But if you want to contribute to a privacy-violating network that tracks individual users, then that goes far beyond wanting "just to put up a website somewhere".
They are only tryin to keep their monopoly on government oversight which is reasonable for a governing body (our citizens = our control).
... you also have to ask for permission first.
The main difference is that for a data processor in France it seems possible to get all the right contracts in place, while a US based data processor is incapable of doing that thanks to FISA and similar US initiatives.
While that's not the issue being discussed here, you should by default only collect & process the minimum amount of data needed for the product/service to function. Analytics aren't part of that and would need to be opt-in.
Imagine that you run a workplace where floor space is relatively expensive. To avoid increasing the floor space, you determine exactly how wide each hallway must be, exactly how much space is required, and build everything to that specification. Your hiring decisions take the weight of an applicant into account, so that nobody will be too large for those hallways. Then a law comes along saying that your coal mine is dangerous, and your use of child labor is unethical. "But look at the cost!", you cry, "I can't afford to enlarge every tunnel to accommodate full-grown adults!" But there was no reason the tunnels couldn't have been built larger in the first place.
There was no reason why the web and the internet could not have chosen to respect privacy by default, and thereby avoid the current costs of changing their software and business models. If it is true that the default apache configurations violate privacy standards, just as any configuration of Google Analytics violates privacy standards, then that is a sign of just how much the regulation is needed.
https://law.stackexchange.com/questions/42438/do-default-apa...
It would appear public IP addresses are PII. Apache (and most web servers) log those by default.
A case can be made, on a site-by-site basis, that those are necessary for providing the functionality of the site. But that's a hard case to make if the logs are never actually read, and then if they're collected for that purpose, timely deletion is important (and unless your host also configures log rotation and disposal, timely deletion isn't happening).
I'm pretty sure all of this has to be declared in a privacy declaration anyway, even if they are collected for site operations purposes and deleted in a timely fashion. With all these constraints, probably safer to run in a privacy-configured Docker in one of the big Cloud hosts than to stand up one's own apache install.
In addition, that there is an exception allowing the collection of personal data for legitimate interests without prior consent. While that has been erroneously argued to enable a business model (e.g. Facebook's ongoing collection), server security by applying IP address bans would be be a more solid case [1].
[0] https://www.whitecase.com/publications/alert/court-confirms-...
[1] https://law.stackexchange.com/questions/28603/how-to-satisfy...
Collect people's data (and that's what a user analytics system does) and then you're responsible for it, and you have to follow the rules.
Only things like tracking, ads, and sending data to areas without equivalent privacy laws are forbidden. The intent and usage of the collected information is a big part of what is and isn't allowed.
Web sites are allowed to log data (including visitor requests and IPs) required for the smooth running of the site. It could be argued that keeping logs allows for trouble-shooting so web server logging is probably OK in most circumstances.
However, there is no reason to keep months/years of logs around. Having this data is actually a liability under the GDPR and you should be aggressively deleting logs after a few days.
[0] https://sheep.horse/2018/6/the_eu_general_data_protection_re...
I, for one, would not like to argue this in court. I heard many lawyers advising against storing IP addresses.
And yes, long-term analytics are a no-no. So good luck comparing your website performance year to year or even detecting seasonality.
192.168.1.122 - - [10/Feb/2022:11:32:35 +0000] "GET /audio/pop.wav HTTP/1.1" 206 28366 "-" "Mozilla/5.0 (X11; Linux x86_64; rv:98.0) Gecko/20100101 Firefox/98.0" "-"
I have a collection of small, US-focused websites.
I'm investigating low-effort ways to geo-fence the EU. At some point it just becomes easier to ban Europeans, rather than keep up with whatever they'll come up with next. I saw in this thread that the Google fonts on my website are now a problem as well!? That's the first I heard of it.
This is the perfect example of why government oversight is needed. You run a bunch of websites and aren’t aware that you are inadvertently involved in violating the privacy of the people who visit your sites. How are non-technical people supposed to deal with this?
A bureaucrat on the other side of the planet comes to a conclusion and I, who never voted for this person or knew about their existence, am legally bound by their decision.
On pain of who knows what fines or penalties. I’m nearly overwhelmed by the amount of work on my core product, I can’t add “keep up with European legal opinion” to my todo list as well.
As I said, it’s simpler to just geofence everything.
Also by the EU users losing access to ad-supported free services.
Says who?! I have zero problems sending my private data to the US. I did it for years and I still think is one of the better places to send my private data to. Definitely better than my own country.
> Free content and services. What do you lose in exchange?
Privacy. What I do shouldn't really be anybody else's business.
An ad-targeted web. IMO ads are a plague on useful content, because everything is about getting views and clicks. This makes actual content less useful and more annoying to consume. It incentivizes posting low effort, watered down content rather than smaller amounts of great content. It also means content creators are trying to please the advertiser, and not me.
Risk of manipulation. Lots of effort has gone into figuring out how to best manipulate people, and when you know who somebody is and how to best tailor any given message to them, you can get pretty far. I'm quite sure that I also have buttons that can be pushed if somebody knows how, and I don't particularly like the thought of that.
And why the heck would I want to give my data to a bunch of random companies? What's the benefit in it for me, anyway?
Free content and services. What do you lose in exchange?
EU bureaucrats are effectively prescribing how the web should work for everyone. Ridiculous.
But a fundamental issue with freedom is that sometimes freedoms conflict with each other. Here the freedom to do whatever you want conflicts with the right to privacy of others and the EU has decided that in this instance the right to privace takes precedence.
I am not free to use a website and give away "my data" by default without having to click Allow All on a damn cookie popup.
The EU politicians unilaterally decided to steal these freedoms from all EU citizens.
The right to privacy is not a freedom. I am not sure it's even a real right. But it was easily accessible even before the current privacy laws, even if it needed a little technical competence. It wasn't the default though. And the current laws do not provide me the privacy I actually need: from EU government(s).
Those companies are free to not to do business wit you but it is not the EU privacy laws making that decision. Those companies can provide their service in a privacy-respecting way and many will - the EU is not a small market to give up on. You can also use a VPN.
> I am not free to use a website and give away "my data" by default without having to click Allow All on a damn cookie popup.
You think users should need to be technically competent to block cookies but don't want to be technically competent to install an extension like https://addons.mozilla.org/en-US/firefox/addon/i-dont-care-a...
And don't forget that hose consent popups are likely specifically designed to be annoying in order to get you mad at the privacy laws. Don't fall for it - the EU privacy laws do not required websites to be user-unfriendly.
> The EU politicians unilaterally decided to steal these freedoms from all EU citizens.
I am not going to pretend the EU is a perfect democracy, but ultimately, those decisions are made by those elected by the peole - directly or indirectly.
> The right to privacy is not a freedom. I am not sure it's even a real right.
It is a real right that has historically been enforced in many EU countries. The recent laws do nothing more than update that enforcement to the digital age.
> But it was easily accessible even before the current privacy laws, even if it needed a little technical competence.
No, it really wasn't. You can block cookies but you cannot stop companies from tracking you via the 10 million other ways they have available or to trade information about you with third parties. You cannot use technical means to find out what information companies have collected about you. You cannot use technical means to compel companies to delete information they have already collected. THAT is why we have new laws.
I feel for my European brothers and sisters these days. As an American, I hardly ever see these banners. Went to an EU country for work and... Holy cow. Y'all get these banners every site. How do you tolerate it?
Thanks to GDPR, we have a much more private web. /s
Yes, I think we're in a vastly better place, where there is a cost to doing bad things.
Good for Europe, they are just going to law themselves out of the internet. Up to the point were your ISP doing hops to send your TCP packet will be illegal unless you approve them sharing that info with all the shops.
/s
(Also, the GDPR is not responsible for cookie banners)
The market responding to the law with billions of cookie banners was as predictable as prohibition leading to bootlegging.
And now the regulators are responding to it.[0]
[0] https://www.iccl.ie/news/gdpr-enforcer-rules-that-iab-europe...
The predictable outcome from that ruling is a decentralized solution: a few libraries attempting to build frameworks that are compliant, everyone implementing their own one-off versions of permission-granting and cookie consent using those frmeworks as a basis, and the Authority chasing mom-and-pop sites that are out of compliance until the sun goes cold.
In a sense, that may satisfy the goals: the data will be decentralized, stored widely, and harder to aggregate. On the other hand, what we learned from the virus era and the Windows OS monoculture is thousands of nodes running the same software (but not centrally maintained; maintained by people who have a job other than maintaining a website and are therefore slow to patch security holes) will be vulnerable to scripted attacks against frameworks.
My prediction is a net increase in stolen PII and, while individual site-runners will get screwed, the number of sites collecting the data won't go down. It's just too valuable, and the odds you will get hit by a hacker are too low.
In any case, it'll be a hell of a ride.
Do virtually any business that involves user registration at some point, and now you need to be sure that you're compliant with all those rules, spending limited resources on that to avoid ridiculous fines.
It benefits only the big players who has lawyers to know exactly what to do and not, and a nightmare for anyone who tries to grow a small business or have a small website.
It's exactly the opposite.
It forces technology to be developed in a way that protects human rights (specifically the right to privacy).
Innovation is not automatically good if you're innovating in the wrong direction. Think of it as a vector, not a scalar.
If someone pointed a gun and forced me to go to a website, enter my personal data and give my data to trackers that would be something else (still not website's fault but anyway).
"Hey Google and Facebook is doing so well let's make harder for everyone using their services."
I neither have sympathy for those companies and never been to US, but adter all these GDPR regulations I actually started to sympathize.