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It will be funny watching the entire planet continue to ignore this. Edit: to clarify, a specification based on asking for something is a recipe for everyone t

by baz00 3y ago

It will be funny watching the entire planet continue to ignore this. Edit: to clarify, a specification based on asking for something is a recipe for everyone to ignore you. It's a design flaw. And if they fix that with a legal patch then it will just be moved out of the jurisdiction that the legal patch applies to.

esarbe 3y ago
It's just the same as "Keine Werbung" stickers on German letter boxes; you can ignore it, but it will get you fined. Most large companies would like to continue making business in Germany, so I expect this to have some impact.
literalAardvark 3y ago
There is no jurisdiction that the legal patch doesn't apply to. If you allow any citizens of the EU you're forced to fully comply with the gdpr or face legal action. It's illegal to cherry pick. You can require a checkbox with "I'm not a citizen of the EU and I'm not in the EU at the moment" to sign up, but that's going to cost you. If anything, a technological solution would be inferior. We're a rule of law world these days, not a motte and bailey world, and that's benefitted everyone except the moat diggers.
- tick_tock_tick 3y ago
  I think they are calling out how no one besides the really big multination's actually cares what the EU does and will just continue to ignore whatever rulings they make. Enforcement is always the biggest issue with these kind of laws and the EU has been taking a slow approach so people barely care.
  - Barrin92 3y ago
    >how no one besides the really big multination's actually cares the big multinationals are (by definition) the companies that predominantly serve the European market so the gains for the consumer and liability for the companies go hand in hand. Sure the Oklahoma Gazette isn't going to care but like three Europeans visit their homepage every ten years so it's not like it matters much in the first place. The actors you want to discipline are, like in this case, LinkedIn, Meta, Google, what have you. The sites that account for the overwhelming majority of traffic.
- hartator 3y ago
  > There is no jurisdiction that the legal patch doesn't apply to. I don’t think it applies to the US. The first amendment takes precedence over German laws. They can block access, but they can’t sue if there is no entity in Germany.
  - kstrauser 3y ago
    I’ve had this argument so many times. If I told a European that an American law applied to them, they’d correctly explain why that’s nonsense. When I tell them that a European law doesn’t apply to me, an individual running a website hosted entirely in California, I’m told I’m an arrogant American. I like the GDPR. I’m glad we have CCPA here. I’m also glad I’m entirely outside the GDPR’s jurisdiction and I’m not subject to it.
    - hartator 3y ago
      Yes, exactly. GDPR also includes restrictions of speech - you can’t talk about corruption convictions if they happen more then x years ago - that I wouldn’t mind the US going to war against Europe to shield these rights.
      - kstrauser 3y ago
        I agree (while clarifying that we're talking about a legal war, not a physical one, so bystanders don't need to come in and start yelling at us about it). I've had some luck in said arguments by pointing out that Chinese law forbids certain content, and asking if they abide by it. It's interesting to discuss why EU law should apply to non-EU hosts, but Chinese law should not apply to non-Chinese sites.
    - literalAardvark 3y ago
      Well, they'd be incorrect in any but the strictest sense. Whatever the US wants to enforce, gets enforced. The DMCA, for instance. And a small company might be able to ignore the gdpr, but the owners would still potentially get in potentially serious legal trouble. There are quite a lot of extradition treaties in the world. That being said, the EU has been very slow on gdpr enforcement so yeah, it's currently toothless.

by baz00 3y ago

esarbe 3y ago

It's just the same as "Keine Werbung" stickers on German letter boxes; you can ignore it, but it will get you fined. Most large companies would like to continue making business in Germany, so I expect this to have some impact.

literalAardvark 3y ago

There is no jurisdiction that the legal patch doesn't apply to. If you allow any citizens of the EU you're forced to fully comply with the gdpr or face legal action. It's illegal to cherry pick. You can require a checkbox with "I'm not a citizen of the EU and I'm not in the EU at the moment" to sign up, but that's going to cost you. If anything, a technological solution would be inferior. We're a rule of law world these days, not a motte and bailey world, and that's benefitted everyone except the moat diggers.

tick_tock_tick 3y ago
I think they are calling out how no one besides the really big multination's actually cares what the EU does and will just continue to ignore whatever rulings they make. Enforcement is always the biggest issue with these kind of laws and the EU has been taking a slow approach so people barely care.
- Barrin92 3y ago
  >how no one besides the really big multination's actually cares the big multinationals are (by definition) the companies that predominantly serve the European market so the gains for the consumer and liability for the companies go hand in hand. Sure the Oklahoma Gazette isn't going to care but like three Europeans visit their homepage every ten years so it's not like it matters much in the first place. The actors you want to discipline are, like in this case, LinkedIn, Meta, Google, what have you. The sites that account for the overwhelming majority of traffic.
hartator 3y ago
> There is no jurisdiction that the legal patch doesn't apply to. I don’t think it applies to the US. The first amendment takes precedence over German laws. They can block access, but they can’t sue if there is no entity in Germany.
- kstrauser 3y ago
  I’ve had this argument so many times. If I told a European that an American law applied to them, they’d correctly explain why that’s nonsense. When I tell them that a European law doesn’t apply to me, an individual running a website hosted entirely in California, I’m told I’m an arrogant American. I like the GDPR. I’m glad we have CCPA here. I’m also glad I’m entirely outside the GDPR’s jurisdiction and I’m not subject to it.
  - hartator 3y ago
    Yes, exactly. GDPR also includes restrictions of speech - you can’t talk about corruption convictions if they happen more then x years ago - that I wouldn’t mind the US going to war against Europe to shield these rights.
    - kstrauser 3y ago
      I agree (while clarifying that we're talking about a legal war, not a physical one, so bystanders don't need to come in and start yelling at us about it). I've had some luck in said arguments by pointing out that Chinese law forbids certain content, and asking if they abide by it. It's interesting to discuss why EU law should apply to non-EU hosts, but Chinese law should not apply to non-Chinese sites.
  - literalAardvark 3y ago
    Well, they'd be incorrect in any but the strictest sense. Whatever the US wants to enforce, gets enforced. The DMCA, for instance. And a small company might be able to ignore the gdpr, but the owners would still potentially get in potentially serious legal trouble. There are quite a lot of extradition treaties in the world. That being said, the EU has been very slow on gdpr enforcement so yeah, it's currently toothless.