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Government Operating Systems Privacy

California Governor Vetoes Bill Requiring Opt-Out Signals For Sale of User Data (arstechnica.com) 51

An anonymous reader quotes a report from Ars Technica: California Gov. Gavin Newsom vetoed a bill that would have required makers of web browsers and mobile operating systems to let consumers send opt-out preference signals that could limit businesses' use of personal information. The bill approved by the State Legislature last month would have required an opt-out signal "that communicates the consumer's choice to opt out of the sale and sharing of the consumer's personal information or to limit the use of the consumer's sensitive personal information." It would have made it illegal for a business to offer a web browser or mobile operating system without a setting that lets consumers "send an opt-out preference signal to businesses with which the consumer interacts."

In a veto message (PDF) sent to the Legislature Friday, Newsom said he would not sign the bill. Newsom wrote that he shares the "desire to enhance consumer privacy," noting that he previously signed a bill "requir[ing] the California Privacy Protection Agency to establish an accessible deletion mechanism allowing consumers to request that data brokers delete all of their personal information." But Newsom said he is opposed to the new bill's mandate on operating systems. "I am concerned, however, about placing a mandate on operating system (OS) developers at this time," the governor wrote. "No major mobile OS incorporates an option for an opt-out signal. By contrast, most Internet browsers either include such an option or, if users choose, they can download a plug-in with the same functionality. To ensure the ongoing usability of mobile devices, it's best if design questions are first addressed by developers, rather than by regulators. For this reason, I cannot sign this bill." Vetoes can be overridden with a two-thirds vote in each chamber. The bill was approved 59-12 in the Assembly and 31-7 in the Senate. But the State Legislature hasn't overridden a veto in decades.
"It's troubling the power that companies such as Google appear to have over the governor's office," said Justin Kloczko, tech and privacy advocate for Consumer Watchdog, a nonprofit group in California. "What the governor didn't mention is that Google Chrome, Apple Safari and Microsoft Edge don't offer a global opt-out and they make up for nearly 90 percent of the browser market share. That's what matters. And people don't want to install plug-ins. Safari, which is the default browsers on iPhones, doesn't even accept a plug-in."

California Governor Vetoes Bill Requiring Opt-Out Signals For Sale of User Data

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  • Because ... (Score:4, Insightful)

    by PPH ( 736903 ) on Tuesday September 24, 2024 @06:13PM (#64814453)

    ... you-know-who is headquartered in California. Mickey Mouse is safe in that state as well.

    • by Anonymous Coward

      ... you-know-who is headquartered in California. Mickey Mouse is safe in that state as well.

      Mickey Mouse is running both State Houses in Sakramento

  • by lsllll ( 830002 ) on Tuesday September 24, 2024 @06:14PM (#64814457)

    No major mobile OS incorporates an option for an opt-out signal.

    Duh! Isn't that the purpose of the law, to require mobile O/Ses to do just that with a deadline? I would have bought his argument had he said "I don't think we, as Californians, can dictate what features an O/S should have in it, given that we don't really have control over any O/S."

  • by drinkypoo ( 153816 ) <drink@hyperlogos.org> on Tuesday September 24, 2024 @06:28PM (#64814495) Homepage Journal

    If it's not an opt in law, then fuck you.

    Newsom is a DINO. We knew that already of course because of his plans for concentration camps and forced medication for the homeless and mentally ill.

  • by ZipNada ( 10152669 ) on Tuesday September 24, 2024 @06:31PM (#64814507)

    I see no sign that there is any penalty for ignoring the 'signal', which very likely is what would happen seeing as how there is significant revenue associated with selling the data.

    • by Rosco P. Coltrane ( 209368 ) on Tuesday September 24, 2024 @06:36PM (#64814527)

      Exactly. Who cares... It's not like Do Not Track was ever respected by Big Data.

      In fact, as people realized Do Not Track was just a placebo button, it coincided with the dramatic uptick in ad blocker usage. Because when people ask nicely and they're being blown off, they stop asking nicely.

    • This is all about consumer choice & big tech companies have decided not to offer that choice to consumers. Haven't you got how capitalism works yet?
      • by dfghjk ( 711126 )

        Yes, especially when that choice works against their interest.

        And yes, Do Not Track is meaningless and ignored. These companies leave microphones on.

        But the whole thing makes no sense. The law is purely symbolic and the veto of it makes no sense. Vendors would only have to pretend to comply like they do now, so they really should not care about it. So what special interest is Newsom bowing to? The whole premise makes no sense. The law is meaningless, the veto meaningless, and the companies don't care.

  • by Rick Schumann ( 4662797 ) on Tuesday September 24, 2024 @06:35PM (#64814519) Journal
    If we're talking about cellular companies and smartphones then there's no expectation of your data being private anyway, they have complete control over the device and the end user has essentially no control.
    If you're talking about a general purpose computer then he's more-or-less correct, there are ways you can protect yourself there.
    So far as such functionality being baked into an OS, that's really not practical anyway -- although if you're talking about the current incarnation of Windows, then it's looking like anything and everything you do with it is wide open to Microsoft, and there's basically nothing you can do about that, either.
    Really though if you use the Internet at all there's at least some level of data collection going on, even if it's just logging what websites you use.
  • Whatever (Score:4, Informative)

    by markdavis ( 642305 ) on Tuesday September 24, 2024 @06:46PM (#64814555)

    >"The bill approved by the State Legislature last month would have required an opt-out signal "that communicates the consumer's choice to opt out of the sale and sharing of the consumer's personal information or to limit the use of the consumer's sensitive personal information."

    1) Meaningless. Unless it is somehow enforced. Which is can't be and won't be.
    2) Over-reach in many regards.
    3) Firefox already has this. Which is not surprising for a browser that does actually care about user control and privacy. And, yet, probably no site actually honors set settings. https://support.mozilla.org/en... [mozilla.org]

    >"It's troubling the power that companies such as Google appear to have over the governor's office,"

    And web browsers, since most non-Firefox ones are just wrappers around Chrom*.
    And by extension, web "standards".
    And search.
    And advertising.
    And Email.
    And mobile.
    And and and...

  • by NotEmmanuelGoldstein ( 6423622 ) on Tuesday September 24, 2024 @06:53PM (#64814577)

    ... send an opt-out preference signal ...

    What? IT people really think telling Meta and Amazon, "don't make a profit from my eyeballs" will stop bad behaviour? Then, I have an Eiffel Tower to sell you. As long as there's no punishment for selling your history, the law is pointless and worthless. It's a politician saying "I did something", regardless of its worthlessness or "unintended" consequences.

    Everyone remember, politicians complain about Tiktok 'giving' their data to the 'wrong' government. Do-nothing responses like this, prove they don't care about protecting data or consumers.

  • Gavin knows where his tax revenue comes from. Data mining and manipulation via advertising is the source of Californiaâ(TM)s tax revenue through the tech industry. Data is the most valuable commodity tech has right now.

  • Last time California decided to 'protect' our data, it just caused me to have to click an 'accept cookies' button on literally every website I visit. Thanks for wasting my time, nanny state.
  • Outside of a some crash reports in one particular OS, the OS doesn't generate or report any data. That's all user space applications. The OS provides a set of APIs to services, other than some security precautions, how those APIs are used is none of the OS developer's business. This seems impossible to implement. A web browser leaks information because it keeps data from the users interaction. In some ways the the OS just keeps a small finite number of states. The state of one process should be invisi
    • Go look under settings. A google device will gladly show you the OS generated advertising ID it hands out to any program that asks for it. Microsoft does so as well. An Apple device, I don't have instructions for. (Though it wouldn't surprise me if they just didn't give an option.)
  • The GDPR states that any use of your personal data needs informed (!) consent and that is that.

    I do agree on the veto here though. The required implementation is stupid. This seems to be another tech-law where no actual engineers were consulted.

  • Are all in California, and are all big Democrat donors. What a surprise that Greasy Gavin is protecting their rice bowl.

  • Do we really need a fake answer?

  • by Anonymous Coward
    It should have been requiring an OPT-IN signal, meaning that businesses could not do anything with your PII until you've given explicit permissions for specific activities.
  • Some of this makes less sense.

    Consider hitting a site you got a link to. In another language, aimed at another country's citizens, sort of. If opt-out is the norm, the site cannot detect even your approximate location and can't offer navigation to a more appropriate version of the site. Or even tell you "sorry, we do not ship to your location". Time waster.

    But verifying compliance was left out. How about these users of our data be compelled to show the metadata they have on me when I ask? Penalties for not

    • Truly, there's no good fix. They just lie.

      No [good] fix but.... if we leverage LLMs we can flood the data pool with so much garbage it becomes unusable... a million fake identities a day producing a trillion random signals all pretending to be me.....

      The downside being we would be adding even more noise to a system already sweating under an enormous flood of spam and bot traffic.

  • The DMV alone makes 50 million a year from users who have no option to "opt out."
  • Everything not forbidden must be compulsory.

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