Love the sentiment, curious about implementation.
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Simple:
- make "no" the default answer when asking
- massive fine, in the order of 50% of total revenue, the first time you get caught to be paid before the eventual appeal, which if lost raise the fine by 50%. If not paid in 90 days, the CEO goes to jail until it is paid. From now on for 2 years the company must show that it follow the law.
- mandatory jail time for the CEO the second time you get caught with no option for parole or any other alternative sentence like a fine or whatever.
Or any other solution where the eventual punishment cannot be considered just business cost.
I know, almost impossible... :-(
Sounds like a plan from someone that has never been lobbied by the advertising industry. Many billions are at stake here. Not many governments can withstand the kind of lobby power this money can buy.
Would be great to see more crackdown on this though. Random companies are collecting tons of data on people via default opt-in methods.
The crazy thing (to me) is that governments can still get all of those billions without the undue influence. Instead of bribes, they can charge fines, taxes, fees for regulatory inspections, etc. When you write the law, you don't have to just shrug when things are obviously broken.
Not crazy (to me). Charging taxes doesn't make you likely to get re-elected. Taking money from lobbyists and giving them what they want does.
- Please. Need this. Thanks
- Would this work in any court of law?
- I’ve learned recently while the CEO has a lot of control, they are not ultimately in control. The executive board is. Everyone on the board should be jailed and barred from starting a business for 25 years or the length of the sentence, whichever is greater
- 'No' is already the default, that's why you get the banners, to trick you into opting in. There are a couple of filters that you can enable in uBlock Origin to get rid of (most of) the banners.
I agree with the sentiment, but that harsh of an enforcement method is overkill, the penalty should be a fine, not jail time, because otherwise it could be abused to an insane extent, and 50% will immediately bankrupt pretty much any company immediately, most well structured businesses could probably sustain fines on the order of 40%, I do like your inclusion of percentage based penalties, but realistically with 2-5% fines, any ceo will be removed from their company after the first or second offense, and the company will bankrupt if they sustain more than a couple fines in a year.
Edit: after doing the math on some actual companies, I believe 2-5% is too low, realistically 5% is the lowest that would actually change business dealings, and 25% will make a company just barely dip into the red. For this reason I think 5-15% should be the goal post.
Then maybe dont do anything illegal???
You have to activly track someone, it doesnt just "happen".
“Oops, we are tracking children” is something that has happened many times in recent years, IIRC. Probally still intentional.
IIRC there were hospitals in the US that violated HIPAA by accident because they used the Meta Pixel to aggregate useful information on their website, but which was also sending more information than they knew to Meta. So, it does “just happen”.
Meta is doing it knowingly though so….
Only an absolute brain dead moron would think using a Meta tracking pixel wasn’t going to exfiltrate information to Meta. Thats the level of negligence with important data that should be punished. If people are scared to collect data, then the correct goal has been achieved.
If the penalty is a fine, then for most it's just the cost of doing business. I agree that the 50% is probably a bit harsh, but executive boards and CEOs must start facing real consequences like jail time or painful fines that make it impossible to just ignore it - so it has to be based of a percentage of revenue at least in the double digits, not profits or a fixed amount.
This is a win for everyone in Europe, and possibly beyond. [Emphasis mine.] Companies may no longer secretly track your behavior based on “consent” given under pressure. Hopefully, this will not only put an end to these dubious practices, but also to those pesky cookie banners.
But we’re not there yet. Regulators have ruled the system illegal, and the court’s ruling has now confirmed it. Still, the companies making billions from this model won’t stop on their own. That’s why European regulators must now truly step up: enforce the law and make sure these companies actually comply.
Regulators try not to get compromised by lobbyists when billions of dollars are at stake.
I sincerely wish you good luck.
Big corpos aren't going to comply and pay a small fine instead. https://proton.me/tech-fines-tracker
Cookies are old news. What about browser fingerprinting which can track you across websites? https://www.amiunique.org/
There's basically no easy way to safeguard against it without making browsing nearly unusable.
Yes! You are unique among the 3874720 fingerprints in our entire dataset.
If the website says that I’m unique in green font, it’s actually bad and should be red, isn’t it ?
Yes.
Happened to me, too. Fuck!
You will have your tor-connected 1024x768 anonymous window and you will like it!
tor-connected
You are unique!
But why unusable, why does a browser have to leak language, window size, time, extensions? Can't those be spoofed?
A lot of those things are also required to render a webpage correctly.
But isn't most of that client-side processing? Can't I request a vanilla generic page and once it is in my browser to process it to shape it into the window size and extensions I want? Even if it is an adblocker: serve me the ad, I'll block it internally. But I suppose that for dynamic pages with js requests this would become hard to do.
Yeah it's Javascript that's the issue that can just take all this data in the client and send it wherever. And that's exactly what's happening.
GDPR is regarding personal data, which includes cookies as well as any other fingerprinting. Even though browser fingerprinting does not persist any data on a device itself, explicit consent must be gathered before it's used for processing (i.e. tracking) purposes.
Yeah I’ll need the detailed judgment of this one before considering it a massive win. Consent has always been something that needs to be done willingly and freely. The issue is forcing the whole industry to give a shit about the principle. Maybe IAB will have to shift its practices but I haven’t had any panicked calls yet so I assume this isn’t systemic.
This needs to be worldwide.
And... PURGE ALL USER INFORMATION!
I don't care for those 'but what about those people planning/planned crimes?' The one thing I learned from the current Trump administration is that the information is so fucking ripe for abuse AND they don't even catch enough actual crooks that letting a few legit bad people slip through isn't going to bother me.
wow i didn't know belgium was based. I guess i was wrong when i thought they peaked with french fries
Idk, their waffles and chocolates are pretty good too.
Random side note: how is Belgium to live in and what would it look like to live there right now? Asking for a friend.
Edit: thanks for al the information. I'll move onto learning more about the country and it's people's history.
We have better access to healthcare than France, generally good work-life balance, access to education is cheap (1000 eur for one year at a good university ). People are welcoming but also reserved. It’s raining a lot and we spend a lot of time complaining about it.
how is Belgium to live in and what would it look like to live there right now?
It's literally between France, Germany and the Netherlands, I mean geographically yes but roughly culturally too. Arguably Brussels is a mix of all that and other cities again match where they are.
So... it's a Western European country with good quality of life ~~despite~~ thanks to having one of the very highest taxes rate. You don't have to be a socialist to be here but if you want to become a rich entrepreneur it's going to be challenging.
Source : immigrated there from France ~10 years ago.
Edit: s/despite/thanks to/
it's a Western European country with good quality of life despite having one of the very highest taxes rate.
"Despite"? Try, "because"
I think you can reap the benefits from just using a VPN and set the country to Belgium?
Depends on how many sites comply, most will likely block Belgian IP’s due to this.
but but but how are the corporations supposed to make money off of our data if they can't harvest it? Think of the poor corporations!!
Even if idiots with enough money stay unleashed this is great news. One step at a time. Thanks for sharing!
And then the EU introduces the worst spying law in history.
Based