Technology
UK privacy watchdog takes credit for rise of ‘consent or pay’ rule
The UK’s data protection watchdog says its crackdown on sites that don’t ask visitors to consent to having their browsing activity tracked and profiled for ad targeting is bearing fruit. However, it admits that some of the changes prompted by the crackdown have seen sites adopt a controversial type of paywall that requires users to pay a fee to access content or opt in to being tracked and profiled for ad targeting (also often known as “pay or consent”).
The ICO didn’t disclose which websites had switched to a pay-or-agree model because it began asking questions on their tracking cookies. But it did name and shame several corporations for failing to comply with other cookie rules.
On Tuesday local time, the Information Commissioner’s Office (ICO) announced it had reprimanded Bonne Terre, the corporate behind Sky Betting and Gaming, for unlawfully processing personal data without consent.
Research has shown that data tracking can do loads of harm to individuals with addiction problems, which can explain why the general public rebuke of the ICO focused on an organization within the gambling sector.
“From 10 January to 3 March 2023, Sky Betting and Gaming processed users’ personal data and shared it with advertising technology companies as soon as they accessed the SkyBet website – before they had the opportunity to accept or reject advertising cookies,” the ICO wrote in a press release. “This meant that their personal data could be used to target them with personalised adverts without their prior consent or knowledge.”
The regulator told TechCrunch that it selected to issue a warning moderately than a sanction on this case since it believes it’s a proportionate use of its powers — “based on what will achieve the best outcome, and based on our priorities and limited resources.”
“In this case, we took into account Bonne Terre’s positive engagement with the ICO and the steps it has taken to improve compliance and considered that a reprimand was the most proportionate action,” ICO spokesman James Huyton added.
The reprimand is an element of a wider crackdown by the ICO on the use of cookies without consent, with the regulator highlighting a review of the UK’s “top 100 sites” last yr that identified “problems” with the way in which greater than half of sites used promoting cookies. then he wrote to 53 involved sites, warning they face enforcement motion in the event that they don’t change the way in which they deploy promoting cookies to comply with data protection law. The ICO suggests the outreach has helped remove some non-compliant cookie banners.
The regulator declined to verify the identity of any of the opposite sites contacted as part of its cookie compliance check. However, reporting the outcomes of its flurry of letters, the ICO said 52 of the sites it approached had made changes to the way in which they collected consent to tracking. The ICO said it had observed a number of changes, including some sites moving to a so-called “pay or consent” model – where visitors are blocked from accessing site content unless they consent to tracking or pay a fee.
Pay or consent is a controversial approach that’s currently being challenged legally and regulatory-wise within the European Union, including by privacy and consumer protection groups. Meta’s implementation of pay or consent can also be suspected of violating the bloc’s fair market principles. (The ICO declined to say whether Meta was one of the positioning owners it contacted about cookie consent.)
In a press release accompanying the report on the outcomes of the cookie banner crackdown, Stephen Bonner, deputy commissioner on the ICO, said the intervention had led to 99 of the highest 100 UK web sites “either already offering meaningful choice in advertising cookies or making changes to get people’s consent”. Which is sort of an either/or.
Bonner’s statement doesn’t provide any data to quantify the actual impact of the ICO on consent selections for UK web users. He says only that “some” of the changes observed included the introduction of a reject all button on sites that previously didn’t have one; others involved sites making their accept all and reject all buttons equally visible; and other sites introduced alternatives corresponding to “agree or pay” – a business model the ICO is “currently reviewing” for legality.
The gold standard for compliance with the UK’s General Data Protection Regulation, which is predicated on the EU framework of the identical name, could be to present website visitors with: easy yes/no selection accept or decline tracking. Sites that fail to accomplish that—for example, by only allowing users to simply accept but not decline tracking, or by making it easy to click a tracking acceptance button but hiding the decline option from multiple menus in confusingly worded settings—needs to be penalized for failing to comply. But too often, they get away with using manipulative, hidden patterns to steal consent.
The ICO must take some of the blame for years of ignoring warnings from privacy activists in regards to the ad tech industry’s unchecked data collection. It also didn’t act decisively by itself concerns in regards to the sector’s data collection practices, as set out in a 2019 report – for example, closing a grievance without issuing a choice in 2020 since it opted for soft industry engagement moderately than vigorous enforcement.
Last yr’s cookie harvesting campaign looks like an attempt by the ICO to finally see itself do something after years of exempting adtech players from compliance. However, its actions may raise questions provided that enforcement has apparently fuelled a rise within the use of controversial ‘pay or agree’ tactics. It’s also interesting to think about the sites it chooses to call and shame in comparison with others that also don’t offer users a transparent yes/no selection, but whose names we have now to infer.
As well as publicly reprimanding Sky Betting, the ICO has decided to call and shame gossip website Tattle Life – which it says was the just one of 53 web sites contacted that didn’t become involved – and said it might now launch an investigation into its use of cookies and its “apparent failure” to register with the ICO.
What about sites which have switched to implementing “agree or pay” cookie banners, meaning they don’t offer web users a free selection to opt out of tracking?
Tech giant Meta entered the sport last yr, deciding to force ad-tracking consent from Facebook and Instagram users by imposing a “pay us or let us track you” paywall on its formerly free social networks. Since then, a growing number of British news sites have imitated the tactic, with “pay or let us” paywalls popping up in all places previously free, ad-supported journalism was available.
We asked the ICO for its views on the creep and growth of “pay or agree”, including Meta’s adoption of the tactic, and a spokesperson referred to Bonner’s previous comments, writing: “Following engagement with Meta, we are investigating how UK data protection law would apply to any potential ad-free subscription service. We expect Meta to consider any data protection concerns we raise before rolling out a subscription service to UK users.”
At the start of this yr, ICO conducted consultations on “pay or consent” business models saying it hopes to supply an initial view of the approach but has not yet adopted a transparent public position. And on this regulatory gray area, loads of “consent or pay(wall)” is happening.
“When it comes to opt-in or pay models, we have told companies that they are not transparent with the public and that they must offer people meaningful choice about how their data is used and shared on their websites,” the spokesperson added. “Some companies have introduced alternative methods of obtaining consent, such as ‘opt-in or pay’, which we are currently considering as a business model following our consultation in early 2024. We will provide our position later in the year. In the meantime, we will continue to monitor developments in new approaches.”
Technology
Google is introducing ads to AI reviews, expanding AI’s role in search
Google will start showing ads in AI reviews, that are the AI-generated summaries it provides for certain Google Search queries, and will even add links to relevant web sites for a few of those summaries. AI-organized search results pages will even be available in the US this week.
The growing importance of artificial intelligence in Google’s core search engine is aimed toward keeping users from switching to alternatives comparable to ChatGPT or OpenAI’s Perplexity, which use artificial intelligence to answer lots of the questions traditionally asked to Google. Embarrassment he said in May that its worldwide user base had grown to over 85 million web visits, a drop in the bucket compared to Google, but impressive considering Perplexity launched just two years ago.
Since its launch this spring, AI Reviews has been the topic of much controversy, with its dubious claims and dubious advice (like adding glue to pizza) gaining huge popularity online. Recent report from the search engine marketing platform SE Ranking found that AI Reviews cites sites which might be “not completely trustworthy or evidence-based,” including outdated research and paid product listings.
The major problem is that AI Reviews sometimes has difficulty distinguishing whether a source of knowledge is fact or fiction, satire or serious matter. Over the past few months, Google has made changes to how AI Reviews work, including limiting responses related to current events and health topics. But the corporate doesn’t claim it’s perfect.
“We will invest in AI reviews to make them even more useful,” Rhiannon Bell, vice chairman of user experience at Google Search, said at a press conference. “We do everything we can to provide our users with relevant content.”
Separately, Google says AI Reviews has led to a rise in Google Search engagement, especially amongst 18- to 24-year-olds – a key demographic for the corporate.
Now Google is taking steps to monetize this feature by adding ads.
US mobile device users will soon see ads in AI Reviews with “relevant queries” comparable to how to remove grass stains from jeans. Ads labeled “Sponsored” will appear alongside other unsponsored content in AI summaries and can be pulled from advertisers’ existing campaigns on Shopping and the Google Search network.
AI Reviews ads have been available to select users for a while, and according to internal Google data, they’ve been well received.
“People have found AI advertising useful because it allows them to quickly connect with the right companies, products and services to take the next step exactly when they need it,” Shashi Thakur, vice chairman of Google Ads, wrote in a blog post shared with TechCrunch .
But ads also litter AI summaries. One of the formats, the carousel of sponsored product results, is embedded directly in AI summaries and placed in such a way that unsponsored content is pushed to the screen.
The recent look of AI Reviews that appears alongside ads adds highlighted links to web sites that could be relevant. For example, when you search “Do air filters protect your lungs?” AI Reviews may link to a study on air filters conducted by the American Lung Association.
The redesign was tested for several months and is currently being rolled out in regions where AI Overviews were already available, including India, Brazil, Japan, Mexico, the US and the UK
Finally, this week in the US, a separate product will debut on mobile devices – search results pages organized by artificial intelligence. Searches for recipes and meal inspiration – like “What are some good vegetarian snacks or dinner ideas that make an impression?” – can display an AI-aggregated page of content from across the web, including forums, articles and YouTube videos.
However, they are going to not include AI Reviews ad formats.
“The customized Gemini (model) generates an entire page of relevant and structured results,” Bell explained, referring to Google’s Gemini family of artificial intelligence models. “With AI-organized results pages, we are serving more diverse content formats from a more diverse set of content.”
Google says it plans to expand these pages to other search categories in the approaching months.
Publishers may suffer collateral damage.
One study found that AI reviews can negatively impacting roughly 25% of publisher traffic due to the reduced emphasis on website links. On the revenue side, an authority quoted by The New York Post estimated that AI-generated reviews could result in publisher losses of greater than $2 billion due to the resulting decline in ad impressions.
AI-generated search results from Google and competitors don’t yet appear to block traffic from large publishers. In their latest earnings, Ziff Davis and Dotdash Meredith – IAC parents characterised effects as negligible.
But which will change because Google which commands over 81% of the worldwide search market, expands AI overviews and AI organized pages for more users and queries. According to one estimateAI overviews only showed up for about 7% of searches in July, as Google re-targeted the feature to make changes.
Google says it continues to take publishers’ concerns under consideration during its AI-powered search workshops.
Technology
Google Maps will display AI-powered review summaries in India
Google is adding latest AI-powered features to Maps in India, including AI-powered summaries, the power to go looking for attractions, and weather alerts.
The Maps app will analyze reviews and display place summaries, he added. The company announced this on Thursday at Google’s annual India event.
Additionally, users will find a way to go looking Maps for items and attractions, corresponding to asking for “unique picnic spots” or “themed birthday cakes,” to search out cake vendors.
When people ask such questions, Google Maps will display images first, which will prioritize photos uploaded by businesses and users, the corporate says.
Google uses image recognition to associate labels or descriptions of places with such queries.
The company also said that while navigating, users will see latest weather alerts for areas with poor visibility because of fog and flooded roads.
The suite of latest features will be rolled out to users in India later this month. AI-powered review summaries debuted on Maps in the US in February. Google competitor Yelp also displays business summaries on its revamped feed in the USA
In July, Google added quite a few India-specific features to Google Maps, including higher navigation directions, higher navigation on overpasses and narrow roads, electric vehicle charging stations, and community-generated lists to find places in chosen cities.
Technology
Judge blocks new California artificial intelligence law over Kamala Harris deepfake
A federal judge on Wednesday blocked considered one of California’s new artificial intelligence laws, lower than two weeks after Gov. Gavin Newsom signed it. Shortly after AB 2839 was signed into law, Newsom suggested it is likely to be something we would get used to force Elon Musk to take down Vice President Kamala Harris’s fake AI that he reposted (invoking a little web battle between them). But a California judge just ruled that the state cannot force people to remove fraudulent elections — not less than not yet.
AB 2839 targets distributors of faux AI content on social media, especially if their post resembles a politician and the sender knows it’s fake and will confuse voters. The law is exclusive in that it doesn’t goal the platforms where AI deepfakes appear, but relatively those that spread them. AB 2839 empowers California judges to order posters depicting AI deepfakes to be removed or face fines.
Perhaps unsurprisingly, the unique poster of this AI deepfake – an X user named Christopher Kohls – filed a lawsuit to dam the new California law as unconstitutional only a day after it was signed into law. Kohls’ lawyer wrote in: criticism that Kamala Harris’s hoax is satire that must be protected by the First Amendment.
On Wednesday, U.S. District Judge John Mendez sided with Kohls. Mendez ordered a preliminary injunction to dam the California attorney general from enforcing the new law against Kohls or anyone else, aside from the audio messages covered by AB 2839.
Read for yourself what Judge Mendez said his decision: :
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In essence, he ruled that the law was just too broad as written and will end in serious overreach by state authorities about what’s and will not be permitted.
Since it is a preliminary injunction, we’ll should wait and see if this California law is definitely blocked permanently, but either way it’s unlikely to have a significant impact on next month’s elections. AB 2839 is considered one of 18 new artificial intelligence bills that Newsom signed into law last month.
Nevertheless, it is a major victory for Elon Musk’s camp of free speech posters on X. In the times after Newsom signed AB 2839, Musk and his usual allies released AI deepfakes series who tested California’s new law.
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