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It will make all the difference in a court case when you have specifically denied consent and someone has continued to do something. If you want to get pedanti
by rjd 14y ago
It will make all the difference in a court case when you have specifically denied consent and someone has continued to do something.
If you want to get pedantic about it just being text, all law is just text, books upon books, but its the enforcement that counts. This opens the door for enforcement of other laws.
- paulgb 14y agoYou're not denying consent, you're sending some non-standard bytes to their server which will be lost as soon as the request is processed. Without legislation, do not track is just an honor system.
- deleted 14y ago[deleted]
- rjd 14y agoI understand your point, but 'evil do-ers' break existing laws then this could be considered evidence. I'm fairy sure a mix privacy & contract laws in my country would hold companies subject to this as its stands if you didn't agree to allow them to do it in a EULA. Because if I'm not mistaken by accepting the request you are agreeing to contractual obligations... so the server has to accept your contract to engage in transactions... the server can choose to accept or deny this transaction... by default accepting the contract. Of course you would have a good defence against this a well, so agreed you'd need it standardised to make it a real threat against a company in court. Would be interesting to see played out in court TBH. Also if stances are made like this then changes will never manifest, because its close to useless now doesn't mean it won't become a foundation for something later.
- wpietri 14y agoYou're mixing levels of analysis here. You might as well say, "He didn't vote; he just used some sort of chemical-containing stick to make marks on a thin slice of a tree." Your point about legislation being needed would be stronger without that.
- paulgb 14y agoMy point isn't about levels of abstraction, it's about standardized communication protocols. Making marks on a thin slice of a tree conveys a vote exactly because that's what the government decided the way to make a vote would be. If I write my vote in hieroglyphic etchings on an old shoe and post it to the first lady, I can't expect my vote to be counted.
- wpietri 14y agoEffective communication is about what people agree on. Government recognition is one avenue for that, but it often follows the populace rather than leading it.
- notatoad 14y agoIs there any law that actually prevents tracking? It doesn't really matter whether you consent or not if it's legal either way.