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Facebook now denying access unless EU users opt-in to tracking

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Re: Facebook now denying access unless EU users opt-in to tracking

#52
post #30

Earlier quoted context omitted.

what? seriously? Do EU citizens have some kind of legal right to Facebook access, now? It's illegal for Facebook to not serve people they can't sell to advertisers? I'd love it if Facebook were nationalized (or destroyed), but none of the coverage of the GDPR made it sound like it was going in that direction. I thought it was just another stupid "click here to acknowledge our cookies" rule that was going to spam up t…

Please take a moment and consider the implications of a nationalized company that tracks and records every thought of its users.

Do mean that a government is less trustworthy than an independendent corporation? That a corporation will better look after the interests of its citizens than a government?

Re: Facebook now denying access unless EU users opt-in to tracking

#54
post #3

I'm pretty sure that's illegal under GDPR.

what? seriously? Do EU citizens have some kind of legal right to Facebook access, now? It's illegal for Facebook to not serve people they can't sell to advertisers? I'd love it if Facebook were nationalized (or destroyed), but none of the coverage of the GDPR made it sound like it was going in that direction. I thought it was just another stupid "click here to acknowledge our cookies" rule that was going to spam up t…

I really do agree with you, a Facebook account isn't a right you have. You can just not use Facebook if you disagree with their terms of service.

The only problem is: Facebooks terms of service isn't really reasonable, and most people won't understand the implications. As I understand the GDPR one of the goals is to give users a set of rights, in regards to their data. These right cannot, under any circumstances, be violated, just as you can't bond yourself into slavery or sign away your right to free speech.

Facebook and others are currently trying to find loophole, like with the cookie-law, except this time the EU did it's homework and companies won't get of with such simple solutions. Really if Facebook believe they can't do business in the EU after the 25th of May, due to the GDPR, then they shouldn't. Just close of all EU activities. Of cause I understand why they won't, the company would lose a good chunk of it's value, but it will anyway if it can't find a way to legally operate under the GDPR.

Re: Facebook now denying access unless EU users opt-in to tracking

#55

Earlier quoted context omitted.

I can't see that argument going well: Since they let users opt-out of targeted advertising, which is probably the only thing "tracking" is useful for, they tacitly admit that "tracking" is not necessary for them to providing their service.

"We require tracking to pay for the costs of providing this free service". No such thing as a free lunch.

“We sell your credit card number on the black market to pay the costs of this free service”.

Also illegal.

Re: Facebook now denying access unless EU users opt-in to tracking

#56
post #17

Earlier quoted context omitted.

what? seriously? Do EU citizens have some kind of legal right to Facebook access, now? It's illegal for Facebook to not serve people they can't sell to advertisers? I'd love it if Facebook were nationalized (or destroyed), but none of the coverage of the GDPR made it sound like it was going in that direction. I thought it was just another stupid "click here to acknowledge our cookies" rule that was going to spam up t…

There is no legal right to Facebook, but if Facebook wants to do business here, it has to abide by our rules. And our rules are very simple, you cannot deny service because the user doesn't allow tracking if tracking is not necessary for your service to work. And it isn't in this case, it's only necessary to deliver higher paying ads. Since they are being selective on the users they accept based on being tracked, the…

Given their de facto monopoly I'm not sure "There is no legal right to Facebook" is correct anymore. It's sort of like the internet where if you were denied access you'd have a significant disadvantage in society - it could easily be argued that denying access to Facebook gives you a similar disadvantage.

At the end of the day this will need to be decided in courts.

Re: Facebook now denying access unless EU users opt-in to tracking

#57
post #9
post #2

IIRC, the GDPR is very explicit about what constitutes valid consent, so things like pre-checked check-boxes aren't valid. Is "consent" gained by a screen with only an "I agree" button even kosher by it?

It may be that FB's lawyers come at it with a more American view whereby it's legal if it complies with the letter of the law. I suspect the Euro legal system tends to build a fence around the Torah, so to speak.

I would be absolutely shocked if Facebook didn't have european legal professionals hired to deal with this instead of having their American lawyers try to interpret foreign law.

Re: Facebook now denying access unless EU users opt-in to tracking

#58

Earlier quoted context omitted.

Consent isn't required for data collection that is necessary for the service to work. However, you have to be prepared to defend in court that it IS necessary. As such, trackers in 3rd-party advertising network code probably won't count as necessary; it's necessary for the ad network, but it is not necessary for the website displaying the advertisements, as proven by ad-blockers. Likewise, the facebook like button an…

> but it is not necessary for the website displaying the advertisements, as proven by ad-blockers. when I was a child I stole a toy from Wal-Mart. Wal-Mart is still around. Therefore, Wal-Mart's entire existence as a store does not depend on any kind of anti-theft measures, and it should be illegal for them to film my entrance and exit.

Actually, filming entrance and exits is probably necessary for them to have insurance against theft, which probably is necessary for them to continue operating.

Further, some stores put locks on items and displays that others do not. These are also required for the store to continue offering such services.

You, as an individual, may not have undermined the store. However, you, as an individual among many, may be the reason why certain stores are not able to function as other stores do.

EDIT: to clarify my point, I don't think the GDPR takes how revenue is obtained into account. The revenue model itself must still conform to user consent. The analogy of Walmart to ad-blockers is interesting, though slightly off when one behavior is illegal and the other is not.

Re: Facebook now denying access unless EU users opt-in to tracking

#59

Earlier quoted context omitted.

I can't see that argument going well: Since they let users opt-out of targeted advertising, which is probably the only thing "tracking" is useful for, they tacitly admit that "tracking" is not necessary for them to providing their service.

"We require tracking to pay for the costs of providing this free service". No such thing as a free lunch.

Just because they chose a specific business model doesn't mean it's necessary. Nobody says the lunch must be free, just that not every avenue of funding is allowed.

Re: Facebook now denying access unless EU users opt-in to tracking

#60
post #17

Earlier quoted context omitted.

what? seriously? Do EU citizens have some kind of legal right to Facebook access, now? It's illegal for Facebook to not serve people they can't sell to advertisers? I'd love it if Facebook were nationalized (or destroyed), but none of the coverage of the GDPR made it sound like it was going in that direction. I thought it was just another stupid "click here to acknowledge our cookies" rule that was going to spam up t…

There is no legal right to Facebook, but if Facebook wants to do business here, it has to abide by our rules. And our rules are very simple, you cannot deny service because the user doesn't allow tracking if tracking is not necessary for your service to work. And it isn't in this case, it's only necessary to deliver higher paying ads. Since they are being selective on the users they accept based on being tracked, the…

What is facebook's business? Targeted advertising. They don't sell you a friends management system for $0, they sell targeted ads to people who expect to receive targeted ads, and tracking is necessary for that.

The same can be said about google's search service. The search still works, but adsense and adwords won't work without your private info. And google can claim it doesn't sell search, they sell ads.

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