• 25 Posts
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Joined 2 years ago
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Cake day: June 17th, 2023

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  • They’re not claiming a right to sell data right now, but they have removed the promise to not sell data.

    That promise is a canary statement. When the canary dies it’s an indication of something, usually that it’s time to stop using the product/service.

    More specifically, they aren’t claiming the right to sell data however they want. However, they do have to follow all legal requests, and they can bill for this provision. If a government compells them to sell they have to oblige.



  • Consideration does not have to just mean monetary payment

    Your statement implies there are other forms of payment than monetary.

    Firstly, “consideration” in this context means payment.

    My statement did not state monetary payments only, just payment generally. I clarified 2 sentences later with “in exchange for a payment (money or otherwise)”. The point I’m making is that “consideration” is a payment in return for something else, and that payment can either be money or any other valuable item or service.


  • Ahh good ol Rossmann lol. I love him but I hate watching his videos, he goes far too ranty and repeats himself, it becomes hard to extract the real points.

    Case in point, the video at your timestamp starts with an After-Before-Whatever rant before getting into any of the meat XD

    I think everyone is really missing the points here. It isn’t just bad PR, it’s so bad that it can only be intentional. They didn’t just claim rights and put them back, they removed their pledges to not sell data. The conversation isn’t focused on the net result, the loss of the pledge, it’s diluted elsewhere.

    Maybe they’re selling data to governments under law? I’m sure they already have terminology that permits them to do things legally required of them (so they don’t need you to give them further rights), and the general process for the tech industry is to protest against such government interference up until the point a contract is negotiated where the government pays for access. In fact, I think this is generally what’s happened with other businesses when their canary statements have gone away, as was revealed in the Snowden leaks.


  • Yes exactly. And that is entirely right and proper.

    Nothing of what Mozilla should be doing meets that definition. Even if they share data with 3rd parties to process it, and even if they pay the 3rd party for that service, they’re not supposed to get something in return for providing the data. But also, providing data in such a manner does not mean they are selling it.

    If they are getting something in return for providing the data, be it payment, other services or even simply a discount, then they’re doing something wrong.



  • I think you’re both right here. Mozilla has been hunting for money (to keep the lights on), and in doing so diversified into many things. However, when it has come to light that some of these things are grey or even black towards their morals, the right thing to do is to stop doing it. Instead of keeping their actions in line with their morals, they’re trying to change their morals to maintain their income.


  • Firstly, “consideration” in this context means payment. It’s standard contract law terminology. What that statement means is that Mozilla can’t give data to a 3rd party in exchange for a payment (money or otherwise) from the 3rd party.

    Mozilla should still be able to “share” data with no value exchange, or even pay a 3rd party to process the data in some way. In the latter case, Mozilla would be giving the data freely, on top of a transaction where Mozilla provides consideration in exchange for the 3rd party’s service.

    The only way, as I see it, that “valuable considerstion” towards Mozilla would occur is if the 3rd party were to give a discount on their service in exchange for the right to exploit the data. Or if Mozilla otherwise straight up sold the data.


  • I’ve only just started looking into this, but I think it’s all fluff. The claim is that any sharing of data could be considered a sale.

    This article says that an overly generalised definition of “sale” was proposed in California law, but that language was removed before the law came into effect. The CCPA webpage also frequently talks about opting out of “sale or sharing”, implying those two are different concepts. Thus Mozilla should be able to share data as needed to perform user-driven functions, while still retaining the pledge not to sell user data.

    There could also be more nuance in this. Perhaps Mozilla is concerned about liability based on third party actions - if they share with a 3rd party to perform a service, but that 3rd party doesn’t follow the privacy terms, then Mozilla has an increased risk of litigation.

    I haven’t started digging into the actual law itself yet, but the cynic in me wonders if organisations and their lawyers are looking to use this misunderstood news story as an excuse to weaken the privacy rights language. And the effect here is more significant to the user than the mild reduction in risk for Mozilla.