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I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

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Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#261

Post by oarsinsync »

sandworm101 wrote: post #121
ghssds wrote: post #116

Earlier quoted context omitted.

> They're not going build a document sharing platform to get their job done just so they can meet the regs. What is so hard in respecting the spirit of the law?

Becauae "spirit of the law" doesnt exist. It is a saying used by people when they want to do something that isnt in the law. You dont see lawyers, judges or law makers use the phrase.

> Becauae "spirit of the law" doesnt exist. It is a saying used by people when they want to do something that isnt in the law. You dont see lawyers, judges or law makers use the phrase.

This is dependent on jurisdiction. Some countries (e.g. the USA) do not consider spirit/intent (anymore), as the judiciary has repeatedly ruled that the letter of the law, as written, is what matters, regardless of whether it meets the intent of what the law was written to achieve.

There are other countries in the world, outside of the USA, that do not work this way.

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#262

Post by em-bee »

AlexanderHanff wrote: post #191
0xfffafaCrash wrote: post #20

> The reply I received a few days later did me the favour of putting the violation on the record. Their position, in their own words, was that "in order to receive marketing / offers, it is a condition to be a member of the customer club." That one sentence is the whole case. They had taken a right I am entitled to exercise for free and turned it into the price of admission. I don’t understand… it would be one thing…

It is a translation thing - what they said in Norwegian was that it is required to accept marketing activities if you want to be part of the loyalty club - but the machine translation did it literally instead of changing the structure to match common English.

can you fix it?

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#263

Post by coldtea »

Retric wrote: post #14
anakaine wrote: post #13

Earlier quoted context omitted.

Because if, as the regulator, you fail to benchmark what they gained then your laws can be ignored and your fines paid as simply a cost of doing business. Its why you find the Australian regulator for consumer affairs handing out $200m+ fines to telecommunications companies, for example.

By that logic regulators should lower fines if the action wasn’t profitable. Which creates an expensive legal fight around the net profits of some action were after guilt is determined. Instead, it’s much better to scale fines based on the scale of the entity involved, which also results in huge fines, but it’s easier to measure revenue. Thus the fines are more broadly effective, and you can still escalate if they do…

>By that logic regulators should lower fines if the action wasn’t profitable.

The logic isn't some rigid "make the fine based on the profit".

The logic is based on the intent: make the behavior happen less.

So you can have a base fine of X, even when there's no profit or even if there are losses, and have a scalable fine based on higher profits. This way the company is discouraged to do the bad behavior in general, and is ALSO discouraged to do the bad behavior even if it's profitable.

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#264

Post by filoeleven »

soco wrote: post #241
goosejuice wrote: post #166

Earlier quoted context omitted.

I do wish this was an option for some data, but emergency care would be an absolute shit show. People can't even remember passwords let alone keep track of keys and devices.

Zero trust device, with emergency channels pre-trusted. Like, the ambulance service is known to your device and can already suck your blood type and whatnot. And the police your name and emergency contacts. Or whatever schema with a similar idea. There's the technology to do this already, but we're lacking awareness and initiative.

> And the police your name and emergency contacts.

Hell no. The fuzz ain't getting my info without reasonable, articulable suspicion that I have committed, am committing, or am about to commit a crime, or if I'm pressing charges and need to ID for that process.

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#265

Post by filoeleven »

goosejuice wrote: post #167
kmoser wrote: post #139

Earlier quoted context omitted.

> I asked if they could change that part of the lease. They said they were "unable" due to "demand and interest in the property." Was it a paper lease? Because you could always cross out that section before signing, not to mention write in your own addendum. They would probably still balk, but you'd be within your rights to do so.

Good luck finding a landlord that would agree to your terms.

Much easier to find one that won't notice the markup, though. You think they read the contracts any more carefully than most people?

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#266

Post by soco »

filoeleven wrote: post #264
soco wrote: post #241

Earlier quoted context omitted.

Zero trust device, with emergency channels pre-trusted. Like, the ambulance service is known to your device and can already suck your blood type and whatnot. And the police your name and emergency contacts. Or whatever schema with a similar idea. There's the technology to do this already, but we're lacking awareness and initiative.

> And the police your name and emergency contacts. Hell no. The fuzz ain't getting my info without reasonable, articulable suspicion that I have committed, am committing, or am about to commit a crime, or if I'm pressing charges and need to ID for that process.

The parent comment was about an accident where you're unable to give any details yourself. Maybe when you're under a truck you'd like your folks to know what happened to you, right? But again, such are implementation details. First let's have that zero trust device, then we can be negotiate who gets to see what and when.

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#267

Post by filoeleven »

berege wrote: post #197
cwillu wrote: post #113

Earlier quoted context omitted.

> LLMisms The word is “cliches”, and they existed long before LLMs.

Cliches in general did, llms created new ones even though you may not be adept at recognising them

Lmao at the absolute ego behind that wording

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#268

Post by em-bee »

AlexanderHanff wrote: post #217
arjie wrote: post #51

It's an interesting story, but I could not help but have my mind skip over it because of the LLMisms. Acts like one of those taboola reels to me. If even just there was a tutorial to get people to write in such a way that it's not obviously LLM text it would be nice because the story is interesting. I know, it's like complaining about JS etc. but it's like walking into an elevator and smelling very strong perfume. It…

They are not written by an LLM lol, I have severe ADHD, this is how I write and there is plenty of my material out there spanning the last 20+ years (long before LLMs existed) to illustrate that.

i sent the article to an AI detection tool and it said that 22% are AI generated. (that tool distinguishes between AI generated, AI assisted, and human) it marks the first few paragraphs as such. i have no idea how accurate that tool generally is. it is clearly failing here. (part of the reason for checking articles is to learn how reliable those tools are, not to gather evidence against a writer)

what could help though is if you could find a way to have your articles proof read by someone else to at least weed out some of the more difficult to read constructs, like this one:

any Consent Management Platform (CMP) which sets a cookie for anything other than cookies which are not strictly necessary that the user has consented to

i would write that as:

any Consent Management Platform (CMP) which sets a cookie that is not strictly necessary but that the user has not consented to

i had to read your version three times to make sure i understood it correctly.

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#269

Post by cwmoore »

dgellow wrote: post #254
cwmoore wrote: post #153

Earlier quoted context omitted.

I agree but please, provide citations instead of a question mark, to make what you believe is obvious actually in fact obvious.

I think the question mark is good enough for such an absurd claim. If the author cares they can find quotes with no effort

I don’t see any?

Re: I told them forced consent was unlawful. 5 years later it cost Elkjop €1.8M

#270

Post by aand16 »

engeljohnb wrote: post #110
deepsun wrote: post #28

Earlier quoted context omitted.

Once I rented an apartment in US, and the documents said that they can make videos, pictures and audio recordings of me and my family, and use it for their own purposes including commercial. I objected, but their position was that no one is going to involve legal department for me, and I am free to go away.

Rentals are exactly what I was talking about. Supposedly you can always go to someone else, but we all know in practice we can't just go without housing and if everyone decides you're "difficult," you're SOL. Earlier this week a potential landlord offered me a lease saying I had already inspected the property and found no issues with it. I asked for a chance to actually inspect before signing, and even said I would s…

As long as they responded in writing, you have proof that the other party agrees the clause is false.

I wonder if a judge would keep that clause in the contract in case of litigation.

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