Almost no-one has given informed constent to being tracked through spy pixels in emails, and yet the practice is endemic. This is wrong. It needs to change.
The technical challenge in blocking modern pop-ups is bigger than the pop-ups of the past decades. However, it’s long overdue that web browsers step up and act to protect their users’ interests. Pop-ups, pop-overs, interstitials, modal dialogs, whatever you want to call them! It’s time to ban them from the web again! At least immediately after a page load.
I really hope that Betteridge’s Law doesn’t apply to this headline.
Simply put, the popups asking people for consent whenever they land on a site are illegal.
While the dream of “personalized” ads has turned out to be mostly a nightmare, adtech has built some of the wealthiest companies in the world based on tracking us. It’s no surprise to me that as Members of the European Parliament contemplate tackling these many harms, Big Tech is throwing millions of Euros behind a “necessary evil” PR defense for its business model.
But tracking is an unnecessary evil.
Even in today’s tracking-obsessed digital ecosystem it’s perfectly possible to target ads successfully without placing people under surveillance. In fact right now, some of the most effective and highly valued online advertising is contextual — based on search terms, other non-tracking based data, and the context of websites rather than intrusive, dangerous surveillance.
Let’s be clear. Advertising is essential for small and medium size businesses, but tracking is not.
Rather than creating advertising that is more relevant, more timely and more likable we are creating advertising that is more annoying, more disliked, and more avoided.
I promise you, the minute tracking is outlawed, Facebook, Google and the rest of the adtech giants will claim that their new targeting mechanisms (whatever they turn out to be) are superior to tracking.
Behavioral ads are only more profitable than context ads if all the costs of surveillance – the emotional burden of being watched; the risk of breach, identity-theft and fraud; the potential for government seizure of surveillance data – is pushed onto internet users. If companies have to bear those costs, behavioral ads are a total failure, because no one in the history of the human race would actually grant consent to all the things that gets done with our data.
Tracking-industry body IAB Europe told that it has infringed the GDPR, and its “consent” pop-ups used by Google and other tech firms are unlawful. - Irish Council for Civil Liberties
Google and the entire tracking industry relies on IAB Europe’s consent system, which has now been found to be illegal.
Even if you can somehow justify using tracking technologies (which don’t work reliably) to make general, statistical decisions (“fewer people open our emails when the subject contains the word ‘overdraft’!”), you can’t make individual decisions based on them. That’s just wrong.
Prompted by my post on tracking, Chris does some soul searching about his own use of tracking.
I’m interested not just in the ethical concerns and my long-time complacency with industry norms, but also as someone who very literally sells advertising.
He brings up the point that advertisers expect to know how many people opened a particular email and how many people clicked on a particular link. I’m sure that’s right, but it’s also beside the point: what matters is how the receiver of the email feels about having that information tracked. If they haven’t given you permission to do it, you can’t just assume they’re okay with it.
Lou’s idea was just for a server to remember the last state of a browser’s interaction with it. But that one move—a server putting a cookie inside every visiting browser—crossed a privacy threshold: a personal boundary that should have been clear from the start but was not.
Once that boundary was crossed, and the number and variety of cookies increased, a snowball started rolling, and whatever chance we had to protect our privacy behind that boundary, was lost.
The Doctor is incensed.
At this stage of the Web’s moral devolution, it is nearly impossible to think outside the cookie-based fecosystem.
A deep dive into GDPR.
Got Google Analytics on your site? You should probably read this.
My current score is one minute and 18 seconds. Can you beat it?
- Opted out experiences are ~35% faster
- Opted in repeat views are twice as slow as opted out
I really like the work that IF are doing to document patterns around handling data:
- Signing in to a service
- Giving and removing consent
- Giving access to data
- Getting access to data
- Understanding automated decisions
- Doing security checks
Each pattern has a description, advantages, limitations, and examples.
This looks very useful: a script that will allow visitors to tailor which tracking scripts they want to allow. Seems like a win-win to me: useful for developers, and useful for end users. A safe and sensible approach to GDPR.
But while I’ve never “opted in” to Facebook or any of the other big social networks, Facebook still has a detailed profile that can be used to target me. I’ve never consented to having Facebook collect my data, which can be used to draw very detailed inferences about my life, my habits, and my relationships. As we aim to take Facebook to task for its breach of user trust, we need to think about what its capabilities imply for society overall. After all, if you do #deleteFacebook, you’ll find yourself in my shoes: non-consenting, but still subject to Facebook’s globe-spanning surveillance and targeting network.
Facebook’s “shadow profiles” are truly egregious …and if you include social sharing buttons on a website, you’re contributing to the data harvest.
If you administer a website and you include a “Like” button on every page, you’re helping Facebook to build profiles of your visitors, even those who have opted out of the social network.
If you are responsible for running a website, try browsing it with a third-party-blocking extension turned on. Think about how much information you’re requiring your users to send to third parties as a condition for using your site. If you care about being a good steward of your visitors’ data, you can re-design your website to reduce this kind of leakage.
In this excerpt from his forthcoming book, Cennydd gives an overview of what GDPR will bring to the web. This legislation is like a charter of user’s rights, and things don’t look good for the surveillance kings of online advertising:
The black box will be forced open, and people will find it’s full of snakes.
Mikey compares a few different decision-making processes (and in the process describes the fundamental difference between the W3C and the WHATWG).