3 ms·

I'm a bit confused by this, because it's saying that the Irish DPC found behavioral advertising to be illegal. I thought that decision was just about the use of

by jsnell 3y ago

I'm a bit confused by this, because it's saying that the Irish DPC found behavioral advertising to be illegal. I thought that decision was just about the use of standard contractual clauses for copying data to the US. Was there another decision on this as well, or was the scope of that decision wider than was reported? I also don't see how the CJEU decision is saying anything about whether Meta's behavioral advertising currently complies to GDPR or not. It's saying that they can't justify the data processing via legitimate interest, and it's saying that just the mere fact of using Facebook or websites isn't consent. But isn't Facebook explicitly asking for consent these days?

spacebanana7 3y ago
> But isn't Facebook explicitly asking for consent these days? Consent is a difficult term in software these days, because it's almost entirely driven by UX and legislation. With a default yes checkbox and ToS buried in a link most users would sign away a lifetime of indentured servitude. With a per item consent over the telephone from an operator with an overseas accent, most consumers would reject life saving medicine and vaccines because of a 1 in billion risk of an exotic harm.
- jsnell 3y ago
  Sure, I'm not talking about an opt-out form hidden in a basement lavatory with a "beware the jaguar sign" on the door. Does Facebook really not have a standard consent prompt on first interaction with the site or the apps, requiring an explicit choice rather than defaulting, and with the same level of friction (single click) for consenting / not consenting?
  - spacebanana7 3y ago
    I imagine they have such prompts and opt outs as minimally required by local regulations, but the problem of consent still exists. Most users have no idea what cookies or behavioural advertising are and therefore can't give informed consent. It's a hard problem because policymakers (including Apple) are put into a position of making the decision for large groups of people. However, those policymakers have their own interests. Through a series of court cases and legislation, it's been decided that copyright and content moderation policies are okay to bury in ToS style documents but large parts of privacy policies aren't. I don't enjoy this status quo but it's hard to come up with a politically viable alternative.

by jsnell 3y ago

spacebanana7 3y ago

> But isn't Facebook explicitly asking for consent these days? Consent is a difficult term in software these days, because it's almost entirely driven by UX and legislation. With a default yes checkbox and ToS buried in a link most users would sign away a lifetime of indentured servitude. With a per item consent over the telephone from an operator with an overseas accent, most consumers would reject life saving medicine and vaccines because of a 1 in billion risk of an exotic harm.

jsnell 3y ago
Sure, I'm not talking about an opt-out form hidden in a basement lavatory with a "beware the jaguar sign" on the door. Does Facebook really not have a standard consent prompt on first interaction with the site or the apps, requiring an explicit choice rather than defaulting, and with the same level of friction (single click) for consenting / not consenting?
- spacebanana7 3y ago
  I imagine they have such prompts and opt outs as minimally required by local regulations, but the problem of consent still exists. Most users have no idea what cookies or behavioural advertising are and therefore can't give informed consent. It's a hard problem because policymakers (including Apple) are put into a position of making the decision for large groups of people. However, those policymakers have their own interests. Through a series of court cases and legislation, it's been decided that copyright and content moderation policies are okay to bury in ToS style documents but large parts of privacy policies aren't. I don't enjoy this status quo but it's hard to come up with a politically viable alternative.