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That's not really relevant to the parent's observation that Facebook is likely arguing that they're being singled out in an environment where their practices are so rampant as to be standard.
>But heaven forbid governments hold a dominant corporation accountable in the public interest.
"accountable to the public interest" is an incredibly disingenuous way to say "enforce their laws". The difference matters in this context because the counter argument would be "why is the law being enforced predominantly against a handful of American companies instead of the industry at large?"
Either it is enforced against Facebook first, and Facebook complains "Why don't all of the the small fries have to do it yet" and if it is enforced against the small fries, they will say, "Why doesn't Facebook have to do it yet"?
And the answer is, the justice department will probably enforce the law in the way that the expect to have the best effect for themselves. It is not necessary to wait until you are sued before you become legally compliant?
When a government agency (think IRS or FAA) decides on a specific interpretation of a law, rule or regulation, they don’t go after a random guy to prosecute. They publish an opinion, a guideline, or interpretation and a compliance deadline. The industry is given a choice to comply or present an alternative interpretation (through courts, lobbyists or legislative representatives).
It’s one thing if one company out of a hundred doesn’t comply, and somewhat different when the standard industry practice goes against new interpretation.
Selective encorcement is more typical of countries with weak judicial systems and endemic corruption, where “friends” of the current government get compassionate understanding, but everybody else is subject to the strict rule of the law.
That erosion is not corruption on its own, but can lead to it.
EDIT: Downvotes? I'm stating facts. How can you downvote facts?
Europe, Germany and France in particular, has a strong history of state involvement in large corporations.
I suppose you could call that an administrative philosophy. To me it sounds like another form of corruption.
And I guess Facebook and others have been trying to lobby it away for years already.
The entire tech industry can now consider themselves warned. Not even giant American corporations with direct links to the White House are above the law.
Still, the lawsuits should be simultaneously served to all companies. Preferably with a courtesy heads up.
GDPR had been announced 2012, implemented fully in 2016. Active enforcement will start May 2018 with again a temporary period to allow companies to correct. Refusal to comply after that can result in penalties up to a maximum of 4% of the companies global revenue.
How much courtesy lead time does a company actually need to comply?
"You have 20 seconds to comply" says the robocop :-)
The summary of the court of the case, if ruled in favor of the one suing or in favor of the public interest, will be used to prosecute all other offenders if they do not comply. If the defense wins, it can be used by others as a defense.
While not 'fair' it works as the smaller fish will probably go bottoms up trying to mount a proper defense against larger governmental or lobbying groups which results in a no-win scenario for all: The company is dead and there is still no ruling, or a ruling lacking proper defense.
Or say Intel users that are now sewing on the meltdown bug should they get involved in AMD too from some feeling of solidarity?
In this case someone did something illegal and someone else complained to the justice, should they first find all (I hope you understand what all means, aka don't forget anybody) and try to do what? start 1000 processes in justice? It makes sense to start with the bigger criminals, if the court decides favorably then you continue to the next ones.
2. Do you realize how much manpower it would take to require that all separate cases be tried at once? You might as well just come out and say you don't want any cases to be tried at all, as that would be the outcome.
The courts are just agreeing with these citizens/rights group. It's not like an EU agency is targeting Facebook unfairly.
Personally I can only see this as a good thing. As a non-user I don't want Facebook tracking me. Same as I don't want tracked by any other company.
Because the largest companies that European citizens are using and that breaking the law are American. There is no point in targetting first the Chinese and Russian companies doing the same tracking, as few European citizens are affected. And as far as I know, there is zero European company doing the same thing on such a level.
That's not a counter argument but dissatisfaction. Are you saying that EU companies also don't follow their laws?
You're correct but mainly because I wasn't paying attention and phrased it as a question. Written instead as a statement, it's a valid counter argument because it's criticizing the parent comment's ridicule of a different instance of criticism.
> Are you saying that EU companies also don't follow their laws?
I'm insinuating that if someone wanted to defend Facebook's position one avenue would be to argue that the law is being selectively enforced. Obviously this isn't a comprehensive argument but it's an easy platform to jump in other directions from.
I doubt a statement expressing dissatisfaction is a valid legal argument responding to a legal ruling. Clearly the term argument in this context is for a legal argument not a colloquial use of the term, since a legal appeal is what is being discussed.
When people get traffic tickets, the judge won't let them off for saying, "But, your honor, the police officer didn't pull over any of the other speeders around me."