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Facebook’s tracking of non-users ruled illegal again in Europe

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Re: Facebook’s tracking of non-users ruled illegal again in Europe

#291
post #278
post #187

Earlier quoted context omitted.

I'm pretty sure that this kind of behavior will be shot down by EU or Local courts. The GDPR contains parts where it explains what kind of reasons might lead to overriding of legitimate or critical interests.

If this is the case, I imagine a lot of profitable sites will be geo-banning EU users who don't subscribe to a payment plan as a non-profitable drain on resources.

That's a possibility.

The GDPR does forbid hinging service quality/availability on consent but I don't think it forbids putting it behind a paywall as alternative.

Re: Facebook’s tracking of non-users ruled illegal again in Europe

#292
post #266

Earlier quoted context omitted.

I agree, but they're swimming in disingenuous waters. Surely, they can't run 100 versions of the site to suit 100 legislative/court systems. Well, maybe Facebook can. Can tinder? What about the next Facebook?

In a sane world they shouldn't be liable of anything if a person from another country uses their website.

This is not even about persons using their website. This is about persons not using Facebook who are still tracked by Facebook on _other_ websites.

Re: Facebook’s tracking of non-users ruled illegal again in Europe

#293
post #255

Earlier quoted context omitted.

They both can apply. The flow of traffic laws, such as the one in California, are to prevent people from going significantly below the speed limit. Its a better approach, in my opinion, then a minimum speed limit law that many states use. That said, you'll end up driving white-knuckled and fearful of your life if you dare go the speed limit on the Mass Pike. You'd have to drive 70-75 minimum here just to feel safe.

Yes, it makes sense for the minimum speed, here in Europe the max speed can't be exceeded and on top of that you have to adapt your speed to the actual condition, if is ice or the road is wet, or there is fog the law says you have to reduce your speed until you are safe, if you did not reduced it enough and did an accident you are guilty. I hate when someone drivers respecting the limit and you get jerks with big car…

At least they are not firing missiles.

Re: Facebook’s tracking of non-users ruled illegal again in Europe

#294

What is Facebook's end game here, I don't get it. GDPR is around the corner, it certainly won't fly under GDPR so why the jurisdiction argument even, the days for tracking people without consent is numbered - a rational organization would realize this. I would think just say ok we stop doing it because we're going to have to stop doing it anyway. But they're not stopping, what is the plan?!?

Any delay is money, so Facebook doesn't have an incentive to comply early.It makes more sense for them to appeal until all legal options are exhausted, even if it is clear that they will lose the lawsuit.

Re: Facebook’s tracking of non-users ruled illegal again in Europe

#295
post #13

Earlier quoted context omitted.

I think the implication is more, "why are you only paying attention to us ? If you think this is a bad practice, then you should be going after our competitors , too." Corporations tend not to mind if you take away a business strategy of theirs, as long as you take it away from everybody else at the same time. If you only take it away from one corporation, that corporation will be temporarily outcompeted by the corpo…

There is a rule in Germany called "Im Unrecht gibt es keine Gleichberechtigung". Meaning when you are breaking the law you cannot point to others also breaking the law as defense.

As far as i know, isn't this basically global? atleast in civil law systems, i yet have to find a country where this isn't the case.

Re: Facebook’s tracking of non-users ruled illegal again in Europe

#296

What is Facebook's end game here, I don't get it. GDPR is around the corner, it certainly won't fly under GDPR so why the jurisdiction argument even, the days for tracking people without consent is numbered - a rational organization would realize this. I would think just say ok we stop doing it because we're going to have to stop doing it anyway. But they're not stopping, what is the plan?!?

If Facebook's business model is built around collecting and selling personal data, and more than 4% of their revenue globally comes from EU citizens, then they could decide to wilfully flout GDPR and just pay the maximum fine every year. Another way they could deal with it is by disputing the EU-US privacy shield[1] or disputing the decision that overturned the original privacy safe harbour[2]. IANAL so I have no ide…

I keep reading this statement that Facebook sells personal data. Where is it stated that Facebook does this? Where is this fact of information defined?

My impression is FB allows targeted advertising without selling anything. In fact, why would FB sell their most valuable asset?

Re: Facebook’s tracking of non-users ruled illegal again in Europe

#297

Earlier quoted context omitted.

They are targeting companies from personal data protection-weak jurisdictions who want EU customers. To use your example, US has targeted companies from IP-protection-weak countries. Was it directly targeting China? I'd say not necessarily.

If they are targeting all companies in their jurisdiction, I have no problem with that.

The only people suggesting anything else were anti-EU commentators. Just like the £350m a week the UK supposedly sends to the EU.

Re: Facebook’s tracking of non-users ruled illegal again in Europe

#298

Earlier quoted context omitted.

> to grow their businesses Very much not an excuse. It's up to the business to work out how to do this within the law. > and reach customers If I am not a Facebook user I am not your customer.

It bears repeating that Facebook users aren’t their customers either. They are the product. It is even worse to be made into a product that FB sells when you aren’t even a FB user.

Tell that to credit agencies

Re: Facebook’s tracking of non-users ruled illegal again in Europe

#299

Earlier quoted context omitted.

You can simply use Google and check the facts out for yourself, it's common knowledge (children even learn this data in school in the EU). There were no sources in the comment I replied to either. Someone also replied with one of these sources. How can my argument be US centric when I'm European and have never even visited the US?

I was explaining why your comment was likely downvoted, it's clearly not common knowledge (hence the downvotes) and the fact someone else provided sources for you doen't absolve your comment from lacking them. > How can my argument be US centric when I'm European and have never even visited the US? You don't have to be from the US for your post to sound US centric. It sounds exactly like every other "USA is da best!…

> the fact someone else provided sources for you doen't absolve your comment from lacking them

The comment I replied to had no sources as well and yet it isn't downvoted.

> It sounds exactly like every other "USA is da best! The east is inferior in every way. We have zero problems."

Actually my comment says the exact opposite, it says that at least the western part of the EU is less corrupt than the US. Do you realize that I said the west [of EU], not the west as in the US? You're the one who is thinking US-centric after all, thinking that when someone says "the west" they mean the US even though it's in a sentence that talks about parts of EU, this possibility didn't even occur to me - that's how foreign it is to me.

Re: Facebook’s tracking of non-users ruled illegal again in Europe

#300
post #156

Earlier quoted context omitted.

Well then the site dies. Sites die all the time, why should Facebook be any different (on the long run of course)? If users want your service, they will pay for it. If they don't, well then your services is not needed.

Because that destroys a whole industry of sites that are not good enough for people to pay for them, but thanks to the economy of scale, they can create quality content (and a living out of it) anyways. Your claim that it is not needed is proven not true by the very existence of these sites. There are many blogs that are sole income of many people, this will now cease to exist. How is that a good thing? This argument…

A free market only ideally represents the needs of people if people in fact express their needs. Aggregating user data and using it without consent does not fit that model. There is no obvious reason to believe tracking users "represents the needs of people".
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