Tags: consent

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Monday, November 29th, 2021

Google, Facebook hiding behind skirts of small business

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.

Yes! This!

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.

UK ICO: surveillance advertising is dead

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.

Tuesday, November 23rd, 2021

Email Tracking and Paperless Banking – Dan Q

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.

On User Tracking and Industry Standards on Privacy | CSS-Tricks

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.

Tuesday, November 16th, 2021

Tracking

I’ve been reading the excellent Design For Safety by Eva PenzeyMoog. There was a line that really stood out to me:

The idea that it’s alright to do whatever unethical thing is currently the industry norm is widespread in tech, and dangerous.

It stood out to me because I had been thinking about certain practices that are widespread, accepted, and yet strike me as deeply problematic. These practices involve tracking users.

The first problem is that even the terminology I’m using would be rejected. When you track users on your website, it’s called analytics. Or maybe it’s stats. If you track users on a large enough scale, I guess you get to just call it data.

Those words—“analytics”, “stats”, and “data”—are often used when the more accurate word would be “tracking.”

Or to put it another way; analytics, stats, data, numbers …these are all outputs. But what produced these outputs? Tracking.

Here’s a concrete example: email newsletters.

Do you have numbers on how many people opened a particular newsletter? Do you have numbers on how many people clicked a particular link?

You can call it data, or stats, or analytics, but make no mistake, that’s tracking.

Follow-on question: do you honestly think that everyone who opens a newsletter or clicks on a link in a newsletter has given their informed constent to be tracked by you?

You may well answer that this is a widespread—nay, universal—practice. Well yes, but a) that’s not what I asked, and b) see the above quote from Design For Safety.

You could quite correctly point out that this tracking is out of your hands. Your newsletter provider—probably Mailchimp—does this by default. So if the tracking is happening anyway, why not take a look at those numbers?

But that’s like saying it’s okay to eat battery-farmed chicken as long as you’re not breeding the chickens yourself.

When I try to argue against this kind of tracking from an ethical standpoint, I get a frosty reception. I might have better luck battling numbers with numbers. Increasing numbers of users are taking steps to prevent tracking. I had a plug-in installed in my mail client—Apple Mail—to prevent tracking. Now I don’t even need the plug-in. Apple have built it into the app. That should tell you something. It reminds me of when browsers had to introduce pop-up blocking.

If the outputs generated by tracking turn out to be inaccurate, then shouldn’t they lose their status?

But that line of reasoning shouldn’t even by necessary. We shouldn’t stop tracking users because it’s inaccurate. We should stop stop tracking users because it’s wrong.

Monday, May 24th, 2021

Doc Searls Weblog · How the cookie poisoned the Web

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.

Saturday, May 22nd, 2021

Some long-winded thoughts on privacy policies and consent popups — Piper Haywood

A deep dive into GDPR.

Got Google Analytics on your site? You should probably read this.

Friday, March 19th, 2021

Cookie Consent Speed.Run

My current score is one minute and 18 seconds. Can you beat it?

Tuesday, May 19th, 2020

Measuring Performance behind consent popups – Simon Hearne

  • Opted out experiences are ~35% faster
  • Opting in downloads 2.5MB of additional JavaScript
  • Opted in repeat views are twice as slow as opted out

Thursday, November 7th, 2019

Data Patterns Catalogue

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.

Tuesday, May 29th, 2018

Consently - Privacy-friendly and GDPR compliant tracking

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.

Tuesday, April 10th, 2018

Facebook Is Tracking Me Even Though I’m Not on Facebook | American Civil Liberties Union

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.

Monday, January 29th, 2018

GDPR and Google Analytics

Enforcement of the European Union’s General Data Protection Regulation is coming very, very soon. Look busy. This regulation is not limited to companies based in the EU—it applies to any service anywhere in the world that can be used by citizens of the EU.

It’s less about data protection and more like a user’s bill of rights. That’s good. Cennydd has written a techie’s rough guide to GDPR.

The Open Data Institute’s Jeni Tennison wrote down her thoughts on how it could change data portability in particular. While she welcomes GDPR, she has some misgivings.

Blaine—who really needs to get a blog—shared his concerns in the form of the online equivalent of interpretive dance …a twitter thread (it’s called a thread because it inevitably gets all tangled, and it’s easy to break.)

The interesting thing about the so-called “cookie law” is that it makes no mention of cookies whatsoever. It doesn’t list any specific technology. Instead it states that any means of tracking or identifying users across websites requires disclosure. So if you’re setting a cookie just to manage state—so that users can log in, or keep items in a shopping basket—the legislation doesn’t apply. But as soon as your site allows a third-party to set a cookie, it’s banner time.

Google Analytics is a classic example of a third-party service that uses cookies to track people across domains. That’s pretty much why it exists. We, as site owners, get to use this incredibly powerful tool, and all we have to do in return is add one little snippet of JavaScript to our pages. In doing so, we’re allowing a third party to read or write a cookie from their domain.

Before Google Analytics, Google—the search engine business—was able to identify and track what users were searching for, and which search results they clicked on. But as soon as the user left google.com, the trail went cold. By creating an enormously useful analytics product that only required site owners to add a single line of JavaScript, Google—the online advertising business—gained the ability to keep track of users across most of the web, whether they were on a site owned by Google or not.

Under the old “cookie law”, using a third-party cookie-setting service like that meant you had to inform any of your users who were citizens of the EU. With GDPR, that changes. Now you have to get consent. A dismissible little overlay isn’t going to cut it any more. Implied consent isn’t enough.

Now this situation raises an interesting question. Who’s responsible for getting consent? Is it the site owner or the third party whose script is the conduit for the tracking?

In the first scenario, you’d need to wait for an explicit agreement from a visitor to your site before triggering the Google Analytics functionality. Suddenly it’s not as simple as adding a single line of JavaScript to your site.

In the second scenario, you don’t do anything differently than before—you just add that single line of JavaScript. But now that script would need to launch the interface for getting consent before doing any tracking. Google Analytics would go from being something invisible to something that directly impacts the user experience of your site.

I’m just using Google Analytics as an example here because it’s so widespread. This also applies to third-party sharing buttons—Twitter, Facebook, etc.—and of course, advertising.

In the case of advertising, it gets even thornier because quite often, the site owner has no idea which third party is about to do the tracking. Many, many sites use intermediary services (y’know, ‘cause bloated ad scripts aren’t slowing down sites enough so let’s throw some just-in-time bidding into the mix too). You could get consent for the intermediary service, but not for the final advert—neither you nor your site’s user would have any idea what they were consenting to.

Interesting times. One way or another, a massive amount of the web—every website using Google Analytics, embedded YouTube videos, Facebook comments, embedded tweets, or third-party advertisements—will be liable under GDPR.

It’s almost as if the ubiquitous surveillance of people’s every move on the web wasn’t a very good idea in the first place.

Sunday, January 14th, 2018

A techie’s rough guide to GDPR — Cennydd Bowles

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.

Friday, November 27th, 2015

Using consent over consensus for decision making

Mikey compares a few different decision-making processes (and in the process describes the fundamental difference between the W3C and the WHATWG).