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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

#81
post #13
post #2

>“The cookies and pixels we use are industry standard technologies and enable hundreds of thousands of businesses to grow their businesses and reach customers across the EU,” said Facebook’s VP of public policy for EMEA If it is "industry standard", does that make it ethical?

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…

I don't think many of their competitors have the same reach as Facebook. Nowadays sites have social plugins to allow their customers to "share" content. This in turn adds the problematic cookie/pixel.

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

#82
post #2

>“The cookies and pixels we use are industry standard technologies and enable hundreds of thousands of businesses to grow their businesses and reach customers across the EU,” said Facebook’s VP of public policy for EMEA If it is "industry standard", does that make it ethical?

> ethical? Yes, tracking cookies is ethical. If some internet users do not want to get tracked - they can run their browser in Incognito Mode.

This is inconvenient and disables other functionality.

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

#83
post #13
post #2

>“The cookies and pixels we use are industry standard technologies and enable hundreds of thousands of businesses to grow their businesses and reach customers across the EU,” said Facebook’s VP of public policy for EMEA If it is "industry standard", does that make it ethical?

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…

Whataboutism isn't an argument... if you're going to start somewhere, you have to start with someone, especially in civil court. Setting precedents will open up other websites to lawsuits

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

#84
post #41

Earlier quoted context omitted.

It's a matter of priorities as well. There's hardly funding to prosecute everyone that breaks any sort of law. So you aim for the big fish. Many more are "hurt" by FB's practices than some random other small player. In that sense, FB is committing the larger crime.

Picking the large foreign company is always an easy target, it can easily lead to protectionism: enforce laws on the outsiders but not the insiders. China is an extreme case of this: foreign companies must walk on egg shells while domestic companies are able to easily break laws now and ask for forgiveness later if the party decides to crackdown.

You are suggesting that the EU is picking on the outsiders. However, do you have any proof of that? For example, if you look at fines handed out by the EU, some of the largest ones concern companies from the EU:

https://www.cnbc.com/2017/06/27/the-largest-fines-dished-out...

If you look at EU court decisions concerning privacy, you see that it mostly concerns European companies and government bodies (e.g. people storing their fingerprints being stored for passport applications). Those cases just don't get as much exposure in the US:

https://ec.europa.eu/anti-fraud/sites/antifraud/files/casela...

Another factor here may be that EU companies generally stick more to privacy rules, because it is easier to get sued directly by their citizens. E.g. in Germany many institutions and companies are paranoid when it comes to privacy and go out of their way to avoid lawsuits.

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

#85
post #22
post #21

Earlier quoted context omitted.

Perhaps there should be a central clearinghouse for people who don't want to be tracked by certain sites. How can you tell facebook to not track you without a facebook account? The best you can do is block various known IPs or other patterns which are bound to change over time.

>How can you tell facebook to not track you without a facebook account? That's the wrong question to ask. You shouldn't have to tell it not to track you. That shouldn't be able to do it, unless you explicitly tell them "hey you can track me."

You're the one in control of your browser. You know it's side effects when you load pages.

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

#86
post #13
post #2

>“The cookies and pixels we use are industry standard technologies and enable hundreds of thousands of businesses to grow their businesses and reach customers across the EU,” said Facebook’s VP of public policy for EMEA If it is "industry standard", does that make it ethical?

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…

That leads to writing a law for every little technological innovation, which is an arms race legislators can't possibly win. Prosecuting a corporate body for violating a general principle sends a clear signal to other market players using an unethical tactic: comply or you're next.

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

#87
post #51

Earlier quoted context omitted.

This law has to be enforced somewhere first. Either it is enforced against Facebook first, and Facebook complains "Why don't all of the the small fries have to do it yet" and if it is enforced against the small fries, they will say, "Why doesn't Facebook have to do it yet"? And the answer is, the justice department will probably enforce the law in the way that the expect to have the best effect for themselves. It is…

That’s not typically how things usually work. When a government agency (think IRS or FAA) decides on a specific interpretation of a law, rule or regulation, they don’t go after a random guy to prosecute. They publish an opinion, a guideline, or interpretation and a compliance deadline. The industry is given a choice to comply or present an alternative interpretation (through courts, lobbyists or legislative represent…

Europe hews to somewhat different legal and administrative philosophies from the US, and I don't think the EU is any more corrupt than the US, arguably less so. This subject is discussed very well in a favorite little book, Adversarial Legalism by Robert Kagan.

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

#88
post #41

Earlier quoted context omitted.

It's a matter of priorities as well. There's hardly funding to prosecute everyone that breaks any sort of law. So you aim for the big fish. Many more are "hurt" by FB's practices than some random other small player. In that sense, FB is committing the larger crime.

Picking the large foreign company is always an easy target, it can easily lead to protectionism: enforce laws on the outsiders but not the insiders. China is an extreme case of this: foreign companies must walk on egg shells while domestic companies are able to easily break laws now and ask for forgiveness later if the party decides to crackdown.

[deleted]

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

#89
post #77

Earlier quoted context omitted.

You add in the word "foreign" for no apparent reason. What makes you think the EU is targeting FB for being American? I see no proof of this. Size, sure, but the EU also has many regulations for the internal market. For example, we actually have net neutrality, and there's now regulations to limit roaming charges.

The argument they’ve made is that they are targeting FB and not their competitors. If true, it has many possible abusive implications, one of the common ones being protectionism. It might not be that, but it is a huge red flag that it could be that.

It's easy to level accusations and then back off justifying by saying it's just a possibility.

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

#90
post #50

One of the good things about HN is that the engineers working and building these features are likely reading these posts too, I'm curious how one implements these things. Are engineers (some of the brightest ones) not realizing that some of their actions are ethically questionable, or is the big picture not visible to the average engineer in a large company like FB? I assume that many have the exact same reaction and…

Afaik software will be sane untill Lawyers and Finance execs are involved. Once they are into your company no more great software.

Zuckerberg is/was an engineer.
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