GDPR is a scam - Revision history

Tom: /* The Privacy Regulation passed in California */

2023-11-21T04:46:39Z

‎The Privacy Regulation passed in California

Tom: /* The Creation and Likely Impact of the GDPR */

2023-02-18T02:27:56Z

‎The Creation and Likely Impact of the GDPR

Tom: /* Is Advertising Nessessary? */

2021-08-16T18:24:43Z

‎Is Advertising Nessessary?

Tom: /* The Privacy Regulation passed in California */

2021-08-16T18:21:08Z

‎The Privacy Regulation passed in California

Tom: /* The GDPR was never meant to apply to EU Governments or Businesses */

2020-08-19T17:58:34Z

‎The GDPR was never meant to apply to EU Governments or Businesses

Tom: /* The GDPR was never meant to apply to EU Governments or Businesses */

2020-08-19T17:56:19Z

‎The GDPR was never meant to apply to EU Governments or Businesses

Tom: /* The Creation and Likely Impact of the GDPR */

2020-03-26T18:11:26Z

‎The Creation and Likely Impact of the GDPR

Tom: /* Is the GDPR a Net Benefit? */

2019-08-14T23:16:36Z

‎Is the GDPR a Net Benefit?

Tom: /* Is the GDPR a Net Benefit? */

2019-08-14T23:12:01Z

‎Is the GDPR a Net Benefit?

Tom: /* Author: Tom Jones on 2018-05-25 */

2019-04-29T20:37:41Z

‎Author: Tom Jones on 2018-05-25

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 A [https://oag.ca.gov/system/files/initiatives/pdfs/17-0039%20%28Consumer%20Privacy%20V2%29.pdf citizen initiative had been filed with the secretary of state in California] to [https://www.nytimes.com/2018/05/13/business/california-data-privacy-ballot-measure.html limit the sale of user data].
-This seems like a much better solution than the GPDR. It will effectively shut down the bottom feeders around data sales, like Spokeo and the like, and the apps that sell them data to support themselves, the big 6 won't be affected by this so far as it can be foreseen. Because ultimately if the big 6 get sued, the court will ask for proof that the 6 sell data to entities outside each of their companies, and it seems either they don't now or wont in the future to avoid liability. They are still opposed to the adoption of this measure and some are fighting it, but others have decided this might be the best option they will get. In any case it will give citizen the right to ask a site where they got that data they have on you and ask for it to be removed. It does not seem that the GDPR provides even that much support for individuals.
+This seems like a much better solution than the GPDR. It will effectively shut down the bottom feeders around data sales, like Spokeo and the like, and the apps that sell them data to support themselves, the big 6 won't be affected by this so far as it can be foreseen. Because ultimately if the big 6 get sued, the court will ask for proof that the 6 sell data to entities outside each of their companies, and it seems either they don't now or wont in the future to avoid [[Liability]]. They are still opposed to the adoption of this measure and some are fighting it, but others have decided this might be the best option they will get. In any case it will give citizen the right to ask a site where they got that data they have on you and ask for it to be removed. It does not seem that the GDPR provides even that much support for individuals.
 There will likely be lots of case law generated as a result of the expected passage of this initiative. Here are two possible cases that might arise.

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 The primary function of any bureaucracy is preservation. That takes money. The primary goal of any rule maker is to acquire and maintain power to make rules. The maintenance of that power takes money. The most dangerous rule maker is one that discovers the power to make rules that make money without taxing the people that give the rule maker power. The Brussels bureaucracy has discovered that ability. The GDPR is at its core a means for the bureaucracy of Brussels, in cahoots with the national privacy offices to mint money at the expense of corporations all running out of silicon valley. This is the scam. The means and motive are clear, the full impact will certainly be unexpected.
-The first impact is easy to understand, the advertising and content producing industries are working ferociously to maintain their existing cash flows. This is happening mostly our of the lime-light that envelopes the social networking companies of silicon valley, who are mounting their own defenses, which are designed to sound like acquiescence without undue expense. It is to be expected that the great effort of the standards bodies to build compliant software will have little effect on the results as compared with the well-funded lobbyists. Still some good should come from the effort at compliance, but only if the standards that are created have the [[Resilience]] to work even in an environment where compromise is on-going. What is most concerning is that the standards MUST NOT cater to the regulators, as they are too fickle in the face of pressure. The standards must give the user the experience that helps them achieve their goals without [[General_Theory_of_Living_Systems#Cognitive_Overload|Cognitive Overload]]. [[Evolution]] is the only way for survival of any organism or ecosystem in the long run. Stasis never survives for long.
+The first impact is easy to understand, the advertising and content producing industries are working ferociously to maintain their existing cash flows. This is happening mostly our of the lime-light that envelopes the social networking companies of silicon valley, who are mounting their own defenses, which are designed to sound like acquiescence without undue expense. It is to be expected that the great effort of the standards bodies to build compliant software will have little effect on the results as compared with the well-funded lobbyists. Still some good should come from the effort at compliance, but only if the standards that are created have the [[Resilience]] to work even in an environment where compromise is on-going. What is most concerning is that the standards MUST NOT cater to the regulators, as they are too fickle in the face of pressure. The standards must give the user the experience that helps them achieve their goals without [[General_Theory_of_Living_Systems#Cognitive_Overload|Cognitive Overload]]. [[Evolution]] is the only way for survival of any organism or ecosystem in the long run. Stasis is not a good survival strategy in a rapidly evolving ecosystm.
 ==The Privacy Regulation passed in California==

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 Monopolization of information flows has worked to the advantage of oligarchs as long as history has recorded any thought about the value of information, or intelligence as it is sometimes known to the oligarchs. The information revolutions: printed books, radio broadcasting, and now narrow-casting on the internet, have all been faced with paying for the medium of exchange. Books were originally modestly expensive and hard for the general population to afford until free lending libraries were established. Newspapers have relied on money from advertising more than cost of the paper for as long as they have been popular. A similar problem faced radio until the advertising potential was realized and then exploited. From the beginning of the [[World Wide Web]] (which is now synonymous with the internet) the prevailing mantra is that "Information want to be free". This idea flies in the face of all history but sounds like a good thing. The trouble was that someone must pay for the internet, a fact that seems to have been conveniently overlooked by the freedom lovers of this current age. Noam Chomsky is a good spokesman for this view in this book "Manufacturing Consent: The Political Economy of the Mass Media" which shows that, "contrary to the usual image of the news media as cantankerous, obstinate, and ubiquitous in their search for truth and defense of justice, in their actual practice they defend the economic, social, and political agendas of the privileged groups that dominate domestic society, the state, and the global order." While this may be true, it is also true that the United States founders, especially Hamilton, believed that the voice of the people is inimical to free government as the people always can be swayed by demagogues. Recent history has proven that even if Chomsky was correct, the alternate, a free exchange of ideas by ideologues, is certainly not better than the privileged groups seeking to maintain global order. Empirically it seems true that some moderating medium is required for the maintenance of freedom.
-Getting back to the desire for freedom from advertising or any impediment to the free and unfettered flow of information, how can a balance be constructed that gives people what they need, rather than what they ask for. Certainly neither [https://en.wikipedia.org/wiki/Philosopher_king Plato's ideal Philosopher Kings], nor the [https://en.wikipedia.org/wiki/John_Stuart_Mill#Social_liberty_and_tyranny_of_majority John Stuart Mill's] [https://en.wikipedia.org/wiki/Utility#Functions utility function] have worked to find the best course for government. The need to govern the flow of content on the internet should now be manifestly obvious given the desire of sovereign governments, as well as the would-be king makers, to mold the voting patterns to suit their own goals. As Facebook is now discovering, such a governing bureaucracy is expensive. It is the general form of some government for the internet that needs to be created while recognizing the desire of most users to make no overt payment for their entertainment and also recognizing the need for paying service providers for their quality content. This will be a major challenge for the next dozen years. It is earnestly to be hoped that the world can create such a government that has at least as good an effect [https://en.wikipedia.org/wiki/On_Liberty on liberty] as the philosophers of 200 years ago imagined for us today. It is expected that no proposal will be able to replace advertising as a convenient payment mechanism.
+Getting back to the desire for freedom from advertising or any impediment to the free and unfettered flow of information, how can a balance be constructed that gives people what they need, rather than what they ask for. Certainly neither [https://en.wikipedia.org/wiki/Philosopher_king Plato's ideal Philosopher Kings], nor the [https://en.wikipedia.org/wiki/John_Stuart_Mill#Social_liberty_and_tyranny_of_majority John Stuart Mill's] [https://en.wikipedia.org/wiki/Utility#Functions utility function] have worked to find the best course for government. The need to govern the flow of content on the internet should now be manifestly obvious given the desire of sovereign governments, as well as the would-be king makers, to mold the voting patterns to suit their own goals. As Facebook is now discovering, such a governing bureaucracy is expensive. It is the general form of some effective governing body for the internet that needs to be created while recognizing the desire of most users to make no overt payment for their entertainment and also recognizing the need for paying service providers for their quality content. This will be a major challenge for the next dozen years. It is earnestly to be hoped that the world can create such a government that has at least as good an effect [https://en.wikipedia.org/wiki/On_Liberty on liberty] as the philosophers of 200 years ago imagined for us today. It is expected that no proposal will be able to replace advertising as a convenient payment mechanism.
 ==The GDPR was never meant to apply to EU Governments or Businesses==

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 ==The Privacy Regulation passed in California==
-[[California Consumer Privacy Act of 2018]] was signed into law on 2018-06-25 to forestall the effort described below. The authors of that initiative agreed to withdraw their initiative as a result of the legislation meeting most of their objectives.
+[[California Consumer Privacy Act of 2018]] was signed into law on 2018-06-25 to forestall the effort described below. The authors of that initiative agreed to withdraw their initiative as a result of the legislation meeting most of their objectives. Of particular interest was the "Right of Private Action" to seek redress. It was not in the CA law, and the WA state law is held up to try to make that a part of it. (2021-03)
 A [https://oag.ca.gov/system/files/initiatives/pdfs/17-0039%20%28Consumer%20Privacy%20V2%29.pdf citizen initiative had been filed with the secretary of state in California] to [https://www.nytimes.com/2018/05/13/business/california-data-privacy-ballot-measure.html limit the sale of user data].

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 # The EU Parliament voted to collect all residents biometrics data into a single data base.<ref>Catalin Cimpanu. ''EU votes to create gigantic biometrics database.'' Zero Day (2019-04-22) https://www.zdnet.com/article/eu-votes-to-create-gigantic-biometrics-database/</ref>
 # The German banks want to right to send all of your credential information from driver's licenses and passport to their customers. <ref> The OpenID Foundation, ''OpenID Connect for Identity Assurance 1.0'' https://openid.net/specs/openid-connect-4-identity-assurance-1_0.html</ref>
 ==Is the GDPR a Net Benefit?==

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 * NYT 2018-05-24 "[https://www.nytimes.com/2018/05/23/technology/personaltech/what-you-should-look-for-europe-data-law.html Getting a Flood of G.D.P.R.-Related Privacy Policy Updates? Read Them]" relates how all the web sites in the western world seem to be sending us all privacy update messages not to say they they have improved our privacy, but rather to warn us that it is our fault that they are expropriating our private information.
 * NYT 2018-05-06 "[https://www.nytimes.com/2018/05/06/technology/gdpr-european-privacy-law.html What the G.D.P.R., Europe’s Tough New Data Law, Means for You]" quote "Will the internet look different? Not really. Supporters of the law say it will bring sweeping changes to how companies operate online, but in reality, the effect on your internet experience will be minimal."
-* [https://www.bbc.com/news/technology-49252501 Black Hat: GDPR privacy law exploited to reveal personal data] (2019-08013)
+* BBC 2019-08-13 [https://www.bbc.com/news/technology-49252501 Black Hat: GDPR privacy law exploited to reveal personal data]
 [[Category:Article]]

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 ==Author: Tom Jones on 2018-05-25==
 ==Introduction==
 This is not a paper about enabling privacy for the citizens of any location on earth. It is rather a paper about the process that enables the representatives of the people to take the legitimate concerns of the people and draft legislation which does precisely what any set of rules always does, it benefits the interests of the organization that makes the rules. It often happens that the rule makers benefit when the people that select them believe that they rules are in the interest of the people, but that is only a side effect of the rule making process and never the primary goal of the rule makers. So it would be good to understand who will benefit from the [[GDPR]]. That will at least enable us to understand why the rules were written. We will then examine a different set of rules that were written with close attention paid to the people affected by the rules so that we can see how an alternate method can result in a better set of rules.