
               | it's a problem of businesses being arseholes. They know
               | it sucks, they know they don't do anything with those
               | cookies, but they still decide that their website will
               | start with a goddamn cookie popup because... well because
               | the sum of all those good humans working in those
               | businesses results in businesses that are, themselves,
               | big arseholes.
        
               | wizzwizz4 wrote:
               | That article _does_ contain the correct answer, so thank
               | you very much for finding it, although the passage you
               | 've quoted is ChatGPT gibberish not in the source given.
               | 
               | Per https://iep.unibocconi.eu/europes-internal-tariffs-
               | why-imfs-..., the model treats shopping local as evidence
               | of the existence of a trade barrier, as opposed to a
               | rational preference based on cultural and environmental
               | considerations. This is why the numbers are ridiculously
               | high. (Is there a 120% implicit tariff for textiles? Or
               | do people just prefer warm clothes in the north and
               | breezy clothes in the Mediterranean?)
        
             | gessha wrote:
             | I'm not saying the following regarding Draghi's report or
             | particular regulation in mind:
             | 
             | If an unethical business gets started due to
             | underregulation and it generates revenue and contributes to
             | GDP, is that a good thing?
        
           | pa7ch wrote:
           | The regulation good/bad dichotomy has been very effective
           | reducing the thinking of the constituents of modern neolibs
           | in the US.
           | 
           | On one end we have regulations as part of regulatory capture.
           | Opposite effect of regulations that would help say a small
           | business compete fairly.
        
           | pembrook wrote:
           | Unfortunately politics has become the religion of modernity.
           | 
           | Nuance and sober analysis like you've suggested do not mix
           | well with religious dogma. It's much easier for people to
           | react emotionally to symbols.
           | 
           | For many here, 'GDPR' is a variable that equals 'privacy' in
           | their brain computer. So any criticism of it or its
           | implementation realities, no matter how well argued, will not
           | be met with reasoned response, but instead religious zeal.
        
             | wizzwizz4 wrote:
             | Most criticism of GDPR on HN is a criticism of bad-faith
             | attempts to pretend to comply, many of which are expressly
             | forbidden by the GDPR. It's a well-written, plain English
             | regulation, and I encourage everyone to read it before
             | criticising it. (At the very least, point to the bits of
             | the regulation you disagree with: it should only take
             | around 5 minutes to look up.)
        
           | idrios wrote:
           | Regulations are like lines of code in a software project.
           | They're good if well written, bad if not, and what matters
           | more is how well they fit into the entire solution
        
             | lucketone wrote:
             | And lines of code is like the mass of an airplane.
        
             | samdoesnothing wrote:
             | In general you want as few as possible of both.
        
               | econ wrote:
               | You could also optimize everything for future updates
               | that optimize things even further for even more
               | updates...
               | 
               | Humm.. that was supposed to be a joke but our law making
               | dev team isn't all that productive to put it mildly.
               | Perhaps some of that bloat would be a good thing until we
               | are brave enough to do the full rewrite.
        
               | AceJohnny2 wrote:
               | that's right. This is the reason all my code looks like
               | an entry to PerlGolf. /s
               | 
               | The world's complicated. "Every complex problem has a
               | solution which is simple, direct, and wrong"
               | 
               | Simplicity is a laudable goal, but it's not always the
               | one thing to optimize for.
        
               | lo_zamoyski wrote:
               | Ah, but "simplicity" is not necessarily "fewest lines of
               | code".
               | 
               | Code is first and foremost for human consumption. The
               | compiler's job is to worry about appeasing the machine.
               | 
               | (Of course, that's the normative ideal. In practice, the
               | limits of compilers sometimes requires us to appease the
               | architectural peculiarities of the machine, but this
               | should be seen as an unfortunate deviation and should be
               | documented for human readers when it occurs.)
        
             | gessha wrote:
             | A major difference with regulations is there's no
             | guaranteed executor of those metaphorical lines of code. If
             | the law gets enforced, then yes, but if nobody enforces it,
             | it loses meaning.
        
               | estimator7292 wrote:
               | If the law is code, then law enforcement is a JITter
               | 
               | (joke)
        
         | kronicum2025 wrote:
         | > But when we talk privacy and personal data there should be no
         | gray zone. It has to be black and white.
         | 
         | you are wrong. If one followed your ways, we would never do a
         | lot of things. There are things called regulatory sandboxes for
         | a reason. But those don't really work in fields where the
         | "scale of the data" is the core reason of why things work.
         | 
         | Chat control is stupid.
        
         | shoddydoordesk wrote:
         | Who is the audience your comment is trying to reach? Who are
         | these mysterious "companies"?
         | 
         | It's important to realize companies are made of people.
         | 
         | Someone had to explicitly code the dark pattern in the GDPR
         | cookie dialog. Ever notice the button for "Accept All" is big
         | and shiny, while refusing all is more often than not a
         | cumbersome, multi-click process?
         | 
         | That's not an accident. That was coded by people. People around
         | us, people who post here. I'm sure "made GDPR dialog
         | deceptively confusing" went on someone's accomplishment report
         | that they then used to justify a raise or promotion.
        
           | palata wrote:
           | My theory is that companies are not the sum of their
           | employees. Employees are generally good; toxic humans are a
           | small minority (unfortunately they tend to be over-
           | represented at the head of companies).
           | 
           | But put employees together into a profit-maximisation
           | machine, and the machine will try to maximise profit, with
           | dark patterns and downright evil things.
           | 
           | Similar with our species as a whole: nobody is actively
           | working to break the climate so much that their kids will die
           | long before they reach the age of retirement. But that's what
           | we as a species are doing _together, somehow_. Individually,
           | we don 't want that, but that's not enough.
        
           | s1mplicissimus wrote:
           | Having coded multiple such buttons in the past, I'd like to
           | ask to consider that the person doing the coding is barely
           | the person making the decision. It's hard to reject such a
           | request when your lifelihood depends on the job
        
           | arccy wrote:
           | someone coded it once, everyone else just adds another
           | dependency that fulfills the spec, they don't even have to
           | search for "dark patterns", just "most effective"
        
         | eitau_1 wrote:
         | Most baffling thing is that sometimes you can't opt-out from
         | "always active" stuff that still involve hundreds of
         | "partners"; see: https://news.ycombinator.com/item?id=45844691
        
           | user34283 wrote:
           | Users can opt-out by not using the service or buying an ad-
           | free version if available.
           | 
           | One would think that developers should not be forced to offer
           | for free a version monetized with 60% less effective ads. And
           | I understand currently this is indeed not the case for small
           | developers, they can offer paid ad-free or free but with
           | personalized ads. Large platforms apparently cannot.
        
         | imiric wrote:
         | Do you really think that clicking on any button on cookie
         | consent popups actually does anything? It's just an illusion of
         | choice. The reality is that these sites will still track you,
         | whether that's via cookies or, more commonly today,
         | fingerprinting. When they list thousands of "partners" with
         | "legitimate interest", it's a hint that there's a multi-
         | billion-dollar industry of companies operating behind the
         | scenes that will do whatever it takes to profile and track you,
         | regardless of what you click on a silly form. Regulations like
         | the GDPR don't come close to curtailing this insanity.
        
         | golol wrote:
         | I think I should be able to collect whatever publicly available
         | data I can find.
        
           | rckt wrote:
           | But we are not dealing here with the public data. Stalking
           | people, recording their every step and action so then you can
           | sell their behavioural habits is not collecting public data,
           | it's stalking and invading people's private life.
        
         | yapyap wrote:
         | > I get that too many regulations is a bad thing
         | 
         | Well yeah, cause your sentence relies on itself.
         | 
         | _Too many_ regulations is a bad thing.
         | 
         | But to have a lot of regulations, especially in fields where
         | there is not much to be gained but oh so much being lost in the
         | interest of capital gains like in generative AI, is a blessing
         | rathr than a curse.
        
         | renegade-otter wrote:
         | Europe has much more fatal startup-killing regulation problems
         | than cookies, however. Who cares about cookies? I am on your
         | site, you are going to plant/collect cookies. These goddamned
         | banners are a solution in search of a problem, and it's yet
         | another hurdle a company of, say, 3 has to go through, for very
         | little reason.
        
           | thfuran wrote:
           | The banner isn't required. They could just not do the things
           | the banner would ask consent for.
        
         | nine_k wrote:
         | _More regulation_ , or stronger regulation, as in less wiggle
         | room for businesses, may be a good thing. Case in point: a
         | regulation requiring to disclose the ingredients of food.
         | 
         |  _Too many regulations_ is almost always a bad thing: numerous
         | pieces of regulation rarely fit together seamlessly. It becomes
         | easier to miss some obscure piece, or to encounter a
         | contradiction, or to find a loophole. The cost of compliance
         | also grows, and that disproportionately favors big established
         | players.
        
           | samdoesnothing wrote:
           | I think this is an excellent point. _More_ is almost always
           | worse, but if there is a genuine need for regulation it
           | should be absolute.
        
         | lo_zamoyski wrote:
         | The trouble is that everyone else is pursuing tech unhindered
         | by such regulations at breakneck speed, and Europeans realize
         | that Europe - once the center of science and technology - is
         | increasingly sliding into a backwater in this space and an open
         | air museum.
         | 
         | Now, some will agree with you and say that privacy should never
         | be violated, but nonetheless accept a certain measure of
         | tolerance toward that kind of violation, because they see rigid
         | intolerance as causing more harm than the violation of privacy
         | itself is causing [0]. This harm is chiefly the economic harm
         | caused by the burden of regulation and the roadblocks it
         | introduces.
         | 
         | Perhaps this isn't true, but if it is, then moral offense is
         | likely to have little effect. A more effective means might be
         | the make following regulations cheaper. Of course, as we know,
         | when you make something cheaper, you increase demand. This
         | means that EU institutions would likely see this as an
         | opportunity to increase regulation, nullifying the gains of
         | introducing less costly ways to adhere to regulation.
         | 
         | [0] This reminds me of Aquinas's view of prostitution.
         | Naturally, Aquinas saw prostitution as a grave, intrinsic evil.
         | No one is ever justified in soliciting the services of a
         | prostitute, much less of being a prostitute. That's the moral
         | stance; it concerns our personal moral obligations. However,
         | from the position of the _state_ and how the state should
         | police such activity through law, Aquinas saw the
         | criminalization of prostitution, however good in principle it
         | might be, as a policy that would be practically worse - even
         | disastrously so - than law and policy that is permissive toward
         | prostitution. Whether you agree or disagree with him, the
         | principle holds, namely, that the state not only does not need
         | to police every bit of immorality, but by doing so, may
         | actually contribute to the destabilization of society and to an
         | even worse condition than the one it is saddled with.
        
         | wat10000 wrote:
         | They should have gone farther. Don't require the user's
         | permission for non-essential tracking cookies. Just ban them
         | outright. No opt in, no opt out, it's just straight-up illegal
         | to track people unless they're actively using a signed in
         | account.
        
       | asdfwaafsfw wrote:
       | But that extra click to read any webpage was keeping me safe
        
       | johndhi wrote:
       | Protecting users in the bargains we strike with big tech is a
       | worthwhile and noble effort, but privacy law has generally
       | woefully failed to do this.
       | 
       | Millions upon millions have been spent on cookie banners --
       | people are still arguing about them in this thread -- but there
       | is almost zero benefit to this expense.
       | 
       | The main thing that's good about this, IMO, is that fundamentally
       | training a large language model and privacy law as it's written
       | today cannot coexist. They are incompatible. And allowing someone
       | to break the law forever (as is happening today) is not a good
       | long-term solution.
        
         | impossiblefork wrote:
         | I don't see how training an LLM has anything to do with privacy
         | laws.
         | 
         | It is perfectly possible to not train them on personal
         | information, to remove or rewrite names, to remove IP
         | addresses, etc.
        
         | aDyslecticCrow wrote:
         | > Training a large language model and privacy law as it's
         | written today cannot coexist
         | 
         | If they aren't compatible, then the conclusion is abundantly
         | obvious; the LLM has to go, not privacy. Small and questionable
         | economic utility in exchange for a pillar of stable democratic
         | society are NOT negotiable tradeoff.
         | 
         | There is enough data on the internet to train LLMs without
         | breaking a single privacy law. If the economic value of LLMs
         | are as real as the companies like to claim, there is enough
         | data on the internet to train LLMs while paying for proper
         | royalty for every single word.
         | 
         | I don't argue that privacy laws have been perfect. Only a
         | fraction of GDPR seems to actually do much. But bending over
         | backwards because big tech slips a few dollars in the pocket of
         | Brussels is NOT the reason we should revise those laws.
        
       | lenerdenator wrote:
       | I'm sure capitulation will teach the surveillance racket a strong
       | lesson.
       | 
       | Hold the line. Don't make the same mistake we did in the US. Your
       | data is _your_ data.
        
       | oezi wrote:
       | Anonymization unfortunately is completely broken under GDPR. In
       | principle it providesa clean path for personal data to become
       | usable outside of the restrictions of GDPR, but in practice it
       | turns out to be impossible based on current definitions.
       | 
       | The key issue is that anonymization under GDPR requires that a
       | link to a real person can never be re-established even
       | considering the person doing the anonymization. Consider a
       | clincial study on 100 patients and their some diagnostic
       | parameter such as creatinine or H1bc which was legally collected
       | using consent and everything. Lets assume we would like to share
       | only the 100 values of the diagnostic without any personal data.
       | It would seem quite anonymous, but GDPR would put a simple test
       | if anybody using reasonable efforts could re-establish an
       | identity. And sure the original researcher can because s/he has a
       | master file containing the mapping. So the data isn't anonymous
       | and actually can never be anonymous.
        
       | MiddleEndian wrote:
       | The GDPR somehow had the power to make (almost) everyone comply
       | with it, even outside of the EU. If only they had specified that
       | instead of banners, companies had to actually respect the Do Not
       | Track header, even if set by default on a browser, and everything
       | that could be rejected would be rejected if that were sent.
        
       | egorfine wrote:
       | It's gonna take a decade to roll down all those cookie banners.
        
       | l5870uoo9y wrote:
       | The fundamental problem in Europe is the perception that
       | companies are inherently ill-intentioned, requiring micro-
       | management through massive bureaucracy. It is a moralising and
       | irresponsible attitude that older people can afford to adopt, but
       | like so many other things, it hits younger generations
       | mercilessly hard.
        
       | varispeed wrote:
       | GDPR was never about privacy, but to legitimise data trade. It
       | was two step process - first train people to Agree to anything by
       | introducing "harmless" Cookie Law, then once people just click
       | Agree to anything, create legal basis for data trade, where it is
       | no longer a grey area as most users give consent. With Chat
       | Controls coming back, never assume EU is doing anything for the
       | benefit of general public. What is particularly bad, is that they
       | are not honest about it, just keep gaslighting.
        
       | Telaneo wrote:
       | Of all the things to yield on, the GDPR really isn't it. The
       | cookie banner problem is one caused by site owners consistently
       | preferring using dark patterns over just not doing the stuff that
       | makes you need a banner. If anything, the EU should have put the
       | hammer down and enforced its regulations on those cookie banners
       | consistently having 'accept all' being the default option and the
       | alternative be more difficult to access.
       | 
       | The central browser controls they mention will hopefully be a
       | more sucessful version of the 'do-not-track' header. An
       | equivalent of that will be fine (although an opt-in version would
       | be better), but it still needs to have legal enforcement behind
       | it to work, which the old one didn't, and the cookie banners
       | aren't feeling.
        
         | peterspath wrote:
         | They should do it on OS level instead of browser level, apps
         | also do tracking, and collecting data. One question when you
         | first boot up your device. One switch in settings.
        
         | ngruhn wrote:
         | What's the point of the choice in the first place. People
         | either don't want cookies or they don't care. Nobody wants
         | them. If both options are accessible enough, people always
         | press decline. The EU should just make non essential use
         | illegale.
        
           | Telaneo wrote:
           | I'd love for them to be made illegal, but I imagine certain
           | groups of people wouldn't take kindly to that, so we need to
           | do the dance and have people be tracked under nominal
           | consent.
        
       | moss_dog wrote:
       | I wish there was a link to the source of this information in the
       | article! I'd like to read the updated version of these laws (if
       | they're public).
        
       | imiric wrote:
       | Well, that's a bummer.
       | 
       | Despite the sentiment on this forum that EU regulations are
       | hindering tech progress, Europe is one of the few places in the
       | world that actually tries to keep tech companies on a leash. We
       | need much more of that, not less. The GDPR and the AI Act are far
       | too weak, IMO. We've seen that fines when companies step out of
       | line are simply the cost of doing business for them. Tech
       | oligarchs should be getting jail time for every infraction
       | instead.
       | 
       | I'm not too concerned for myself, since I don't trust any of
       | these companies with my data anyway. But this is bad news for the
       | majority of people who aren't tech savvy, or simply have "nothing
       | to hide".
       | 
       | We know what happens when we let CEOs run a country. The last
       | thing Europe needs is to follow USA's lead.
        
       | constantcrying wrote:
       | The changes to the GDPR are completely irrelevant compared to
       | what the EU is planning with chat control.
       | 
       | The Commission is completely out of control, pushing through (or
       | at least trying to) vast amounts of awful legislation, while the
       | democratic processes are totally failing.
       | 
       | What this bloc desperately needs is leadership, which represents
       | collective economic interests on a global stage, not some more
       | pieces of legislation trying to control the Internet or putting
       | the entirety of EU citizens under suspicion of raping children.
        
       | palata wrote:
       | I don't get why people conclude from the cookie hell that
       | "regulations are bad". If those goddamn websites got actual fines
       | for those dark patterns, they wouldn't do it. The EU should just
       | be stricter with the regulations.
        
         | IMTDb wrote:
         | I m not sure I follow your logic; are you saying that the
         | regulation is not that bad because you are not fined enough if
         | you don't follow it ? Some of us just follow regulations
         | because it's the law - regardless of the fine. I feel like we
         | should be allowed to express our opinion about their merits or
         | shortcomings without considering the penalty aspect which is an
         | entirely separate conversation.
        
           | strken wrote:
           | I believe the point was the exact opposite: the regulation
           | isn't enforced, which creates these absurd opt-out dialogue
           | trees. If it were to be enforced fully, then anyone without a
           | "reject all" button would be slapped with fines. Maybe even
           | anyone who doesn't abide by the do not track/global privacy
           | control headers.
        
         | prolly97 wrote:
         | I don't want an internet designed by lawyers and politicians.
         | And I'm afraid that's what this level of regulation and
         | enforcement would create.
        
           | pnt12 wrote:
           | Any website can have a button to reject all cookies. Or if
           | you use only functional cookies, you don't even need it!
           | Websites could come together to make it a standard and enable
           | a browser option to avoid bugging you.
           | 
           | Guess what: they didn't want that, and some prefer to make
           | cookie banners which are really obnoxious.
           | 
           | I'm all up for incentives for better websites, and penalties
           | for shit ones.
        
       | omnimus wrote:
       | People here act as if GDPR was some kind of big reason why all
       | the digital tech is from US. But come on it's not like the game
       | hasn't been rigged forever. To be more specific it's been part of
       | the deal with europe being close US ally. None of the european
       | digital tech is ever supposed to be relevant. And in case some
       | european digital tech is relevant it has to be absorbed by US or
       | at least made to look irrelevant so nobody sees or cares about
       | it.
       | 
       | If anything this recent lobby and political pressure to remove
       | GDPR/AI laws is there to help US in time when it needs it. To
       | allow some US big tech software to sweep in exploit what they can
       | and help to keep the line up as much as possible.
       | 
       | But if you really look at digital tech in europe... it's doing
       | fine. Why? Because making software and compute is cheaper every
       | year to a point of nothing. It's hard keep insane growth in that
       | environment. Sure if you make some unique breakthrough (like AGI)
       | then tech keep going again. But what if not? Then you just have
       | to squeeze everyone more including your allies, especially your
       | allies.
        
       | azalemeth wrote:
       | It's perhaps worth linking to the official EC page on this
       | proposal: https://digital-strategy.ec.europa.eu/en/faqs/digital-
       | packag...
        
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