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Re:Meta prohibited from using personal data for advertisement by whimsicalism on Wednesday January 04, 2023 @11:05AM (#34247221)
Spyware? This is about logging activity of users on the same app that you built, not tracking them across the internet.

Writing down what someone does while interacting with your own business was never "criminalized" to begin with.

Businesses do pay for this product.

Unilaterally making tech products illegal after backlash in the media is precisely why capital is deallocated from Europe to other places with less reactive regulatory environments and leaves the people in those countries poorer than they would have been, less able to afford vacations with their family, higher quality housing, air conditioning, appropriate medical care. These effects all spill over to every day life in Europe.

Re:Meta prohibited from using personal data for advertisement by britneybitch on Wednesday January 04, 2023 @11:08AM (#34247272)
> not tracking them across the internet

FB's like button, found on many websites, tracks you across the internet whether or not you click it.

https://news.bloomberglaw.com/litigation/facebook-to-pay-90-...

Re:Meta prohibited from using personal data for advertisement by jefftk on Wednesday January 04, 2023 @11:17AM (#34247432)
That's not what this case was about, though. It's about whether FB is allowed to log your behavior on their properties and use that to choose which ads to show you.
Re:Meta prohibited from using personal data for advertisement by whimsicalism on Wednesday January 04, 2023 @11:16AM (#34247410)
Right, and maybe that should not be permissible but this decision is about on-site personalization based on stuff like the interests you enter into Facebook yourself.
Re:Meta prohibited from using personal data for advertisement by burkaman on Wednesday January 04, 2023 @11:06AM (#34247235)
It's not illegal, they just need to ask their users if it's ok. If there's nothing wrong with this practice, why would the users say no?
Re:Meta prohibited from using personal data for advertisement by whimsicalism on Wednesday January 04, 2023 @11:09AM (#34247297)
If I am understanding this correctly, GDPR means that you must legally accept free riders, ie. you cannot deny service if they don't want it.

Mandating companies to serve users who provide no value at all is an example of the regulatory requirements that spill down to hurting regular consumers and workers in Europe. You can see this across all sorts of fields, youth unemployment in Europe (for example) is a mess.

Re:Meta prohibited from using personal data for advertisement by burkaman on Wednesday January 04, 2023 @11:15AM (#34247386)
I don't think you're understanding it correctly, Meta is still free to serve normal contextual ads to all users so they can make money. There are many other sustainable business models they could try out if they aren't able to get their customers to pay for that sort of ad. They are not mandated to provide any kind of service to anyone.
Re:Meta prohibited from using personal data for advertisement by whimsicalism on Wednesday January 04, 2023 @11:21AM (#34247511)
> Users must be able to withdraw consent at any time and Meta may not limit the service if users choose to do so.

Seems pretty blatantly a mandate to continue providing service regardless of users' actions.

Given that what is shown on the feed is also personalized, the "contextual ads" still allowed bit makes no sense to me.

Re:Meta prohibited from using personal data for advertisement by rpastuszak on Wednesday January 04, 2023 @11:48AM (#34247926)
> Given that what is shown on the feed is also personalized, the "contextual ads" still allowed bit makes no sense to me.

This is where the line between contextual and behavioural is blurry. In theory, behavioural == who I am, and contextual == where I am/what I am reading.

Shortly after the Cambridge Analytica scandal, we started getting companies selling "ethical" contextual targeting SDKs. The issue was that the "context" was a result of a ML model running on your device and using your location, accelerometer, magnetometer readings (etc...) to define a real-time profile of the user, e.g. "exercising at the <gym name>", "they're having coffee at <restaurant name>".

Re:Meta prohibited from using personal data for advertisement by mpweiher on Wednesday January 04, 2023 @12:35PM (#34248682)
Meta is free to charge for the service.

They are not free to require tracking for use of the service.

Re:Meta prohibited from using personal data for advertisement by Semaphor on Wednesday January 04, 2023 @11:13AM (#34247350)
Courts so far seem to mostly have decided that if you are clear and upfront, you can offer "track me" and "I’ll pay you not to track me" as the two options. Very common in Germany.
Re:Meta prohibited from using personal data for advertisement by whimsicalism on Wednesday January 04, 2023 @11:19AM (#34247459)
> Users must be able to withdraw consent at any time and Meta may not limit the service if users choose to do so.

Not in this decision they did not. Meta is required to provide service even if you don't agree to the transaction.

Re:Meta prohibited from using personal data for advertisement by mpweiher on Wednesday January 04, 2023 @12:53PM (#34248939)
Incorrect.

They are free to charge for the service.

They are not free to use personal data without consent.

Re:Meta prohibited from using personal data for advertisement by Nextgrid on Wednesday January 04, 2023 @11:15AM (#34247375)
> If I am understanding this correctly, GDPR means that you must legally accept free riders, ie. you cannot deny service if they don't want it.

That is more or less correct, although some newspapers in Europe are taking the gamble on that and there might be grounds for a middle-ground decision and amendment of the GDPR down the line.

> who provide no value at all

Disagreed, those users still provide value - not only can you still advertise to them based on public information (and users put out a lot of it by liking/following certain content) but they still strengthen the network effect of the product.

Re:Meta prohibited from using personal data for advertisement by ectopod on Wednesday January 04, 2023 @11:20AM (#34247469)
The users also provide all of the content.
Re:Meta prohibited from using personal data for advertisement by whimsicalism on Wednesday January 04, 2023 @11:20AM (#34247473)
Providing ads based on who you like and follow still falls under this GDPR decision. It is considered personal data under GDPR.

Maybe whether FB serves these users and the cost-benefit analysis of the value add should be up to FB, rather than mandated by the government.

Re:Meta prohibited from using personal data for advertisement by rpastuszak on Wednesday January 04, 2023 @11:18AM (#34247437)
> If I am understanding this correctly, GDPR means that you must legally accept free riders, ie. you cannot deny service if they don't want it.

Nope, that's not correct.

Edit: it is correct. Rarely I'm so happy to be wrong.

Re:Meta prohibited from using personal data for advertisement by whimsicalism on Wednesday January 04, 2023 @11:23AM (#34247549)
> Users must be able to withdraw consent at any time and Meta may not limit the service if users choose to do so.

Explain this sentence if my understanding is incorrect.

Re:Meta prohibited from using personal data for advertisement by rpastuszak on Wednesday January 04, 2023 @11:36AM (#34247747)
You're right, thanks for responding! I've updated my comment.
Re:Meta prohibited from using personal data for advertisement by CogitoCogito on Wednesday January 04, 2023 @11:17AM (#34247416)
> If I am understanding this correctly, GDPR means that you must legally accept free riders, ie. you cannot deny service if they don't want it.

Facebook is absolutely free to charge everyone.

But yes certain business models (like Facebook’s apparently) are not legal under the GDPR. That’s the point.

Re:Meta prohibited from using personal data for advertisement by JumpCrisscross on Wednesday January 04, 2023 @11:14AM (#34247373)
> why would the users say no?

One can agree with the measure and disagree with its deployment. Here, a quasi-judicial body with opaquely-appointed members created a rule ex post facto. It’s a good opinion. But that sort of unpredictability obviously has a cost. (Agencies in America face similar criticism.)

Re:Meta prohibited from using personal data for advertisement by burkaman on Wednesday January 04, 2023 @11:20AM (#34247468)
I guess I don't understand the unpredictability argument. Everything that I've read since GDPR passed 4+ years ago has predicted that Facebook's data harvesting would be illegal. It was a very straightforward and predictable consequence of the law.
Re:Meta prohibited from using personal data for advertisement by JumpCrisscross on Wednesday January 04, 2023 @11:22AM (#34247517)
> Everything that I've read since GDPR passed 4+ years ago has predicted that Facebook's data harvesting would be illegal

The Irish DPA disagreed. We can write that off as biased, but that’s sort of the point. Each member DPA has its pet biases, and predicting how they’ll act and how those actions amalgamate at the EDPS is nontrivial. That’s a cost of doing business in Europe that derived from GDPR’s bureaucratic design, not from its regulatory aims.

Re:Meta prohibited from using personal data for advertisement by M2Ys4U on Wednesday January 04, 2023 @11:20AM (#34247489)
Indeed, this case was started on the day the GDPR came in to force.
Re:Meta prohibited from using personal data for advertisement by pnt12 on Thursday January 05, 2023 @08:02AM (#34259044)
I'm also against tracking users while on the app.

If we compare it to a store, I'm OK with minimal tracking, eg security cameras, but I'm not OK with keeping the recordings forever or tracking my individual behavior (which is already happening).

Re:Meta prohibited from using personal data for advertisement by merdaverse on Thursday January 05, 2023 @08:29AM (#34259282)
Where is this fantasy world where the US has more appropriate medical care than the EU?
Re:Meta prohibited from using personal data for advertisement by whimsicalism on Thursday January 05, 2023 @11:12AM (#34261929)
The US develops more therapies, drugs, and treatments than the entire EU despite having a fraction of the population.

Europe benefits from the US doing that for them and then paying low prices that don't cover the costs of drug R&D.

Re:Meta prohibited from using personal data for advertisement by dmitriid on Thursday January 05, 2023 @06:48PM (#34268733)
This is a lie, of course.

The US spends about 170-180 billion U.S. dollars on medical R&D, the EU spends about 100-110 billion dollars on medical R&D.

While not equally, but Europe is definitely not "freeloading".

The costs of US healthcare lie squarely within the insurance tower of babel.