Comment by DisjointedHunt
3 years ago
> Of course, everybody knows that
Lol. Thank you for agreeing. You're completely wrong about the fines part, it is discretionary. ie, if tomorrow, there is a negative press cycle, you will certainly be hit with any punishment of their choosing. The incremental warning and fines approach has no practical or legal basis.
If it does, get it in writing from __ANY__ entity entrusted with enforcing the GDPR, you will be laughed out of the room. Europe is a clown show. Ambiguity rules.
> These are the legislative and executive branches of the EU, not a bunch of unelected bureaucrats.
Oh really? Read my comment again. These assholes in the executive are directly changing the letter of the law. ie LEGISLATING.
They are further doing so with the stated objective of harming a single company. I can point you to the statements of a hundred or so elected officials, not least of all the president of the European Comission who said so in no uncertain terms when she was in the US for SXSW.
> It seems that you are very agitated because
I didn't ask you to diagnose anything, Dr. Phil. Sit the fuck down and read the comment again. The Council of State in France is who the CNIL reports to. They are the administrative justice Supreme Court.
When an agency goes fucking rogue against their oversight body while trying to kill a company, what else is it other than abuse of power? The very fact that you choose not to call this out makes me question your motives and judgement.
We have laws for a fucking reason. Not to print them out and hang them on the walls like ornaments but so there is discipline in the exercise of power entrusted in people with the power of Government. We can't have personal vendettas run through governmental office.
> I will point to Proposition 7 of Wittgenstein’s Tractatus and I won’t indulge you further on this.
Fancy. Should i be impressed? Does that disqualify all the abuse of power in your eyes?
> Lol. Thank you for agreeing. You're completely wrong about the fines part, it is discretionary. ie, if tomorrow, there is a negative press cycle, you will certainly be hit with any punishment of their choosing.
Not any punishment of their choosing, but according to Art. 83, that defines the maximum fine and the criteria to determine it.
This is not different from what the FDA or the SEC do in the USA. Or do you think they define exact fines for all possible misbehaviours up to the second decimal point regardless of mitigating factors or negligence?
> The incremental warning and fines approach has no practical or legal basis.
The legal basis is GDPR, which is a regulation of the EU. Do you mean that it goes against some EU treaties or rulings of the CJEU? Or the problem is that this notion upsets you somehow and you are telling me because you think I should do something about it?
> If it does, get it in writing from __ANY__ entity entrusted with enforcing the GDPR, you will be laughed out of the room. Europe is a clown show. Ambiguity rules.
I don’t understand what I should get in writing. Art. 83 of GDPR?
> Oh really? Read my comment again. These assholes in the executive are directly changing the letter of the law. ie LEGISLATING.
The Commission has the right of initiative, that is they propose laws that are approved by the Parliament. I’m not sure I understand what is upsetting you here.
Who are “these assholes in the executive” you are referring to? Are they the Commission or CNIL or both or none? I don’t live in France, but I’m sure the CNIL is not making new laws. If it worries you, I can ask around.
> We have laws for a fucking reason. Not to print them out and hang them on the walls like ornaments but so there is discipline in the exercise of power entrusted in people with the power of Government. We can't have personal vendettas run through governmental office.
Which is why the Council of State blocked the CNIL and also why you should not get so upset.
> Fancy. Should i be impressed? Does that disqualify all the abuse of power in your eyes?
I won’t indulge you further on this.
To sum it up, you don’t seem aware of how the EU makes laws but yet you know enough to be very agitated. You are especially upset with French bureaucrats, because some of them made some mistake and other French bureaucrats corrected them. For avoidance of doubt we’ll certify that you are very upset with both groups and that you think something should be done about it.
If you’re illiterate or deliberately avoiding the issues I’ve highlighted, then all the best to you and your kind.
We’ve established that there is presently different outcomes for the same actions under European law. Ie, if you send IP addresses today to AWS, you could be deemed to be doing something illegal overnight subject to 4% of global revenue or 20 million euro fines.
This isn’t about cents or decimals, jackass. You know very well this is about coverage.
Under the FDA or any US agency, you have an option to appeal to an independent branch of government whose decisions are binding. Here, we see the opposite take place in France. Lawlessness. Monarchy. Being run through the bureaucracy. You can’t even bring yourself to admit that the CNIL arrogantly brushed off effectively the SUPREME COURT OF ADMINISTRATIVE JUSTICE. You say it’s a “mistake”?? Are you fucking kidding me? Deliberately doing to opposite of what your oversight agency rules is abuse of power.
Can a European citizen simply ever say “yeah, fuck the GDPR, I know that’s a law, but I won’t follow it, doesn’t apply to me?” Of course not. So what gives the CNIL the power to ignore their responsibilities under French and European law?
Even after being blocked by the Council of state, they chose to target an individual company with the exact thing that they were instructed is legal and they should not be interfering with. Respect laws only when you like them?
Clear abuse of power, horrible precedent for democracies and rule of law everywhere and most European assholes connected to politics i speak to behave the way you do, try to brush it under the carpet? Anyone with half a brain will be aghast at what is happening is the EU and if you clowns think discourse that defends assholery from the bureaucracy wins you any favors or makes Europeans lives any better, you more stupid than I’m giving you credit for here.
> Ie, if you send IP addresses today to AWS, you could be deemed to be doing something illegal overnight subject to 4% of global revenue or 20 million euro fines.
If you are breaking the law, if a regulator finds out, you may be deemed to be doing something illegal overnight. Yes, that’s how everything works everywhere. What is worrying you now? The sound of a GDPR breach in a forest where nobody can hear it?
> Under the FDA or any US agency, you have an option to appeal to an independent branch of government whose decisions are binding.
Of course you can file an appeal, just use Google, you’ll find plenty, some successful and some not.
> Here, we see the opposite take place in France. Lawlessness. Monarchy. Being run through the bureaucracy. You can’t even bring yourself to admit that the CNIL arrogantly brushed off effectively the SUPREME COURT OF ADMINISTRATIVE JUSTICE. You say it’s a “mistake”?? Are you fucking kidding me? Deliberately doing to opposite of what your oversight agency rules is abuse of power.
You are getting fixated on a very minor case of French administrative law, that you didn’t even care to understand. The ICO made a minor mistake in considering all cookie walls illegal. The Council of State said that they can’t make a blanket ban, but that they should evaluate all cookie walls individually. No fine has been annulled and the ICO can still deem your cookie wall illegal. So still no monarchy for you.
> Anyone with half a brain will be aghast at what is happening is the EU
Anyone with a half brain will at least spend some time understanding the issue at hand before getting excessively agitated.
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> If you’re illiterate or deliberately avoiding the issues I’ve highlighted, then all the best to you and your kind.
Perhaps if you were to actually highlight the issues you claim to have highlighted, it might be easier for us and our "kind" (I don't know what "kind" I belong to). You rant about the European "monarchy", and the deficiencies of European bureaucracy; what about explaining your proposals for a reformed GDPR?
But I think you are opposed to any kind of privacy legislation. GDPR steams you up because it is privacy legislation that works. Well, that's fine; there are laws that USAians make that I'm opposed to. I'm not on-board with US lawmaking and judicial processes. That's fine too; I don't have to live or trade in the USA (and I did make a choice; I once lived in the USA).
I suspect that something about the GDPR must have bitten you quite badly - would you consider sharing what it was? It would be helpful if you avoided the "asshole", "weasel", "moron", "dumbass", "illiterate" language, and focused on what happened, and what the impact was.
NOTE: there are people here that don't seem to be good at spelling, but I don't think I've ever come across a post here that I would describe as "illiterate".
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> Monarchy.
You don't seem to know what a monarch is. You're ranting about a French regulator; you don't seem to be aware that the French got rid of their monarchy before the American colonies did.
> if you clowns think discourse that defends assholery from the bureaucracy wins you any favors or makes Europeans lives any better, you more stupid than I’m giving you credit for here.
The value of your "credit" diminishes with each post you make. Apparently your view is that "Anyone with half a brain will be aghast at what is happening is the EU"; well, either Europeans are, in fact, aghast, or you're really referring to your own "countrymen", which I suspect is a rather small clique of USAian tech bros.
Have a chill-pill, dude. GDPR is European law, for Europeans. You don't have to come to Europe, and you don't have to trade here. If you stick to jurisdictions that don't, in your view, involve assholery, then everything's copacetic for everyone, right?
I have a strong sense that you want to trade in Europe, without having to comply with European law. That's not going to work.