News: 0175125031

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

(Tuesday September 24, 2024 @11:30PM (BeauHD) from the Big-Tech-wins dept.)


An anonymous reader quotes a report from Ars Technica:

> California Gov. Gavin Newsom [1]vetoed a bill that would have [2]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 [3]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 [4]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," [5]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."



[1] https://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=202320240AB3048

[2] https://arstechnica.com/tech-policy/2024/09/calif-gov-vetoes-attempt-to-require-new-privacy-option-in-browsers-and-oses/

[3] https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB3048

[4] https://www.gov.ca.gov/wp-content/uploads/2024/09/AB-3048-Veto-Message.pdf

[5] https://www.prnewswire.com/news-releases/newsoms-veto-of-bill-allowing-consumers-to-globally-opt-out-of-data-use-is-bad-for-everyone-except-tech-companies-like-google-says-consumer-watchdog-302256156.html



Newsom wants to be the next Bill Clinton (Score:1, Interesting)

by rsilvergun ( 571051 )

A right of center neoliberal who gets elected to the presidency. I suspect when the baby boomers are no longer a political force his political career will be over because the country is going to move to the left and folks are going to remember what he's doing now but you never know.

Still as progressive assuming Kamala Harris wins in November I think that's basically going to be the end of the line for Newsom. He's basically a Democrat equivalent to Ron DeSantis at this point.

Re: Newsom wants to be the next Bill Clinton (Score:4, Insightful)

by Z00L00K ( 682162 )

Default shall be opt out, and opt in shall be the option that the user selects.

But no feature crippling shall be in place for those that don't opt in.

Re:Newsom wants to be the next Bill Clinton (Score:4, Insightful)

by lsllll ( 830002 )

> I suspect when the baby boomers are no longer a political force his political career will be over because the country is going to move to the left

I think you're discounting many in the country. If boomers were gone, there'd still be a ton of people in mostly red states that won't move to the left. Add to that the sensible portion of GenX and Millennial folks who haven't bought into everything the left is trying to sell them (a number that keeps growing) and I don't think the ratio of what you consider left and right will budge much. For the record, I've consistently, over the past 20 years, been in the middle of the lower left quadrant on the [1]Political Compass [politicalcompass.org] graph (left, libertarian), but according to today's democrats, I'm a conservative.

[1] https://www.politicalcompass.org/test

Re: (Score:3)

by dfghjk ( 711126 )

To understand his comment you first have to realize it is nothing more than a partisan smear. It doesn't need to make sense.

Also, I agree that the boomer comment made no sense. It's just bigotry, something you expect from anti-Democrat partisans.

And when "boomers are gone" old people won't be and old people have old people's concerns. Politics won't change, and many GenX'ers are just as conservative as the people they replace. All that happens when "boomers are gone" is a change of terminology. Not tha

Re: (Score:2)

by Powercntrl ( 458442 )

> For the record, I've consistently, over the past 20 years, been in the middle of the lower left quadrant on the [1]Political Compass [politicalcompass.org] graph (left, libertarian), but according to today's democrats, I'm a conservative.

Musk tweeted [2]something similar once, too. [reddit.com]

Thing is, progressive politics is like popular music. If you don't keep up with what's current, you'll wake up and discover one day that it's no longer actually "pop" that you enjoy, but "oldies". Changing and evolving with the times is precisely what makes progressive policies, progressive.

[1] https://www.politicalcompass.org/test

[2] https://www.reddit.com/r/TheMajorityReport/comments/ueosni/elon_musk_shares_the_left_left_me_meme_and_gets_a/

Re: (Score:2)

by dfghjk ( 711126 )

"He's basically a Democrat equivalent to Ron DeSantis at this point."

That makes absolutely no sense, not at any level. There is no "democrat equivalent" to Ron DeSantis nor would anyone think there is one or that Newsome would be that. Also, what's a "neoliberal"? And is this comment suggesting that Newsom is to the right of Harris? It's all absurd bullshit.

Also, the misuse of the word "democrat" is a give-away. A progressive doesn't mispronounce the name of the Democratic Party. Sorry, bud, your party

Re: Newsom wants to be the next Bill Clinton (Score:2)

by machineghost ( 622031 )

Both Newsom and DeSantis are clearly pursuing the presidency. Also both have exposed themselves as hypocrites (eg. Newsom telling everyone to stay home during Covid, then going out to schmooze with donors at the fanciest restaurant in the state, and DeSantis ... too many times to count).

Seems like they have enough in common to be comparable to me.

Re: (Score:3)

by Powercntrl ( 458442 )

> "He's basically a Democrat equivalent to Ron DeSantis at this point."

> That makes absolutely no sense, not at any level.

I live in Florida and it makes perfect sense. Both of them are mad with power and try to one-up each other by doing the opposite thing. Cali has a law requiring LGBTQ+ history be taught in schools (really, they do), Florida passed a "Don't Say Gay" law. Cali cracks down on guns, Florida passed constitutional carry. Then there was the ordeal with the gas stoves...

I'm still waiting for DeSantis's response to the plastic bag ban. More free plastic bags here in Florida? I'm sure he's thinking right now of

Re: (Score:3)

by NoWayNoShapeNoForm ( 7060585 )

I am pretty certain that Governor Hair Gel is Left-of-Center ... not right of center.

Because ... (Score:3)

by PPH ( 736903 )

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

Re: (Score:1)

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

That's his excluse? (Score:2)

by lsllll ( 830002 )

> 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."

weak and worthless like newsom (Score:2, Funny)

by drinkypoo ( 153816 )

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.

"send an opt-out preference signal" (Score:2)

by ZipNada ( 10152669 )

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.

Re: (Score:2)

by Rosco P. Coltrane ( 209368 )

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.

Re: (Score:2)

by VeryFluffyBunny ( 5037285 )

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?

Re: (Score:2)

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.

It's a moot point anyway (Score:2)

by Rick Schumann ( 4662797 )

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 loo

Whatever (Score:2)

by markdavis ( 642305 )

> "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 priva

Everyone remember (Score:2)

by NotEmmanuelGoldstein ( 6423622 )

> ... 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

Re: (Score:1)

by easyTree ( 1042254 )

"I used to care but I'm off to buy a new yacht so my focus has shifted"

CA depends on data mining (Score:2)

by djp2204 ( 713741 )

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

Good, I'm tired of clicking cookie buttons (Score:1)

by superdave80 ( 1226592 )

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.

As an OS developer how would I do this? (Score:2)

by FeelGood314 ( 2516288 )

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

In Europe, you do not need this (Score:2)

by gweihir ( 88907 )

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.

And the Tech Giants Profiting from This... (Score:2)

by biggaijin ( 126513 )

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

Because the fuckers can steal more easily! (Score:1)

by Chas ( 5144 )

Do we really need a fake answer?

The [Ford Foundation] is a large body of money completely surrounded by
people who want some.
-- Dwight MacDonald