Maine passes bill to prevent ISPs from selling browsing data without consent • Hacker News Board

Re: Maine passes bill to prevent ISPs from selling browsing data without consent

#231

Post by darawk » Fri, Jun 07, 2019, 8:45 AM UTC

jhayward wrote: post #190

darawk wrote: post #185

Earlier quoted context omitted.

> They can't really consent, because no-one truly understands what it is that they are agreeing to. That is a supposition of yours. I'm pretty confident that I understand what i'm agreeing to. And I agree to it.

> I'm pretty confident that I understand what i'm agreeing to. Ok, let's explore that. Can you describe, completely, what it is that you are agreeing to? And just so we are speaking at the same level "I agree that you can do anything you want" isn't a meaningful consent.

I consent to my location data being tracked, to the extent that I don't turn it off. Sometimes I choose to, but usually I don't. I consent to Google scanning my email to serve me relevant ads and provide useful information to me about arriving packages and the like. I consent to them monitoring my search habits, to the extent that I choose not to use incognito mode, in order to populate my Google Now feed and again, better target ads to me. I could go on enumerating more things for more companies, but I think you get the point.

Re: Maine passes bill to prevent ISPs from selling browsing data without consent

#232

Post by darawk » Fri, Jun 07, 2019, 8:46 AM UTC

chii wrote: post #211

darawk wrote: post #185

Earlier quoted context omitted.

> They can't really consent, because no-one truly understands what it is that they are agreeing to. That is a supposition of yours. I'm pretty confident that I understand what i'm agreeing to. And I agree to it.

There was a time where people willingly consented to being sold as slaves. Did they truly understand? Or was the circumstances "forced" upon it due to having no other options? If you had to consent for the use of an incredibly popular app, is it really understanding? Or is it capitulation disguised?

> There was a time where people willingly consented to being sold as slaves.

I'm not going to categorically say that that's false, but I find that somewhat hard to believe, except under very contrived circumstances that could hardly be called 'willing' (e.g. "we'll kill your family if you don't"). Do you have a citation for that?

Re: Maine passes bill to prevent ISPs from selling browsing data without consent

#233

Post by PeterisP » Wed, Jun 12, 2019, 9:52 PM UTC

ourmandave wrote: post #77

rapind wrote: post #61

I can predict the "Dark Patterns" right now. Giant Accept button and 6pt font opt-out link.

Can they email you a "Change of Terms of Service" link (that nobody reads) that explains you auto accept if you continue using their service or some BS?

No, the law as written states "if the customer gives the provider express, affirmative consent to such use, disclosure, sale or access." - ignoring an e-mail or any other 'auto accept' don't qualify as express, affirmative consent.