The government has outlawed murder but your local law enforcement isn't investigating the murders. You're blaming the lawmakers for writing "bad laws" in this situation, why?
First order of blame goes to the national DPAs for not carrying out their duties.
Second order of blame goes go to whichever EU authority is responsible for penalizing EU member states for non-compliance. There should be serious consequences for non-enforcement like frozen funding. (I don't know what the actual legal process is)
> If people care about privacy, then over time they will migrate to companies and services that respect their privacy.
This is just a libertarian fairy-tale that is designed to sound sensible and rational while being malicious in practice. It exploits information asymmetry, human ignorance, network effects, and our general inability to accurately assess long-term consequences, in order to funnel profits into the hands of the most unscrupulous businesses.
In other words, there's a reason why we have to have regulations that protect people from themselves (and protect well-being of society as a whole).
> The government has outlawed murder but your local law enforcement isn't investigating the murders. You're blaming the lawmakers for writing "bad laws" in this situation, why?
Investigating murders is enforceable. If law enforcement isn't doing their job then that is a different problem. By virtue of being on the Internet, tracking cookies span many legal jurisdictions (even ones outside of the EU that never agreed to GDPR) and therefore run into all sorts of different legal obstacles. Apples and oranges and all that.
> This is just a libertarian fairy-tale that is designed to sound sensible and rational while being malicious in practice. It exploits information asymmetry, human ignorance, network effects, and our general inability to accurately assess long-term consequences, in order to funnel profits into the hands of the most unscrupulous businesses.
No, it allows people to be adults and vote with their feet. We do this all the time in many other areas and it works. (Exactly what the free market is based on) This is not to say that there shouldn't be any privacy and anti-spam laws, but when it comes to allowing marketing/advertising the trade-off has been well understood for some time. We are all funneling a lot of profits into companies that provide software to serve up the cookie banner warnings now and the advertisers still end up getting lots of people's data. A poorly designed law is a bad law. Legally requiring consent upfront and the ramifications of that decision should have been thought through much more thoroughly.
> If law enforcement isn't doing their job then that is a different problem.
Yes, that is precisely the problem with GDPR, too. Enforcement is supposed to be carried out by national Data Protection Authorities but they just don't investigate. I've reported some clear cut violations and they never followed up on anything.
> By virtue of being on the Internet, tracking cookies span many legal jurisdictions (even ones outside of the EU that never agreed to GDPR) and therefore run into all sorts of different legal obstacles.
It doesn't matter. It's irrelevant to the general enforcement issue. Most DPAs seem to be failing to enforce even the simplest of cases. Let's chat about the edge cases and jurisdiction when the clear cut cases are being taken care of reliably.
> Yes, that is precisely the problem with GDPR, too. Enforcement is supposed to be carried out by national Data Protection Authorities but they just don't investigate. I've reported some clear cut violations and they never followed up on anything.
No, it's not the problem with GDPR. As explained earlier it has to do with jurisdictional overreach.
> It doesn't matter. It's irrelevant to the general enforcement issue. Most DPAs seem to be failing to enforce even the simplest of cases. Let's chat about the edge cases and jurisdiction when the clear cut cases are being taken care of reliably.
Edge cases and jurisdiction are at the heart of this issue and exactly why it is a bad law. This is exactly the baggage that bad laws create!
First order of blame goes to the national DPAs for not carrying out their duties.
Second order of blame goes go to whichever EU authority is responsible for penalizing EU member states for non-compliance. There should be serious consequences for non-enforcement like frozen funding. (I don't know what the actual legal process is)
> If people care about privacy, then over time they will migrate to companies and services that respect their privacy.
This is just a libertarian fairy-tale that is designed to sound sensible and rational while being malicious in practice. It exploits information asymmetry, human ignorance, network effects, and our general inability to accurately assess long-term consequences, in order to funnel profits into the hands of the most unscrupulous businesses.
In other words, there's a reason why we have to have regulations that protect people from themselves (and protect well-being of society as a whole).