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Facebook to move UK users to California terms, avoiding EU privacy rules

reuters.com

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Re: Facebook to move UK users to California terms, avoiding EU privacy rules

#391

Post by kolinko »

DaiPlusPlus wrote: post #48
mrtksn wrote: post #25

How these rules apply for people with multiple citizenships and residence? That’s the case with a lot of people in Europe. How to find out to which jurisdiction my FB data is bound to?

Citizenship matters not. Only residency. Just because I'm a Britsh person living in the US doesn't mean I'm not subject to the death penalty or am exempt from having to buy health insurance, for example.

In case of GDPR (EU) and securities laws (US), citizenship matters, not location.

For example, almost anywhere in the world if you want to open a bank account they will explicitly ask you now if you’re an american citizen.

Re: Facebook to move UK users to California terms, avoiding EU privacy rules

#392

Post by remus »

Traster wrote: post #111
stickfigure wrote: post #11

This is the balkanization of the internet. We've lived through a brief period of free exchange among peoples, but it's soon over. I predict only one viable future for all technology companies, big and small: Pick a single national jurisdiction, keep your employees and servers inside it.

This is absolutely not what's happening here though. Facebook absolutely could keep the data within the EU, they just think it's more profitable to move UK user data to California. Now, it's a valid question as to why the UK would allow their constituents most personal data to be transferred out of their jurisdiction, but that's up to the UK government. Facebook exists in hundreds of jurisdictions, it's not rare for…

Maybe I've misread the article, but I didn't see anything about Facebook transferring user data to the US. What has changed is that FB users in the UK will be agreeing to terms with Facebook Inc in California rather than Facebook Ireland.

I suspect this is because the UK has a data sharing agreement with the US, but when Brexit kicks in there is not a legal mechanism in place for easy transfer of data from the EU to the UK (which makes your life hard if you're a company based in Ireland and you need to send data to the UK.)

Re: Facebook to move UK users to California terms, avoiding EU privacy rules

#393

Post by KorematsuFred »

mrtksn wrote: post #25

How these rules apply for people with multiple citizenships and residence? That’s the case with a lot of people in Europe. How to find out to which jurisdiction my FB data is bound to?

Well jurisdiction matters based on which soil you are on and not which citizen you are.

This is overall a good move by FB that puts a lot of pressure on EU/UK to come up with more sensible laws. Note that EU/UK has barely produced any major company operating in consumer web/app. It is for a good reason.

Re: Facebook to move UK users to California terms, avoiding EU privacy rules

#394

Post by dmitriid »

vrperson wrote: post #68
dmitriid wrote: post #40

Earlier quoted context omitted.

> Personally, I think the GDPR cookie notifications have severely degraded the user experience of the web. The absolute vast majority of cookie banners are actually illegal under GDPR. One downside of GDPR isn't the banners, it's inaction by EU authorities which should've cracked down on these practices long ago. 1. Cookies essential for the functionality of your website (such as session cookies) don't need consent,…

What is meant by 4)? So users have the right to see a web site without ads? I think if users don't consent, you should be allowed to block their access to your web site?

> I think if users don't consent, you should be allowed to block their access to your web site?

No. That's illegal. Because:

- the functionality of your site does not depend on collecting user data for ads

- you can show ads without collecting user data

Re: Facebook to move UK users to California terms, avoiding EU privacy rules

#395

Post by dmitriid »

robertlagrant wrote: post #107
dmitriid wrote: post #40

Earlier quoted context omitted.

> Personally, I think the GDPR cookie notifications have severely degraded the user experience of the web. The absolute vast majority of cookie banners are actually illegal under GDPR. One downside of GDPR isn't the banners, it's inaction by EU authorities which should've cracked down on these practices long ago. 1. Cookies essential for the functionality of your website (such as session cookies) don't need consent,…

I would love a plain-English, official website statement to this effect. Also one that didn't just talk about cookies. What if I enable tracking code in my mobile app? That's not cookie-driven.

https://gdpr.eu does a decent job explaining

Additionally, as I only recently found out, it's common practice in European Law to have explanatory notes in the law itself. They are called recitals.

Here's a recital on what constitutes consent: https://gdpr.eu/recital-32-conditions-for-consent/

Re: Facebook to move UK users to California terms, avoiding EU privacy rules

#396

Post by KorematsuFred »

Hokusai wrote: post #3

Tech companies, or any company for that matter, will do what is best for themselves. Regulations exist to protect consumers and other companies from accusative behaviors. Remove the regulation and the 'we care for your privacy' message disappears with it. Because they never cared for your privacy, they will just doing what was mandatory.

While I agree with part 1, part 2 of your argument is simply not true. The regulation has very little to do with the benevolence of our political masters towards us peasants privacy. It is the users who care about privacy (which they themselves don't really understand) which both the corporations and governments have spotted, while corporations like Apple, Google, Facebook etc. have come up different strategies for competition with each other on privacy, governments have mostly come up with nonsensical legislations most funded by these very tech companies or some other rent seeking establishment like EU. None of those regulations have made web safer for us on the contrary it has put a compliance cost on everyone.

The best innovations around privacy have come from the desire to prove to users that the company respects your privacy. Regulation has mostly given us fake cookie related banners that have become a spam in themselves.

Re: Facebook to move UK users to California terms, avoiding EU privacy rules

#397

Post by KorematsuFred »

avianlyric wrote: post #160
harry8 wrote: post #67

Earlier quoted context omitted.

This is called "Regulatory Capture" and is a form of corruption. It is not /why/ regulation exists any more than the murder of Mr Floyd is why police exist. Regulatory capture is utterly rampant right now and a huge threat to democracy. This is true regardless of one's personal politics or beliefs about big vs small government or political party of preference. It's a cancer and more dangerous than people think.

> Regulatory capture is utterly rampant right now and a huge threat to democracy. Rampant in the US. The EU has managed to avoid the worst of it so far.

I call BS on that. US remains extremely competitive, what tech company has EU produced in last 20 years remind me ? EU is a regulatory black hole.

Re: Facebook to move UK users to California terms, avoiding EU privacy rules

#398

Post by gosslot »

KorematsuFred wrote: post #393
mrtksn wrote: post #25

How these rules apply for people with multiple citizenships and residence? That’s the case with a lot of people in Europe. How to find out to which jurisdiction my FB data is bound to?

Well jurisdiction matters based on which soil you are on and not which citizen you are. This is overall a good move by FB that puts a lot of pressure on EU/UK to come up with more sensible laws. Note that EU/UK has barely produced any major company operating in consumer web/app. It is for a good reason.

I fail to see how this move puts pressure on the EU in any way.

Re: Facebook to move UK users to California terms, avoiding EU privacy rules

#399

Post by rebolek »

KorematsuFred wrote: post #393
mrtksn wrote: post #25

How these rules apply for people with multiple citizenships and residence? That’s the case with a lot of people in Europe. How to find out to which jurisdiction my FB data is bound to?

Well jurisdiction matters based on which soil you are on and not which citizen you are. This is overall a good move by FB that puts a lot of pressure on EU/UK to come up with more sensible laws. Note that EU/UK has barely produced any major company operating in consumer web/app. It is for a good reason.

I believe the reasons are different than good privacy protection. For example having ~25 different languages in EU.

Re: Facebook to move UK users to California terms, avoiding EU privacy rules

#400

Post by cycomanic »

treeman79 wrote: post #96
harry8 wrote: post #67

Earlier quoted context omitted.

This is called "Regulatory Capture" and is a form of corruption. It is not /why/ regulation exists any more than the murder of Mr Floyd is why police exist. Regulatory capture is utterly rampant right now and a huge threat to democracy. This is true regardless of one's personal politics or beliefs about big vs small government or political party of preference. It's a cancer and more dangerous than people think.

Vote for people that want to reduce regulations. They’re easy to spot as news/entertainment all mocks them for being “mean” There is also the plainspeak people. Law written so that average people can understand them. Lawyers less needed.

But opposing regulatory capture and wanting reduced regulations are not the same thing.
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