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Not a lawyer, but to my knowledge, GDPR does not care if something technically "can be blocked" with some effort. It cares if there was clear, voluntary consent

by xg15 5y ago

Not a lawyer, but to my knowledge, GDPR does not care if something technically "can be blocked" with some effort. It cares if there was clear, voluntary consent to share a particular bit of data - which wasn't the case here.

marcus_cemes 5y ago
I'm not either, and neither are most developers. My takeaway from this is GDPR doesn't care, leaked data is leaked data. I'm just worried about this implications this will have for non-malicious intent that the internet has evolved to use over time. Perhaps this is for the better, but I fail to see that future at the moment.
- xg15 5y ago
  But we have enough evidence that there is a lot of malicious usage taking place - so I think this is sort of justified.
2ion 5y ago
Then GDPR should blame the browser vendors for shipping with JS execution enabled by default and demand that JS execution for all browsers be turned off by default. To repaint the stories spun by the grand parents: If I hold up a dagger and announce the fact, why would you run into the dagger anyway without protection? Put on some armor, dude. The client browser had all the information it needed to not make the request (geolocation, external resource, purpose of external resource) and yet it did. I know this is just shifting blame but it's also a good argument for returning HTTP 451 to EU clients and be done with it.
- npteljes 5y ago
  >If I hold up a dagger and announce the fact, why would you run into the dagger anyway without protection? Put on some armor, dude. Let's say I'm dumb, and I run into the dagger that you're holding. The case is then investigated by the law enforcement. Who do you think they'll blame? Would I be deemed guilty, and would my crime be not having armor on?
- goodpoint 5y ago
  No, this is not how informed consent works.
- xg15 5y ago
  Would you serve users who have disabled JavaScript? > If I hold up a dagger and announce the fact, why would you run into the dagger anyway without protection? Put on some armor, dude. That's really your position? If people get stabbed, it's their fault, everyone should just put on armor when they leave the house?

by xg15 5y ago

marcus_cemes 5y ago

I'm not either, and neither are most developers. My takeaway from this is GDPR doesn't care, leaked data is leaked data. I'm just worried about this implications this will have for non-malicious intent that the internet has evolved to use over time. Perhaps this is for the better, but I fail to see that future at the moment.

xg15 5y ago
But we have enough evidence that there is a lot of malicious usage taking place - so I think this is sort of justified.

2ion 5y ago

Then GDPR should blame the browser vendors for shipping with JS execution enabled by default and demand that JS execution for all browsers be turned off by default. To repaint the stories spun by the grand parents: If I hold up a dagger and announce the fact, why would you run into the dagger anyway without protection? Put on some armor, dude. The client browser had all the information it needed to not make the request (geolocation, external resource, purpose of external resource) and yet it did. I know this is just shifting blame but it's also a good argument for returning HTTP 451 to EU clients and be done with it.

npteljes 5y ago
>If I hold up a dagger and announce the fact, why would you run into the dagger anyway without protection? Put on some armor, dude. Let's say I'm dumb, and I run into the dagger that you're holding. The case is then investigated by the law enforcement. Who do you think they'll blame? Would I be deemed guilty, and would my crime be not having armor on?
goodpoint 5y ago
No, this is not how informed consent works.
xg15 5y ago
Would you serve users who have disabled JavaScript? > If I hold up a dagger and announce the fact, why would you run into the dagger anyway without protection? Put on some armor, dude. That's really your position? If people get stabbed, it's their fault, everyone should just put on armor when they leave the house?