This entry was edited (3 months ago)
in reply to Jonathan Schofield

@urlyman
It's often not even malicious compliance. Most of these banners don't even meet the requirements of the GDPR, specifically that you must be able to withdraw consent at any time and that you mist give informed consent (i.e. that you must know what you have consented to to be able to grant consent).

@noybeu is doing a great job going after some of these people.

webhat🔜#39c3 reshared this.

in reply to David Chisnall (*Now with 50% more sarcasm!*)

@david_chisnall @urlyman @noybeu Indeed. And yes they are but enforcement of GDPR should fall on the shoulders of more than one small law firm. Good thing they exist but it also shows how messed up the system is in general.

the esoteric programmer reshared this.

in reply to Aral Balkan

whether or not this is technically correct it totally nails how I feel about cookie notices. They're obviously compliance theatre. I hate them all, especially when you have to accept 'necessary cookies' or else you get them all (you probably get them all anyway). Plus which data privacy gaslighter even needs cookies now? They've probably moved on to even more invasive methods. Oh, did I mention I hate cookies and their stupid fake notices?
in reply to Writing Slowly

@writingslowly There’s an easy solution to that. We pass a GDMR and effectively outlaw their business model (don’t hold your breath).

ar.al/2018/11/29/gdmr-this-one…

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in reply to Aral Balkan

@writingslowly There’s a problem with point 1 - who decides what “can be built”? For instance: Many legislators want companies to implement encrypted communication in a way such that they - and only they - can listen in. Numerous experts believe such a system can’t be built (at least not securely).

If I’d run a company I’d rather not end up in court where a lawyer explains to me what can be built and what not.

in reply to Georg Weissenbacher

in reply to Writing Slowly

@writingslowly What annoys me is that they've managed to give people the impression that the cookie banner nonsense is the EU's fault. GDPR has been a huge help, and these tantrums the tech industry is throwing is, as Aral says, malicious compliance.

@aral

reshared this

in reply to Aral Balkan

🎯

Not enough people understand how techbros choose horrible user interfaces and design/moderation decisions to turn people against even the most basic and essential customer safety regulations.

I believe the current age-gating outrage is astroturfed too.

in reply to TC Won't Give In To Lies

@TCatInReality this is what caused me to leave the private sector. Tech companies use language of progress and idealism to recruit researchers and designers who genuinely want to address problems for real people, but then delegate final decision-making power to product managers and other minor demons who, using the language of "scope" and "realism," minimize research and selectively gut designs until their original purpose is completely subverted.
in reply to Worik

@worik
I disagree. There absolutely are real world harms by not having age gated spaces.

Age gates are all over the IRL world and we all understand why. Similarly, we have centuries of safety and consumer rights IRL that we understand but fail to apply online.

To me, the issue isn't whether to have these measures online, it is how to get bad faith techbros to do it.

For more: mastodon.social/@TCatInReality…


I've literally spent hours discussing #OnlineSafetyAct this week.

I am very familiar with the arguments, but remain unconvinced. Ultimately, the few anecdotal "harms" mentioned from the few weeks it's been active are all decisions made by tech companies with totally opaque decision-making, yet blaming the government for their interpretation and decision.

Sure, there are risks with data abuse and hacking. But that was already a pervasive risk online, OSA is another degree of it.

1/

in reply to Worik

@worik
Yes, I've heard the architecture argument and it (conveniently) ignores the front and end points of delivery.

It's the equivalent of saying a bullet does not know who shoots it or where, while ignoring all the other possible points of safety. It's a common gunmaker defence.

The internet is a service and common service safety and liability rules should apply. There's nothing special about it - except billionaires skewing the discussion.

in reply to TC Won't Give In To Lies

@TCatInReality
> For more: mastodon.social/@TCatInReality

I read that thread.

I remain unconvinced that it is possible to have privacy preserving age verification protocols. I think it is a contradiction. To be of any use the age ID must be attached to a personal ID and that musf be associated to a real person.

To use the vape shop example it is like having to sign a register to enter.

It is not hard to imagine being reluctant to sign in to R18 places.

in reply to Worik

@worik
So, your best counter-argument is that some people will be "reluctant" to provide age verficiation?

OK, two lines of reply:
1) Implied is that the reluctance is due to fears of data misuse. I get that, which is why I argue we need much better regulation and enforcement of data privacy - because that has been a problem long before (and indep of) age verification.

Con't

in reply to TC Won't Give In To Lies

@worik
2) market forces will then create more all-age sites to capture as much "reluctant" audience as possible. Of course, it won't provide everything age gated, but most. And surely more all-age sites is preferable (and safer), therefore a good trend to be encouraged.

There is something seriously rotten in the online business model if a company can only make money with data theft, exploitation and extreme content. IMO, we change the dynamic through better regularions.

in reply to TC Won't Give In To Lies

@worik
A third response to the "reluctance" argument.

There was a time where porn was not online and you needed to show ID to buy a magazine or *register* at a video store to get adult titles.

Were some people "reluctant" to do so? Sure. And the world went on.

No one is entitled to a life free of uncomfortable experiences. But the market, and a functional democratic system, will do all it can to consider the tradeoffs and make it easy *and* safe.

in reply to Aral Balkan

I'm running a website for a science consortium and we don't track, we don't sell anything, and we don't have to worry about visitor data storage and protection, and we do not need any cookie clicked on the site. Very simple, very relaxing.

It also prevents the need for a data protection responsible person, because no data is being collected.

Brad Rosenheim reshared this.

in reply to Je ne suis pas goth

@jenesuispasgoth @knud I work in e-commerce in Europe. Mostly the banners are there because such websites do use a lot of third party services for purposes that range from marketing campaign monitoring to user session recordings (for debugging). Apart from developing everything in house or hosting the tools, there aren’t a lot of ways to avoid the banners.
in reply to Knud Jahnke

@knud lots of physical, brick-and-mortar shops also try to ask me for my email address or phone number. I either give a wrong one or flat out refuse (depending on the urgency of what I'm trying to purchase – sometimes I the cashier tells me they *have* to input something, and they're not responsible for terrible customer care practices where they work).

@aral

in reply to FreediverX

(Some part of that is that occasionally the manufacturer realises that under certain circumstances the Evaluatronic Instantiator(TM) you just bought might develop a fault in its Ingenuity Engine causing it to catch fire, and would like to/has a duty to tell you that and provide an Imaginative Dedeflagrator to plug into it to prevent that.

#SafetyNotice #dedeflagrator #Evaluatronic

This entry was edited (3 months ago)
in reply to Vassil Nikolov | Васил Николов

@vnikolov

It would be a start to tag
@codinghorror and/or link to his post
infosec.exchange/@codinghorror…

@aral


Look, EU, it is difficult to take you seriously when you forced all this cookie notification bullshit on us. That feature a) should not exist and b) if it did, should be a BROWSER feature not "every website in the entire world now has to bother everyone forever about this stupid thing" blog.codinghorror.com/breaking…
Unknown parent

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Walter van Holst

@mkj 21(5) GDPR was specifically put in there with DNT in mind (mind you, both were in development around the same time). One could still argue that not honouring DNT should be considered a violation of the GDPR, but that would require enforcement. And that is where the big disappointment with both GDPR and ePrivacy lies.
@mkj
in reply to Bodo Tasche

@bitboxer @geeksam @codinghorror DNT is gone but the technically similar but legally required (in some jurisdictions) GPC is back.

Right now it's not clear what a GPC should mean in the EU but @robin explained how it could work: berjon.com/gpc-under-the-gdpr/

(good intro from the POV of an ad-supported site adexchanger.com/data-privacy-r… )

in reply to Aral Balkan

this is why #GitHub was able to remove the banner back in 2020 - the good old days.

github.blog/news-insights/comp…

Funny enough, 5 years later the banner is back on $GitHub Blog, I guess being owned by $MSFT changes things...

in reply to Aral Balkan

I didn't read the 🦷 from Jeff. I fully understand the no tracking and I'm glad I live in the eu and privacy is taken seriously. But I also understand the need for cookies , at least for analytics and I think the cookie consent ux is awful. I get cookie consent blind and click allow all ... Usually the default.. to get to the content. It could be super nice if the cookie-banners could steered by request accept headers as standard. In that way I would only need to set the browser settings
in reply to Rune

@praerien 1. You don’t need third-party cookies for analytics. Services exist that provide analytics without third-party tracking.

2. The “UX” (design) of cookie consent banners is anti-pattern implemented by the adtech industry exactly to invoke this reaction and misdirect your ire from the tracking itself to the law meant to protect your rights.

3. Your suggested solution would, indeed, nip this in the bud. This is why the surveillance industry made sure to remove Do Not Track the moment they realised it could be used for this purpose. (After all, it has served Mozilla/Silicon Valley’s purpose of delaying regulation for a decade and now had become a liability.)

@Rune
in reply to Pēteris Caune

@mathew @mkj @praerien
I made a script that tracks Latvian websites that have the "load cookies first then ask for permission" problem: https://sīkdatnes.lv

For problematic sites, I send an informal email explaining the problem and asking to fix it. In case of no action, I send a formal, signed complaint. And then in case of no action, I report them to our country's DPA.

In quite a few cases the informal email is enough, and the issue gets acknowledged and fixed.

This entry was edited (3 months ago)

reshared this

in reply to Aral Balkan

@yahe @marix yes, we would. The mentioned ePD covers also non-personal data, thus is not necessarily lex specialis to the GDPR. This is why the ePD e.g. covers all cookies, not only tracking (or browser fingerprinting, or ..., and also responsive Design (but does not mandate aquiring consent for that as it is functional for the service requested by the user)).
in reply to Aral Balkan

exactly. The EU needs to mandate that

1. Every browser needs to, by default, be set to allow "strictly necessary cookies" only.
2. Every site that wants to serve EU users must honour this setting.
3. Impose massive fines on sites that don't do this or that choose to interpret "strictly necessary only" in "creative" ways.

So that anybody who does not want other cookies has to do exactly nothing to achieve that.

This entry was edited (3 months ago)

reshared this

in reply to Pino Carafa

@rozeboosje That would work. ar.al/2018/11/29/gdmr-this-one…

Pino Carafa reshared this.

in reply to Aral Balkan

Really the main problem of this enforcement is that it came too late, when (almost) everyone was already dependent on collecting private data. That made it easy for the industry to collectively decide that intrusive popups would be the simplest way to comply.

What were people going to do, take their business to the competition? Doesn't matter, they do it too.

If regulation had come earlier, then the first ones to use popups would have been seen as obnoxious assholes and lost visitors.

in reply to Simon Eilting

@eseilt Couldn’t agree more.

ar.al/2018/11/29/gdmr-this-one…

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Pino Carafa

@nieldk yes but this is why we're talking about "malicious compliance". Many sites follow the letter of that law BUT they make you go through a page where you have to explicitly remove consent for hundreds of individually named advertisers, knowing that most people wouldn't have the patience for it. We demand that this be changed so they MUST comply with a new directive to make withholding consent the default option where the end user has to do NOTHING to achieve that.
in reply to Pino Carafa

@nieldk and of course their "argument" is that the end user can "withdraw consent" for cookies from Advertiser XYZ with a single switch. So true. But they will let the user GIVE consent with a single switch that activates it for ALL advertisers, and WITHDRAW it with a single switch for every advertiser individually. Makes my blood boil.
in reply to NKT

@Dss In my world, which the same world you live in, if a person provides their phone number to have a sales person call them, they are consenting to have the sales person call them and you can use their phone number for the purpose of having a sales person call them which is what the person has given you permission to do.

Do you need a cookie notice for that?

No.

(That said, it’s not my job to fix toxic business models.)

@NKT
in reply to Aral Balkan

Lin et al. found that ad blocker users are more satisfied with the products and services they buy than non-users. There _is_ a theoretical economic role of advertising but surveillance advertising is failing at it

Lots of pro-surveillance advocacy from academics, but they don't cite some of the best sources in their own field, or some of the best points in the body copy of the papers they do cite—even Google refers to de-personalizing the ads as a "protection" blog.zgp.org/advertising-perso…

This entry was edited (3 months ago)
in reply to Don Marti

@dmarti @Dss

there's a simple way for any website and their associated business to sell products - have clear and honest/accurate descriptions of them, real humans (in preference to AI) to answer queries, and take ownership of the sales process so it works fairly smoothly (which many businesses struggle with, hence the domination of Amazon/Ebay etc)

Cold calling/emails rarely work - I get the most bizzare ones (such as for hardware big enough for the village Telephone Exchange when the marketers should *know* my employers are only a medium size business), and constant sales pitches for large motor vans for a small trade association I occasionally do IT work for (which has an office with only 5 people who use their personal cars for transport)

in reply to NKT

@Dss @vfrmedia The current model is also being crushed -- the Meta+Google ad duopoly is already $472B out of a worldwide ad business of $1T. If those 2 continue as "growth stocks" with the growth the market expects, then all this "we share your info with n partners" stuff goes away within 5 years or so anyway blog.zgp.org/living-with-a-big…
in reply to Don Marti

@dmarti @Dss
I can't see how it is sustainable.

There must be a fair bit of resources poured into trying to sell my work vans, blade servers and other things we have 0 use for, on my personal devices I get ads for a new car every week (when the adtech companies surely *know* I am single and live in a suburb where i only have the space for one car - I get cat food ads when I don't even have a cat (I did befriend a few I met in the street and took photos of them) - the marketing companies are pissing millions up the wall and surely that can't last for ever?

in reply to Alex@rtnVFRmedia Suffolk UK

@vfrmedia @dmarti The problem is, the costs of that have all been pushed onto the person getting advertised to. Used to be it cost a stamp to send a message. Then the cost of an email brought that to near zero, and spam happened. So now it costs you far more in time to dismiss the message than it costs to send. And you get one hit in a million for a super yacht or blade server? You're miles ahead. It cost you £1 to send that million messages (ok, a bit more) but you made a sale worth £10,000 profit. Even if it was only stone cat food, you're still ahead.
If the advertisement still cost money, they'd be more careful.
in reply to Don Marti

@dmarti @Dss maybe this is a consequence of GDPR, but I've noticed the "personalised" ads I get are of poor quality/relevance, or just wishful thinking (such as trying to sell me a car, days after I just bought one!).

The few ads which do get through my security software (such as on Meta where they stall the FB timeline if you use too aggressive adblocker settings) are from sketchy businesses with worse customer service than those who don't use the FB ads, and the sponsored ones which are supposedly from my area are picked by an algorithm that doesn't realise that my region is physically large by the standards of England and you aren't normally going to drive 60 miles to buy something..

in reply to Alex@rtnVFRmedia Suffolk UK

@vfrmedia @Dss Meta is either a special case or the most "advanced" of the surveillance advertising companies. Deceptive advertising seems to be an inherent part of their model (I'm thinking mostly about small scale trademark infringers.... blog.zgp.org/deception-design/ ...but some of the same points apply to political deception. Restrictions on "political advertising" only apply to ads from rule-following moderates and liberals--the extreme right misinfo operations can still operate on $FB
in reply to NKT

@Dss @vfrmedia if yes, I were in the UK right now I would be concerned -- Meta is trying to finagle themselves a surveillance advertising monopoly in the UK ("increased adoption of PETs across the industry" is code for all ad measurements feed into _n_ data centers, for small values of n)

ico.org.uk/for-organisations/a…

There is a public comment form, but it could be that the fix is already in

ico.org.uk/about-the-ico/ico-a…

in reply to Don Marti

@dmarti @Dss the worrying thing I'm noticing is the Meta ads often are for genuine local business - the only flaw in the delivery is applying "USA scale" of distances to the UK (for instance I'm not going to drive 70km to a repair garage to get my car serviced when there are other garages far closer!)

Alas, this means Meta are increasingly getting buy-in and support from local businesses (some of them are entirely dependent on FB/Instagram for their marketing and even much of their customer service communications)

in reply to Alex@rtnVFRmedia Suffolk UK

@vfrmedia @Dss Yes, that's a huge problem for those companies—Meta investors expect it to grow an order of magnitude faster than the economy as a whole, which means that a legit business has to keep paying more and more to get a new customer mylesyounger.substack.com/p/zu…

But right now the UK looks like they're on track for something like the advertising version of the old mandatory MSIE in South Korea situation ( en.wikipedia.org/wiki/Web_comp… )

in reply to Pino Carafa

@nieldk I would suggest that not only does the EU change the rules but also build in an easy mechanism to change the rules AGAIN at the first sign of malicious compliance. Either companies learn to start implementing rules in a constructive manner or we keep slapping them with fines or at the very least hit them with new rules forcing them to incur the development cost of reimplementing ever changing rules. Continue flogging them until morale improves.

Su_G reshared this.

in reply to zbrando

@zbrando
#pluralistic calls it the "fatfinger economy" (deliberately redesigning an interface to increase the likelihood of clicking on the wrong thing)

doctorow.medium.com/https-plur…

pluralistic.net/2022/05/15/the…

On occasion the consequences can be huge.

en.m.wikipedia.org/wiki/Fat-fi…

Flash Crash - a human error magnified 100-fold by AI
verifiedinvesting.com/blogs/ed…

bloomberg.com/news/articles/20…

Fatfingering a cookie banner might also be a security flaw, can be used for ransomeware.

This entry was edited (3 months ago)
in reply to Aral Balkan

It's not just adtech. Every business, including small ones, wants analytics. If you voluntary refuse to track your visitors, you are putting your business to a disadvantage - that's just a law of nature in a free market society that businesses will try to avoid it. So any legislation introduced should account to it, and either make malicious compliance impossible or not introduce restrictions that are contrary to common practice at all.
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Aral Balkan

@uncanny_static @disorderlyf It’s worse than that: this was a feature spearheaded by Mozilla (Silicon Valley’s acceptable face) and it had the very real effect of staving off regulation for a decade (“look, we are self regulating”). The moment people realised it could be used to communicate consent within the framework of GDPR, the feature was deprecated.

Sadly, some folks still think Mozilla are the good guys.

Unknown parent

mastodon - Link to source

Hannah

@disorderlyf This feature already exists. It is just that ad-tech ignored that users were sending a do-not-track request and instead they opted for trying to nudge everyone into accepting their surveillance, by making obnoxious cookie banners.

en.wikipedia.org/wiki/Do_Not_T…

in reply to Aral Balkan

Genuine question:

If I hosted my own private analytics tracker (something like Matomo (née Piwik), e.g.) just so I could have funny numbers to look at because I like to look at numbers but do nothing meaningful with them, would that require a cookie banner?

I'd pondered about just having a static notice in the footer of my site that just says "This site uses some functional cookies and one (1) tracking cookie for a self-hosted analytics dashboard because I like to look at Numbers™."

in reply to Aral Balkan

I had a brief and regrettable stint at a German ad tech firm while GDPR came into force. The conversation in the room was literally "how do we make this as inconvenient as possible for people so that they just click accept?" Advertising should be illegal.
in reply to Aral Balkan

see infosec.exchange/@codinghorror… and infosec.exchange/@codinghorror… and infosec.exchange/@codinghorror… and mastodon.social/@JeffGrigg/115…


@mkoek @Setok @dalias it hasn’t changed anything because it does not address root causes. Users want everything for free, forever, and content creators want to make money to feed themselves and their families. Until we resolve THAT, we will be stuck in endless combat between these two opposing forces. And the money is going to find a way to inevitably win because it has to. You have to make a living somehow. Free everything is great and all but it is never ever ever gonna be “free.”
in reply to Jeff Atwood

@codinghorror @andrewrk I think what people are trying to tell you is that you’re part of the problem.

You’re not just any “user of the internet”, you’re a developer. You have agency. Don’t like cookie banners? Great! Lead by example: remove them from the sites you own and control (i.e., stop tracking people on the sites you own and control. Find other ways to make money.)

in reply to Aral Balkan

The sentiment that cookie banners are mandatory hit so deep, that I have needed to argue with clients how they don't need a banner or consent at all (because they are actually not tracking or advertising) and they still wanted to have it because "everybody has it and wouldn't that make us look unprofessional?" – sure, they misunderstood and I could clarify but boy oh boy, the damage done... -.-
in reply to Aral Balkan

if GitHub doesn't need a cookie banner, there's no technical reason for a site to have them, it's always a privacy reason

techcrunch.com/2020/12/17/gith…

This entry was edited (3 months ago)