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Re:Facebook’s tracking of non-users ruled illegal again in E... by derefr on Sunday March 04, 2018 @09:19PM (#16518228)
I think the implication is more, "why are you only paying attention to us? If you think this is a bad practice, then you should be going after our competitors, too."

Corporations tend not to mind if you take away a business strategy of theirs, as long as you take it away from everybody else at the same time. If you only take it away from one corporation, that corporation will be temporarily outcompeted by the corporations you haven't yet taken the business strategy away from, so they heavily resist that.

Re:Facebook’s tracking of non-users ruled illegal again in E... by colmvp on Sunday March 04, 2018 @09:55PM (#16518391)
Funny. If your site drops dramatically on Google's search results, or if YouTube/Facebook bans your account for reasons, tough luck. They are a corporation and can do whatever they want without resorting to any sort of internal consistency.

But heaven forbid governments hold a dominant corporation accountable in the public interest.

Re:Facebook’s tracking of non-users ruled illegal again in E... by EggsOnToast on Sunday March 04, 2018 @10:44PM (#16518590)
>Funny. If your site drops dramatically on Google's search results, or if YouTube/Facebook bans your account for reasons, tough luck. They are a corporation and can do whatever they want without resorting to any sort of internal consistency.

That's not really relevant to the parent's observation that Facebook is likely arguing that they're being singled out in an environment where their practices are so rampant as to be standard.

>But heaven forbid governments hold a dominant corporation accountable in the public interest.

"accountable to the public interest" is an incredibly disingenuous way to say "enforce their laws". The difference matters in this context because the counter argument would be "why is the law being enforced predominantly against a handful of American companies instead of the industry at large?"

Re:Facebook’s tracking of non-users ruled illegal again in E... by ludston on Sunday March 04, 2018 @11:38PM (#16518758)
This law has to be enforced somewhere first.

Either it is enforced against Facebook first, and Facebook complains "Why don't all of the the small fries have to do it yet" and if it is enforced against the small fries, they will say, "Why doesn't Facebook have to do it yet"?

And the answer is, the justice department will probably enforce the law in the way that the expect to have the best effect for themselves. It is not necessary to wait until you are sued before you become legally compliant?

Re:Facebook’s tracking of non-users ruled illegal again in E... by prostoalex on Monday March 05, 2018 @12:15AM (#16518913)
That’s not typically how things usually work.

When a government agency (think IRS or FAA) decides on a specific interpretation of a law, rule or regulation, they don’t go after a random guy to prosecute. They publish an opinion, a guideline, or interpretation and a compliance deadline. The industry is given a choice to comply or present an alternative interpretation (through courts, lobbyists or legislative representatives).

It’s one thing if one company out of a hundred doesn’t comply, and somewhat different when the standard industry practice goes against new interpretation.

Selective encorcement is more typical of countries with weak judicial systems and endemic corruption, where “friends” of the current government get compassionate understanding, but everybody else is subject to the strict rule of the law.

Re:Facebook’s tracking of non-users ruled illegal again in E... by anigbrowl on Monday March 05, 2018 @02:03AM (#16519292)
Europe hews to somewhat different legal and administrative philosophies from the US, and I don't think the EU is any more corrupt than the US, arguably less so. This subject is discussed very well in a favorite little book, Adversarial Legalism by Robert Kagan.
Re:Facebook’s tracking of non-users ruled illegal again in E... by mseebach on Monday March 05, 2018 @07:50AM (#16520669)
I don't think corruption is the worry so much here, it's the erosion of the rule of law when regulators and courts are seen to bask in the popularity of enforcing the law against certain high-profile targets, especially when the perception is that this target has been particularly zealously pursued, instead of dryly and boringly applying the law equally to everybody without passion.

That erosion is not corruption on its own, but can lead to it.

Re:Facebook’s tracking of non-users ruled illegal again in E... by mykull on Monday March 05, 2018 @10:14AM (#16521537)
Facebook, being huge and hugely invasive, is among those doing the most damage to EU citizen privacy with their collection, so it makes plenty of sense to focus on them.
Re:Facebook’s tracking of non-users ruled illegal again in E... by Feniks on Monday March 05, 2018 @09:21AM (#16521182)
Its quite normal in my opinion for the police to invest more resources in pursuing a kidnapping case than a bicycle theft.
Re:Facebook’s tracking of non-users ruled illegal again in E... by manfredo on Monday March 05, 2018 @03:21PM (#16524026)
It'd be more like vigorously investigating a kidnapping case in a wealthy, high-profile neighborhood while ignoring kidnappings in other places.

Which, granted, is something that happens but people largely regard this kind of unequal protection of the law to be a bad thing.

Re:Facebook’s tracking of non-users ruled illegal again in E... by geezerjay on Tuesday March 06, 2018 @03:40AM (#16527671)
> It'd be more like vigorously investigating a kidnapping case in a wealthy, high-profile neighborhood while ignoring kidnappings in other places.

I don't see the point of this sort of "but johnny did it too" line of argument. So authorities are looking into a report of widespread abuse. Where's the relevance of not advertising how they may or may not look into other small-scale and lower-profile cases? In fact, aren't resources better spent by going after the single largest and more eggregious source of abuse that has a global reach and has been continuously abusing its position for over a decade?

Re:Facebook’s tracking of non-users ruled illegal again in E... by Feniks on Monday March 05, 2018 @04:51PM (#16524799)
By all means name all the social media sites that are breaking the law on this scale and the EU is ignoring. I'll be sure to contact my local ombudsman.
Re:Facebook’s tracking of non-users ruled illegal again in E... by TomMarius on Monday March 05, 2018 @04:15AM (#16519754)
I don't know what you mean by EU, but most of EU countries except for the west are more corrupt than the US.

EDIT: Downvotes? I'm stating facts. How can you downvote facts?

Re:Facebook’s tracking of non-users ruled illegal again in E... by deadbunny on Monday March 05, 2018 @07:27AM (#16520547)
"facts" with zero sources and an argument which could easily be dismissed/interpreted as stereotypical US centric argument.
Re:Facebook’s tracking of non-users ruled illegal again in E... by TomMarius on Monday March 05, 2018 @07:40AM (#16520606)
You can simply use Google and check the facts out for yourself, it's common knowledge (children even learn this data in school in the EU). There were no sources in the comment I replied to either. Someone also replied with one of these sources. How can my argument be US centric when I'm European and have never even visited the US?
Re:Facebook’s tracking of non-users ruled illegal again in E... by deadbunny on Monday March 05, 2018 @08:05AM (#16520737)
I was explaining why your comment was likely downvoted, it's clearly not common knowledge (hence the downvotes) and the fact someone else provided sources for you doen't absolve your comment from lacking them.

> How can my argument be US centric when I'm European and have never even visited the US?

You don't have to be from the US for your post to sound US centric. It sounds exactly like every other "USA is da best! The east is inferior in every way. We have zero problems." argument which is found everywhere online, especially on sites with a large proportion of US users (like HN).

Re:Facebook’s tracking of non-users ruled illegal again in E... by TomMarius on Monday March 05, 2018 @10:40AM (#16521717)
> the fact someone else provided sources for you doen't absolve your comment from lacking them

The comment I replied to had no sources as well and yet it isn't downvoted.

> It sounds exactly like every other "USA is da best! The east is inferior in every way. We have zero problems."

Actually my comment says the exact opposite, it says that at least the western part of the EU is less corrupt than the US. Do you realize that I said the west [of EU], not the west as in the US? You're the one who is thinking US-centric after all, thinking that when someone says "the west" they mean the US even though it's in a sentence that talks about parts of EU, this possibility didn't even occur to me - that's how foreign it is to me.

Re:Facebook’s tracking of non-users ruled illegal again in E... by _Tev on Wednesday March 07, 2018 @04:13AM (#16535202)
> The comment I replied to had no sources as well and yet it isn't downvoted.

Read it again. It stated much less confidence in those baseless claims, inviting sourced rebuttal. You claimed to be "obviously" right without any sources, and apparently you were not.

Edit: also, complaining about downvotes, especially without even trying to admit mistake is considered as a bad behavior here.

Re:Facebook’s tracking of non-users ruled illegal again in E... by s73v3r_ on Monday March 05, 2018 @12:21PM (#16522571)
"You can simply use Google"

That kind of hand-wavy stuff doesn't fly here. If you're going to make a claim like "EU Countries are more corrupt than the US", YOU have to provide a credible source for that claim.

Re:Facebook’s tracking of non-users ruled illegal again in E... by ionised on Monday March 05, 2018 @11:04AM (#16521897)
If you make a claim, you provide source to back it up.

Telling people to go and verify for themselves a claim that you made is just lazy and disingenuous.

Re:Facebook’s tracking of non-users ruled illegal again in E... by TomMarius on Monday March 05, 2018 @11:22AM (#16522059)
I replied with common knowledge to a comment that had no sources as well. Why the comment I replied to is not being downvoted?
Re:Facebook’s tracking of non-users ruled illegal again in E... by doorbumper on Wednesday March 07, 2018 @03:03AM (#16534979)
Your comment has been flagged by American political correctness.
Re:Facebook’s tracking of non-users ruled illegal again in E... by Ftuuky on Monday March 05, 2018 @04:44AM (#16519895)
Correct. On average, EU and US have about the same corruption, at least according to the Corruption Index 2017 [0]

[0] https://www.transparency.org/news/feature/corruption_percept...

Re:Facebook’s tracking of non-users ruled illegal again in E... by eeZah7Ux on Monday March 05, 2018 @06:46AM (#16520388)
I wonder if the index treats lobbying and donation millions to support elections as corruption.

Such activities are illegal and considered corruption in most countries.

Re:Facebook’s tracking of non-users ruled illegal again in E... by Rescis on Monday March 05, 2018 @11:08AM (#16521928)
From their technical methodology note[1], they require their data sources to account for "state capture" and the usage of "public office for private gain". Take that as you wish, and feel free to look further at their sources[2]; however, I'd assume from that statement that they do account for lobbying and donations.

The US is not unique. If you see something happening here, it is almost always happening in other western countries, and acting like we are the only to have a problem does a disservice to worldwide development.

[1] http://files.transparency.org/content/download/2183/13748/fi...

[2] http://files.transparency.org/content/download/2183/13748/fi...

Re:Facebook’s tracking of non-users ruled illegal again in E... by chimeracoder on Monday March 05, 2018 @10:11AM (#16521514)
> I wonder if the index treats lobbying and donation millions to support elections as corruption. Such activities are illegal and considered corruption in most countries.

Lobbying has nothing to do with donating money, and lobbying elected representatives is definitely not illegal in most democracies.

Re:Facebook’s tracking of non-users ruled illegal again in E... by eeZah7Ux on Monday March 05, 2018 @06:13PM (#16525449)
I explicitly wrote "lobbying AND donation".

Please don't twist conversation into debates about semantics: it's not helpful.

Re:Facebook’s tracking of non-users ruled illegal again in E... by chimeracoder on Monday March 05, 2018 @07:54PM (#16526011)
> I explicitly wrote "lobbying AND donation". Please don't twist conversation into debates about semantics: it's not helpful.

Yes, and you said that both are illegal in most "other" counties. Except lobbying isn't illegal in any healthy democracy, including in Europe. Donating "millions of dollars" isn't really legal in the US either.

Re:Facebook’s tracking of non-users ruled illegal again in E... by lovich on Monday March 05, 2018 @10:54AM (#16521835)
Lobbying as a term in the US is pretty synonymous with donating money. If there was a lobbying group that did not donate money you would have to specify that in conversation
Re:Facebook’s tracking of non-users ruled illegal again in E... by chimeracoder on Monday March 05, 2018 @12:13PM (#16522513)
> Lobbying as a term in the US is pretty synonymous with donating money.

This is flat-out untrue, and repeating this incorrect meme ad nauseum simply makes it harder to address actual problems when they arise. Lobbying is simply the process of petitioning elected officials. It's a necessary part of any functioning democracy, or else there's no fundamental feedback loop connecting elected officials to their constituents in between elections.

> If there was a lobbying group that did not donate money you would have to specify that in conversation

Corporate entities are prohibited from donating money to campaigns, whether or not a quid pro quo is implied.

Re:Facebook’s tracking of non-users ruled illegal again in E... by lovich on Monday March 05, 2018 @01:50PM (#16523312)
What you've stated is true by the technical definition of the term, but lobbying in the _common vernacular_ of the United States is synonymous with paying money. You can throw dictionary definitions around all you want but it doesn't change how it's commonly used.

The same issue comes up with the word theory to scientists vs it's meaning in the common vernacular.

As to your second part about corporate entities being prohibited from donating money to campaigns, excuse me while I set up a PAC to donate funds to a senator who is aware that I donate to the PAC and that I would really appreciate it if I got a tax break.

What the law intends != what is actually happening

Re:Facebook’s tracking of non-users ruled illegal again in E... by chimeracoder on Monday March 05, 2018 @02:55PM (#16523837)
> The same issue comes up with the word theory to scientists vs it's meaning in the common vernacular.

Yes, and just as we ignore people who dismiss evolution because "it's just a theory", we should take the same attitude towards people who conflate lobbbying and campaign contributions, because they clearly don't understand how the democratic process works, and acting on their demands is actively harmful.

> What you've stated is true by the technical definition of the term, but lobbying in the _common vernacular_ of the United States is synonymous with paying money.

Yes, and the "common vernacular" is wrong and actively harmful. The two things are completely unrelated, and perpetuating the conflation makes it harder to understand what's actually going on.

If you think something is broken, you actually have to understand how it's broken in order to fix it. There's no virtue in going out of your way to make it more difficult for people to understand how things work. That's how you end up with people wasting time advocating "reforms" that span the range from "well-intentioned but redundant and/or ineffective" to "completely self-contradictory and nonsensical".

Re:Facebook’s tracking of non-users ruled illegal again in E... by ionised on Monday March 05, 2018 @11:04AM (#16521902)
Lobbying in the US is just legalised bribery.
Re:Facebook’s tracking of non-users ruled illegal again in E... by Ftuuky on Monday March 05, 2018 @09:06AM (#16521090)
Good question. I have to admit that I haven't read their methodology yet.
Re:Facebook’s tracking of non-users ruled illegal again in E... by jonathanstrange on Monday March 05, 2018 @05:51AM (#16520160)
My guess is that you've been downvoted, because you've claimed that you don't know what the original poster meant by "EU".
Re:Facebook’s tracking of non-users ruled illegal again in E... by simion314 on Monday March 05, 2018 @07:33AM (#16520571)
In US corruption is partially legalized as lobby.
Re:Facebook’s tracking of non-users ruled illegal again in E... by krisdol on Monday March 05, 2018 @07:41AM (#16520614)
EU stands for European Union.
Re:Facebook’s tracking of non-users ruled illegal again in E... by emiliobumachar on Monday March 05, 2018 @09:22AM (#16521190)
Yeah, but in context, is the claim of being less corrupt being made about pan-EU institutions, or does it extend to the countries making up the union? The relevancy of individual country statistic depends of that distinction.
Re:Facebook’s tracking of non-users ruled illegal again in E... by TomMarius on Monday March 05, 2018 @07:53AM (#16520680)
Yeah but the great-GP's statement is incorrect if he means the European Union as it is now, so he logically must mean something else, e.g. EU before the 2004/2007 enlargement (he might not know that it happened, the most corrupt countries joined during those and thus moved the average) etc. He also might've meant the EU as in the organization itself which is a completely different meaning with completely different results.
Re:Facebook’s tracking of non-users ruled illegal again in E... by _Tev on Wednesday March 07, 2018 @04:23AM (#16535238)
> the great-GP's statement is incorrect if he means the European Union as it is now, so he logically must mean something else

E.g. your assumptions being incorrect. You could have avoided a lot of downvotes with showing some humility. Assuming someone does not know about large shifts in EU membership seems like argument in bad faith.

Re:Facebook’s tracking of non-users ruled illegal again in E... by BjoernKW on Monday March 05, 2018 @02:31AM (#16519396)
This has nothing to with different legal systems or administrative philosophies but is all about politics.

Europe, Germany and France in particular, has a strong history of state involvement in large corporations.

I suppose you could call that an administrative philosophy. To me it sounds like another form of corruption.

Re:Facebook’s tracking of non-users ruled illegal again in E... by emiliobumachar on Monday March 05, 2018 @09:25AM (#16521214)
While there's nothing wrong with opining that state interventionism is a form of corruption, be warned that people will not infer your custom definition if you drop the word "corruption" in a conversation. I'm in favor of sticking to popular word definitions for the sake of clarity.
Re:Facebook’s tracking of non-users ruled illegal again in E... by eitland on Monday March 05, 2018 @12:44AM (#16519024)
Well, it's not that they haven't been talking publicly for years that they are going to do something.

And I guess Facebook and others have been trying to lobby it away for years already.

Re:Facebook’s tracking of non-users ruled illegal again in E... by norlys on Wednesday March 07, 2018 @11:52AM (#16537667)
Do you even know your checks and balances? This is not about government, it's about court. Facebook only has to pay because individuals (or in that case, a privacy organisation) decided to sue Facebook
Re:Facebook’s tracking of non-users ruled illegal again in E... by Feniks on Monday March 05, 2018 @05:44AM (#16520122)
Policing is always about setting an example.

The entire tech industry can now consider themselves warned. Not even giant American corporations with direct links to the White House are above the law.

Re:Facebook’s tracking of non-users ruled illegal again in E... by lotu on Monday March 05, 2018 @03:15PM (#16523997)
The problem is the example being made is that if you are a big American corporation than European regulators will go after you otherwise ¯\_(ツ)_/¯
Re:Facebook’s tracking of non-users ruled illegal again in E... by Feniks on Monday March 05, 2018 @04:59PM (#16524859)
Well I personally despise all tech companies selling out their users whether they are from the US, France or Peru. Its a fact on the ground many are from the US though.
Re:Facebook’s tracking of non-users ruled illegal again in E... by em3rgent0rdr on Sunday March 04, 2018 @11:48PM (#16518799)
> "This law has to be enforced somewhere first."

Still, the lawsuits should be simultaneously served to all companies. Preferably with a courtesy heads up.

Re:Facebook’s tracking of non-users ruled illegal again in E... by elborro on Monday March 05, 2018 @02:13AM (#16519342)
The DPR has been implemented since 1998.

GDPR had been announced 2012, implemented fully in 2016. Active enforcement will start May 2018 with again a temporary period to allow companies to correct. Refusal to comply after that can result in penalties up to a maximum of 4% of the companies global revenue.

How much courtesy lead time does a company actually need to comply?

Re:Facebook’s tracking of non-users ruled illegal again in E... by wiz21c on Monday March 05, 2018 @03:11AM (#16519542)
Especially when such company is pushing legions of developers reduce their "time to market".

"You have 20 seconds to comply" says the robocop :-)

Re:Facebook’s tracking of non-users ruled illegal again in E... by gear54rus on Monday March 05, 2018 @06:30AM (#16520319)
Exactly, someone has to be Kinney, and it better be someone already too big for our own good.
Re:Facebook’s tracking of non-users ruled illegal again in E... by em3rgent0rdr on Monday March 05, 2018 @11:40AM (#16522239)
Courtesy heads up that they will actually enforce the law. Lawbooks are full of laws that are never enforced.
Re:Facebook’s tracking of non-users ruled illegal again in E... by consp on Monday March 05, 2018 @03:39AM (#16519644)
That's not how the law works in most European countries. Class actions don't exist, so the usual strategy is to sue the biggest company or greatest offender, since that results most likely in the best defence or the best case.

The summary of the court of the case, if ruled in favor of the one suing or in favor of the public interest, will be used to prosecute all other offenders if they do not comply. If the defense wins, it can be used by others as a defense.

While not 'fair' it works as the smaller fish will probably go bottoms up trying to mount a proper defense against larger governmental or lobbying groups which results in a no-win scenario for all: The company is dead and there is still no ruling, or a ruling lacking proper defense.

Re:Facebook’s tracking of non-users ruled illegal again in E... by simion314 on Monday March 05, 2018 @07:38AM (#16520600)
What, if you get screwed by Google do you ue all the companies or only Google?

Or say Intel users that are now sewing on the meltdown bug should they get involved in AMD too from some feeling of solidarity?

In this case someone did something illegal and someone else complained to the justice, should they first find all (I hope you understand what all means, aka don't forget anybody) and try to do what? start 1000 processes in justice? It makes sense to start with the bigger criminals, if the court decides favorably then you continue to the next ones.

Re:Facebook’s tracking of non-users ruled illegal again in E... by s73v3r_ on Monday March 05, 2018 @12:28PM (#16522629)
1. Why should their be a "courtesy heads up"? Most of these defendants know they're breaking the law. The regulatory agencies have made their interpretations of the statutes known.

2. Do you realize how much manpower it would take to require that all separate cases be tried at once? You might as well just come out and say you don't want any cases to be tried at all, as that would be the outcome.

Re:Facebook’s tracking of non-users ruled illegal again in E... by goblins on Monday March 05, 2018 @02:30AM (#16519392)
Weren't these civil actions taken by private citizens/rights group?

The courts are just agreeing with these citizens/rights group. It's not like an EU agency is targeting Facebook unfairly.

Personally I can only see this as a good thing. As a non-user I don't want Facebook tracking me. Same as I don't want tracked by any other company.

Re:Facebook’s tracking of non-users ruled illegal again in E... by seszett on Monday March 05, 2018 @06:17AM (#16520260)
> why is the law being enforced predominantly against a handful of American companies instead of the industry at large?

Because the largest companies that European citizens are using and that breaking the law are American. There is no point in targetting first the Chinese and Russian companies doing the same tracking, as few European citizens are affected. And as far as I know, there is zero European company doing the same thing on such a level.

Re:Facebook’s tracking of non-users ruled illegal again in E... by IncRnd on Sunday March 04, 2018 @11:52PM (#16518814)
> The difference matters in this context because the counter argument would be "why is the law being enforced predominantly against a handful of American companies instead of the industry at large?"

That's not a counter argument but dissatisfaction. Are you saying that EU companies also don't follow their laws?

Re:Facebook’s tracking of non-users ruled illegal again in E... by EggsOnToast on Monday March 05, 2018 @12:06AM (#16518870)
>That's not a counter argument but dissatisfaction.

You're correct but mainly because I wasn't paying attention and phrased it as a question. Written instead as a statement, it's a valid counter argument because it's criticizing the parent comment's ridicule of a different instance of criticism.

> Are you saying that EU companies also don't follow their laws?

I'm insinuating that if someone wanted to defend Facebook's position one avenue would be to argue that the law is being selectively enforced. Obviously this isn't a comprehensive argument but it's an easy platform to jump in other directions from.

Re:Facebook’s tracking of non-users ruled illegal again in E... by IncRnd on Monday March 05, 2018 @07:29AM (#16520558)
> You're correct but mainly because I wasn't paying attention and phrased it as a question. Written instead as a statement, it's a valid counter argument because it's criticizing the parent comment's ridicule of a different instance of criticism.

I doubt a statement expressing dissatisfaction is a valid legal argument responding to a legal ruling. Clearly the term argument in this context is for a legal argument not a colloquial use of the term, since a legal appeal is what is being discussed.

When people get traffic tickets, the judge won't let them off for saying, "But, your honor, the police officer didn't pull over any of the other speeders around me."

Re:Facebook’s tracking of non-users ruled illegal again in E... by EggsOnToast on Monday March 05, 2018 @04:21PM (#16524527)
I was using the term "argument" in the more broadly applicable but also literal sense of the word. Your explanation is correct but you've either misunderstood what I was saying or I've misread your reply.
Re:Facebook’s tracking of non-users ruled illegal again in E... by IncRnd on Monday March 05, 2018 @05:54PM (#16525317)
No worries. That explains things, either way.
Re:Facebook’s tracking of non-users ruled illegal again in E... by snvzz on Monday March 05, 2018 @09:57AM (#16521417)
Because Facebook is doing it at scale.
Re:Facebook’s tracking of non-users ruled illegal again in E... by golergka on Monday March 05, 2018 @03:09AM (#16519537)
May be it's because one of those organizations has monopoly on violence and other doesn't.
Re:Facebook’s tracking of non-users ruled illegal again in E... by mgoetzke on Monday March 05, 2018 @02:43AM (#16519442)
There is a rule in Germany called "Im Unrecht gibt es keine Gleichberechtigung". Meaning when you are breaking the law you cannot point to others also breaking the law as defense.
Re:Facebook’s tracking of non-users ruled illegal again in E... by kazen44 on Monday March 05, 2018 @10:37AM (#16521690)
As far as i know, isn't this basically global? atleast in civil law systems, i yet have to find a country where this isn't the case.
Re:Facebook’s tracking of non-users ruled illegal again in E... by mannykannot on Sunday March 04, 2018 @09:32PM (#16518286)
> Corporations tend not to mind if you take away a business strategy of theirs, as long as you take it away from everybody else at the same time.

Not so if it is the only way for the business model to be profitable. More generally, this argument assumes that there is a fixed profit to the business, and the only thing to compete for is a bigger share of that fixed profit. The reality is that corporations are amenable to increasing the profit all around so long as they get part of it, and don't particularly care who gets exploited in the process. Conversely, they do tend to protest when the pool is reduced, even if it affects their competitors similarly.

Re:Facebook’s tracking of non-users ruled illegal again in E... by Someone on Monday March 05, 2018 @07:54AM (#16520683)
"The privacy lawsuit dates back to 2015 when the Belgium privacy watchdog brought a civil suit against Facebook for its near invisible tracking of non-users via social plug-ins and the like. […] The same year, after failing to obtain adequate responses to its concerns, the Belgian Privacy Commission decided to take Facebook to court over one of them: How it deploys tracking cookies and social plug-ins on third-party websites to track the internet activity of users and non-users."

If I go to the police to complain that my neighbour is spying on me, it's only natural that the police only investigates that neighbour.

Re:Facebook’s tracking of non-users ruled illegal again in E... by rowyourboat on Monday March 05, 2018 @05:51AM (#16520157)
> I think the implication is more, "why are you only paying attention to us? If you think this is a bad practice, then you should be going after our competitors, too."

"But, officer, everybody else was speeding, too!"

Re:Facebook’s tracking of non-users ruled illegal again in E... by amelius on Monday March 05, 2018 @06:03AM (#16520202)
s/speeding/downloading ;)
Re:Facebook’s tracking of non-users ruled illegal again in E... by EggsOnToast on Monday March 05, 2018 @06:16AM (#16520255)
To be pedantic, I can attest that in California drivers ed they teach you that it's safest to keep with the flow of traffic. The difficulty is in proving that traffic was going as fast as you.
Re:Facebook’s tracking of non-users ruled illegal again in E... by simion314 on Monday March 05, 2018 @07:43AM (#16520631)
Is this rule above the other rules like speed limits, stooping at red light ? It seems to me that this kind of fuzzy rules can undermine the others.
Re:Facebook’s tracking of non-users ruled illegal again in E... by vlozko on Monday March 05, 2018 @08:39AM (#16520925)
They both can apply. The flow of traffic laws, such as the one in California, are to prevent people from going significantly below the speed limit. Its a better approach, in my opinion, then a minimum speed limit law that many states use.

That said, you'll end up driving white-knuckled and fearful of your life if you dare go the speed limit on the Mass Pike. You'd have to drive 70-75 minimum here just to feel safe.

Re:Facebook’s tracking of non-users ruled illegal again in E... by simion314 on Monday March 05, 2018 @09:04AM (#16521073)
Yes, it makes sense for the minimum speed, here in Europe the max speed can't be exceeded and on top of that you have to adapt your speed to the actual condition, if is ice or the road is wet, or there is fog the law says you have to reduce your speed until you are safe, if you did not reduced it enough and did an accident you are guilty.

I hate when someone drivers respecting the limit and you get jerks with big cars or trucks behind you and force you to go faster(by force I mean get close behind you, use the horn and other bad behavior that can intimidate a new driver).

Re:Facebook’s tracking of non-users ruled illegal again in E... by the-dude on Monday March 05, 2018 @10:27AM (#16521611)
At least they are not firing missiles.
Re:Facebook’s tracking of non-users ruled illegal again in E... by pfortuny on Monday March 05, 2018 @02:47AM (#16519457)
They were the ones being denounced. It is like a drug kingpin being caught and saying “why am I the only one”, we all do the same?

Well, you are just the fisrt one and the biggest one.

Re:Facebook’s tracking of non-users ruled illegal again in E... by gesman on Monday March 05, 2018 @12:10AM (#16518888)
Yeah. How many times this line saved you?

"Officer, The guy in front of me was driving fast too, so why not him?"

Re:Facebook’s tracking of non-users ruled illegal again in E... by chii on Sunday March 04, 2018 @09:32PM (#16518289)
nobody likes to be made an example of.

However, regulators like to make examples of bigger corporations since the publicity is more effective with them, and also they are able to both pay up and/or change.

Re:Facebook’s tracking of non-users ruled illegal again in E... by seanmcdirmid on Sunday March 04, 2018 @10:34PM (#16518557)
Fair application of regulations is essential to rule of law. Going after one company for a common practice but not others is simply the more tyrannical rule by law.
Re:Facebook’s tracking of non-users ruled illegal again in E... by rb666 on Sunday March 04, 2018 @10:39PM (#16518568)
It's a matter of priorities as well. There's hardly funding to prosecute everyone that breaks any sort of law. So you aim for the big fish. Many more are "hurt" by FB's practices than some random other small player. In that sense, FB is committing the larger crime.
Re:Facebook’s tracking of non-users ruled illegal again in E... by seanmcdirmid on Sunday March 04, 2018 @11:12PM (#16518665)
Picking the large foreign company is always an easy target, it can easily lead to protectionism: enforce laws on the outsiders but not the insiders. China is an extreme case of this: foreign companies must walk on egg shells while domestic companies are able to easily break laws now and ask for forgiveness later if the party decides to crackdown.
Re:Facebook’s tracking of non-users ruled illegal again in E... by danieldk on Monday March 05, 2018 @01:59AM (#16519276)
You are suggesting that the EU is picking on the outsiders. However, do you have any proof of that? For example, if you look at fines handed out by the EU, some of the largest ones concern companies from the EU:

https://www.cnbc.com/2017/06/27/the-largest-fines-dished-out...

If you look at EU court decisions concerning privacy, you see that it mostly concerns European companies and government bodies (e.g. people storing their fingerprints being stored for passport applications). Those cases just don't get as much exposure in the US:

https://ec.europa.eu/anti-fraud/sites/antifraud/files/casela...

Another factor here may be that EU companies generally stick more to privacy rules, because it is easier to get sued directly by their citizens. E.g. in Germany many institutions and companies are paranoid when it comes to privacy and go out of their way to avoid lawsuits.

Re:Facebook’s tracking of non-users ruled illegal again in E... by rb666 on Monday March 05, 2018 @01:39AM (#16519197)
You add in the word "foreign" for no apparent reason. What makes you think the EU is targeting FB for being American? I see no proof of this. Size, sure, but the EU also has many regulations for the internal market. For example, we actually have net neutrality, and there's now regulations to limit roaming charges.
Re:Facebook’s tracking of non-users ruled illegal again in E... by seanmcdirmid on Monday March 05, 2018 @01:42AM (#16519206)
The argument they’ve made is that they are targeting FB and not their competitors. If true, it has many possible abusive implications, one of the common ones being protectionism. It might not be that, but it is a huge red flag that it could be that.
Re:Facebook’s tracking of non-users ruled illegal again in E... by anigbrowl on Monday March 05, 2018 @02:06AM (#16519307)
It's easy to level accusations and then back off justifying by saying it's just a possibility.
Re:Facebook’s tracking of non-users ruled illegal again in E... by seanmcdirmid on Monday March 05, 2018 @07:20AM (#16520512)
I did not edit my original comments where I clearly said “leads to”. If you think that meant an accusation, then that’s your right of course, but it isn’t correct to then say I was using similar language to back out of it.
Re:Facebook’s tracking of non-users ruled illegal again in E... by michaelmrose on Monday March 05, 2018 @03:33AM (#16519622)
If you are going to accuse you ought probably be able to back up the argument or don't bother to waste other readers time.
Re:Facebook’s tracking of non-users ruled illegal again in E... by tobylane on Monday March 05, 2018 @06:51AM (#16520401)
They are targeting companies from personal data protection-weak jurisdictions who want EU customers.

To use your example, US has targeted companies from IP-protection-weak countries. Was it directly targeting China? I'd say not necessarily.

Re:Facebook’s tracking of non-users ruled illegal again in E... by seanmcdirmid on Monday March 05, 2018 @10:12AM (#16521523)
If they are targeting all companies in their jurisdiction, I have no problem with that.
Re:Facebook’s tracking of non-users ruled illegal again in E... by tobylane on Monday March 05, 2018 @10:39AM (#16521705)
The only people suggesting anything else were anti-EU commentators. Just like the £350m a week the UK supposedly sends to the EU.
Re:Facebook’s tracking of non-users ruled illegal again in E... by simion314 on Monday March 05, 2018 @07:51AM (#16520670)
But is in this case an EU institution selecting FB or a civil rights organization selecting the biggest offender? If the citizens complain about FB and going after justice why are you asking the citizens to find first other smaller and non US company that maybe did much less damage and start with them. Citizens should have the right to demand justice for illegal behavior of US company that makes business in EU without having the other camp calling protectionism.

It is like the Microsoft anti competition case would not take place until we find some small non US OS vendor to punish first so the Americans won't get upset.

Re:Facebook’s tracking of non-users ruled illegal again in E... by seanmcdirmid on Monday March 05, 2018 @10:14AM (#16521539)
If the law is no cookies or no tracking, then they can literally pick a random internet company within their bidders whose offending. In practice, such broad laws can only be selectively enforced.
Re:Facebook’s tracking of non-users ruled illegal again in E... by s73v3r_ on Monday March 05, 2018 @12:35PM (#16522699)
And how many people are actually going to pay attention to that? Further, how is that not any different than the "selective enforcement" that you claim is happening against FB?
Re:Facebook’s tracking of non-users ruled illegal again in E... by simion314 on Monday March 05, 2018 @12:11PM (#16522493)
>they can literally pick a random internet company In this case they are the citizens, the citizens would not pcik at random but the company that affects them.
Re:Facebook’s tracking of non-users ruled illegal again in E... by lokopodium on Monday March 05, 2018 @12:12AM (#16518897)
This business strategy is only viable if your market penetration is huge. No wonder the biggest infringer is tackled first. Also, this probably is a precedent-setting decision with more to follow.
Re:Facebook’s tracking of non-users ruled illegal again in E... by anigbrowl on Monday March 05, 2018 @02:00AM (#16519281)
That leads to writing a law for every little technological innovation, which is an arms race legislators can't possibly win. Prosecuting a corporate body for violating a general principle sends a clear signal to other market players using an unethical tactic: comply or you're next.
Re:Facebook’s tracking of non-users ruled illegal again in E... by amelius on Monday March 05, 2018 @05:25AM (#16520066)
> I think the implication is more, "why are you only paying attention to us?"

I read that as: why are you only paying attention now? (i.e. after allowing the industry to reach its current, pathological state)

Re:Facebook’s tracking of non-users ruled illegal again in E... by simion314 on Monday March 05, 2018 @07:54AM (#16520687)
EU is working for years on laws to protect the citizens rights from this internet companies, the laws take years to be created and when done are announced and it also takes a long period of time before the laws will start to apply.

Do you prefer that we create laws for fixing problems that do not exist yet?

Re:Facebook’s tracking of non-users ruled illegal again in E... by amelius on Monday March 05, 2018 @08:48AM (#16520985)
You misunderstand. Facebook probably knew that the new law was in the making, but they probably thought: by the time this law passes, everybody is doing it!
Re:Facebook’s tracking of non-users ruled illegal again in E... by simion314 on Monday March 05, 2018 @08:59AM (#16521047)
That is true, and FB will try to appeal and move the final decision for 10 years like Intel is doing.
Re:Facebook’s tracking of non-users ruled illegal again in E... by thisisit on Monday March 05, 2018 @01:55AM (#16519262)
I don't think many of their competitors have the same reach as Facebook. Nowadays sites have social plugins to allow their customers to "share" content. This in turn adds the problematic cookie/pixel.
Re:Facebook’s tracking of non-users ruled illegal again in E... by sorokod on Monday March 05, 2018 @07:47AM (#16520646)
I think this is an odd defence to follow if indeed this is a defence. It's as if a convicted criminal demands to overturn the conviction because some other (alleged) criminals haven't been on trial yet.
Re:Facebook’s tracking of non-users ruled illegal again in E... by candu on Monday March 05, 2018 @09:17AM (#16521157)
...and one obvious answer is: as one of the largest companies doing this, they benefit more than all of those other corporations.

Also: from the jurisdiction's point of view, this is perhaps the only efficient way to allocate legal / judicial resources. You go after a small handful of big-name "make an example" cases, and hope that this deters use of the business strategy by the long tail of smaller companies you can't afford to go after.

Re:Facebook’s tracking of non-users ruled illegal again in E... by learnstats2 on Monday March 05, 2018 @11:31AM (#16522145)
>Corporations tend not to mind if you take away a business strategy of theirs, as long as you take it away from everybody else at the same time.

That's not true in this case. As the large incumbent in social media and advertising, Facebook are the company most impacted by this, whether or not their competitors are impacted.

Re:Facebook’s tracking of non-users ruled illegal again in E... by hannnoi on Tuesday March 06, 2018 @11:14AM (#16529728)
I'm sure other companies do this, but I'm way more familiar with Facebook's indiscretions. If they're made an example of what's going to be a standard, I wouldn't be surprised if it happens to other companies soon.
Re:Facebook’s tracking of non-users ruled illegal again in E... by scotty79 on Wednesday March 07, 2018 @07:00AM (#16535821)
Actually it sounds more like an excuse.

"Why have you singled us out for dumping 1000 tonnes of ash into environment each day? Look, this guy is dumping his ashtray on the grass right now!"

Re:Facebook’s tracking of non-users ruled illegal again in E... by AndyMcConachie on Monday March 05, 2018 @05:51AM (#16520156)
There is this thing called legal precedent. You set it once and it can be applied over, and over, and over, and over....
Re:Facebook’s tracking of non-users ruled illegal again in E... by gregknicholson on Monday March 05, 2018 @05:59AM (#16520189)
Legal Java!
Re:Facebook’s tracking of non-users ruled illegal again in E... by polskibus on Monday March 05, 2018 @02:32AM (#16519402)
Why don't they point out others and cooperate with EU to stop this practice altogether then?
Re:Facebook’s tracking of non-users ruled illegal again in E... by noway421 on Monday March 05, 2018 @02:56AM (#16519498)
This is the reason regulation and fair competition should exist.
Re:Facebook’s tracking of non-users ruled illegal again in E... by scoofy on Monday March 05, 2018 @01:58AM (#16519271)
Whataboutism isn't an argument... if you're going to start somewhere, you have to start with someone, especially in civil court. Setting precedents will open up other websites to lawsuits