• blargerer@kbin.social
    link
    fedilink
    arrow-up
    50
    arrow-down
    2
    ·
    1 year ago

    Adblock detection has literally already been ruled on though (it needs consent). I’m sure there are nuances above my understanding, but it’s not that simple.

    • Puzzle_Sluts_4Ever@lemmy.world
      link
      fedilink
      English
      arrow-up
      14
      arrow-down
      2
      ·
      1 year ago

      Do you have a link to the EU requiring consent to detect ad blocking?

      Most of what I can find is from the late 2010s but specifically says that consent is not required for adblock detection. https://adguard.com/en/blog/eu-defines-its-stance-on-ad-blockers.html

      https://iabeurope.eu/wp-content/uploads/2019/08/20160516-IABEU_Guidance_AdBlockerDetection.pdf

      But also: I assume consent can be obtained with a mandatory TOS update.

      • icydefiance@lemm.ee
        link
        fedilink
        English
        arrow-up
        11
        arrow-down
        1
        ·
        1 year ago

        Blargerer is probably saying that because the Mastodon post OP linked to says “In 2016 the EU Commission confirmed in writing that adblock detection requires consent.”

        That, in turn, is probably referring to a letter received from the European Commission by the same person, which you can see here: https://twitter.com/alexanderhanff/status/722861362607747072

        It’s not exactly a “ruling”, but it’s still pretty convincing.

    • krellor@kbin.social
      link
      fedilink
      arrow-up
      8
      arrow-down
      19
      ·
      1 year ago

      You consent to their terms of service and privacy policy when you access their website by your continued use. They disclose the collection of browser behavior and more in the privacy policy. I suspect they are covered here but I don’t specialize in EU policy.

      • Naatan@lemdro.id
        link
        fedilink
        English
        arrow-up
        38
        ·
        1 year ago

        Their terms of service have to be compliant with local laws though. You can’t just put whatever you want in there and expect it to stand up in court.

        • krellor@kbin.social
          link
          fedilink
          arrow-up
          8
          arrow-down
          4
          ·
          1 year ago

          This is true. And I’ll disclaim again that I’m not an expert on EU law or policy. But I’m not familiar with a US policy or law that would preclude that consent to collection from being a condition of use. I’ve written these policies for organizations, and I think it will be a difficult argument to make. I’d love to read an analysis by a lawyer or policy writer who specializes in the EU.

          • TheGreatFox@lemm.ee
            link
            fedilink
            English
            arrow-up
            15
            arrow-down
            2
            ·
            1 year ago

            Not an expert either, but from what I’ve seen, the EU actually has some amount of consumer protection. The USA on the other hand mostly lets big corporations get away with whatever they want, as long as they make some “donations”.