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Google/Facebook: Do-Not-Track Threatens CA Economy

theodp writes "Google and Facebook are warning legislators of dire consequences if California passes a 'do-not-track' bill. The proposed law would require companies doing online business in the Golden State to offer an 'opt-out' privacy mechanism for consumers. Senate Bill 761 'would create an unnecessary, unenforceable and unconstitutional regulatory burden on Internet commerce,' reads the sky-is-falling protest letter bearing the stamp-of-disapproval from Google, Facebook, Yahoo, Amex, Acxiom, Experian, Allstate, Time-Warner, MPAA, ESA and others. 'The measure would negatively affect consumers who have come to expect rich content and free services through the Internet, and would make them more vulnerable to security threats.'"

33 of 363 comments (clear)

  1. MPAA and Google by x*yy*x · · Score: 4, Insightful

    Would you really want MPAA to get limitless power to track your every movement? What next, install tracking equipment and video cameras in your home so can MPAA can make sure you aren't making backups own your movies? After all, that would be really good for MPAA and barring such would "unnecessarily burden MPAA and movie studios business".

    It's actually an interesting thing among slashthink. This is one thing Microsoft is doing right. You don't see Microsoft among the privacy invasive companies like MPAA, Time-Warner, Google, Facebook, ESA etc.. That's because they don't want to track your every movement. Microsoft sells you software. You buy it, they're happy, and you don't lose your privacy. Still most here think MS is evil and Google is some kind of white knight. Well, a few quotes.. Eric Schmidt: "We try very hard to look like we're out of control. But in fact the company is very measured. And that's part of our secret.". And Schmidt: "If I look at enough of your messaging and your location, and use artificial intelligence, we can predict where you are going to go ... show us 14 photos of yourself and we can identify who you are.", and again, "If you have something that you don't want anyone to know, maybe you shouldn't be doing it in the first place."

    1. Re:MPAA and Google by ThunderBird89 · · Score: 3, Informative

      Microsoft sells you software. You buy it, they're happy, and you don't lose your privacy.

      I would argue with that, based on the amount of calling home Windows does, as well as the number of security holes in Windows enabling a breach of privacy...

      --
      Hyperbole: I use it liberally!
    2. Re:MPAA and Google by starfishsystems · · Score: 4, Insightful

      Microsoft sells you software. You buy it, they're happy, and you don't lose your privacy.

      Well, not really. First of all, you buy it and you do lose your privacy. Microsoft has been caught playing all kinds of tricks over the network. And it was among the first to try it. Others followed its example. A more accurate characterization is that if it can get away with it, it will.

      But that's only one, rather generic, thing to worry about. What makes Microsoft special is its efforts to monetize DRM. This is something it has been building towards for over a decade now. It's naïve to think that software buyers are Microsoft's only customer. In fact you do see Microsoft hanging out with the likes of MPAA and Time-Warner. You're just not invited to the table.

      --
      Parity: What to do when the weekend comes.
    3. Re:MPAA and Google by Doctor_Jest · · Score: 4, Insightful

      You're half right. Microsoft is notorious for the very thing you claim they don't do. They are in bed with the MPAA/RIAA, and a copy of Windows phones home more times than a kid at his first day of summer camp. Google isn't a white knight because they're a corporation in it for the profit. All corporations are evil. They do not care about us, nor do they care who they exploit to get more money.

        The quote "If you have something that you don't want anyone to know, maybe you shouldn't be doing it in the first place" reminds me of the position people take regarding privacy and over-reaching government snooping that violates the 4th Amendment. "If you're not doing anything illegal, you should have nothing to hide." And like that statement... It's not about what you do, it's about the power I have over my own life. I shouldn't be at the mercy of tracking software and invasive snooping simply because I'm online. It'd be like every time you went to Wal Mart someone who worked for them or one of the products in the store would follow you around, recording everything you did. What the "do not track" option does is as simple as saying "let me shop in peace." You will know what I buy when I check out or when I make a transaction. Seeing what I pick up and put back on the shelf is really of no concern. Stop selling it to marketeers and attempting to put me in a box that says "likes pie and Febreeze. Let's market Febreeze tasting pie to him!"

      --
      It's the Stay-Puft Marshmallow Man.
  2. MPAA with them? by conark · · Score: 5, Insightful

    That's not a good name to have associated with the rest. So much for Google not being evil. Maybe they should change their slogan to "Don't be unprofitable."

    1. Re:MPAA with them? by Bing+Tsher+E · · Score: 3, Insightful

      The end user is not Google's customer.

      We are the product they sell to their customers, who are the advertisers.

      The WWW as it is presently composed consists of a lot of end users, a scattering of small operators, and a handful of very wealthy owners of the Central Servers. It's so 'classic 19th century capitalist' that it screams at us, but so few people seem to understand that the entities that own the big servers are not our friends.

    2. Re:MPAA with them? by ThunderBird89 · · Score: 3, Insightful

      This:
      Shareholder: Do !
      Board: Sir, that would be evil, we can't do that for the sake of our customers!
      Shareholder: Do it, or I withdraw my capital, and this company dies!/Do it, and I'll double your salaries personally!
      Board: All in favor!

      --
      Hyperbole: I use it liberally!
  3. Lesson one: there is no free lunch by Anonymous Coward · · Score: 4, Insightful

    Lesson two: If it looks like there is a free lunch, think again. You're losing something worth more than cash up front.

  4. On the one hand, they're right by Compaqt · · Score: 5, Interesting

    The Californian economy is based on this stuff.

    On the other hand, it seems strange that the new American economy is based entirely on

    -hustling stuff via spam^H^H^H^Hemail marketing
    -getting people to click on ads while penalizing sites that ask people to click on ads
    -movies
    -figuring out who you are/what you've bought so you can buy more of it.
    -knowing who your friends are so you can be peer-pressured into buying more stuff.

    It just seems that after you've figured out the basics of food production, housing, metals/commodities, transportation, there's nothing left except for group-brainstorming ethereal "value-adds" like the above.

    --
    I'm not a lawyer, but I play one on the Internet. Blog
    1. Re:On the one hand, they're right by NixieBunny · · Score: 4, Insightful

      Amen. The notion that everyone is chasing each other's clicks to the bank is mystifying to me. Who's producing actual stuff?

      The worst sites for me are the sites that have millions of electronic component part numbers listed on thousands of pages, but that don't sell any of these parts. WTF???!!!??

      Of course, I'm looking for actual parts because I produce actual stuff to sell.

      --
      The determined Real Programmer can write Fortran programs in any language.
  5. Facebook opt-out by Anonymous Coward · · Score: 3, Funny

    Facebook already has an opt-out privacy mechanism called no using it.

  6. Re:Breaking News by rgo · · Score: 3, Informative

    WARNING!!! TROLL POST.

    Do not click the link of the parent post or your stomach will suffer!

  7. Well, okay by 93+Escort+Wagon · · Score: 5, Funny

    Google may have said that - but I'm sure they said it in an un-evil voice.

    --
    #DeleteChrome
  8. Re:Consumers by betterunixthanunix · · Score: 4, Insightful

    Welcome to the 21st century; living under that rock must have really been tough. These days, the Internet is not about netizens politely sharing information and having vigorous discussions, it is an adversarial game designed to extract the maximum amount of money from you.

    --
    Palm trees and 8
  9. Silly by 0123456 · · Score: 4, Insightful

    'Opt-out' is kind of pointless anyway because it will require a cookie to say you've opted out, which can be used to track you. The only law which would make sense is requiring people to opt-in to being tracked.

  10. Interesting group of signers by spopepro · · Score: 5, Interesting

    I found it interesting who was on the list and who wasn't.
    -Experian is but Fair Issac (who has a couple of offices near here) isn't.
    -Amex is but Visa, one of the Bay Area's largest employers, isn't.
    -Many insurance companies. I know past behavior is important to these companies, but web tracking? I don't know enough to see why this is worth fighting for on their end.
    -California Assoc. of Licensed Investigators. Probably the only honest ones on the list. "We want to be able to track you, because, um, we track people. That's what we do."

    So I wonder if some of the companies that aren't on here don't care, weren't asked, or actively don't want to be on a list with PR nightmares like the MPAA.

    1. Re:Interesting group of signers by betterunixthanunix · · Score: 4, Interesting

      Many insurance companies. I know past behavior is important to these companies, but web tracking? I don't know enough to see why this is worth fighting for on their end.

      Well, if you are someone who happens to frequent forums where people discuss depression and suicidal thoughts, you are probably not the person that the insurance company wants to offer a life insurance policy to; they might not advertise as heavily to you as to other people.

      California Assoc. of Licensed Investigators. Probably the only honest ones on the list. "We want to be able to track you, because, um, we track people. That's what we do."

      Congratulations on having written a comment that will be added to my personal "list of favorite /. comments."

      --
      Palm trees and 8
  11. Re:Translation by betterunixthanunix · · Score: 4, Insightful

    I have said it elsewhere, but...the Internet has now become an adversarial game. "Consumers" do things that corporations like Google do not want either -- "consumers" make use of websites and run up bandwidth, power, and personnel fees, and try to do so without paying anything for it. The corporations thus try to force consumers to provide them with revenue, and have turned to things like tracking your use of the Internet and selling that data to marketers.

    The solution will not be found in the law; it will be found be returning to a peer-to-peer Internet and leaving this "consumers getting services from corporations" model behind us. Sadly, a peer-to-peer Internet would require users who took the time to actually learn about their computers, which I doubt we will actually see any time soon.

    --
    Palm trees and 8
  12. Wait what? by future+assassin · · Score: 4, Insightful

    'The measure would negatively affect consumers who have come to expect rich content and free services through the Internet

    Lets forget about free services, why do you need to store my info if I pay for your rich content service. I'm more then happy to enter my CC details every time I need to renew your service.

    would make them more vulnerable to security threats.

    Sony? If my personal info is not stored anywhere how am I at risk to security threats?

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
    1. Re:Wait what? by betterunixthanunix · · Score: 3, Insightful

      Lets forget about free services, why do you need to store my info if I pay for your rich content service.

      Probably because your information is worth more than what you are willing to pay for the service.

      --
      Palm trees and 8
  13. it is opt out by fermion · · Score: 4, Insightful
    This means that a person cannot be tracked without their knowledge. These types of bills always destroy disreputable or legacy firns, but legitimate firms always finds a way to survive. In the case of Google and Facebook, they will merely have to gind an incentive to encourage people to not opt out. Both firms already do this. This why Google is succesful. While many end users have no problem turning off all the cookies for Yahoo and 2o7, because they provide no services that require cookies, I suspect the majority of people who use google and facebook have active cookies for these sites.

    I have said many bad things about Google, and now I add to that Google is officially a bloated and lazy firm, not capable of meaningful innovation. If it were it would not be pulling the 'lost jobs' argument. Such an argument is only made of irrelevant companies such as US auto makers and book publishers.

    Google, and to a lesser extent, facbook has made huge sums of money through consumer ignorance. What this is going to require that they share a bit more of those proceeds with the end user. Yes it will effect profits, and conceivably it will effect proficts enough that they will get out of the business, or leave california. Perhaps they can move to a desperate state like mississippi, and perhaps enough employee will follow. The reality is that California knows it has something that exists in few other places, and can enforce a code of conduct on the companies there. Othwise everyone would move 400 miles east to Nevada.

    --
    "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  14. Re:How about trying paid service? by BrianRoach · · Score: 4, Interesting

    What you're likely to see if this comes to pass is that people who "opt out" are then bitching that they now have to actually, you know, PAY for things like email, search, social networks, etc, just like in the good 'ol days when GEnie, compuserve, AOL, Prodigy, and your local ISP were charging by the hour for access.

  15. heh by uberjack · · Score: 3, Insightful

    So much for "Don't be evil"?

  16. Re:How about trying paid service? by cdrguru · · Score: 3, Informative

    Pay for something on the Internet? How quaint. Nonsense. People have grown up with the idea that the Internet is free and they aren't about to start paying now. No matter what.

    We've spent the last 15 years figuring out ways to get money from people without their knowledge or consent. Google has become very, very good at it. There is no way we are going to return to a model where people willing pay money for services that were previously free. Not going to happen.

  17. Re:Translation by betterunixthanunix · · Score: 3, Insightful

    The problem with tracking and targeted advertising, as far as I am concerned, is that it makes our 4th amendment rights just a little less meaningful. The government has already started turning to some of these companies to request information that they would otherwise require a subpoena or warrant to obtain, and they are now able to get that information without any court order. On its own that might not seem to be such a terrible thing; the problem is that it makes it easier for the government to pass more laws and imprison more people, which is the sort of thing the constitution is supposed to protect us from.

    Another, more philosophical issue is that the Internet was originally envisioned as a peer to peer system, with people around the world communicating with each other and working together. The fact that we are now speaking in terms of "consumers" who seek "services," and that those "services" must be paid for by tracking "consumers" is an indication of the failure of that ancient ideal. Instead of empowering people, the Internet has just reinforced the consumer oriented mindset; rather than solving problems on their own or working with others to find a solution, people just wait for a service that provides the solution to them and never bother to use their own minds.

    --
    Palm trees and 8
  18. Re:Yeah well by nolife · · Score: 3, Insightful

    People use the "cool" stuff because it is there and does not cost money. If there was a monetary charge for the same thing and no one used it, is that the fault of the people or the business offering. Do the people really lose in that situation? The business that does offer what someone wants and people are willing pay for it will be the winner for both groups.

    --
    Bad boys rape our young girls but Violet gives willingly.
  19. Re:Yeah well by icebraining · · Score: 5, Insightful

    The problem isn't that stuff isn't free, it's that the costs are purposely hidden.

  20. Re:Rich content by betterunixthanunix · · Score: 5, Interesting

    that's one company I'm not investing in any time soon.

    ...on the other hand, if you are an investor, Facebook is a godsend. Imagine asking Facebook this question: How many American users are posting messages that indicate they are out of work? The answer would be a far more accurate depiction of the number of unemployed Americans than any measurement based on official unemployment claims, and the answer would come sooner than official estimates. In a way, Facebook has so much information about so many people that you could probably make some accurate predictions about where the economy is going just by asking Facebook to answer the right questions, and adjust your investments accordingly.

    --
    Palm trees and 8
  21. Re:Consumers by Luckyo · · Score: 3, Insightful

    The change is from "Netizen" to "Product". You're not the consumer - companies your info is sold to are. You are the product being consumed.

  22. Re:Yeah well by zippyspringboard · · Score: 4, Insightful

    "Everyone wants cool stuff. But nothing is free. It is just basic economics."

    Fine then charge me for it. I don't want to give up my privacy.

  23. Looking at the endorsers, all the bad guys are on. by Animats · · Score: 5, Insightful

    The usual slimeballs are behind this:

    • 24/7 Real Media
    • ValueClick
    • AOL
    • Amway
    • MPAA
    • Direct Marketing Association
    • Network Advertising Initiative

    If all those organizations went bust, the world would be a better place. Applying some pain to all of them is a good first step.

  24. Re:Looking at the endorsers, all the bad guys are by Anonymous Coward · · Score: 3, Informative

    Posting anonymously to protect, um, something. But one more slimeball to add to your list is The Bernard Hodes Group, who aggressively use multiple means of tracking people who are applying for jobs--by selling analytics to large employers--to gain value for themselves. What that value is, I do not know for sure, but having worked with them on behalf of shared customers, and having forced them to accept zero PII on any transactions under my control, and seeing their reaction to that I'm 100% sure that a significant portion of the profit model is the reuse and possible resale of that tracking data.

  25. Re:Yeah well by Z00L00K · · Score: 3, Interesting

    From what we can see out of this is that we are actually in the future pictured by the 80's TV series Max Headroom where corporations rule, "TV" (today the internet) is global and number of viewers is what counts. Now we are just waiting for Edison Carter and Max to appear.

    --
    If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.