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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.