Facebook to fight Belgian ban on tracking users, and even non-users
bloomberg.com
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I think this is a good push from Belgium and I hope other countries follow suit — the price of not respecting users' rights to privacy has to be too steep to ignore.
That said, I hope two things will happen:
- Facebook continues to ignore the ruling, and thus continues racking up the fine.
- The ruling stands all the way to the highest court.
(edit: corrected my math)
I was having a discussion about Zuckerberg the other day with a colleague. The crux of the conversation came down to something interesting which is that Mark, from what we could both glean from public insight on him, has never been all that normal or ordinary in his real life social prowess. Yet he is the kingpin of social networks today. The conversation ended on a simple observation: Mark burned people to get Facebook off the ground. And Mark will continue to burn anyone, including his users, to continue to move it forward.
Q: Is this atypical behaviour for someone in his position?
Does it matter? It must not be rewarded, regardless of how common it is.
Allowing share structures that divorce ownership from decision power may not be such a good idea after all. More generally, we should probably also reconsider fiduciary duty as the sole motive force of corporations.
It is hard to stop anyone implementing oneself after it started.
[1] https://news.ycombinator.com/item?id=19316737
[2] https://blog.acolyer.org/2019/03/06/keeping-calm-when-distri...
Though imperfect tools, these have been applied to AT&T (and are why, indirectly, Linux exists), Xerox, IBM, Microsoft, and Google, amongst others, in the US.
Why must they fight a government trying to protect its citizens?
Whose side is Facebook on? The side of advertisers? It cannot be the side of users, at least not ones in Belgium. They cannot claim they are "neutral".
They must have persuasive answers prepared for such questions.
Because it would reduce their profit margin, and some chunks of their founding society hold that corporations are duty-bound to maximize profits.
I'm not trying to excuse their unpardonable behaviour here, just trying to think unemotionally about what might be going on behind the scenes. Personally I wish they'd stop tracking me - and I have no FB account. I may have to emigrate to Belgium. Good beer an added incentive.
I'd think the code that serves your core business needs and brings in the real money is very conservatively managed -- and judging by the circumstantial evidence we have, I believe that's exactly the case for them.
If that's the case, and facebook complies, then I think I'll start doing all my browsing through a VPN that exits in Belgium or Germany then.
On the flipside of that very same coin, <insert three-lettered agency here> claims that it is difficult to discern between who's an American citizens and who's not, so they just deal with it "honestly", afterwards (even though the DOJ has found them to be breaching the 4th numerous times).
I think we've reached a stage where compulsion, through punitive fines, is the only viable means to make these entities respect the boundaries that have been erected.
It might not be much effort to create the infrastructure to delimit their tracking (in both cases) but they have a much higher ROI for not doing so, currently, than actually doing so (if that makes sense).
But this isn't new, these complaints about privacy and tracking have been around a decade, they didn't build facebook before anyone knew the constant tracking was controversial, they built it over a decade+ knowing the whole time that they were the subject of constant criticism.
They have switches all over their site for things like turning off targeted advertising, and they have entire infrastructures for dealing with local laws, so they idea that it's unfeasible for them to remove the tracking for any reason other than they wanted it to be that way is bordering on dishonest.
I get that likely this very likely means that just burning the whole thing to the ground and starting from scratch for most functionality would be less of a time sink, but the point is more that Facebook actually begin to engage in operations to remove tracking from their infra, not just throw up their hands and say "It'll be too much work!". We can know for sure if it's a new code base that just never had it to begin with, and Facebook was transparent in the migration process.
Regardless, though, I do get that the thrust of your point is that this is not a trivial task.
I hope that gets fixed!
It's defense in depth. Aside of this particularly shady and/or illegal practice, Facebook is[1] engaged in several other practices that could or should be questioned. Abandoning of any single of these practices would not break, nor even serious harm Facebook. However, abandoning several of them would put a dent in their finances.
As long as FB can play defense of the advanced beachhead of "user tracking", their other, less outrageous and/or less illegal practices are effectively taking cover behind it, and can go on unhindered.
Should the first layer be peeled off, a next one would come under attack just as this one is. This process, if left to progress, would eventually leave Facebook stripped to its core - which isn't much more beyond the original "hot or not" swapping of images and commenting on them.
--
[1] almost certainly, given its vastness and multi-pronged approach to vacuuming up, and mixing & matching user data
Facebook is on not on the side of the "users" (or what you would describe as it's users). If you look at Facebooks business model the ones actually paying them for a product are the advertisers, which is why FB is on their side.
'if you're not paying for the product, you are the product' - which means we are the product that Facebook is selling, or more precisely, our data.
Of course, I'm sure if Facebook is asked directly, they wouldn't admit and find a way to say they care about the people, and all that. But from the business side (and probably the investors side), Facebook shoudn't and doesn't care about privacy or other concerns of it's users (the citizen).
They are on the side of who pays them. It’s pretty simple.
I NEED the tracking data to improve my product.
If users aren't clicking on a button I need to know why. I need to see what % of users never come back and why so I can improve the product and make my customers happy.
Without this data I'm flying blind and my product will literally die.
I'm not interested in private information like your shopping habits so I can sell you ads.
Now the problem is most users are so cynical they want everything turned off.
I wish there was a way to have some sort of 'profile' to specify what I'm tracking.
I want to be the white hat but I'm in a room with some BIG black hats so it's obvious that users are going to be cynical and pessimistic.
There's an interesting, search based internet, with individual websites, small silos - think artstation -, federated networks, where people put their heart and soul into their content, and into their online homes, for fun. Well, mostly for fun.
In contrast, there is the throwaway, walled garden internet, "keep scrolling" internet - aka facebook - for those who don't want to* venture deeper. It is a matter of will. Eventually you'll follow content outside of FB by clicking on something, and it would be completely OK to follow links deeper and deeper. I know data plan issues with whitelisted FB vs non-whitelisted actual internet, but I remember a time when you paid by the minute on an 56k modem. At least something is whitelisted, unlike then.
But maybe it's as simple as potential fines grew to worrying numbers (somebody mentioned north of $100M) and they finally decided to challenge the ban.
Seems like some EU countries are using legislation as a direct source of revenue by piggy backing on popular sentiment.
Could Facebook just switch off Belgium? Would be interesting to see the backlash of no Insta, WhatsApp, Fbook for a week
So, ~0,04€/inhabitant/day seems a bargain.
I believe that’s your answer.
As much as I hate Facebook, your initial assumption is wrong. The fact that the state deeds something illegal doesn't mean it's wrong, and vice versa. The state is a terrible arbiter of morality.
The only reason we balk at thinking of tracking as immoral is because it's hugely unrealistic to combat it and outlaw it. And also because companies benefit enormously from it.
Citation needed? If we’re just swapping anecdotes, my experience has been that the vast majority of people I talk to are fine with being tracked on the internet, and think it’s a reasonable exchange for what they get out of it.
Is there survey data, for instance, that shows people actually feel strongly about this?
Edited to add: I think the most relevant survey data is people voting with their feet. And despite the 24-hour news cycle of Facebook privacy SNAFUs (both intentional and not), their user numbers aren't really falling off.
It's hard to take people seriously when they say "what Facebook does is profoundly evil, but it's outweighed by the value of cat videos/Crossfit videos/Tasty recipes/reading the political rants of acquaintances I haven't spoken to in a decade." :/
Also, from 2012-2013:
Study Finds Broad Wariness Over Online Tracking: https://www.nytimes.com/2012/10/08/technology/most-americans...
Survey: 3 Out Of 4 Consumers Now Notice Retargeted Ads: https://marketingland.com/3-out-4-consumers-notice-retargete...
I think most people expect tracking by the website that they're on, and ONLY that website. That's mainly for improving the website experience and so on. It wouldn't be a privacy violation since it's only their behavior for that website specifically, and no behavior from the other websites.
So in reality we're talking about websites that allow third party tracking or sell tracking information to third parties. That's a privacy violation.
It's far better at it than a corporation focused on chasing "shareholder value."
That is a lie. I didn't vote for the current state, and neither did majority of citizens.
I mean, can you imagine proposing tomorrow, "in rural parts of the country, let's give people 3x the voting power of those in urban parts of the country"? And yet, here we are.
Good.
I think good things will come out of this.
I think Facebooks reach is just to big to actually force it to become good. Sure, you might make it change certain practices, but at the end of the day, they would still find 'problematic' ways to develop their business.
Other, similar companies as well (did someone say Google?)
As it is, even just where we are with the HN gestalt's opinion would have been difficult to imagine two years ago. It's slow, but it's a very strong opinion change. Another couple of years and having Facebook on your resume may be a problem getting your next job, who knows.
Next to companies like Palantir, AT&T(Room641A), Equifax, and hell, even credit card processors, I've always found the ire directed at Facebook to seem... scapegoatey? I'd observe that anger against those companies was quick to fade, and has not seemed to negatively impact employees to work for them, nor created a regulatory environment wherein that work isn't supported. (selfishly us-centric here)
Hell, after the snowden revelations, did those with NSA/govt credentials have trouble getting a job? If that didn't move the needle (and I say this as someone who had been doing gov. funded research at the time, and would have liked to see a stronger response) I'm pessimistic that we'll ever see meaningful long term perceptual shifts in this respect outside of when they're driven by a media-cycle furor.
(To address the root of this comment tree, I think the fad hasn't outlasted the media cycle, I think the media cycle has realized this topic continues to drive clicks for now)
Simply, I worry a lack of privacy, and lack of accountability for corporations/govt, has largely become normalized; or at least that people are increasingly unlikely to act in this direction without heavy media pressure. I hope I'm wrong.
What can we expect from someone who looks like someone very greedy without any sense of morals? We should be rather happy he didn't become mass murderer or politician.
Yet... I don't think a presidential campaign is out of the question for Zuck at some point in the future.
[0] https://www.businessinsider.com/how-mark-zuckerberg-hacked-i...
Interestingly, he did it by recording failed sign-in attempts, seeing if any of the journalists appeared in the logs, then trying the passwords out on their email accounts.
Maybe Facebook's recently-announced log of 600m+ passwords was a feature not a bug...
The recording failed sign ins to harvest the journalist's passwords always intrigued me. It does make you think when you see they are recently logging passwords.
If your only information to support your post is a fictionalised movie, then maybe it's appropriate to wait to make your post until you can gather more information.
There is an argument that is often made when I (or others) advocate for ad blocking, and it always involves the evocation of "the little guy" content creator / website owner who gets shafted when adblockers are used. The problem with this argument, and the reason that I feel fully justified - even obligated - to blanket block all ads, is that it is essential to exert SOME kind of pressure against the large surveillance companies. They clearly don't care about their user's preferences, so the next way to fight this trend is to erode, to the greatest extent possible, the economics of their operations.
Facebook and the rest of the surveillance corporations can create shadow profiles on me from my digital crumbs if they want. At the end of the day I cannot stop them from doing that - and that's why I will never view, click on, or interact with any online ad under any circumstances, to ensure that they don't reap any significant economic reward from stalking me. When / if a semblance of sanity returns to online advertising and the personal privacy rights of users are respected by default, I will change my behavior accordingly so that content creators are supported. In the mean time I directly donate where possible.
On a side note, I notice an obliquely similar situation with Comcast and other big, anti-consumer tech companies that cannot avoid having large customer-facing communications divisions. The people they have manning their phone systems are inevitably exhausted, desperate-sounding, and clearly under some sort of sales quota. Sometimes I almost think that Comcast intentionally makes the lives of their call center employees as miserable as possible so that customers feel guilty dealing with them on the phone and have a lower probability of complaining about the company - after all, why beat up the peon in the cubicle farm about working for a company they already hate? It's almost as if these big companies have decided to use regular people's lives as human shields to hide their inhumanity behind.
https://news.ycombinator.com/newsguidelines.html.
Plenty of HN users post criticisms of Facebook (among other things) while remaining substantive and thoughtful. Please be more like them when posting here.
It isn't that you owe better to Facebook (or whoever). It's that you owe better to this community. Each comment posted here is responsible for the quality of the discussion that flows out of it.
Challenge all you want FB. EU is different, and you're a US company (cherry on top.) Game over.
This isn't, implicitly, true. The EU played this game very well and came out on top. Let me explain: The US companies like to off-shore their profits through so-called tax-haven countries, Ireland being chief amongst those[0].
In response to the tax-haven laws in the US of last year (or the year prior, I forget), many companies made their "official" european headquarters in Ireland, which is still under the EU.
So, even though they're "US companies", the companies impacted would be european entities, which are legally separate and bound to the EU jurisdictions.
Put succinctly: By the US companies trying to have their cake and eat it, too, they fell into a quagmire of having their "partners" bound by far stricter laws than exists in the US. Thus, the companies affected, aren't "US companies", in the legal sense of the word. :)
(Sorry for the long-winded response.)
[0] - https://www.quora.com/Why-have-Google-and-Facebook-chosen-Du...
I wonder if it was all fortuitous chance, or long-term planning of the most cunning type, by EU leaders.
Also, now I wonder how Brexit fits into this chess game.
Big companies will deal it with somehow, either they'll manage it or they'll fight it.