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Yeah, that's exactly the agency argument. It's not as if the plaintiff's browser is actually under control of the defendant, a user agent is not forced to follo
by 7373737373 5y ago
Yeah, that's exactly the agency argument. It's not as if the plaintiff's browser is actually under control of the defendant, a user agent is not forced to follow the instructions that are contained in a website it requested on behalf of its user.
- Jon_Lowtek 5y ago> a user agent is not forced to follow the instructions Luckily! A large german media corporation called "Springer" has for years, and is still, unsuccessfully trying to get the courts and politicians to rule that users can not manipulate web content and must run it as intended, as changing it would violate copyright and is a sabotage of their program. And i bet they aren't the only ones globally. Also: how many devices are locked down and can only run code as it is provided by trusted third parties? Try installing an ad-blocker on a smart-tv or a playstation.
- maratc 5y ago> not forced to follow the instructions Again, you're talking about an opt-out. GPDR (the law) requires an opt-in.
- 7373737373 5y agoI don't think forcing each and every single website provider to implement their own consent forms is the right approach to regulating this. User agents should have the ability to convey and enforce privacy preferences on behalf of the user, and website providers should be legally required to comply with these if possible (or refuse service if not). But requiring ever more complex, explicit and custom opt-in consent forms for various provider, third party and user jurisdiction combinations is just inane.
- maratc 5y agoThere are two options to do what's required by the law: either A. not sending users' personal data to third parties; or B. receive informed consent from the users before sending their personal data to third parties. If the option B seems unwanted for some reason (any reason), there is still option A. Implementing a different solution (that breaks the law) has consequences.
- 7373737373 5y agoThere's a difference between data sent to the website provider (and through it, indirectly to third parties), and interactions between the browser and third parties. The linked ruling forces the provider to ask the user for consent for third parties (even though the provider has nothing to do with the interaction!), instead of mandating a direct opt-in interaction between the user (agent) and third parties. Imagine embedding many social media sites. Instead of forcing the social media sites or browser vendors to create embeddings that ask for consent themselves, the website provider has to ask for consent on behalf of all external sites before loading any content. As a web developer, this is a nightmare.
- maratc 5y ago> even though the provider has nothing to do with the interaction I beg your pardon, but in this case "the provider" (website) has directly sent the user's browser to a third party (google fonts) by including an instruction in the code (HTML) that the provider has sent to the user's browser. The browser did not decide to contact google fonts all by itself; it was directed to do so by the provider. Arguing the provider "has nothing to do with the interaction" looks a bit disingenuous to me.
- 7373737373 5y agoI don't think you get the agency argument. Of course the request to the third party provider is causally related to the website sending the instructions. But while that is necessary for it to happen, it is not sufficient. The user agent's execution, on behalf of the user, makes it happen.
- ratww 5y agoConsent forms are not required, just host the font. They are also way more expensive and complicated to implement than self-hosting fonts. Asking for consent over usage of third-party fonts borders on pettiness from the website owner. > User agents should have the ability to convey and enforce privacy preferences on behalf of the user, and website providers should be legally required to comply with these if possible (or refuse service if not). The burden of respecting privacy choices in every single other case (data in the backend, data shared with partner, paper data) is already with the website. Every non-privacy-respecting implementation in the frontend is made by website owners. Keep in mind that sometimes websites don't work with blocking other stuff, or are more difficult to use when blocking fonts (Google Material). So this is not even a practical suggestion.
- shukantpal 5y ago> Again, you're talking about an opt-out. GPDR (the law) requires an opt-in. It is opt-in. You decided to use a browser that implements the full HTML spec. Just use a basic browser.
- maratc 5y ago"Your honor, the victims of my ransomware attack decided to use a modern CPU to run my code. The attack would not have succeeded have the victims used Z-80, so there's no one to blame but the victims themselves."
- shukantpal 5y agoYeah like when you use a browser no where did you literally cause & consent to loading and running stuff. False analogy. Ironic that people use this line of reasoning to defend ad blockers (I'm responsible for whatever software I run) but then use the opposite argument when they don't like what the software does.
- ratww 5y ago> It's not as if the plaintiff's browser is actually under control of the defendant In theory and in practice it is, though. The browser viewport, by executing remote code, is in fact under control of the defendant's website. Most websites are closed-source. The "instructions" are not available to the customer.