Unfortunately, it’s predatory law firms that are filing the suits, using as justification the 1967 anti-wiretapping California Invasion of Privacy Act (CIPA), recently expanded to include data collection.
It’s satisfying to see attention focused on the issue of online surveillance, although I have some sympathy for small businesses that have cluelessly built Google and Meta into their sites and are now paying the price.
Or, even, paid some other small business to whip up a modest web site, which other business then expeditiously uses components that have Big Tech spying embedded within them.
If web sites are forced to remove the embedded spyware then that will be a good thing. However, predatory law firms don’t do this out of love. So, if small businesses are financially damaged in dealing with predatory law firms then this will be a mix of good and bad.
I think it’s very good news!
Of course, some will get hurt at first…but it will surely make noise. Small business owners will become aware of this problematic and the risk of being sued will have to be taken into consideration. They will make sure that whoever they outsource their IT to, will specifically remove all spyware and analytics. This will become the new norm!
Or possibly seek site visitors’ permission… in which case we can decline.
GDPR!
CookieBot fatigue–>click OK, don’t think
This.
I would rather have spyware on the web site than to have every web site every day asking me inconsistently worded questions about cookies. Of course I would rather still that there is no spyware and hence no need for questions.
Alternatively, since my web browser already indicates that I don’t want spyware, no web site should ever ask me about tracking cookies or permission for other nefarious things. The web site should just automatically behave in the nicest possible way.
I’ve been stewing about the following for several days now. My (non-profit) health care provider’s web site started popping the bottom inch of the login page a full width banner with the following text:
By clicking “Accept All”, closing this banner, or by continuing to use this website without closing this banner, you consent to the use of cookies, tags, pixels, social media plug-ins, and similar technologies on this website, by us and our third-party partners, to personalize your experience, serve targeted advertisements, perform analytics and for other business purposes. You may get more information and block some of these technologies by clicking “Settings.” Be aware that when using a shared device to access the Site, your privacy settings may be set or reset by other users of the shared device. By using this website, you agree to our Terms and Conditions, Privacy Statement
It’s amazing how many separate obnoxious items they packed into those few words. I wonder how many separate HIPPA violations are ppacked into those few sentences. And this isn’t even counting the dark patterns in the button placement in the banner and the “Settings” window.
Why would any sane person consent “social media plugins” in this context? For me personally all that other crap is way over the line.
I wonder what the EU would have to say about the legality of the above, even disregarding the heath information aspects.