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Now you're just being argumentative. There's literally no solution to the problem you've presented unless you are going to outlaw personalized advertising completely. I'm all for that, but the EU seems to think it's necessary.

There are definitely solutions. As example, as I stated before, in some regulations companies are limited in the data they can share across different products already. Similarly, a vendor with many apps or services might be regulated to limit the data they can share within their own ecosystem.

Said that, I don't know which kind of solution the regulators might have in mind, if any.
 
But doesn’t it bother you that regulators are treating fundamentally different things as equivalent? Apple’s first-party analytics aren’t the same as the cross-site behavioral tracking these laws were meant to address, but the regulators don't seem to understand that distinction.

I don't think the regulators agree that Apple's use of the data is "fundamentally different". As stated before, Apple does use the data for targeted advertising.

The reality is that while I do appreciate Apple's focus on privacy which is definitely better than other companies like Meta or Alphabet, I don't think it can be overlooked that they do have a conflict of interest in being also an advertisement platform with a direct interest in user tracking.
 
There are definitely solutions. As example, as I stated before, in some regulations companies are limited in the data they can share across different products already. Similarly, a vendor with many apps or services might be regulated to limit the data they can share within their own ecosystem.
So, your solution is to say that even if I want Apple to share information between Apple's apps for personalized ads, they shouldn't be allowed to. But if I want third parties to share information between apps for personalized ads, they can. That doesn't make the least bit of sense to me.
 
I don't think the regulators agree that Apple's use of the data is "fundamentally different". As stated before, Apple does use the data for targeted advertising.

The reality is that while I do appreciate Apple's focus on privacy which is definitely better than other companies like Meta or Alphabet, I don't think it can be overlooked that they do have a conflict of interest in being also an advertisement platform with a direct interest in user tracking.

I'm sorry, but if regulators genuinely don't see a difference between what Apple does and cross-site behavioral tracking, that’s a regulator competence issue.

Saying what Apple does is the same kind of tracking as what ATT prohibits is like saying "using your grocery store's loyalty card in that grocery store is the same thing as someone following you around town and taking notes on every product you look at in every store you enter." It just doesn't pass the laugh test and anyone who thinks that isn't qualified to be regulating this.

And I am going to step out here, because I don't think we're going to change each others' minds at this point. Enjoyed the discussion!
 
So, your solution is to say that even if I want Apple to share information between Apple's apps for personalized ads, they shouldn't be allowed to. But if I want third parties to share information between apps for personalized ads, they can. That doesn't make the least bit of sense to me.

No, the solution in the example would be that you don't give consent to a company for their whole palette of products, you give consent to a single product and the data can be used only in the context of that product or group of products that are closely related.

Regardless of whether the products belong to a single or multiple vendors, they would need individual consent.

Again, nothing new, in some industries that's already the case.

PS: edited for clarity.
 
Taking your mall example, here the owner of the mall also has their own newspaper, restaurants, movie theater etc... and they can share data across all these businesses. Do they really need third-party businesses' data that much when they have a significant footprint in the mall already with their multiple first-party venues and can use the data from all these sources?

On the other side you, local newspaper, have a much more limited access to data unless you access third-party data, since your footprint is much smaller and much more specific.

Basically the rules are the same, but due to how the rules are designed the local newspaper is disproportionately affected much more severely than the large mall + multiple businesses' owner.

I hope this helps to clarify what I believe is the main regulator's beef.
Is it unfair that banks are able to borrow at the prime rate and not me? That’s the argument you are making.
 
No, the solution in the example would be that you don't give consent to a company for their whole palette of products, you give consent to a single product and the data can be used only in the context of that product or group of products that are closely related, regardless of whether the products belong to a single or multiple vendors.
That’s a regulatory nightmare and open to interpretation.
Again, nothing new in some industries.
Which industries? Yes in some financial institutions there are Chinese walls but it is to safeguard abuses of a customers assets. This is nothing of the sort.
 
Is it unfair that banks are able to borrow at the prime rate and not me? That’s the argument you are making.
Define "fair"... Mathematically it makes sense, but it does reinforce inequality as those who already have significant capital have easier access to even more capital, which is kind of the type of positive feedback loops regulators tend to have to deal with.
 
No, the solution in the example would be that you don't give consent to a company for their whole palette of products, you give consent to a single product and the data can be used only in the context of that product or group of products that are closely related, regardless of whether the products belong to a single or multiple vendors.

Again, nothing new in some industries.
That's the same as what I said. Still just as ridiculous, and yet more complicated when you add in product groupings.
 
That’s a regulatory nightmare and open to interpretation.

Well, that's what I guess the regulators' plan B will be: forcing Apple and large vendors in general to share the user data they collect to third-parties in some regulated non-discriminatory form.

Which do you prefer?

Which industries? Yes in some financial institutions there are Chinese walls but it is to safeguard abuses of a customers assets. This is nothing of the sort.

I'm not arguing that it is, I am arguing that it would not be beyond the regulators to make it be.
 
The amount of misinformation/misunderstanding in this thread is staggering.

Once again, Apple does play by its own rules here. Apple does not track across third party websites and apps. That is what ATT prohibits (without user consent). Meta is perfectly within its rights to track iOS users across all of its iOS apps. But once it starts tracking across third-party apps and websites, that is when ATT applies.
Well doesn’t seem like the issue might be the fact that first party advertising tracking can do it but not third parties. So the fact Apple can track and advertise without requiring permission or disclosure under the ATT, or that Meta or Google doesn’t need to do it for their own advertising networks as long as third party services/brokers aren’t involved might be the biggest sticking point.

So Apple is probably (and hopefully) fine with or required to restrict it for first party tracking as well.

”based on Apple’s definition, it does not constitute “tracking” if, for instance, Apple itself gathers and combines tons of user data across its various services and apps (e.g., App Store, Safari browser, Apple TV+, Apple News, Apple Music etc., or even through third-party in-app purchases and subscriptions) with a view to providing highly-targeted ads within its App Store (Apple Search Ads) or Apple News and Apple Stocks (Apple News Ads).” -hausfeld



the authority is looking into the initial suspicion that these rules may favour Apple’s own offerings and/or impede other companies. Since the implementation of the ATTF in April 2021, providers offering apps in the iOS App Store have had to obtain additional consent from users before gaining access to certain data for advertising purposes. However, the strict requirements under the ATTF only apply to third-party app providers, not to Apple itself.In the Bundeskartellamt’s preliminary view, this may be prohibited under the special abuse control provisions for large digital companies (Section 19a(2) of the German Competition Act (GWB)) and under the general abuse control provisions of Article 102 TFEU.​
-Bundeskartellamt
 
Well doesn’t seem like the issue might be the fact that first party advertising tracking can do it but not third parties. So the fact Apple can track and advertise without requiring permission or disclosure under the ATT, or that Meta or Google doesn’t need to do it for their own advertising networks as long as third party services/brokers aren’t involved might be the biggest sticking point.

So Apple is probably (and hopefully) fine with or required to restrict it for first party tracking as well.

”based on Apple’s definition, it does not constitute “tracking” if, for instance, Apple itself gathers and combines tons of user data across its various services and apps (e.g., App Store, Safari browser, Apple TV+, Apple News, Apple Music etc., or even through third-party in-app purchases and subscriptions) with a view to providing highly-targeted ads within its App Store (Apple Search Ads) or Apple News and Apple Stocks (Apple News Ads).” -hausfeld



the authority is looking into the initial suspicion that these rules may favour Apple’s own offerings and/or impede other companies. Since the implementation of the ATTF in April 2021, providers offering apps in the iOS App Store have had to obtain additional consent from users before gaining access to certain data for advertising purposes. However, the strict requirements under the ATTF only apply to third-party app providers, not to Apple itself.In the Bundeskartellamt’s preliminary view, this may be prohibited under the special abuse control provisions for large digital companies (Section 19a(2) of the German Competition Act (GWB)) and under the general abuse control provisions of Article 102 TFEU.​
-Bundeskartellamt
Well, except Apple does already require permission through an opt in setting.
 
What prompt in Apple apps?! Can you show this supposed promp? There is no prompt. Apple apps don't need a prompt because the don't do cross-site tracking. Just like any other app that doesn't do cross-site tracking.
Wouldn’t be bad if they had to do? I don’t want to be tracked across all Google apps or Meta apps and neither Apple apps etc
I cannot show any prompt as I have disabled the ability for apps to request tracking altogether long ago and I'm not even sure the prompt issues discussed by the regulators are relevant to my country as some seems specific to their regulations.

The original press release from the French authorities (link to the English version) provides a summary of their findings:




And further:




I'm not sure whether the German and Italian regulators have similar issues as I haven't looked into it yet.
I had mine for the stock app but I don’t want to change my language to English and try and get the question again. But here’s some comparison with the ATTF prompt… and I don’t know but I don’t think first party tracking should deviate from the stricter standard. 🤷‍♂️

Well, except Apple does already require permission through an opt in setting.
Well done you thin it’s acceptable if Meta or Google and the other apps had the same opt in setting instead of the same request?
 

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Well, that's what I guess the regulators' plan B will be: forcing Apple and large vendors in general to share the user data they collect to third-parties in some regulated non-discriminatory form.

Which do you prefer?
I prefer regulators stay out of this instead of forcing companies to start tracking and the share information.
I'm not arguing that it is, I am arguing that it would not be beyond the regulators to make it be.
 
Define "fair"...
exactly. Define anything and we have a bunch of opinions based on our biases.
Mathematically it makes sense, but it does reinforce inequality as those who already have significant capital have easier access to even more capital, which is kind of the type of positive feedback loops regulators tend to have to deal with.
Of course. Inequality is part and parcel of the system. Every system. However in this instance regulators have not dealt with the feedback loop, nor will they.
 
Again, Apple already does this. You posted the prompt.
Would you say it can be improved by apples ATTF rules including first party tracking? Considering Apple doesn’t need all the information not consent for some cross app advertisement?

In my stock app I could just press continue and then had to change the personalized advertising setting. Thers room for improvement.

Personally i would like to have the ability to deny any and all advertisements and keep it segregated, assuming consent just because it’s first party tracking for advertising purposes is misplaced.

 
Would you say it can be improved by apples ATTF rules including first party tracking? Considering Apple doesn’t need all the information not consent for some cross app advertisement?
No. That doesn’t make sense. If I give Apple my data, I expect Apple to have my data. Why do I need an extra popup for that?
 
No. That doesn’t make sense. If I give Apple my data, I expect Apple to have my data. Why do I need an extra popup for that?
If you gave your data to apple then sure, but otherwise they shouldn’t have access to such data for running adds or optimizing the sales data for the AppStore or other apps that uses apples advertising services.

Same thing for google or android etc
 
If you gave your data to apple then sure, but otherwise they shouldn’t have access to such data for running adds or optimizing the sales data for the AppStore or other apps that uses apples advertising services.

Same thing for google or android etc
Again, there is already an opt in setting for personalized ads from Apple. You posted a screenshot.
 
You probably have not opted out everywhere. If you don't have "Prevent cross-site tracking" enabled in your browser, googletagmanager is profiling the crap out of you.

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Does enabling "Prevent-cross-site tracking" make it unnecessary to deal with all those cookies options every time you open a website? I always make sure to reject as many cookies as possible, everything except those "strictly necessary" ones they don't let you disable. But it's a huge PITA, plus some websites don't even let you disable the marketing cookies, the only option is "Agree". So if I have cross-site tracking blocked, does it not matter if I just agree to all the cookies?
 
Does enabling "Prevent-cross-site tracking" make it unnecessary to deal with all those cookies options every time you open a website? I always make sure to reject as many cookies as possible, everything except those "strictly necessary" ones they don't let you disable. But it's a huge PITA, plus some websites don't even let you disable the marketing cookies, the only option is "Agree". So if I have cross-site tracking blocked, does it not matter if I just agree to all the cookies?

"Prevent cross-site tracking" is not a full block for third-party cookies but it does disables most cross-site cookies. Assuming it works properly for the site you are visiting it should make the cookie notices mostly irrelevant.

Note that you can try to disable cookie notices with a content-blocking extension. I use uBlock Origin Lite and there are a couple of filter lists dealing with cookie notices.

In general, having a good content blocker is a must if you want to prevent as much tracking as possible as many tracking techniques are not addressed by the browser's default protections.
 
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