Home » The 2020 EncroChat hack led by the French and Dutch police is facing legal challenges across Europe and their outcome could have global implications for E2EE (Matt Burgess/Wired)

The 2020 EncroChat hack led by the French and Dutch police is facing legal challenges across Europe and their outcome could have global implications for E2EE (Matt Burgess/Wired)

by Techmeme
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More:New York Times,Data Protection Commission,Meta,noyb.eu,Wall Street Journal,The Verge,BleepingComputer,Reuters,The Record,BBC,Associated Press,Neowin,CNBC,Financial Times,TechCrunch,TRT World,MarketWatch,PYMNTS.com,International Association …,DataBreachToday.com,CNET,Search Engine Journal,Fox Business,Spokesman.com,euronews,Anadolu Ajansı …,Compliance Week,Observer,Washington Examiner,Digital Music News,Sky News Australia,SiliconANGLE,Research Live,The Independent,Quartz,BreakingNews.ie,SlashGear,The Guardian,Computing,radiobruxelleslibera,The Daily Caller,2020_europe,lawsociety.ie,The National,Vanguard News,UPI,Telegraph India,Forbes,Irish Examiner,TVP World,The Irish Times,Peoples Gazette,Channels Television,TheJournal.ie,Deseret News,TechRepublic,Shacknews,Associated Press,Press Association, andSearch Engine Land

Tweets: @andymstone, @vmanancourt, @maxschrems, @noybeu, @adrianweckler, @andymstone, @dpcireland, @andymstone, @martinsfp, @maxschrems, @eric_seufert, @s8mb, @estelmp, @jason_kint, @johnnyryan, @nwl88444048, @ekmokaya, @gabrielazanfir, @gabrielazanfir, @adrianweckler, @noybeu, @astaniscia86, @jesselehrich, @01core_ben, @jason_kint, @jesselehrich, @robertjbateman, @privacymatters, @jason_kint, @jesselehrich, @title9jen, @maxschrems, @adrianweckler, @tamaleaver, @maxschrems, @maxschrems, @carlszabo, @robertjbateman, @alexgibneyfilm, @maxschrems, @libertyrpf, @senmarkey, @floorter, @robertjbateman, @fbajak, @ka_iwanska, @justinhendrix, @jonathanmendez, @pt, @jason_kint, @montezumachavez, @maxschrems, @carlszabo, @missig_geek, @psantloki, @johnnyryan, @futureboy, @maxschrems, @brianhonan, @nytimesbusiness, @thetranscript_, @kenroth, @robertjbateman, @evan_greer, @shiraovide, @jason_kint, @andymstone, and @charlesarthur

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Adam Satariano / New York Times:   Meta’s Ad Practices Ruled Illegal Under E.U. Law

Data Protection Commission:   Data Protection Commission announces conclusion of two inquiries into Meta Ireland

Meta:   How Meta Uses Legal Bases for Processing Ads in the EU

noyb.eu:   BREAKING: Meta prohibited from use of personal data for advertisment

Sam Schechner / Wall Street Journal:   Meta Fined Over $400 Million in EU for Serving Ads Based on Online Activity

Adi Robertson / The Verge:   Ireland fines Meta over $400 million for its targeted advertising practices

Sergiu Gatlan / BleepingComputer:   Meta to fight €390 million fine for breaching EU data privacy laws

Padraic Halpin / Reuters:   Irish privacy regulator fines Meta more than $400 mln

Jonathan Greig / The Record:   Irish privacy watchdog fines Meta $400 million amid disagreement among European authorities

Chris Vallance / BBC:   Meta fined €390m over use of data for targeted ads

Associated Press:   Meta fined more than $400 million over ad targeting practices

Paul Hill / Neowin:   Meta fined €390 million by Irish Data Protection Commission for GDPR violations

Ryan Browne / CNBC:   Meta fined over $400 million by top EU regulator for forcing users to accept targeted ads

Financial Times:   Meta fined almost €400mn over EU privacy rule violations

Natasha Lomas / TechCrunch:   Meta’s New Year kicks off with $410M+ in fresh EU privacy fines

TRT World:   Irish data privacy regulator levies Meta more than $400 million in fines

Emily Bary / MarketWatch:   Meta hit with $410 million in European fines over ad targeting

PYMNTS.com:   Meta Fined $413M for GDPR Breaches

Jennifer Bryant / International Association …:   The Privacy Advisor Irish DPC fines Meta 390M euros over legal basis for personalized ads

Akshaya Asokan / DataBreachToday.com:   Irish Privacy Watchdog Fines Meta 390 Million Euros for Ads

Katie Collins / CNET:   Meta Fined for Serving European Users Personalized Ads in Violation of Privacy Law

Matt G. Southern / Search Engine Journal:   Meta Fined $414M for EU Privacy Law Violations

Julia Musto / Fox Business:   Meta fined nearly $414M over privacy violations by EU regulators

Stephanie Bodoni / Spokesman.com:   Meta hit with $414 million E.U. fine over ad personalization

Thomas Hill / euronews:   Meta fined €390m for privacy law breaches in the EU

Burak Bir / Anadolu Ajansı Güncel Haberler:   Ireland fines Meta over $410M over breaching data privacy

Neil Hodge / Compliance Week:   Meta fined $414M for targeted advertising GDPR breaches

Rachyl Jones / Observer:   Irish Regulators Again Sue Meta, Which Now Owes $1.3 Billion

Christopher Hutton / Washington Examiner:   Regulators says Meta’s personalized advertising practices illegal under EU law

Ashley King / Digital Music News:   Meta Fined Over $400 Million for EU Privacy Violations

Sky News Australia:   Meta’s ad practices ruled illegal by Europe

Maria Deutscher / SiliconANGLE:   Meta fined €390M in Ireland over behavioral ad practices

Liam Kay / Research Live:   Meta to settle $750m data privacy lawsuit

Andrew Griffin / The Independent:   Facebook owner Meta hit with $400 million fine over personalised ads

Diego Lasarte / Quartz:   Meta’s personalized ads violate privacy, an EU court ruled

Muireann Duffy / BreakingNews.ie:   Facebook parent company fined €390m by Data Protection Commissioner

Matt Salter / SlashGear:   EU Slaps Meta With $414m Fine And Big Advertising Changes May Follow

Dan Milmo / The Guardian:   Meta dealt blow by EU ruling that could result in data use ‘opt-in’

John Leonard / Computing:   Blow for Meta: must stop serving personalised ads until it’s GDPR compliant

Innoword / radiobruxelleslibera:   GDPR ruling puts at risk Meta’s personalised ads business

John Hugh DeMastri / The Daily Caller:   Regulator Fines Tech Giant Millions For Showing Targeted Ads Based On User Activity

2020_europe:   Facebook and Instagram owner Meta fined $400m by Irish regulator

lawsociety.ie:   Meta fined €390 million over GDPR breaches

Simon Rushton / The National:   Ireland fines Meta and issues warning over targeted adverts

Emmanuel Okogba / Vanguard News:   Meta fined €390m over EU data breaches

Joe Fisher / UPI:   Irish data commission issues $400 million in fines to Meta

Adam Satariano / Telegraph India:   Meta suffers European Union ad defeat

Brian Bushard / Forbes:   Meta Fined Over $400 Million By EU For Alleged Personal Data Collection Violation

Sean Murray / Irish Examiner:   Data Protection Commission hiked €59m fine for Facebook owner Meta to €390m

TVP World:   Meta to pay EUR 390 mln fine for violating user privacy

The Irish Times:   Data Protection Commission increases Meta fines to €390m after European ruling

Adefemola Akintade / Peoples Gazette:   Meta fined €390 million for illegally forcing ads on Facebook, Instagram users

Nebianet Usaini / Channels Television:   Meta Hit With 390mn Euro Fine Over EU Data Breaches

Niall O’Connor / TheJournal.ie:   Facebook and Instagram parent company Meta fined €390m by Data Protection Commissioner

Asia Bown / Deseret News:   EU regulator determines Meta’s ad practices are illegal, Meta fined $414 million

Shelby Hiter / TechRepublic:   Meta violates GDPR with non-compliant targeted ad practices, earns over $400 million in fines

TJ Denzer / Shacknews:   Irish data protection authorities fine Meta more than $400 million over EU privacy laws

Kelvin Chan / Associated Press:   Meta fined 390M euros in latest European privacy crackdown

Ben Lucas / Press Association:   Meta fined €390m by Irish data watchdog

Nicole Farley / Search Engine Land:   EU rules that Meta’s ad practices are illegal

Tweets:

Andy Stone / @andymstone:   @NicholasVinocur @vmanancourt 3. The decisions do not mandate the use of Consent and any suggestion personalized ads can no longer be offered by Meta across Europe unless each user’s agreement has first been sought is wrong.

Vincent Manancourt / @vmanancourt:   Breaking: In decisions just out, Meta is not only on the hook for privacy fines totaling nearly €400 million, but it must also — quickly — find a new legal basis for its sprawling targeted advertising empire. 🧵 https://pro.politico.eu/…

@maxschrems:   So, @noybeu (that the @DPCIreland calls “an [unspecified] Austrian complainant”) won against @Meta. They must stop using personal data for advertisement under #GDPR. The @EU_EDPB overruled the @DPCIreland who desperately tries to push that they would have done something on https://twitter.com/…

@noybeu:   🚨BREAKING: Following noyb litigation, @Meta (Facebook and Instagram) has been prohibited from using personal data for advertisement. The #GDPR decision signals a major blow to Meta’s business model in Europe, as Meta faces a € 390 Mio fine. ➡https://noyb.eu/…

Adrian Weckler / @adrianweckler:   Also: big, big disagreement between regulators here. From the story: https://twitter.com/…

Andy Stone / @andymstone:   A few things we want to be really clear about: 1. We’re appealing both the substance of the rulings and the fines. 2. Nothing about these decisions prevent personalized advertising on our platform.

@dpcireland:   Data Protection Commission announces conclusion of two inquiries into Meta Ireland: https://dataprotection.ie/… https://twitter.com/…

Andy Stone / @andymstone:   Let’s set the record straight. “…these decisions do not prevent personalized advertising on our platform. The decisions relate only to which legal basis Meta uses when offering certain advertising.” https://about.fb.com/…

@martinsfp:   Yowza: Meta’s ad practices ruled illegal under E.U. law. “It could result in Meta allowing users to choose whether they want their data used for such targeted promotions.” Apple has shown us how that approach ends up! https://www.nytimes.com/…

@maxschrems:   ..this really means is that the DPC and Meta control the media narrative of what the decision says or does not say as we can’t read or publish it. We all know that the EDPB f*cked the DPC another time in this case and @NOYBeu won it, but by withholding the details of the case..

Eric Seufert / @eric_seufert:   This is a very, very impactful decision: I interpret this as meaning that Meta must receive explicit consent from users to personalize ads using *first-party* data. This will fundamentally alter the company’s operating model in the EU. https://www.nytimes.com/…

@s8mb:   One of the most bizarre and harmful parts of the GDPR – out of a long list – is the idea that consent can’t be “freely given” if you’d lose out somehow if you didn’t give consent. So you can’t offer a service like Instagram in exchange for a user’s data. https://noyb.eu/…

Estelle M. / @estelmp:   Taking the EDPB to court would be an unprecedented move by the Irish DPC. The enforcement mechanism of the GDPR is based on cooperation, which of course may involve disagreements, but this suggest a deeper fracture. https://twitter.com/…

Jason Kint / @jason_kint:   In fact, I would call this decision against Facebook the second *nuclear strike on Facebook’s core business model of surveillance capitalism. Yes, Apple’s rollout of iOS 14.5 was the first strike. *I chose this term as adtech lobby used it a decade ago to thwart privacy changes.

Johnny Ryan / @johnnyryan:   The news: the European Data Protection Board have rejected the Irish DPC and Meta’s arguments that Meta could force people to hand over their data for ads under its terms https://t.co/13Um4WF9X6

@nwl88444048:   Helen Dixon, the @DPCIreland originally wanted to impose a €36m fine but she was forced by at least 10 other EU data protection watchdogs to impose a large multiple of that. https://twitter.com/…

Mokaya / @ekmokaya:   Europe rolls differently: “A top EU privacy regulator ruled that $META can’t use its contracts with Facebook & Instagram users to justify sending them ads based on their online activity, delivering one of the bloc’s biggest blows yet to the digital advertising industry” [@WSJ] https://twitter.com/…

Dr. Gabriela Zanfir-Fortuna / @gabrielazanfir:   In the DPC’s words “it is not open to the EDPB to instruct and direct an authority to engage in open-ended and speculative investigation” 💣 “the direction is problematic in jurisdictional terms”; “the DPC is considering an action for annulment at the CJEU” 18/

Dr. Gabriela Zanfir-Fortuna / @gabrielazanfir:   The final Irish DPC decision in these two cases had to include the findings of the EDPB. Therefore, a breach of Art 6 was also found. Plus, the EDPB directed the DPC to start an investigation into the use of sensitive data across Facebook and Instagram. And here comes a bomb 17/

Adrian Weckler / @adrianweckler:   That disagreement is being seized on by Meta, which is now talking about a “lack of regulatory clarity” and “certainty” on data privacy in Europe. Says it will appeal the decision.

@noybeu:   @Meta As confirmed by the Irish DPC, the European Data Protection Board (EDPB) has rejected the Irish DPC and Meta’s bypass of the GDPR based on noyb complaints against Facebook and Instagram. Meta is now prohibited to bypass the GDPR via a clause in the terms and conditions. (2)

Giulio S. / @astaniscia86:   The European Data Protection Board ruled that GDPR does not allow to use the so-called “contract basis” for collecting data used to target, tailor and sell advertising. Meta’s ads business is over. https://noyb.eu/… https://twitter.com/…

Jesse Lehrich / @jesselehrich:   the implications of this landmark are massive & not just for @meta. it affirms – for the first time – that terms of service requiring users to allow their data to be used for ad targeting violates GDPR. https://twitter.com/…

Ben Buchanan / @01core_ben:   EU trying its hardest to chase tech talent and innovation out of the block. They’re succeeding. https://twitter.com/…

Jason Kint / @jason_kint:   It’s existential risk at FB’s core biz model. Think iOS *ATT but instead up to 100% penetration in EU. That’s their risk. California is next. *that wonderful new feature on iPhones to tell FB not to track you significantly contributing to driving down FB market cap by 70%. 1/3 https://t.co/RFCEMDRmv7

Jesse Lehrich / @jesselehrich:   “Meta suffered a major defeat on Wednesday that could severely undercut its FB & IG advertising business after EU regulators found it had illegally forced users to effectively accept personalized ads.” https://twitter.com/…

Robert Bateman / @robertjbateman:   Two DPC decisions released following EDPB process • €210m fine for Facebook • €180m for Insta • Meta not allowed to rely on contract for behavioural advertising • 3 months to bring processing into compliance • New investigation into special category data across Meta https://twitter.com/…

@privacymatters:   Hmm. The decision does not mandate consent but it clearly prevents ‘contract’ as a legal basis for behavioural advertising. So practically that leaves ‘consent’ as the only viable option unless Meta believes ‘legitimate interests’ will fly (cough). 👀 https://twitter.com/…

Jason Kint / @jason_kint:   Stone is spinning y’all. Yes, they’ll appeal but 1) they went out on a limb where even Google wouldn’t go so don’t bet on a win, 2) EU’s DMA and German cartel office also forcing this FB change, 3) consumers expect this. 2/3

Jesse Lehrich / @jesselehrich:   🚨🚨🚨 BREAKING / HUGE NEWS: @Meta’s surveillance advertising practices have been ruled illegal under EU law! https://www.nytimes.com/…

Jen / @title9jen:   It will be nice to stop hearing “but Facebook and Insta do it” from my Data Analytics teams. #inhousetwitter #privacy https://twitter.com/…

@maxschrems:   ..they can make sure that they are center of attention and narrative. Never seen something like that in 10 years of litigation, but have to ask the next Judge if we may not “redact” a ruling before the other party gets it! F*cking crazy… 🙄

Adrian Weckler / @adrianweckler:   Meta has been handed a fresh fine of €390m by the Irish DPC — €210m for Facebook, €180m for Instagram. It brings to over €1.3bn the amount in fines that the company has been hit with in Ireland over the last 16 months. Full story: https://www.independent.ie/…

@tamaleaver:   This is *huge*. If Meta are no longer able to hide ‘consent’ to use personal data for advertising in their Terms of Use in the EU, huge swathes of users could opt out, disrupting Meta’s main business model. Meta’s Ad Practices Ruled Illegal Under E.U. Law https://www.nytimes.com/…

@maxschrems:   Fun fact: The same @DPCIreland that is publicly saying this decision it issued is wrong now also has to “defend” the decision when @Meta appeals it. I have the slight feeling we will have a major role in this case as @NOYBeu with a lot of costs -> https://noyb.eu/… https://twitter.com/…

Max Schrems / @maxschrems:   Major #GDPR fine by @EU_EDPB, overruling @DPCIreland: € 380 million instead of € 28 million. Meta prohibited from using personal data for ads without user consent. All details: https://noyb.eu/…

Carl Szabo / @carlszabo:   Because of interest-based ads, small businesses enjoy not only historically low-cost ads, but also more effective ads. If this lifeline for small businesses disappears, EU citizens will be the victims.

Robert Bateman / @robertjbateman:   A fight is underway! Very interesting paragraph at the bottom of the DPC press release The EDPB told the DPC to bring a new investigation into the processing of special category data across Meta The DPC considers this overreach and will appeal against the order at the CJEU https://twitter.com/…

Alex Gibney / @alexgibneyfilm:   this is a hugely important ruling: https://www.nytimes.com/…

Max Schrems / @maxschrems:   So @DPCireland is now accusing the @EU_EDPB of “rewriting the #GDPR” and for it being “pushed by privacy activists”. False and evil narrative, when the relevant EDPB Guidelines 1/2009 were decided “everyone against the DPC” without any knowledge or involvement of any “activist”. https://twitter.com/…

@libertyrpf:   I wonder how much of the EU’s budget is financed by fines on US Big Tech 🤔

Ed Markey / @senmarkey:   Big Tech’s monetization and manipulation isn’t some sort of glitch in the system. It is the system. And it’s disgusting. https://www.wsj.com/…

@floorter:   Calling an investigation into Facebook’s processing of special categories of data ‘fresh’ like the DPC does in their press release might be a bit of a stretch. https://twitter.com/…

Robert Bateman / @robertjbateman:   From me. The DPC intends to take the EDPB to court. The EPDB directed the DPC to undertake an “open-ended and speculative” investigation into Meta’s processing of special category data. The DPC says the EDPB is exceeding its powers. https://www.grcworldforums.com/ …

Frank Bajak / @fbajak:   What European regulators just told Meta in fining it more than $400m: You can’t force all Facebook/Instagram users to accept data collection for personalized ads by making it a requirement in the terms of service. Threatened: Meta’s surveillance capitalism business model. https://twitter.com/…

@ka_iwanska:   They’ll appeal the decision and then, when they inevitably lose again, will either come up with legitimate interest or some sort of fake consent to buy a few more years… I wonder what if max. GDPR fines were 20-30% of turnover (in the whole infringement period), rather than 4%… https://twitter.com/…

Justin Hendrix / @justinhendrix:   “Final decisions have now been made by the DPC in which it has fined Meta Ireland €210 million (for breaches of the GDPR relating to its Facebook service), and €180 million (for breaches in relation to its Instagram service).” Fines relate to complaints brought in May 2018: https://twitter.com/…

Jonathan Mendez / @jonathanmendez:   Wow. “We are not aware of any other company that has tried to ignore the GDPR in such an arrogant way.” https://noyb.eu/…

Parker / @pt:   Thr year is 2030, w/ the EU ruling all third party advertising illegal, the only media companies left in the EU are run by large brand advertisers. People post videos on NikeTok, use CocaCola’s search engine, & “tweet” inside the Starbucks app. Everyone only reads the Economist. https://twitter.com/…

Jason Kint / @jason_kint:   And sure Facebook may still be able to get permission to target on its own apps but 1) they may not be able to use any data derived from elsewhere, 2) they may need to delete everything retroactively, 3) regulator reports show FB gets most of its data from 3rd parties. Ouch. 3/3

Luis Montezuma / @montezumachavez:   The DPC’s decisions include findings that Meta Ireland is not entitled to rely on the “contract” legal basis in connection with the delivery of behavioural advertising as part of its Facebook and Instagram services. https://twitter.com/…

@maxschrems:   Good thing she [Helen Dixon] got a legal degree (#not) and was involved in the GDPR negotiations to tell everyone else that she is right and the others all misunderstand the #GDPR. Not the first time this accusation flies from Dublin to Brussels… 😉

Carl Szabo / @carlszabo:   The loss of interest-based ads will mean Europeans see more ads, more paywalls, and less content. https://www.wsj.com/…

Miss IG Geek / @missig_geek:   It’s official! Behavioural advertising *cannot* be bundled into a contract in order to claim contractual lawful basis. Transparency and fairness MUST be rigorously attended to. And Meta sucks (but we all knew that anyway) https://twitter.com/…

Prasant Lokinendi / @psantloki:   The war on personalized ads continues – at this rate, I’m not sure how any DTC small business can start up without any efficient ways to acquire first time customers https://twitter.com/…

Johnny Ryan / @johnnyryan:   The EDPB fine against Meta announced today is 10x the size of what the Irish DPC wanted to levy See page 87 of https://noyb.eu/… https://twitter.com/…

Chris Taylor / @futureboy:   Paging @elonmusk — for your inevitable clash with the EU, how deep are your pockets? https://twitter.com/…

@maxschrems:   So today the @DPCIreland is about to talk about the #Meta decision. In an amazing move they now informed us that we (the other party to the procedure) will not get the decision, because they first give it to Meta so that they can redact anything they find “sensitive”. Now what…

@brianhonan:   This is a big issue, the fine in one thing but more impactful is the decision regarding how Meta are prohibited from utilising user data for advertising. Arguably the latter has a bigger business impact than the fine https://twitter.com/…

@nytimesbusiness:   The judgment puts 5 to 7 percent of Meta’s overall advertising revenue at risk, said Dan Ives, an analyst at Wedbush Securities. “This could be a major gut punch,” he said. https://www.nytimes.com/…

@thetranscript_:   $META fined €390M: “…the DPC’s decisions include findings that Meta Ireland is not entitled to rely on the “contract” legal basis in connection with the delivery of behavioural advertising…& that its processing of users’ data to date… amounts to a contravention of…GDPR” https://twitter.com/… https://twitter.com/…

Kenneth Roth / @kenroth:   In a major step, the European Union rules that Meta (Facebook, Instagram, WhatsApp) cannot as a condition of using the service require users to accept the collection of their date to deliver personalized ads. A separate (genuine) consent is required. https://www.nytimes.com/…

Robert Bateman / @robertjbateman:   “The EDPB does not have a general supervision role akin to national courts in respect of national independent authorities and it is not open to the EDPB to instruct and direct an authority to engage in open-ended and speculative investigation.” Pretty strong language here.

@evan_greer:   This is good. Governments should focus on cracking down on surveillance advertising as a business model rather than trying to directly regulate online speech https://twitter.com/…

Shira Ovide / @shiraovide:   If this means Facebook and Insta will start giving Europeans (or everyone) a choice to reject or accept personalized ads… This could get interesting. by @satariano https://www.nytimes.com/…

Jason Kint / @jason_kint:   Ooomph. It took five years to get here but it’s a BFD. This statement from Facebook is laughable, “We strongly believe our approach respects G.D.P.R., and we’re therefore disappointed by these decisions,” Facebook said in a statement.” https://www.wsj.com/…

Andy Stone / @andymstone:   @NicholasVinocur @vmanancourt 4. There is a lack of regulatory certainty in this area and the debate around legal bases related to personalized ads has been ongoing for some time. 5. To wit: the DPC made quite clear its belief that “GDPR did not preclude Meta Ireland’s reliance on the contract legal basis.”

Charles Arthur / @charlesarthur:   Big decision effectively making a version of Apple’s Ad Tracking Transparency system (“do you want to be tracked yes/no”) a default requirement for Facebook/Meta on all platforms in Europe. Can’t circumvent GDPR by putting a clause in the interminable T+Cs. https://twitter.com/…

See also Mediagazer

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