German Officials Outlaw Facebook 'Like' Button
from the are-you-kidding-me? dept
We've talked a few times in the past about ridiculous German laws that seriously restrict online offerings, but the latest may be the most ridiculous of all. Apparently a German "data protection" official has ruled that Facebook's "like" button violates privacy laws in the country.Thilo Weichert, who works for the data protection centre of the northern German state of Schleswig-Holstein, said the social network’s application allowing internet users to express their appreciation of something online, illegally cobbled together a profile of their web habits.Facebook, of course, is claiming that this is ridiculous and it has implemented the "like" button in accordance with Europe's data protection laws. Looking at the details, it seems clear that these officials in Germany seem to think that pretty much all of the internet violates data protection laws. Any ISP can already do exactly what Weichert accuses Facebook of doing, but (like Facebook) they have rules that protect how that data is used in accordance with the law. Just because such information could be abused, it doesn't mean that it is.
“Facebook can trace every click on a website, how long I’m on it, what I’m interested in,” he said. According to Weichert, all the information was sent to the US company even if someone was not a Facebook member.
Saying this contravened both German and EU privacy laws, Weichert demanded websites in Schleswig-Holstein remove the ‘like’ button from their offerings by the end of September or face a fine of up to €50,000.
But the bigger point is that this is a choice for sites and users and it is not an issue that needs government involvement. Many people like using the "like" button, which is why it's so popular. If it wasn't useful to them, it wouldn't be showing up on sites. Banning it to protect the users who want to use it makes no sense at all.
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Filed Under: germany, like button, privacy
Companies: facebook
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Re:
After the fact that they will be shutting down their power plans in the future, I really don't expect much from Germany in the terms of sanity. Shame that,
I even learned German because I liked the industrious and ingenious nation.
I think you are unfair to Germany. The nation's constitutional court had the common sense to nullify the EC data retention law.
The problem of tracking the end user is likely going to be much worse in the US after ISPs begin logging IP addresses for months.
if I had to choose between mandatory data retention over Germany's admittedly silly and overreaching privacy laws, I know what I wouldn't like.
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Re: Re:
(??????????????????)
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Re: Re:
Well, you no longer have the choice to like something in Germany anyway...
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Nope, just that it will be.
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Re: pinnnnnnnnnnnnnng dissi oi
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Not so fast
Facebook might promise to comply with German law, but any personally sensitive information held by a US corporation may notwithstanding be subject to a national security letter.
Of course, that issue is not isolated to Facebook's Like button.
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Re: Not so fast
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Re: Re: Not so fast
Oh wait, ppl throw their personal data willingly towards Facebook... derp
Correction: People throw their personal data willingly towards Facebook and any US agency capable of spelling national security letter. As a noncitizen residing outside the territorial United States, you have no privacy rights at all.
Any foreign website transferring info to any US corporation should at least inform its users that any promised compliance with EC data protection laws is inapplicable to info held by a US corporation.
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Re: Re: Re: Not so fast
Basically, what Thilo Weichert is saying is that any website is a privacy risk and should be illegal.
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Re: Re: Re: Re: Not so fast
So, you're saying that's now gotten to the point that ALL websites are using web bugs? Sad, if true.
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technology as magic
If this quote is accurate, either Herr Weichert has a very poor grasp of how the internet works, or I do.
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Re: technology as magic
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Re: technology as magic
Ummm...hate to be the bearer of bad news, but:
http://news.cnet.com/8301-13578_3-20006532-38.html
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Like button is a script--no clicking needed.
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Re: Like button is a script--no clicking needed.
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Re: Re: Like button is a script--no clicking needed.
Scripts that run when a page is loaded don't require you to "press the button".
Or, heck, I can write a script that will do it.
You would probably need to learn how scripts work first.
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No Click Required
On the other hand this behavior is one of the reasons I use 'ad blocking' and no-script plugins. Part for the annoying ads but also to stop 3rd party tracking.
It's not that FB is tracking every click but they can piece together the sites you visit that have a like button. No click required.
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Re: No Click Required
You should add ghostery to your armoury, by the way. It's yet another layer of protection against tracking. And it just sits there in the corner, not bothering anyone while doing it's thing ;)
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Srsly, Germany? That much fail?
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But....but.....it's for........
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Criminal Dislike
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Re: Criminal Dislike
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"Just because such information could be abused, it doesn't mean that it is."
You're right. But I don't think this is a valid argument, and neither do you when it comes to other points (how many times have I read a paraphrase of 'it's not about whether or not the law will be abused, but the fact that it could be abused'?)
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Re:
The fact that it's voluntary on the part of the users? That's a perfectly good point. Laws are imposed upon us, often against our wishes and sometimes to our detriment. This is a feature of a social site that the users can simply ignore if they wish.
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Re: Re:
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Re: Re:
Except it isn't. Why are you trying to claim something untrue?
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the issue lies with facebook
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Oh, fer cryin' out loud...
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So much misinformation...
1. The main problem is, that data is sent outside the EU where no real privacy laws are in effect.
2. Data of people who aren't using Facebook is collected too. And that data gets stored for up to two years. Which means whenever I visit a website without NoScript I almost certainly get tracked by one service or another.
3. The announcement of Mr. Weichert only affects Schleswig-Holstein, i.e. only website operators from that state are affected.
The correct solution would be, that Mr. Weichert goes after FB and other services offering tracking and not some random person running a website with some button on it. (Though I personally consider it unfriendly to hand my behavioural data on a silver platter to third parties without my prior consent (unless I get active and use a combination of NoScript and Adblock Plus).)
Still, this article could use some tuning down. Though the way it's written in might be intentional to get more clicks...
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oh those germans
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Would you mind...
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Anything that hampers Facebook is to the good.
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Anything that hampers Facebook is FTW.
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That is clearly a violation of privacy, because you don't get a simple way to opt out, no warning that you are being tracked, etc.
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It's Techdirt, who should do their homework
1. Yes, the like button tracks everyone, without even being clicked.
2. Yes, any site can track what a user does on the site, but cannot track what the user does on other sites. Facebook however can and does track you across million sites, without your knowledge or agreement. Hell, you do not even have to be a facebook user
so, do you really want any company to track u across millions of sites, without your agreement and even knowledge? I sure use facebook, but I am not sure, I would like any comoany to know, that e.g I am homosexual, spend 2 hours to watch porn and blog on the anonym alkoholics forum 3 times a week :).
Sorry for the spelling, th e mobile issoooo small
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For once...
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Re: For once...
Me too! I agree with anything that criticizes the Masnick!
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Facebook is well known for compiling huge databases with information on millions of people. Not only to be sold to corporations for advertising but also to be given/sold to the US government. They steal contact numbers from your iphone if you unknowingly let them as well as try to implement facial recognition on the pictures.
I think the government stepping in and banning parts of this is what they are supposed to do.
Also I remember reading an article about the German government not allowing the naked body scanners in their airports. The same ones used in the USA. Stating it's because they are 1. not safe and 2. not effective.
This is one of the few articles on here I would have to disagree with. It's not the users' choice to unknowingly let these corporations gather info on you and sell it to whoever they want. They have a right to privacy and it's the government's job to ensure that.
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Author does not get the point
Since the user who visits a page cannot see if that page uses the button until he actually visits the site, his movements inside the net will be tracked without his consent. That's not OK because users must be able to have a choice. That choice is taken away, hence the button violates EU Law.
Also possible would be to inform Facebook users at login that their movement inside the internet will be captured for as long as they are logged in.
It is false that Facebook and ISP's would be regulated by the same set of laws. The regulations for ISP's go much further than those for website owners.
As to what Facebook's intend is, the facts are already out.
German Tech website heise.de actually came up with a two step "I like" button. Basically you still have the button on your site, but it is not sending any data to Facebook until you click a second time to activate the tracking.
Now one would think that everyone is happy, but here is what Facebook had to say. They complained about the button and asked the site to remove it because it would not be in line with the platform policy.
Yes, right - Facebook is so famous for not using personal data in order to make their advertisers happy.
If Facebook does not intend to use the data they should be happy with the button and so will be German authorities.
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