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Germany vs. Facebook: Like Button Declared Illegal, Sites Threatened With Fine
- coderdude 15y agoIt's always funny when a little country like Germany or France wants to "ban the Internet" or something. It's kind of cute. Edit: Man, I sure have offended a lot of people. I really didn't mean to make it seem like you're insignificant, or that the decisions you make are ridiculous and not well thought out when it comes to the Web. I think you guys are doing a great job! Keep up all this good work and maybe one day we'll relinquish our control of the root name servers over to you.
- drzaiusapelord 15y agoLittle? Germany is one of the world's massive economies. Whats cute is Americans who think regulating business is something we should never do and privacy laws are bullshit. Sorry, but it looks like the rest of the world isn't so lassiz-faire.
- coderdude 15y agoLittle as in its size and population, as well as how no one cares what Germany does with their Internet (except for Germans, of course). What's really cute is how people whine about privacy but use the Web. Two things that clash entirely at a fundamental level (the client-server model).
- maigret 15y agoPrivacy laws are actually mainly EU wide, which represents more than 300 millions people. Now you could say the US is little compared to China and India, but does it bring much value to the discussion?
- arethuza 15y agoEU population is actually over 500 million http://en.wikipedia.org/wiki/European_Union http://en.wikipedia.org/wiki/European_Union
- maigret 15y agoSo my statement is still valid ;) Thanks for the correction! Think I mixed up things in my memory with the Eurozone, should have checked it.
- tzs 15y agoNot all privacy laws are bullshit...but this one sure seems to be. The "Like" button (and the "1+" button, and the buttons to submit to Reddit, HN, and the like, which would all be covered) are completely optional for the visitor to the site. They don't have to click them unless they want to. The same argument they are using against these buttons applies to off-site hyperlinks in general. Are those going to be banned in the name of privacy?
- potatolicious 15y agoThe "Like" button is not a hyperlink. A hyperlink doesn't reveal your identity to the target site unless you click on it - the Like button will ping Facebook about your presence even if you don't click. So yes, there are major legitimate privacy concerns about this. I'd hope you weren't aware of this, otherwise this would be an incredibly disingenuous argument to make.
- blauwbilgorgel 15y agoI thought the same in my previous comment, but after a bit of searching, the Like button is not optional at all. It is capable of tracking both logged-in Facebook users and even users that don't have a Facebook account. It sets a cookie without you clicking it. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1717563 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1717563 Scenario: The web user does not have a Facebook account ... after visiting a web site on which Facebook Connect has been implemented, the request for the Like button includes a cookie. This cookie has an expiration date two years from the moment it was issued. However, by browsing across web sites, additional cookies can be placed on the user's computer and these can be added later on in new requests.
- tzs 15y agoOK, I see that it is not equivalent to a link, because it loads stuff even if you don't click it. However, is it any worse than an off-site image, or an off-site JavaScript? Those both contact a third-party server. For instance, if I use MathJax on my site, downloaded via a script tag that points to cdn.mathjax.org, would I get in trouble in Europe?
- BasDirks 15y agoIt's so cheap to use something like this to vent your feelings of superiority. Also "ban the internet or something" doesn't really work for me as meaningful analysis. Clearly similar legislation and the clash of internet ideals vs bureaucracy is not at all limited to "us Euro-trash" wink.
- coderdude 15y agoThis was certainly not about feelings of superiority. It was more about how every now and then we hear about some country somewhere wanting to do ridiculous things like ban a widget and fine you 50,000 euros if you have it on your site. That doesn't sound retarded to you?
- potatolicious 15y agoThe same way "some country" wants to do "ridiculous things" like fine you six-figures for downloading a MP3?
- coderdude 15y agoMmm... sort of. But you're really stretching it there. I get your point and yeah of course that's totally stupid, but it's also somewhat irrelevant. They both have to do with enormous fines for small infractions and they both have to do with the Web. I said in another comment that it doesn't matter who is doing something stupid -- it's still stupid. But this article wasn't about copyright law in the United States. I make the same comments in those threads as well. Only since this one is about Germany being retarded, they get the special treatment.
- BasDirks 15y agoIf you take the time to put it like this, I would not object, in fact I upvoted you.
- maigret 15y agoMany germans use local mail providers because providers are legally constrained to handle user data better than US providers. EU privacy laws are not such a bad thing. Of course sometimes they are very local judgements happening that makes the news, but that's not like that never happens in the US... Amazon and Texas, does it tell you something?
- coderdude 15y agoI think you make a good point. What I said also applies when one of our states makes the same kind of decision. I think it's dumb when Texas does weird stuff like this too, for example.
- rapala 15y agoThose are probably the worst two countries to choose as an example. Germany and France have a huge influence on the EU.
- Luc 15y agoTrolling is not cool, man.
- Permit 15y agoThis seems a bit too much for me, personally. Does Germany take issue with Google Analytics as well? They take all kinds of data about users and send it back to US servers. If I was hosting a site in Germany, I'd probably tend to switch hosting before I removed the "Like" button from my website.
- tst 15y agoYes: http://thenextweb.com/eu/2011/01/13/german-google-analytics-users-could-face-fines-in-privacy-row/ http://thenextweb.com/eu/2011/01/13/german-google-analytics-... However, I've never heard of someone paying this fine.
- maigret 15y agoGoogle Analytics was on a grey zone until this year, it seem to have taken some modification to conform the local law.
- icebraining 15y ago>Does Germany take issue with Google Analytics as well? I hope so. Subjecting users to tracking by Google without their consent (you have no way to know that website X is tracking before it does) seems very abusive to me. Nothing prevents webmasters from installing tracking software on their own servers.
- deleted 15y ago[deleted]
- sarnowski 15y agoAs already mentioned, Google Analytics also had to reduce the data send to US servers. It is (more or less) forbidden to generally log IP addresses now (the big web hosters already anonymize their log files - the default apache logfile format is somehow illegal in Germany now). I am german myself and fully agree with the privacy enforcing people in Germany and EU. Everytime you visit a website where someone added a Like button a whole set of tracking data will be submitted to US servers without a chance for me to forbid this. (Never saw a message "Is it ok for you that I load the Facebook Like button where your data will be transmitted to Facebook?") And after Facebook has a nearly complete profile over my web activities (every 2nd page already has a Like button) practically the US government also has all those data (edit: for fairness: everyone who pays for the data too)
- nettdata 15y agoI like this.
- Creyels 15y agoThe article is kind of misleading. After reading the original FAZ article (I am german and a site owner) I learned that because Weichert is the head of the Independent Centre for Privacy Protection of the northern German state of Schleswig-Holstein, he only has the competence to threat site owners within "Schleswig-Holstein" (Population: 2,8mio).
- ugh 15y agoWith only a few exceptions, privacy and data protection is handled on the state (or Länder) level in Germany. (One exception to this is the federal government and its data protection.) He would have to convince his fifteen colleagues to make this a Germany-wide thing. Handling this on the federal level is not even possible in Germany, the federal data protection appointee has nothing to say about such matters.
- consonaut 15y agoBut the TMG as well as the BDSG are federal laws and after reading his paper I would agree with his view of them. It would only take someone to go to their local data protection supervisor (Datenschutzbeauftragten) and complain about being tracked by the facebook like button on a site hosted in germany, the data protection supervisor would have to issue a fine (if he agrees with that interpretation of the law) and it would go to court, since the owner of the website would naturally dispute it. Difficult to say how the court would rule.
- ugh 15y agoThose data protection appointees (and the people who are working for them) are the enforcement arm of the data protection laws. The laws are not (only) enforced by the police but by specialized offices – just like tax law (with the tax office and tax investigators) or food law (with food inspectors). This is like the police (which is organized in a similar way) in Bavaria deciding to enforce a federal law in a certain way. Whatever the police in Bavaria decides to do doesn’t have to have any consequences for the police in other states. (Suffice it to say, the police in other states isn’t going to be very happy when they hear about the Bavarian police interpreting a law in an odd way.) It’s the courts that have to decide in the end what is correct and incorrect enforcement.
- philp 15y agoThe situation is actually quite a bit different from what was presented in the siliconfilter article. I looked into a couple of more established local media outlets and it turns out that this fine does not apply to all of Germany. Mr. Weichert strictly targets sites from Schleswig-Holstein ( Population: 2,8M ). This is the only state where he has 'some' legislative power and it remains to be seen how we would be able to target sites from his specific district. I'm sure you can appreciate the technical difficulty. This is also not a new law but a highly controversial interpretation of existing privacy law. There is a tremendous backlash and open opposition coming from high-ranking German politicians regarding this fine. All in all the whole thing looks more like a PR-stunt, it's highly unlikely that website-owners will ever be fined in the near future for Facebook buttons.
- philp 15y agoI'm German btw. Don't want anybody to think I learned that gruesome language for the fun of it...
- tluyben2 15y agoI'm not German, I learned that great language for the fun of it. I wanted to be able to read "Über formal unentscheidbare Sätze der Principia Mathematica und verwandter Systeme, I." after I read Gödel, Escher, Bach when I was in college. And read Böll untranslated. Much better than the English versions imho.
- philp 15y agoWow impressive, glad you like the German language :) How do you read Bach though? Is there a notable German Bach other than the composer? What am I missing?
- shabble 15y agoPossibly this: https://secure.wikimedia.org/wikipedia/en/wiki/G%C3%B6del,_Escher,_Bach https://secure.wikimedia.org/wikipedia/en/wiki/G%C3%B6del,_E... (That is, the book "Gödel, Escher, Bach: An Eternal Golden Braid" by Douglas Hofstadter)
- josscrowcroft 15y agoThis seems like one of those "Oh man, what a crazy country!" stories - and sure, the €50,000 file is pretty nuts - but the more I read about it, the more I think that challenging one company's dominance is potentially a good thing. If nobody ever speaks up and says "Hey, hang on - how much info are we giving them, really?" it'd be far too easy for companies to take advantage.. Having said that ... this won't stick. By this virtue, sites would have to remove G+ buttons too, and Google Analytics (which profiles 'anonymous' users even more heavily than FB)
- nextparadigms 15y agoThat might be the key difference. Analytics profiles "anonymous" users.Facebook knows exactly who you are.
- sarnowski 15y agoI guess if you use a gmail account, a g+ account or some other google account all the tracking stuff can be connected to you.
- philp 15y agoBeing German I have to say I really appreciate my countries concern with privacy. ( Despite this rather ridiculous attempt to protect it ) The mega-corporations that are hoarding our data have a habit of being as in-transparent about privacy as possible ( Google excluded, maybe ). Government entities are in a unique position to enact legislation that levels the playing field and puts consumers back in charge of their data. I'm hopeful that future generations will demand unrestricted control over their personal data as a basic human right.
- blauwbilgorgel 15y agoHow do you see the difference between Opt-in and Opt-out? For example, I never asked for Google Streetview to photograph my property, so in that sense they might have violated my privacy. But clicking a Like! button is like giving implicit approval to send some relevant data to Facebook. If you were a German Facebook fan, would this law make it impossible to place a Like! button on your own site, when you and your visitors clearly want it? Is it possible to voluntarily wave away the right to privacy or is it really an all-or-nothing deal? Edit: It seems that you get logged without ever clicking the button, or lack a Facebook account... The paper "Facebook Tracks and Traces Everyone: Like This!" mentions 3 valid privacy violations by Facebook. informational self-determination: the individual should be able to decide which data are disclosed to whom and for what purpose. contextual integrity: data has to be treated according to the norms applicable to the context in which the data was disclosed. data transfer without consent: data should not be transferred to another context without the individual's consent Abstract: [the Like button] is also used to place cookies on the user’s computer, regardless whether a user actually uses the button when visiting a website. As an alternative business model this allows Facebook to track and trace users and to process their data. It appears that non-Facebook members can also be traced via the Like button. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1717563 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1717563 Ah, well. Back to a custom Facebook Share button for me.
- Atropos 15y agoI'm from Germany and I'm currently writing a dissertation (similiar to PhD) on data protection law. My take on the situation: 1) Are the european data protection laws "perfect" or reasonable? No, they can't be, the most relevant directive is from the year 1995. 2) Do Google or Facebook comply with the European data protection standard? No way. Do they even try? No. There is something called the "Safe Harbor Directive" (http://en.wikipedia.org/wiki/Safe_Harbor_Principles http://en.wikipedia.org/wiki/Safe_Harbor_Principles) which Facebook and Google have declared to uphold. However they "self-certify" and in reality it is more like a "scam". For example Facebook is boasting about a "TRUSTe" certificate, which is practically a joke.(http://en.wikipedia.org/wiki/TRUSTe http://en.wikipedia.org/wiki/TRUSTe) However the story about the 50,000€ fine is just for publicity. Google has lost cases in civil court against consumer protection agencies about their privacy policy, but to date there has never been a fine by a government agency. Furthermore just because the law says "up to 50,000" as a maximum sentence doesn't mean you could realistically go that high.
- jpiasetz 15y agoI'm all for stronger privacy laws however banning analytics and forcing Google to pixelate houses does more harm then good. Laws like that give people a false sense of privacy. House is still visible from the street and private info can still be tracked online. Privacy advocate should focus on education and making sure it's explained what is shared with who. If it's clear what you're sharing by signing up to a service and everyone understand what that means we would all be better off.
- jonalexr 15y agoI was thinking about this a couple of days ago - with Like buttons appearing all over the internet, Facebook has the ability to log what sites you visit, when you visit them, etc. Question is, do they? To what extent?
- Tichy 15y agoOf course they do. To the maximum extent they can manage. As the saying goes: if you are using a web service for free, you are not their customer, you are their product (or something like that).
- icebraining 15y agoPaying is irrelevant. How many websites hide the FB buttons if you subscribe to them?
- Tichy 15y agoI meant you don't pay for Facebook. Facebook is collecting the data, not the sites who add the Like button.
- finiteloop 15y agoThe purpose of the Like button is to enable you to share stuff back to Facebook when you click on it. We anonymize all logging data collected as a byproduct of serving the Like button and other social plugins within 90 days of their collection. See https://www.facebook.com/help/?faq=186325668085084 https://www.facebook.com/help/?faq=186325668085084. Bret Taylor CTO, Facebook
- sneak 15y agoWhat happens within that 90 days? Why not anonymize it within 90 seconds?
- deleted 15y ago[deleted]
- sp332 15y agoActually, doesn't the JS in the (official) embed code send that data to Facebook even if you don't click the button? source: http://sharemenot.cs.washington.edu/Overview.html http://sharemenot.cs.washington.edu/Overview.html
- Perceval 15y agoWhy is Schleswig-Holstein always causing Europe problems? Shouldn't they have learned their lesson? http://en.wikipedia.org/wiki/Schleswig-Holstein_Question http://en.wikipedia.org/wiki/Schleswig-Holstein_Question
- tomjen3 15y agoThe lesson no longer applies. After two world wars, europe has no stomach left for more.
- hussong 15y agoJeff Jarvis went ahead and talked to Facebook to get some background on the issue: http://www.buzzmachine.com/2011/08/19/disliking-like-in-germany/ http://www.buzzmachine.com/2011/08/19/disliking-like-in-germ...
- deleted 15y ago[deleted]
- vacri 15y agoIn Germany there is a big misconception of the internet. There are few politicians anywhere who do understand the internet.
- bugsy 15y agoIt's not a Like button, it's a privacy invading web tracker in the guise of a Like button, a disguise intended to colonize by trickery. Germany's actions are the right thing to do.
- notahacker 15y agoWorse than Google Analytics, ad networks loading graphics on remote sites, tracking cookies, or any other form of remote tracking system that's been around since the emergence of the commercial web and arguably is part of its design?
- mtogo 15y agoIf you're worried about this kind of tracking, install the Ghostery addon for Firefox, Safari, or Opera. It blocks like buttons, +1 buttons, google analytics, kissmetrics, and a few hundred other trackers.