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EU Resists US Lobbying As Privacy War Looms 131

judgecorp writes "The European Commission is resisting pressure from US firms and public bodies designed to derail its privacy proposals, which include the 'right to be forgotten' that would allow users to demand their data be removed from Internet sites. Facebook and others oppose the right to be forgotten as it would interfere with their ability to market stuff at friends and connections of their users."
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EU Resists US Lobbying As Privacy War Looms

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  • And... (Score:3, Interesting)

    by Anonymous Coward on Thursday December 06, 2012 @04:14AM (#42201537)

    The European Commission is resisting pressure from US firms and public bodies designed to derail its privacy proposals

    What kind of leverage/offer do they have (particularly the US firms)

    I thought you cannot bribe (erm... lobby) European politicians as directly as in US?

    • Re:And... (Score:3, Funny)

      by maroberts ( 15852 ) on Thursday December 06, 2012 @04:26AM (#42201583) Homepage Journal

      What kind of leverage/offer do they have (particularly the US firms)

      I thought you cannot bribe (erm... lobby) European politicians as directly as in US?

      There are plenty of ways to bribe people, perhaps you would like come out to this extremely nice 5* restaurant whilst we discuss the matter. Don't forget to bring your wife/mistress too.

      • by Anonymous Coward on Thursday December 06, 2012 @04:32AM (#42201611)

        There are plenty of ways to bribe people, perhaps you would like come out to this extremely nice 5* restaurant whilst we discuss the matter. Don't forget to bring your wife/mistress too.

        Hehe -- and if all else fails, your wife might get these mistress pictures sent to her :)

      • Re:And... (Score:5, Insightful)

        by Sydin ( 2598829 ) on Thursday December 06, 2012 @04:33AM (#42201613)
        Exactly: after all, what is lobbying? No, the nice gentleman from facebook is not trying to buy my vote on this matter. We are simply good friends who like to take lunch together. Only I have a chronic habit of forgetting my wallet, but he's more than happy to foot the bill. He's also quite fond of my wife, and loves to treat her to the occasional gift of exquisite diamonds and spa trips. But it's okay: he never tries to influence my vote. We're just friends.
        • by tehcyder ( 746570 ) on Friday December 07, 2012 @05:29AM (#42213595) Journal

          Exactly: after all, what is lobbying? No, the nice gentleman from facebook is not trying to buy my vote on this matter. We are simply good friends who like to take lunch together. Only I have a chronic habit of forgetting my wallet, but he's more than happy to foot the bill. He's also quite fond of my wife, and loves to treat her to the occasional gift of exquisite diamonds and spa trips. But it's okay: he never tries to influence my vote. We're just friends.

          Pure and utter bullshit. Politicians have to declare any interests, and if anything as blatant as this happened, the person responsible would be sacked. Here in the UK there is a huge ongoing fuss about MPs expenses, and that is just people feathering their own nests, not accepting gifts from outsiders. And a few years ago there was the whole Neil Hamilton "cash for questions" fiasco.

          You can't judge all public officials by the apparent low standards of US ones.

      • by Anonymous Coward on Thursday December 06, 2012 @04:37AM (#42201635)

        And this is very, very, very illegal in Europe.

      • by Damouze ( 766305 ) on Thursday December 06, 2012 @04:39AM (#42201649)

        Hell, you could probably bring them both if you wanted to. It would give them a nice leverage over you :P.

      • by Kergan ( 780543 ) on Thursday December 06, 2012 @04:53AM (#42201691)

        There are plenty of ways to bribe people, perhaps you would like come out to this extremely nice 5* restaurant whilst we discuss the matter. We'll supply your +1.

        FTFY

      • by Kupfernigk ( 1190345 ) on Thursday December 06, 2012 @04:59AM (#42201723)
        Wife? The purchasing manager of one large European organisation expected to be provided with an escort for the evening during the monthly contract reviews. And a Japanese company decided that a particular purchasing manager needed to visit their headquarters, which included a week of touring with a nice lady companion.

        Unfortunately, somewhat later, he was found out. It was probably not a good idea to mention to the competition that he was open to better offers...

      • by captainpanic ( 1173915 ) on Thursday December 06, 2012 @10:05AM (#42203055)

        There are plenty of ways to bribe people, perhaps you would like come out to this extremely nice 5* restaurant whilst we discuss the matter. Don't forget to bring your wife/mistress too.

        Michelin stars which are the international restaurant rating system only go up to 3. Or, at least, the highest ever given is 3.

        -- please mod this as off topic, because it is. :-)

        • by davester666 ( 731373 ) on Friday December 07, 2012 @01:35AM (#42212837) Journal

          The extra stars are for the companion they provide...

        • by tehcyder ( 746570 ) on Friday December 07, 2012 @05:33AM (#42213611) Journal

          There are plenty of ways to bribe people, perhaps you would like come out to this extremely nice 5* restaurant whilst we discuss the matter. Don't forget to bring your wife/mistress too.

          Michelin stars which are the international restaurant rating system only go up to 3. Or, at least, the highest ever given is 3.

          -- please mod this as off topic, because it is. :-)

          OP sounded like an American. 5* probably refers to the badge his local McDonald's "maitre d'" wears.

      • by strength_of_10_men ( 967050 ) on Thursday December 06, 2012 @11:40AM (#42204045)

        Don't bring your wife. We'll provide the mistress.

        There, I think that edit would make the lobbying more effective.

    • Re:And... (Score:5, Informative)

      by clemdoc ( 624639 ) on Thursday December 06, 2012 @05:10AM (#42201747)
      Ernst Strasser, Austrian (former) MEP is just on trial for offering to sell his influence for EUR 100.000,-
      Problem is, the so-called lobbyists where british journalists.
      There are fine videos on youtube (he actually speaks english, ahem, sort of) as well, try to spill not your coffee though.
      • by Anonymous Coward on Thursday December 06, 2012 @09:49AM (#42202947)

        There's a good documentary on that matter called The Brussels Business. clip [youtu.be]

      • by tehcyder ( 746570 ) on Friday December 07, 2012 @05:37AM (#42213627) Journal
        The point about this is that he was caught out doing something wrong. If everyone was doing the same, it wouldn't be news. He is the exception that proves the rule.

        No one is saying that there are no dishonest politicians in Europe, merely that the system makes it hard for them to get away with receiving actual bribes.

    • by Coisiche ( 2000870 ) on Thursday December 06, 2012 @06:19AM (#42201931)

      Sure you can.

      Our politicians are just as corrupt and self-serving as yours. They just have to work within a different framework. Which they must find galling; I bet many wish they were as rich as US politicians.

    • by Teun ( 17872 ) on Thursday December 06, 2012 @08:32AM (#42202507)
      When a person has certain power there will be others wanting to influence them, at some stage this could involve bribery and now we call it corruption.

      In my view that chance is a little less in the EU system as there are so many parties, all with their own interests.
      Parties as in members of the EU Commission and Members of the European Parliament.
      The first is split up over 27 sovereign nations who all keep a very close eye on what their commissioner is doing.
      The second is split over 754 MEP's representing the 27 member nations via 7-8 loose alliances by a multitude of parties.

      Buying a significant influence in this system is really hard, the best a lobbyist can hope for is to get the attention of an influential member of a particular commission.

    • by Attila Dimedici ( 1036002 ) on Thursday December 06, 2012 @10:27AM (#42203245)
      Ever heard of "Oil for Food"? My understanding is that while it is harder to lobby European politicians, it is trivially easy to outright bribe them with the only risk to the politician being if they fall out of favor with the powers that be and/or the establishment needs a scapegoat when some scandal blows up big enough to require the government "do something" to "address rampant corruption".
    • by jasper160 ( 2642717 ) on Thursday December 06, 2012 @11:59AM (#42204279)
      Our lobbyists guarantee they can train any politician in under a week at one of our exclusive clubs or yachts. And as a holiday bonus the first two family members of your politician will be accommodated and employed with you company for free.
  • by Anonymous Coward on Thursday December 06, 2012 @04:24AM (#42201575)

    all the level of lobbying the US Government does on behalf of corporations?

    That alone should be a treasonable offense by public officials. String the state dept up, every single last one of them.

    • by Dasuraga ( 1147871 ) on Thursday December 06, 2012 @04:38AM (#42201643)

      should be a treasonable offense by public officials. String the state dept up, every single last one of them.

      please check the definition of treason in the US:

      "Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court."

    • Re:Don't you love (Score:4, Interesting)

      by Stolpskott ( 2422670 ) on Thursday December 06, 2012 @07:50AM (#42202347)

      To be fair, all Governments lobby on behalf of their domestic corporations - think of all the times that politicians from the ruling party in a country go to another country and negotiate trade agreements or highlight the products and services of their domestic companies to decision-making politicians of the host country.
      Heck, if politicians DID NOT do this, they would probably be accused of not doing their jobs when going abroad. Indeed, this is one of the more common roles of most diplomatic ambassadors.
      (As a case in point, and granted it is not about politicians but it is close enough, the British Royal yacht Britannia was funded by the British taxpayer. When a previous Government said they wanted to stop paying for Britannia, quite a few people in British industry objected because the Royal family often used the yacht as a lobbying tool for British businesses abroad).
      Certainly, when the lobbying goes beyond the "our companies offer wonderful services/products, and we can arrange tax breaks that are passed on as discounts" or "build your new manufacturing facility in my back yard, and get some very favorable terms" to "if you do not do it our way, then we will make life hard for you" then that, for me, is something the politicians and companies need to be called out on, but that is not lobbying, that is making threats.

      • by ohnocitizen ( 1951674 ) on Thursday December 06, 2012 @02:01PM (#42205799)
        To be fair, governments should not work for the corporations, they should work for the people who elected them.
        Heck, if politicians always lobbied for corporations regardless of how harmful the result, they would be accused of not doing their jobs back home. Indeed, this is one of the increasingly common criticisms of elected officials.
        Certainly, when companies and politicians engage in something for something exchanges, that, for me, needs to be called out as corruption and opposed. That is exactly what lobbying has become.
  • by Anonymous Coward on Thursday December 06, 2012 @04:32AM (#42201607)

    ... shouldn't be surprised to find that even with successful lobbying to get the EU's initiatives derailed, they'll suffer backlash from their European market. The cultures (yes, multiple) here, you see, are a tad different from what's accepted in USoA interstate commerce. So you can track your consumers' (because customers would have rights, whereas consumers can be, and so are, sold and bought like CDOs) every move and poke them with the most targeted adverts imaginable, down to while they're at the loo. And instead of phenomenal sales growth, you may just find they get sick of you and you start to lose against everyone who isn't quite that aggressive.

    The USoA government, of course, has European governments well-cowed and will get the data anyway, but that too will, in the long run, bring more grief than joy. Not that anyone'll listen. If recent history teaches anything, it's that Americans[tm] are too full of themselves and their own petty politics (it's like that music, see? they've got gops AND dems 'round here) to listen to, nevermind respect, anyone else.

    Of course, playing nice with others has never been America's strong suit, so why expect them to change now? Just ignore the buggers and hope they don't get a bug up their arses and invade you.

    • by Johann Lau ( 1040920 ) on Thursday December 06, 2012 @02:54PM (#42206395) Homepage Journal

      You know, I love bashing the US more so than the next guy, but I don't think that's fair. You have a point about power in general, yeah. It makes dumb people *really* dumb, and that sometimes reaches its zenith in the US, no doubt. But it's not cleanly divided up amongst nations, there are scumbags and great people everywhere. And not even the scumbags of the USA are worth forgetting about the brilliant minds and big hearts that country also harbours. I know this is kind of besides your point, and obvious kitsch to boot, but I just wanted to attach it to your rant :P

  • Ability to market (Score:0, Interesting)

    by Anonymous Coward on Thursday December 06, 2012 @04:36AM (#42201633)

    If US corporations are worried about losing their ability to market thanks to comprehensive information on users why don't they pool together and create a non for-profit organisation called something like "transparent society" and pool all the information they would be stripped of there. They would no longer be able to sell such data but if the key argument is that losing the data outright would be detremental to marketing then every company involved stands to gain. Also, any EU regulations on the "right to be forgotten" can be no more than regulations on businesses and is unlikely to apply to such a foundation.

    • by enabran ( 1451761 ) on Thursday December 06, 2012 @04:55AM (#42201699)

      Also, any EU regulations on the "right to be forgotten" can be no more than regulations on businesses and is unlikely to apply to such a foundation.

      Er... no. EU powers, including in the area of data protection, do not just apply to businesses.

    • by Cenan ( 1892902 ) on Thursday December 06, 2012 @06:11AM (#42201913)

      This is from the 1995 law that is under change proposal. Wording about who it applies to:
      From EUR-Lex [europa.eu]:

      (d) 'controller' shall mean the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data; where the purposes and means of processing are determined by national or Community laws or regulations, the controller or the specific criteria for his nomination may be designated by national or Community law;
      (e) 'processor' shall mean a natural or legal person, public authority, agency or any other body which processes personal data on behalf of the controller;

  • by Anonymous Coward on Thursday December 06, 2012 @04:40AM (#42201653)
    Facebook's not being business smart about this. If the people operating it had any sense, they'd take a page from Brave New World. Make people not care about their privacy enough to use this right; doing this is begging the Streisand Effect to kick in. As it is, a lot of people wouldn't care already.
    • by Anonymous Coward on Thursday December 06, 2012 @05:38AM (#42201819)

      Facebook's not being business smart about this. If the people operating it had any sense, they'd take a page from Brave New World. Make people not care about their privacy enough to use this right; doing this is begging the Streisand Effect to kick in. As it is, a lot of people wouldn't care already.

      Facebook is alreadly living proof of the fact that people don't care about their privacy. Paradoxically people are surprised when I explain to them to what extent Facebook, Google and the rest of that ilk tracks their movements on the web even when they are not signed in to their services. Or that the data they put on Facebook may end up in places that they are not comfortable with, even stuff they don't expressly state online, because and there are third parties that have made a business of inferring details about their intimate private lives, such as their sexual orientation by data mining their 'likes' lists and other Facebook data.

      • by Raumkraut ( 518382 ) on Thursday December 06, 2012 @07:30AM (#42202261)

        Facebook is alreadly living proof of the fact that people don't care about their privacy.

        Most people don't care about anything, unless and until it affects them personally.
        This is (in theory) why governments enact "nanny state" legislation; to prepare for, and protect its population from, bad things that those who will be affected haven't even considered yet.

        Few people consider about the cost of hospitalisation after a car accident, until they're in one. Hence national health services.
        Few people consider the cost of leaving embarrassing photos on Facebook, until it comes up in a job interview. Hence this legislation.

  • by Anonymous Coward on Thursday December 06, 2012 @04:53AM (#42201695)

    Don't fall under the Corporative pressure!!

  • by maz2331 ( 1104901 ) on Thursday December 06, 2012 @04:58AM (#42201717)

    That there is no single "Internet" from which to delete the data. We are talking about a network that contains billions of nodes, any one of which can cache the data, and may do so without even knowing that they are doing so. It's basically a public space.

    • by Anonymous Coward on Thursday December 06, 2012 @05:05AM (#42201739)

      We are talking about a network that contains billions of nodes, any one of which can cache the data, and may do so without even knowing that they are doing so.

      Off the top of my head this wasn't a proposal where a citizen could say "I want to be forgotten from the internet" and all of a sudden every machine on the planet has to wipe the persons data. The proposal was to let a citizen turn to a specific company and say "get rid of all your data on me". That reduces the biollions of nodes to however many storage-capable machines an organisation has (which is probably still a large number, but it's better than billions).

    • by Sockatume ( 732728 ) on Thursday December 06, 2012 @05:16AM (#42201759)

      I don't know where you got the impression that this was about a right to completely scrub oneself from every server on the internet with a magic button. It's about the right to tell a web site, to which you have previously provided information, that it must remove that information.

      • by BLAG-blast ( 302533 ) on Thursday December 06, 2012 @05:42AM (#42201835)
        It's about the right to tell a web site, to which you have previously provided information, that it must remove that information.

        Well, some people think it's the right to censor the web. I.e tell Google to forget everything you know about me, including the links to the news sites detailing how I stole money from people, etc... The right to be forgot isn't about deleting data from facebook, it's about erasing mistakes and shady backgrounds. I am pro-privacy, but anti-right-to-forgotten.

        On the other hand, if it is about deleting data *you* uploaded to a site/service, how about just using sites/services which up front offer a "delete all me data" option?

        • by Carewolf ( 581105 ) on Thursday December 06, 2012 @05:54AM (#42201879) Homepage

          You are reading too much into this. It is about a single website having to delete your information. There are already existing laws preventing them from sharing the data. If you have made the information public already, then it is public, but a lot of private information provided to companies are not public.

        • by Bomazi ( 1875554 ) on Thursday December 06, 2012 @06:59AM (#42202099)

          In other news, some people are wrong. The right to be forgotten is the obligation, for providers of web services, to provide an option to delete you account and erase the personal information they have about you. No more no less.

          I agree that this right is poorly named though.

        • by fgouget ( 925644 ) on Thursday December 06, 2012 @09:11AM (#42202707)

          On the other hand, if it is about deleting data *you* uploaded to a site/service, how about just using sites/services which up front offer a "delete all me data" option?

          Except that currently the Delete button may not really do all [mashable.com] that [arstechnica.com] much [zdnet.com]. And to me this what all this is about.

        • by Sockatume ( 732728 ) on Thursday December 06, 2012 @10:32AM (#42203301)

          Well, as I told you, it's not about doing the first thing at all, and never has been, and it is about obliging web sites to provide the second thing, and successfully follow through if they provide it.

    • by Teun ( 17872 ) on Thursday December 06, 2012 @05:20AM (#42201767)
      For the organisations and companies involved this information equals capital and they will know quite well where to find it and who has access to the data.

      According to EU law personal information will always remain the property of the individual, something companies and organisations operating in the EU are well aware of.

      When the owner of said data sends you a take down request you have to comply, no ifs and buts.

    • by Anonymous Coward on Thursday December 06, 2012 @05:43AM (#42201841)

      I'm pretty sure that many of the billions of nodes are server or services owned and managed by a legal or natural person.

      The law in EU intend to make possible for you to say to a specific legal or natural person to delete the data about you from their server or service. IANAL but I'm pretty sure in EU you own the data about you.

      Once you own the data about you (as in EU) ask someone to delete it is nothing more that ask to return your possession to you. Of course if you received any service in exchange of providing the data it could be terminated but in EU the data about you is not something that can be irrevocably parted from you (like e.g. money).

  • by Hatta ( 162192 ) on Thursday December 06, 2012 @10:24AM (#42203213) Journal

    The right to be forgotten is no right at all. What you are talking about is making others forcibly forget.

    • The right to be forgotten is no right at all. What you are talking about is making others forcibly forget.

      You say "others" but this isn't about "others", this is about websites, corporations, and other legal fictions.

      • by Hatta ( 162192 ) on Thursday December 06, 2012 @10:38AM (#42203389) Journal

        Yes, the same websites that we "others" all use to keep informed. Force that website to "forget" something, and you're taking away my right to be informed.

        • Yes, the same websites that we "others" all use to keep informed. Force that website to "forget" something, and you're taking away my right to be informed.

          This is not about forcing people to take down information about you they have gathered and put up in pursuit of truth or justice or what have you. This is about forcing people to take down information about you that you have input to the site. It's a statement that personal information that you input still belongs to you. The laws regarding libel and free speech still vary from nation to nation.

        • by tehcyder ( 746570 ) on Friday December 07, 2012 @06:25AM (#42213773) Journal

          Yes, the same websites that we "others" all use to keep informed. Force that website to "forget" something, and you're taking away my right to be informed.

          If you have a right to be informed of everything, then no one has any right to any privacy whatsoever.

          I thought you paranoid rightwingers were in favour of privacy? Or is that only privacy from the government enforcing democratically agreed laws?

  • by miltonw ( 892065 ) on Thursday December 06, 2012 @12:52PM (#42204959)
    Companies are fighting against this "right" because:
    1. It is completely impossible to implement.
    2. The burden of attempting to implement is is onerous.
    3. Shifting the liability from those who actually have and publish the information to those who only link to it is just wrong.
    4. If the data is true, what legal "right" exists to remove it?
    5. Existing laws and agreements covering defamation already exist for instances of false information.
    6. In many cases, the information was created and/or released by the person themselves -- but they later regret. Sorry, too bad. It's called responsibility for your own actions. Deal with it.

    I have often wished I could get a "do over" in life -- but I've never considered that I actually had the right to it.

    How would this be implemented? How about people who have the same name? How about variant spellings like "Rob", "Bob", "Bobby", "Robbie", "Bobbie", "Robert", etc.? What if the person only wants "that" video removed? How about photos and videos with no names attached but with identifiable faces? The problems with this "right" are infinite.

    To claim that opponents are only upset because of ad revenue is a stupid claim and a complete red herring.
  • by jameshofo ( 1454841 ) on Thursday December 06, 2012 @12:54PM (#42204997)
    Maybe they finally wizened up to the fact that you don't have to spy on people, companies do that for you, so therefore you just have to stimulate business, I mean pay for that data.
  • by thejynxed ( 831517 ) on Friday December 07, 2012 @09:02AM (#42214283)

    What I'd like to know is...how does this proposed law fit in with, and/or clash with the previous directive that web sites must hold this data for access by EU law enforcement agencies for a period of at least 6 months?

    If this proposed law passes as has been explained here on Slashdot, wouldn't users then be given the ability to bypass the data holding period, by immediately requesting deletion after every use?

    How would this burden web operators, who would then be caught between two laws that specify completely opposite behaviors?

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