Ich mag Pfosten.

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Joined 2 years ago
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Cake day: July 8th, 2023

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  • The cookie consent rules appeared 2009, and consent was made more strict in 2018 with the GDPR.

    EU bodies such as the WP29 data protection board had been writing since at least 2014 on the need of reform because the cookie consent rules are onerous in practice. Everyone wants reform.

    So there was (is?) an effort to replace the ePrivacy Directive with a shining new ePrivacy Regulation that would also harmonize it with the GDPR. At the time, it was hoped it could come into force together with the GDPR in 2018. This regulation would have allowed the use of some cookies without consent, even when not strictly necessary.

    But the proposed regulation is disliked by both the data protection side and the industry side, because it changes the existing balance. It was heavily lobbied against by Google and others, and never got ready enough for a vote (report from 2017, and in 2021 the NYT reported on internal documents where Google boasted that it successfully slowed down any progress). Every year someone in the EU tries to pick it up again, but always there’s something more important and it gets dropped again. I guess the effort this article reports on will falter as well.

    Some silver linings though:

    • Because responsibility for enforcement for cookie consent currently differs from GDPR stuff, clever data protection authorities like Belgium and France have been able to issue fines against big tech companies without having to involve their extremely industry-friendly Irish colleagues.
    • Subsequent lobbying has not been able to prevent improvements on other aspects, e.g. Digital Markets Act and Digital Services Act, the latter of which also forbids Dark Patterns. However, these Acts primarily affect very large companies, not the average website.

  • Domains mit Unicode/Sonderzeichen sind doof.

    Aus Gründen der Sicherheit und Kompatibilität werden Domain-Namen mit nicht-ASCII Zeichen tatsächlich via Punycode notiert, der echte Domain-Name ist dann xn--irgendwas. Zum Beispiel,

    dömäin.example
    =
    xn--dmin-moa0i.example
    

    Das sieht einfach doof aus wenn der Browser letzteres anzeigt, egal ob dein Link jetzt schöne Sonderzeichen haben könnte.

    Das Browser das machen ist extrem wichtig zur Vermeidung von “Homograph”-Angriffen, bei der Phisher eine Domain registrieren die so ähnlich aussieht wie irgendwas bekanntes, aber in Wirklichkeit Sonderzeichen benutzt. Wann Browser Unicode oder Punycode anzeigen unterscheidet sich nach verschiedenen Heuristiken. Der einzige zuverlässige Ansatz für Domains die immer gleich angezeigt werden ist ASCII.


  • I found an academic article (Vogel et al 2019) that analyses this phrase. Key points:

    • when the German legislator uses geschäftsmäßig, this demonstrates a clear difference in intention from gewerbsmäßig or gewohnheitsmäßig

    • the article quotes Franz von Liszt 1881, and this definition seems to be accepted to this day:

      Die Gewerbsmäßigkeit charakteriſiert ſich einerſeits durch die auf öftere Wiederholung gerichtete Abſicht, andrerſeits durch die Abſicht des Thäters, ſich durch dieſe Wiederholung eine, wenn auch nicht regelmäßig oder dauernd fließende Einnahmsquelle zu verſchaffen […].

      Die Geſchäftsmäßigkeit teilt mit der Gewerbsmäßigkeit die auf regelmäßige Wiederholung gerichtete Abſicht, dagegen fehlt die Abſicht, ſich eine ſtändige Einnahmsquelle zu eröffnen. Ob die einzelnen Handlungen honoriert werden oder nicht, iſt gleichgültig.

    • the term geschäftsmäßig is significant for §5 TMG, but has also reached wider attention in the discussion around the decriminalization of assisted suicide.

    So the key defining aspect is the auf regelmäßige Wiederholung gerichtete Absicht, the intention directed towards regular repetition.

    This meaning in legalese German is divorced from everyday language.


    § 5 TMG has the interesting construction of “geschäftsmäßige, in der Regel gegen Entgelt angebotene Telemedien”. So the TMG does not seem to care whether you have a profit motive, only that other people might provide this kind of service for a profit motive. If other people would provide instances of Discord bots in order to get donations, that might already bring you in scope.

    This is not legal advice, but it seems like your options are to either avoid running an instance of the bot, only running it in a private context without access from a wider public, or sucking it up and providing the necessary documentation.

    And no, it is probably not possible to use a PO box because you don’t live or work at that address. The general expectation seems to be for the address in an imprint to be ladungsfähig, so that you can be served there. This random lawyer’s website writes:

    Unter der Anschrift in diesem Zusammenhang ist die Postleitzahl, der Ort, die Straße und die Hausnummer zu verstehen, nicht ausreichend ist die Angabe eines Postfachs.


  • That’s not the correct criterion. There are multiple German laws that require imprint-style disclosures.

    Some of them are indeed specific to commercial activities.

    But the Impressumspflicht typically means §5 TMG which requires an Impressum for

    geschäftsmäßige, in der Regel gegen Entgelt angebotene Telemedien

    Rough English translation:

    Telemedia offered in a business-like manner, typically for remuneration

    Critically, “geschäftsmäßig” does not mean “commercial” or “profit-oriented”. In particular, nonprofit organizations also act geschäftsmäßig.

    IANAL, but it doesn’t sound like your service wouldn’t be geschäftsmäßig.

    All of this is irrelevant anyway because you very likely have to publish a privacy notice per Art 13 or Art 14 GDPR. This must include the identity and contact details of the data controller (i.e., you). The German data protection authorities expect that the identity includes your real name and a ladungsfähige Anschrift (address where you can be served), so pretty much exactly what would be included in an Impressum anyway.


  • For a project like Signal, there are competing aspects of security:

    • privacy and anonymity: keep as little identifiable information around as possible. This can be a life or death thing under repressive governments.

    • safety and anti-abuse: reliably block bad actors such as spammers, and make it possible for users to reliably block specific people (e.g. a creepy stalker). This is really important for Signal to have a chance at mass appeal (which in turn makes it less suspicious to have Signal installed).

    Phone number verification is the state of the art approach to make it more expensive for bad actors to create thousands of burner accounts, at the cost of preventing fully anonymous participation (depending on the difficulty of getting a prepaid SIM in your country).

    Signal points out that sending verification SMS is actually one of its largest cost centers, currently accounting for 6M USD out of their 14M USD infrastructure budget: https://signal.org/blog/signal-is-expensive/

    I’m sure they would be thrilled if there were cheaper anti-abuse measures.


  • This article is ahistoric and unnecessarily conspirational.

    Signal and its predecessors like TextSecure have been run by different companies/organizations:

    • Whisper Systems
    • Open Whisper Systems
    • Signal Technology Foundation (and its subsidiary Signal Messenger LLC)

    Open Whisper Systems received about 3M USD total from the US government via the Open Technology Fund for the purpose of technology development … during 2013 to 2016. Source: archive of the OTF website: https://web.archive.org/web/20221015073552/https://www.opentech.fund/results/supported-projects/open-whisper-systems/

    The Signal Foundation (founded 2018) was started by an 105M USD interest free loan from Brian Acton, known for co-founding WhatsApp and selling it to Facebook (now Meta).

    So important key insights:

    • It doesn’t seem like the Signal Foundation received US government funding. (Though I haven’t checked financial statements.)
    • The US government funding seems to be a thing of the fairly distant past (2016). The article makes it sound like the funding was just pulled this year.
    • The US government funding was small compared to Signal’s current annual budget. It was not small at the time, but now Signal regularly makes more from licensing its technology than it regularly received from the US government. According to ProPublica, Signals financial statements for 2022 indicate revenue of about 26M USD


  • You actually get a say in how that money is spent, whereas if you donate to developers directly then they decide …

    You get to be involved in a “steering committee” of sorts for that project,

    The project itself always decides, unless you fork the project and do your own thing. You can wave a carrot in front of them (if you do X then you get $Y), but the relevant factor is going to be the size of the carrot $Y, not directly the “collective bargaining” via that platform. How would your platform facilitate finding a stronger negotiation position?

    this membership organization is incorporated as a non-profit, whereas the software project you’re supporting may not be

    It sounds like you may have discovered the “fiscal sponsor” concept. There are a couple of nonprofits already offering such services, such as the Software Freedom Conservancy or OpenCollective. The foundations like Linux Foundation, Apache Foundation, or Eclipse Foundation also come to mind.

    However, for all of these the project decides to join a host. Foundations can’t just annex projects.


  • On the other hand, the GDPR’s concept of “personal data” is extremely broad, much more so than the US concept of PII. Personal data is any information relating to an identifiable person. Pseudonymous info is still personal under this definition. Online usernames or social media handles are identifiers, and any linked info (e.g. posts, comments, likes) is personal data as well.

    So Lemmy and other Fediverse stuff is well within the GDPR’s material scope.

    However, the GDPR’s “right to erasure /to be forgotten” is more nuanced. It doesn’t quite always apply (though usually does). OP very likely has the right to request deletion from individual instances.

    Posts have been published through federation. The GDPR anticipates this (I think in Art 17(2)): if personal data has been made public by the data controller, and erasure is requested, then the data controller is obliged to take reasonable steps to notify other controllers of this.

    The ActivityPub protocol has built-in support for sending out such deletion notifications, and last time I checked Lemmy implements this. Of course the receiving instance might not honor this, but that’s outside of the responsibility of the initial data controller.

    While I’m not entirely convinced that everything here is 100% compliant, federation is less of a compliance issue than it might seem.



  • C++ does have the problem that references are not objects, which introduces many subtle issues. For example, you cannot use a type like std::vector<int&>, so that templated code will often have to invoke std::remove_reference<T> and so on. Rust opts for a more consistent data model, but then introduces auto-deref (and the Deref trait) to get about the same usability C++ has with references and operator->. Note that C++ will implicitly chain operator-> calls until a plain pointer is reached, whereas Rust will stop dereferencing once a type with a matching method/field is found. Having deep knowledge of both languages, I’m not convinced that C++ features “straightforward consistency” here…