Comment by seanhunter
3 years ago
Affirmative means the user has to take an action to consent. Not doing something for 30 days isn't an affirmative action - it's known as "implicit consent" which is the opposite of "affirmative consent"[1]
Express means they have to specifically consent and can't be implied to consent or consent passively somehow.[2]
This is neither affirmative nor express consent. Also notice that literally nothing that Google (or any company) can do gives affirmative, express consent from the user. The user themselves has to do something for Google to obtain that consent - that's literally the whole point of the wording of "affirmative, express".
I'd be very surprised if google's legal thinks this is actually consent or ok. I think most likely they said it probably wouldn't stand up to challenge and the McKinsey types who run google decided they probably wouldn't be challenged and it was worth the risk.
[1] https://iapp.org/resources/article/consent-2/
[2] https://www.wilsonlaw.com/blog/difference-between-express-an...
>I'd be very surprised if google's legal thinks this is actually consent or ok. I think most likely they said it probably wouldn't stand up to challenge and the McKinsey types who run google decided they probably wouldn't be challenged and it was worth the risk.
many of (ex)googler posts mention that legal needs to sign off on everything and looped into everything and they find it frustrating and slowing things down
change of such proportions can't be executed without involvement of multiple legal departments that both approved this decision and scrutinized every letter of this letter.
edit: from cpni itself " Use of opt-out and opt-in approval processes. A telecommunications carrier may, subject to opt-out approval or opt-in approval, use its customer's individually identifiable CPNI for the purpose of marketing communications-related services to that customer. A telecommunications carrier may, subject to opt-out approval or opt-in approval, disclose its customer's individually identifiable CPNI, for the purpose of marketing communications-related services to that customer, to its agents and its affiliates that provide communications-related services. A telecommunications carrier may also permit such persons or entities to obtain access to such CPNI for such purposes."
or in general 64.2007 and 64.2008 describe that it's ok