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Google Analytics May Be Illegal In Germany

sopssa sends in a TechCrunch story that begins "Several federal and regional government officials in Germany are trying to put a ban on Google Analytics, the search giant's free software product that allows website owners and publishers to get detailed statistics about the number, whereabouts, and search behavior of their visitors (and much more)." Here's Google's translation of the article from Zeit Online (original in German). A German lawyer cited there says that penalties for websites that uses Google Analytics could amount to €50,000 (about $75,000). Reader sopssa adds, "The amount of data Google collects from everywhere on the Internet is indeed huge, and website owners should be using a local open source alternative to keep visitor data private."

52 of 241 comments (clear)

  1. Schadenfreude by Anonymous Coward · · Score: 5, Funny

    Everything is illegal in Germany.

    1. Re:Schadenfreude by mrwolf007 · · Score: 4, Funny

      Everything is illegal in Germany.

      Bullshit. Only if its usefull for anything.
      Otherwise the chances of it being illegal are merely high.

    2. Re:Schadenfreude by atheistmonk · · Score: 2, Funny

      How else do you think Inspector Rex would stay on the job?

    3. Re:Schadenfreude by rrohbeck · · Score: 4, Insightful

      Except saying bad words on TV or being naked in public :)

    4. Re:Schadenfreude by introspekt.i · · Score: 2, Funny

      You're not as far off the deutchmark as you think.

      There, fixed that for you.

    5. Re:Schadenfreude by davester666 · · Score: 3, Funny

      Sssh. You're not supposed to mention 'H'. And whatever you do, don't talk about the war.

      --
      Sleep your way to a whiter smile...date a dentist!
    6. Re:Schadenfreude by beefnog · · Score: 2, Interesting

      I'm actually an American on vacation in Frankfurt at this very moment, and it is, indeed, a much more regulated environment. Seeing three guys walking through the aiport, one of them holding an automatic weapon at the ready, and getting the feeling that they're just waiting for a reason to jump you is very sobering. As far as everything being against the law, after talking candidly with some of my friends that live in Germany that is a far less humorous statement than it should be.

    7. Re:Schadenfreude by misexistentialist · · Score: 3, Informative

      And prostitution

    8. Re:Schadenfreude by mister_playboy · · Score: 3, Funny

      What does Mongolia have to do with this story?

      --
      Do what thou wilt shall be the whole of the Law ::: Love is the law, love under will
    9. Re:Schadenfreude by stirz · · Score: 3, Insightful

      Fortunately, "The country that tried to take over the world" has ceased to exist in May 1945. So what are you talking about?

    10. Re:Schadenfreude by moronoxyd · · Score: 3, Informative

      I call bullshit.

      The German policemen have a handgun, that's it.
      As far as I know they don't have a shotgun in the trunk or anything.
      Policemen with more armament are the German equivalent of SWAT or riot troops (say when a major league soccer game is on or a high profile demonstration).

    11. Re:Schadenfreude by kju · · Score: 4, Informative

      The German police certainly sound more threatening. A friend of mine spent the summer there, and saw lots of police with automatic weapons, grenades, bandoleers, the whole nine yards.

      I wonder how your friend managed to see such heavy armed police that often. I actually live in germany and the normal police officer has his normal gun and nothing else. I only see police with automatic weapons at the airport. I have never seen police with grenades and neither with bandoleers. I think your friend is full of shit.

      German police: definitely more "threatening." Not necessarily any more dangerous, but definitely more threatening.

      Says the guy who does not even have firsthand experience of seeing german police? When talking about mere perceived threat, juding by what i occasionally see on tv news, i would feel much more threatened by the police and other security in the USA, carrying nasty stuff like teasers and so. I've never seen a machine gun outside of a german airport, and the only other weapon beside the normal police gun i have seen with german police was a club. And this is very unusual as well.

      So stop spreading second hand bullshit.

    12. Re:Schadenfreude by dunkelfalke · · Score: 2, Insightful

      Frankfurt airport really sucks. Try DUS sometimes, it is much more relaxed and friendly.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    13. Re:Schadenfreude by ProzacPatient · · Score: 2, Insightful

      I've said it once and I'll say it again: Germany is not a free country.
      I always hear about them banning something or other for some stupid reason because it isn't good for the public.
      The most recent thing I heard about was that German politicians banned paintball because they believe it will lead to less gun-related violence and therefore good for society, and then you can't say anything about Nazis or face jail time or some other severe penalty and video games have to be heavily censored.
      I could go on on but in short I put Germany up there with China, not quiet as bad but still the fact that free speech is merely an illusion there makes me feel that Germany has a ways to go in terms of personal liberties when compared to several other democratic countries in the western world.

    14. Re:Schadenfreude by kju · · Score: 5, Insightful

      Sorry, disregard my other posting, something went wrong.

      I've said it once and I'll say it again: Germany is not a free country.

      I'm german and i actually feel that i'm in a very free country, thank you very much. Yes, there are some laws which i disagree with, but overall it is fine.

      and then you can't say anything about Nazis or face jail time or some other severe penalty

      Complete bullshit. You can say a lot about nazis and the nazi era. You can discuss this, and you are even free to utter dumb sentences like "not everything was bad in nazi germany" (which is technically spoken true, but a dumb statement nethertheless as a german tv personality badly learned a while a ago).

      You are only banned from showing symbols like the swastika, play/sing some songs like the "Horst Wessel Lied" (horst wessel song, hymn of the nazi party), deny the holocaust or praise the unlawful nazi regime. But even doing this will most of the time not lead you into jail. A fine will do in most cases.

      Now you might argue that this is against freedom of speech, but as a german i feel that given our history there is very good reason to ban said things, especially denying the holocaust. Our ancestors have done enough harm to e.g. jews, there is no need to further harm them by allowing to state that the horror they (the few who were not killed) encountered actually never happened.

      I could go on on but in short I put Germany up there with China, not quiet as bad

      Yes, you could go on with bullshit claims, but this still puts germany nowhere near china. Not quite as bad? That is the understatement of the year.

      but still the fact that free speech is merely an illusion

      Still the fact is that free speech is actually provided in germany. But most of us germans (and europeans in general) have a different feeling of the meaning of free speech. Free speech is fine, but the right to it ends where others are harmed. I don't have a problem with that, and most people i know don't have either. This concept might be hard to grasp for a citizen of the United States, but i'm still fine with it and i don't feel that i'm missing some of the banned speech.

      there makes me feel that Germany has a ways to go in terms of personal liberties when compared to several other democratic countries in the western world.

      I take it that you are from the US. People like you also have a long way to go until you will finally understand that the us american believes are not the holy grail to which the whole world needs to subscribe.

    15. Re:Schadenfreude by timbo234 · · Score: 2, Informative

      and drinking alcohol in public (including parks and public transport)

      --
      Pre-canned Evolution Links for all those Slashdot holy wars.
    16. Re:Schadenfreude by Carewolf · · Score: 2, Funny

      i would feel much more threatened by the police and other security in the USA, carrying nasty stuff like teasers and so.

      Hey, don't tease me bro!

    17. Re:Schadenfreude by jimbolauski · · Score: 3, Insightful

      So you have free speech by you can't freely say the the holocaust didn't happen, In most free countries free speech is the right to say anything no matter how ignorant with out penalty under the law. There are two exemptions yelling fire in a theater and calling for violence, everything else is protected. Germany has limited speech in that they can criticize the government but they are not free to say what they please without the retribution of the government. The fact that you are complicit with less rights doesn't change anything citizens in North Korea and China are fine with their lack or rights but they still are not free.

      --
      Knowledge = Power
      P= W/t
      t=Money
      Money = Work/Knowledge so the less you know the more you make
    18. Re:Schadenfreude by digitig · · Score: 2, Informative

      Legally police in the US need to be carrying a non-lethal weapon if they're armed, so they have options before handling their pistol.

      Maybe, but what has that got to do with tasers?

      --
      Quidnam Latine loqui modo coepi?
    19. Re:Schadenfreude by Simetrical · · Score: 2, Insightful

      So you have free speech by you can't freely say the the holocaust didn't happen, In most free countries free speech is the right to say anything no matter how ignorant with out penalty under the law. There are two exemptions yelling fire in a theater and calling for violence, everything else is protected.

      That's not true. There are a multitude of exceptions even under US law, which has the strongest free speech protections in the world. The general rule is that to restrict speech, the government must show that the measure is narrowly tailored to serve a compelling interest. Some types of speech that are illegal in the US, randomly off the top of my head: defamation; false advertising; inciting crime; cigarette advertising in many contexts; obscenity; lying in court or to police or a grand jury; breaking a non-disclosure agreement; speech that infringes copyright or other intellectual property rights; dissemination of classified information; providing aid and comfort to the enemy in time of war; and lots more. The Wikipedia article has more discussion.

      However, it should be said that purely political speech is nearly always protected in the US, unless it directly advocates violence or something like that. Restrictions on free speech in the US are nearly always content-neutral when it comes to politics or ideology (although not so much commercial or other types of speech).

      This is the objectionable thing to Americans, I think. Germans are prohibiting some portion of the population from even trying to even convince anyone they're right. If that's allowed, a majority of the population can prevent minority views from even being heard or considered. It might be Nazism today, but it could easily be anything else tomorrow (witness prosecution of some people speaking out against Islam). Cigarette companies might not be able to advertise as much as they'd like in the US, but they can try to convince people to change their minds about that.

      --
      MediaWiki developer, Total War Center sysadmin
  2. Ridiculous. by MikeFM · · Score: 4, Insightful

    If you come to my website then I, or my designated party, have the right to record the fact that you came to my website. If you don't like it then don't use the web. Is it also against the law to record what customers come in the door of your brick and mortar store in Germany?

    --
    At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
    1. Re:Ridiculous. by sopssa · · Score: 4, Informative

      There are however data protection laws in place and especially about storing personal information in other countries. From the article:

      This isn’t the first time German privacy protection officials have voiced their concerns about the Google Analytics service, as it had earlier criticized the search giant over keeping everyone ‘in the dark’ about which information they’re collecting exactly and how much identifiable data is sent to and stored on servers located on U.S. soil. German laws prohibit such data to leave the country, they claim.

      If you or your website is giving such personal info to other party and it's stored elsewhere, you will be just as liable. And let's be honest, Google is able to profile people really good. German authorities are especially worried about political parties and pharmaceutical companies websites.

    2. Re:Ridiculous. by martin-boundary · · Score: 4, Interesting

      No. What people end up accepting in the States is their business, but the EU has a number of data protection principles (see section 2.2). Veiled third party advertising bugs don't follow those principles.

    3. Re:Ridiculous. by Anonymous Coward · · Score: 4, Informative

      It's not really about you recording the fact that someone came to your website. The article says that there are worries that Google could further use the data, and eg connect it with the data they might have from Google Mail or other sites using Google Analytics, thus generating profiles about habits and preferences etc. If you use Google Mail, it is your own decision, but you might not be aware if you visit a site using Google Analytics and that not only the site owner records the fact that you were there, but Google knows, too (including all other Google Analytics sites you were visiting).

      According to the article, nothing is decided. There is also some dispute whether the above scenario is possible under Google's own usage terms. Currently, it's a discussion among the data protection officials from the various German states. So, currently, they are basically doing their job.

    4. Re:Ridiculous. by nurb432 · · Score: 2, Funny

      You don't have that right if the laws don't give it to you. Don't like the laws, move elsewhere.

      --
      ---- Booth was a patriot ----
    5. Re:Ridiculous. by Tom · · Score: 4, Informative

      Is it also against the law to record what customers come in the door of your brick and mortar store in Germany?

      Depends. It is illegal to store their name, home address, passport number and blood type just because they wanted to shop at your place, yes.

      And rightly so. You do business under the law of the land, so the law of the land tells you how you can do it. If you don't like it, you can shove off to some place in the middle of Africa where they don't have laws.

      --
      Assorted stuff I do sometimes: Lemuria.org
    6. Re:Ridiculous. by Anonymous Coward · · Score: 2, Funny

      If you run that website in Germany, it is illegal for you to save customers' personal data longer than X days.

      Germany is using Roman numerals again?

    7. Re:Ridiculous. by MikeFM · · Score: 2, Informative

      Analytics isn't really an advertising tool. It just keeps statistics on things obvious to the web server when you connect to it. IP address, location, referring page, browser, etc. It's like knowing that a middle-aged white male in a red sweatshirt came in the door.

      --
      At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
    8. Re:Ridiculous. by darthwader · · Score: 4, Insightful

      It's not quite as cut-and-dry as you think.

      It could very well be illegal to follow you around the store and record every product you looked at, and then follow you around the library and see every book you look at (and then examine the records to see what you have ever checked out), then followed you to the video store and measured exactly how much time you spent looking at each title (and also examine your rental history).

      The Germans lived through both the Nazis and with the KGB. They have a good reason to be sensitive about protecting people's privacy.

      --
      I hate it when I make a joke and I get modded "+5 insightful". Mod the stupid comments "funny", not "insightful", pleas
    9. Re:Ridiculous. by rrohbeck · · Score: 2, Insightful

      A "usage profile" for a user ID is also considered illegal if the user hasn't opted in or it is at least clear that the data is being collected. This is because those stats are not really anonymous. If they were, Google wouldn't be interested in them. It has been shown repeatedly that tracking back "anonymous" profiles to a RL user isn't hard if you have enough data.

  3. Blocked with NoScript by misiu_mp · · Score: 2, Informative

    I found about google analytics when I started using the NoScript plugin. Its used almost everywhere!

    1. Re:Blocked with NoScript by al0ha · · Score: 5, Informative

      Actually, NoScript only does part of the job, google-analytics.com, coremetrics.com, any many other ad/tracking entities sneak around NoScript on many sites, including /.

      Install the RequestPolicy add-on and browse /. again, you will see what I mean.

      --
      Did you ever wake up in the morning, with a Zombie Woof behind your eyes? -- FZ
    2. Re:Blocked with NoScript by Anonymous Coward · · Score: 3, Insightful

      Actually, NoScript only does part of the job, google-analytics.com, coremetrics.com, any many other ad/tracking entities sneak around NoScript on many sites, including /.

      Fortunately, they don't sneak around a HOSTS file very easily. (I suppose they could replace themselves with their own IP addresses, but that defeats the purpose of DNS, and would render them visually indistinguishable from malware. Which, in a sense, they are...)

  4. Open source? by DriedClexler · · Score: 3, Funny

    "Do, we didn't illegally disclose your data; we open-sourced it!"

    --
    Information theory is life. The rest is just the KL divergence.
  5. Re:10 Years ago... by misiu_mp · · Score: 2, Informative

    FYI: In 2000 1 dollar was 1.083 euros (enl. http://en.wikipedia.org/wiki/Tables_of_historical_exchange_rates_to_the_USD). Why would it be 25000 eur more ten years ago? Anyway, 75000/1.083 is 69250.

  6. Re:Oh noes! They stored a cookie! by sopssa · · Score: 3, Informative

    And they are storing that cookie everywhere on the internet now a days. Google can build a pretty accurate profile about you (unless you've blocked it, but 'casual' people usually don't)

    Have you actually used the Analytics service? It shows very detailed information about visitors, where they are coming from and what they do on the website. There's tons of statistics and other stuff available, and Google can track the individual people across the internet.

  7. Has Google ever betrayed our trust? by SheepFister · · Score: 2, Interesting

    I don't understand people saying that Google knows too much about each of us. Maybe I haven't been paying close enough attention as of late, but has Google ever done wrong by their users? And besides, as an entirely uninteresting person, I don't really care if Google knows my surfing habits. I hear the same argument against the club cards at supermarkets, and the same response applies. I don't care if the supermarket "Man" knows that I buy excessive amounts of phallic vegetables and personal lubricant (unrelated).

    1. Re:Has Google ever betrayed our trust? by Anonymous Coward · · Score: 2, Informative

      I don't understand people saying that Google knows too much about each of us. [...] has Google ever done wrong by their users? And besides [...] I don't really care if Google knows my surfing habits. I hear the same argument against the club cards at supermarkets, and the same response applies.

      Thank you for not caring. This is not about google but the

      Over here in the real world, there is quite a difference between an opt-in scheme and the default assumption that your visitors don't mind you keeping every bit of information you can. "Well, then they shouldn't visit me!" you say, ignoring the huge power differential between the average visitor (consumer) and website owner (vendor).

    2. Re:Has Google ever betrayed our trust? by PPH · · Score: 2, Insightful

      but has Google ever done wrong by their users?

      And would you ever know? Are you sure that the prices you find on line are the same ones I see? Some manufacturers of luxury goods might not even want "your kind" seen in public with their product (replace "your kind" with whatever socio-economic group you want). Maybe you can't even see their web pages in a search.

      I don't really care if Google knows my surfing habits. I hear the same argument against the club cards at supermarkets, and the same response applies.

      In addition to the loyalty club discount, I also get an additional percentage knocked off at the cash register. Plus, I get rebates. Because they like me. I'm a desirable customer. You, not so much.

      --
      Have gnu, will travel.
  8. Re:10 Years ago... by NoYob · · Score: 2, Insightful

    But it's still disappointing. And I don't think the Dollar will ever get back to where it was.

    --
    It's NOT me! It's the meds! I'm on 1000mg of Fukitol.
  9. Re:10 Years ago... by Anonymous Coward · · Score: 2, Informative

    The Euro was introduced in 2002. 10 years ago that would have been in Deutschmark.

    The Euro was introduced January 1st, 1999. In 2002, the Euro cash was introduced, up til then, the old national coins and bills were used as "regional" denominations of the Euro. But they were no independent currencies anymore.

  10. Complete nonsense. by Anonymous Coward · · Score: 4, Insightful

    Dear Sir or Madam,
    this is acutally complete nonsense.
    If you choose to publish, you have no right whatsoever to track who is reading your publication for what reason.

  11. Re:good by Thinboy00 · · Score: 2, Informative

    Adblock Plus doesn't block anything by default. It does present you with a list of filter subscriptions. Just install EasyPrivacy from the same folks who probably made the subscription you use now (EasyList).

    --
    $ make available
  12. Oh, that will improve things by isomeme · · Score: 2, Insightful

    Yes, I certainly want my personal data tracked and stored by 200 small-to-medium businesses that don't understand net security rather than one company with the knowledge and resources to do it well. I feel safer already!

    --
    When all you have is a hammer, everything looks like a skull.
  13. Hell froze over. by SharpFang · · Score: 2, Funny

    Government wants to ban a proprietary tool serving obtaining vast amounts of data about the net users by a big corporation, without the users' content. The government suggests an open-source alternative.

    Slashdot crowd violently opposes.

    brb checking if RMS applied for a job at Microsoft.

    --
    45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    1. Re:Hell froze over. by Kalriath · · Score: 2, Funny

      Said big corporation is Google. Google can't do wrong, you know?

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  14. Re:What's one of the #1 blocked items in my browse by Enleth · · Score: 2, Interesting

    Well, it makes. For the website author who just wants to have the goddamned statistics presented in a convinient, easy-to-digest format to be able to focus on actual improvements to the website, and not on wrestling with half-arsed local statistics generators that use access logs, 1px images, session cookies and somesuch.

    As a website admin, I'd gladly switch to a solution that does not raise such concerns as GA, but there is none of comparable quality and I'm not in position to make my own with an appropriate feature set. Piwik is somewhat close, but it doesn't support PostgreSQL, which is a show-stopper for me - installing a second RDBMS just for a single auxiliary application is out of question. Besides, it's still probably going to be blocked by NoScript and the likes.

    So, what other options do I have?

    --
    This is Slashdot. Common sense is futile. You will be modded down.
  15. Not local by DrYak · · Score: 5, Informative

    It just keeps statistics on things obvious to the web server when you connect to it. IP address, location, referring page, browser, etc.

    But these statistics aren't run local on the webserver itself. They are transmitted to Google.

    It's like knowing that a middle-aged white male in a red sweatshirt came in the door.

    No.
    It's like *telling Big Brother* that a middle-aged white male in a red sweatshirt came in the door of your house.
    And asking Big Brother to do some statistics about who comes to your house for you.
    Sure from the website's owner point of view, the result is the same : he/she got on who visits the site.
    BUT from the *user* point of view it is different : The user accepted the fact that, by entering your house, you'll know the users' age/sex/clothes colour. BUT the user never accepted in the first place that you also send these informations to big brother.

    The EU regulate clearly what you can transmit to 3rd party.
    Here the problem is not that website are doing *stastistics* (they can the information is trivial).
    The problem is that, in order to compute said stats, the websites *forwards* the data to google : a 3rd party which has nothing to do in the first palce.

    The solution : Use adblock and/or noscript.

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
    1. Re:Not local by maxwell+demon · · Score: 3, Insightful

      If it's a German business, it's bound by German law. Having the webhosting in the U.S. won't help in that case.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    2. Re:Not local by bickerdyke · · Score: 3, Insightful

      It's like *telling Big Brother* that a middle-aged white male in a red sweatshirt came in the door of your house.

      No, it's like telling a guy at a marketing company that a middle-aged white male in a red sweatshirt came in the door of your business.
      A marketing company that is paying you or has some type of agreement with you to supply such information.

      No. Google tracking cookies are unique to a single browser profile. Thats usually even a single user account.

      So it's like letting "big brother" now, that the SAME person that used his credit card, issued to "Henry Johnson, Whatever Rd 34 (full adress)" at Walmart 2 hours ago, and who watched "Nuns with leather & whips" porn site 2 days ago, just came in the door of your house. Oh and yes, he's wearing a red sweatshirt.

      --
      bickerdyke
  16. Take a look at your cookies by sinrakin · · Score: 4, Informative

    Before getting too paranoid about google analytics, take a look at the actual cookies it stores. E.G. in Firefox "Tools", "Options", "Show Cookies", search for "__utmz". Whoa, there are a few hundred. Check out the one from Slashdot - in my case: "9273847.1252068577.1.1.utmcsr=(direct)|utmccn=(direct)|utmcmd=(none)". "9273847" means "slashdot.org". "1252068577" means me, when I go to Slashdot. The rest of the stuff has to do with how I found the site. But now look at __utmz for say, pennyarcade.com: "84531096.1252070740.1.1.utmcsr=(direct)|utmccn=(direct)|utmcmd=(none)". It's a different web site ID, but it's also a different user ID. There's no correlation between the person who goes to slashdot, and the person who goes to pennyarcade. Google can't tell that they're both me. My ID is different on every single web site that uses Google analytics. The only purpose of the ID is so that, for a single given website, they can tell the difference between one person visiting it a hundred times, or a hundred people each visiting it one time. There's no other personally identifiable information tied to that number. Your analytics cookies on all those sites are not correlated with each other; they're not tracking everything you do.

  17. Google translation by Rogue+Pat · · Score: 2, Insightful

    Am I the only one who thinks it's funny that they point to a Google translation of a story how Google analytics may be illegal in Germany? ;-)