- cross-posted to:
- technology@midwest.social
- cross-posted to:
- technology@midwest.social
Google, Microsoft, Amazon, X, and the entire tracking-based advertising industry rely on the “Transparency & Consent Framework” (TCF) to obtain “consent” for data processing. This evening [May 14] the Belgian Court of Appeal ruled that the TCF is illegal. The TCF is live on 80% of the Internet.
The decision arises from enforcement by the Belgian Data Protection Authority, prompted by complainants coordinated by Dr Johnny Ryan, Director of Enforce at the Irish Council for Civil Liberties. The group of complainants are: Dr Johnny Ryan of Enforce, Katarzyna Szymielewicz of the Panoptykon Foundation, Dr Jef Ausloos, Dr Pierre Dewitte, Stichting Bits of Freedom, and Ligue des Droits Humains.
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Sending “Do not track” should automatically mean “only necessary cookies”
Legitimate interest. If its not first party it can fuck off.
Microsoft destroyed any potential for DNT acting as a user choice by enabling it by default in IE. The DNT header was an incredibly weak line of defense anyway. Mozilla implemented a voluntary scheme, …
- either naively thinking that profit-driven corpos would respect user choice despite it being obvious at the time already that UX research had, to a degree, already veered toward exploiting psychological weaknesses of users;
- or alternatively, they simply wanted to protect the profits they generated from putting a Google search field into everyone’s browsers.
Make your pick. It’s not a particularly good look either way, I think.
It was not really a voluntary scheme. According to EU law, you need to have the consent of the user. If the user sends a “do not track me” signal to you, it is kind of obvious to everyone that the user does not want to be tracked. The exception here are advertising companies and judges who did some really, really strange rulings.
But yeah, it was kind of naive. Google is a multibillion dollar company and prints money. There is no way that they would have folded and changed their business model and decreased profits. They control the browser (Chrome), the sites where the ads are placed (YouTube, Search, etc), the operation system (Android) and the whole ad ecosystem (Ads, Doubleclick). No way that those psychopaths in their upper ranks were going to give up billions of dollars in profit due to Mozilla creating DNT
It was not really a voluntary scheme. According to EU law, you need to have the consent of the user.
DNT predates GDPR by a number of years. I am also not aware that DNT became legally binding under GDPR, though maybe I missed that.
Nice EU win, imo. Rampant apocalyptic capitalism has no place here. We are still capitalistic, but with regulation to it. Tech is here to serve the people, not just to fill the elite’s pockets without regards for citizen rights.
These Zuck’s, Musk’s and Bezoes over here trying to be the digital equivalent to your average grocery store sleazebag trying to label horse meat as beef or pork in order to make a higher profit by dishonestly squeezing the consumer to the bone. We have standards and regulations for a reason - to protect consumers.
Cue tech billionaire tantrum about EU being “out to get them” in 3… 2… 1…
If your whole business is illegal, then you are organized criminals. This includes everybody who works in your business, right?
Or are some of them not criminals, for example when they work without getting paid?
Today’s judgement confirms the Belgian Data Protection Authority’s 2022 decision. It applies immediately across Europe.
Wait what? No additional judicial avenue; instead, the ad industry will now entirely depends on funding political efforts to dismantle GDPR? What a time.
I want all the databtheybe collected this way deleted. I want them to compensate each and every one of us that has had our data stolen. They need to ensure that this is the same for all of the marketing companies that have bought this data from us.
