Anonymous
7/1/2025, 1:53:31 AM
No.105760403
>>105759995
>It is about collecting data as a whole, independent of the intend.
Collection of PII. Data as a whole does not matter.
>"Only needs consent for tracking and advertising" is different from "Need consent for everything that isn't required for basic functionality".
What is something not considered 'basic functionality' for websites as a whole besides 'tracking and advertising'?
>What is basic functionality? Is this up to every judge to decide individually?
The whole point of judges is that they interpret the law and how it is applied to each case. If it wasn't like this we wouldn't need defense lawyers since you could not argue that some law does not apply to the defendant since everything is crystal clear. That's how two lawyers can look at the same case, use the same laws and come to widely different statements.
Of course you could argue that laws should be so precise that there is no room for interpretation but then laws would need to be changed every single time some new tech or mechanism comes out.
Example: We had multiple threads on this board now about wifi signals being used to track the movement of people. Now we would have to change the law to state 'An ISP or anyone with access to a wireless access point may not use it to track how many people are present, where those people are in the house and where they are moving to.' Oops, you forgot to include that your ISP also shouldn't sell what kind of activities you do at home. Guess now it's time to change the law a second time, making sure you include another edge case. How many months is that going to take? 24? Some change might affect multiple laws at once. Now the legislative body needs to work even more and there is no actual benefit to regular people.
So what are website owners supposed to do? Wait for rulings of judges to see if their behavior is correct, hire some consultant you can sue if you lost in court because of his consulting work or simply not track users of your website.
>It is about collecting data as a whole, independent of the intend.
Collection of PII. Data as a whole does not matter.
>"Only needs consent for tracking and advertising" is different from "Need consent for everything that isn't required for basic functionality".
What is something not considered 'basic functionality' for websites as a whole besides 'tracking and advertising'?
>What is basic functionality? Is this up to every judge to decide individually?
The whole point of judges is that they interpret the law and how it is applied to each case. If it wasn't like this we wouldn't need defense lawyers since you could not argue that some law does not apply to the defendant since everything is crystal clear. That's how two lawyers can look at the same case, use the same laws and come to widely different statements.
Of course you could argue that laws should be so precise that there is no room for interpretation but then laws would need to be changed every single time some new tech or mechanism comes out.
Example: We had multiple threads on this board now about wifi signals being used to track the movement of people. Now we would have to change the law to state 'An ISP or anyone with access to a wireless access point may not use it to track how many people are present, where those people are in the house and where they are moving to.' Oops, you forgot to include that your ISP also shouldn't sell what kind of activities you do at home. Guess now it's time to change the law a second time, making sure you include another edge case. How many months is that going to take? 24? Some change might affect multiple laws at once. Now the legislative body needs to work even more and there is no actual benefit to regular people.
So what are website owners supposed to do? Wait for rulings of judges to see if their behavior is correct, hire some consultant you can sue if you lost in court because of his consulting work or simply not track users of your website.