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Do Not Track California Privacy Law Changes Effective Today

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Re: Do Not Track California Privacy Law Changes Effective Today

#21

Post by adventured »

jevinskie wrote: post #3

Does this apply even if you do not have a physical presence in California?

It applies, but California has effectively zero enforcement capability if you're operating out of say, Rhode Island.

The only outside scenario is if you get really large, and become a juicy target for the state to go after (and or eg you're large and doing something particularly aggressive in violation). The state simply could never afford the massive enforcement costs to go after every web site owner on earth external to California, so they'll obviously only target the big prizes.

Re: Do Not Track California Privacy Law Changes Effective Today

#22

Post by kordless »

I'm wondering about how 'club card' tracking is affected by this. If I use a club card at the hardware store, and it has a corresponding website that allows me to manage the card's account, is the tracking law going to apply to purchases I do in store as well?

Re: Do Not Track California Privacy Law Changes Effective Today

#23

Post by drdaeman »

iSimone wrote: post #19
lhgaghl wrote: post #17

Wow I didn't know the law even talks about Do-Not-Track. It's a distraction posing as a solution. The time spent talking about Do-Not-Track could be spent on useful things such as contributing to torbrowser.

Hm I think most would agree with a statement like this. On the other hand I think it's important for privacy laws to be in place. We all know how regulations are lagging years behind, so theoretically, this is just the beginning. In the meantime it's important to comply with it with the simplest means possible imo. That's what we're trying to help with.

It's even more important to not introduce privacy laws that are misleading and give a false sense of security, thus averting public from the core problem.

If you can be tracked you will be tracked, eventually but almost inevitably. The law could be used to provide some remedy for damages caused by tracking, but it should be introduced only after core problem with tracking (browsers willingly tag users for indefinite time with invisible tokens, in an quite stealthy manner) is solved.

Re: Do Not Track California Privacy Law Changes Effective Today

#24

Post by [deleted] »

jason_wang wrote: post #16
coin wrote: post #15

Earlier quoted context omitted.

I would think that this law has no enforcement outside of California for websites that are outside of California. As a non-California resident operating a website not in California, I am not subject California law. This is the same basis used for not collecting out of state sale tax.

I didn't mean the DNT law will be enforced nationally. I meant the effect will be national since a site will just implement the necessary changes once for all its visitors.

[deleted]

Re: Do Not Track California Privacy Law Changes Effective Today

#25

Post by jordo37 »

coin wrote: post #15
jason_wang wrote: post #7

So practically speaking, this California law will have a national effect. Since it is near impossible to determine if a visitor is a California resident or not, sites/apps will just implement the necessary notices and features to comply with DNT for everyone.

I would think that this law has no enforcement outside of California for websites that are outside of California. As a non-California resident operating a website not in California, I am not subject California law. This is the same basis used for not collecting out of state sale tax.

I believe that if a user is in California, they will be able to bring a civil suit under California law against you/ your company.

Re: Do Not Track California Privacy Law Changes Effective Today

#26

Post by anigbrowl »

coin wrote: post #15
jason_wang wrote: post #7

So practically speaking, this California law will have a national effect. Since it is near impossible to determine if a visitor is a California resident or not, sites/apps will just implement the necessary notices and features to comply with DNT for everyone.

I would think that this law has no enforcement outside of California for websites that are outside of California. As a non-California resident operating a website not in California, I am not subject California law. This is the same basis used for not collecting out of state sale tax.

Think again. If you serve customers in California, you can most certainly have to deal with California law: http://en.wikipedia.org/wiki/Minimum_contacts

Re: Do Not Track California Privacy Law Changes Effective Today

#27

Post by coin »

anigbrowl wrote: post #26
coin wrote: post #15

Earlier quoted context omitted.

I would think that this law has no enforcement outside of California for websites that are outside of California. As a non-California resident operating a website not in California, I am not subject California law. This is the same basis used for not collecting out of state sale tax.

Think again. If you serve customers in California, you can most certainly have to deal with California law: http://en.wikipedia.org/wiki/Minimum_contacts

Is a CA visitor to my non-CA website considered a "customer"?

Re: Do Not Track California Privacy Law Changes Effective Today

#29

Post by iSimone »

drdaeman wrote: post #23
iSimone wrote: post #19

Earlier quoted context omitted.

Hm I think most would agree with a statement like this. On the other hand I think it's important for privacy laws to be in place. We all know how regulations are lagging years behind, so theoretically, this is just the beginning. In the meantime it's important to comply with it with the simplest means possible imo. That's what we're trying to help with.

It's even more important to not introduce privacy laws that are misleading and give a false sense of security, thus averting public from the core problem. If you can be tracked you will be tracked, eventually but almost inevitably. The law could be used to provide some remedy for damages caused by tracking, but it should be introduced only after core problem with tracking (browsers willingly tag users for indefinite…

Hard to argue with that @drdaeman. Let's say in an ideal world I'd agree with every last thing you said. Again, it sure isn't perfect, it may be a start. Worse than no developments at all? We're doing our job at iubenda to help developers/website operators to keep up with the developments that are out there right now.

Re: Do Not Track California Privacy Law Changes Effective Today

#30

Post by anigbrowl »

coin wrote: post #27
anigbrowl wrote: post #26

Earlier quoted context omitted.

Think again. If you serve customers in California, you can most certainly have to deal with California law: http://en.wikipedia.org/wiki/Minimum_contacts

Is a CA visitor to my non-CA website considered a "customer"?

Insofar as you offer some kind of commercial service (I don't know what your website is about), sure. The idea of minimum contacts is to give the public a way of seeking legal redress within their own state; otherwise all firms would set up in some business-friendly state like Delaware and the only way to sue them would be in Delaware court.

Of course, this is potentially very expensive, since you could have to deal with up to 51 legal regimes (50 states + federal court, if we omit places like Puerto Rico and so on). That's why firms often aim for compliance with the strictest regulatory regime in widespread use, so as to minimize the legal risks. As pointed out elsewhere in the thread, this is why the CA template is likely to eventually become law in other states. Hence the phrase 'as California goes, so goes the nation' - CA policy often ends up as national policy 20-30 years down the line.

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