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jjcm 12 hours ago

Here's the actual statement from the European Comission: https://ec.europa.eu/commission/presscorner/detail/en/ip_26_...

It's important to note they aren't creating laws against infinite scrolling, but are ruling against addictive design and pointing to infinite scrolling as an example of it. The wording here is fascinating, mainly because they're effectively acting as arbiters of "vibes". They point to certain features they'd like them to change, but there is no specific ruling around what you can/can't do.

My initial reaction was that this was a terrible precedent, but after thinking on it more I asked myself, "well what specific laws would I write to combat addictive design?". Everything I thought of would have some way or workaround that could be found, and equally would have terrible consequences on situations where this is actually quite valuable. IE if you disallow infinite scrolling, what page sizes are allowed? Can I just have a page of 10,000 elements that lazy load?

Regardless of your take around whether this is EU overreach, I'm glad they're not implementing strict laws around what you can/can't do - there are valuable situations for these UI patterns, even if in combination they can create addictive experiences. Still, I do think that overregulation here will lead to services being fractured. I was writing about this earlier this morning (https://news.ycombinator.com/item?id=47005367), but the regulated friction of major platforms (ie discord w/ ID laws) is on a collision course with the ease of vibe coding up your own. When that happens, these comissions are going to need to think long and hard around having a few large companies to watch over is better than millions of small micro-niche ones.

Funes- 10 hours ago | parent | next [-]

>"well what specific laws would I write to combat addictive design?"

Hear me out: banning advertising on the Internet. It's the only way. It's the primordial domino tile. You knock that one over, every other tile follows suit. It's the mother of chain reactions. There would be no social media, no Internet as we know it. Imagine having TikTok, YouTube or X trying to survive on subscriptions alone in their current iterations. Impossible. They'd need to change their top priority from "maximizing engagement by fostering addictive behavior" to "offering a product with enough quality for someone to pay a fee in order to be able to use it".

bruce511 5 hours ago | parent | next [-]

Define "advertising". I feel this might be hard to do.

For example is my blog talking about Windows considered as Advertising? What about my blog discussing products we make? What about the web site for my local restaurant?

If I add my restaurant location to Google maps, is that advertising? Are review sites?

If I'm an aggregator (like booking.com) and I display the results for a search is that advertising?

I assume though you meant advertising as in 3rd party advertising. So no Google ad words, no YouTube ads etc. Ok, let's explore that...take say YouTube...

Can creators still embed "sponsored by" scenes? Can they do product placement?

Your suggestion is, unfortunately, not implementable. Leaving aside the merit for a moment, there's just no way that any politician can make it happen. Google and Facebook are too big, with too much cash to lobby with. And that's before you tell everyone that the free internet is no more, now you gotta pay subscriptions.

And, here's the kicker, even if you did force users to pay for Facebook and Google, it's still in their interest to maximize engagement...

littlecranky67 16 minutes ago | parent | next [-]

In a lot of countries in the EU, advertising for tobaco products, prescription medication, lawyer/docts are prohibited. That ban has been working quite well for decades.

onion2k 3 minutes ago | parent [-]

This is true, but it's worth adding that there are no blog posts about those things either, or articles, discussions, etc except in very limited niche places dedicated to talking about them.

If there was a ban on 'internet advertising of anything' then it would basically kill all discussion of any products on the internet.

stingraycharles 4 hours ago | parent | prev | next [-]

Advertising = compensating someone to promote a product / company.

It’s about the compensation. That makes it advertising.

Regular booking.com is fine. Paying booking.com to allow your results to appear higher is not.

Regular Google Maps to register your restaurant is fine. Paying Google Maps to promote your restaurant is not.

It’s not that hard to implement. Advertising is pretty well defined.

dahart 4 hours ago | parent | next [-]

Promotion of anything at all is advertising, with or without compensation. The word advertising is pretty well defined, and the dictionary definitions don’t usually mention compensation, e.g. https://www.merriam-webster.com/dictionary/advertise.

An example I’m sure you would consider advertising - consider Google advertising Google Fiber in Google search results, or Facebook advertising business services on Facebook, or Apple, Netflix, Cinemark advertising their own shows & products in their own channels. You’ve seen lots of these, I’m sure you would consider them ads, but it’s not the compensation that makes them ads.

nozzlegear 4 hours ago | parent | prev | next [-]

How would something like Github Sponsors work? Lots of projects use a "sponsor us for $LARGE_SUM and we'll mention you in our readme and release notes" model.

Barbing 4 hours ago | parent | prev | next [-]

What would YouTube look like?

(Genuinely happy to read “like the good old days” as an answer!)

yunohn 2 hours ago | parent | prev | next [-]

> Paying booking.com to allow your results to appear higher is not.

But booking takes a cut of the booking in all scenarios, so they’re already incentivized to prioritize results that result in more profit for them. This all gets very tricky unfortunately.

arter45 31 minutes ago | parent [-]

Yes, but that is different.

Scenario A: Booking.com wants to increase their profits so they analyze their results and prioritize the best ones to reach their target. Regardless, Booking takes a cut of everything.

Scenario B: if you pay Booking $10k you can get to the first page even if you are a random 1-star hotel. Booking takes a cut of everything and also profits by getting money in exchange for more visibility of certain results.

bruce511 4 hours ago | parent | prev [-]

>> Advertising = compensating someone to promote a product / company.

That's a definition, sure. I feel like it leaves loopholes (under this definition spam isn't advertising, and I guess affiliation programs are?)

If I pay someone to print flyers is that advertising? If I pay squarespace for my site, is that advertising?

What if I need a Google maps subscription to place pins? Is placing a pin then advertising? Even if the subscription gives me other abilities?

Under your definition I guess YouTube creators can't be sponsored. And all existing videos with sponsorship need yo be removed? And I guess no online watching of sports (lots of people paid to wear a logo there...)

Presumably no product placement in Netflix shows (not sure what to do with old content?)

Of course I'm not paid to advertise MiraclePill. My channel exists purely thanks to patreon. No, I don't know that my "executive level" patreons are all MiraclePill employees...

No, I don't pay Google for ads, the ads are free when I purchase GoogleCoin which I buy because I expect GoogleCoin to go up in value...

>> Advertising is pretty well defined.

Alas, I fear it isn't...

brabel an hour ago | parent | next [-]

What are you trying to say, that it's impossible to define anything legally without edge cases?? That's bullocks.

> If I pay someone to print flyers is that advertising?

What the hell, we're talking about internet... you can't put printed flyers on the internet.

> If I pay squarespace for my site, is that advertising?

No. It's your site, not a third-party site promoting your site!

> What if I need a Google maps subscription to place pins? Is placing a pin then advertising?

If you promote it somehow, yes... if you just say there's a business there, no, since you're not actively promoting it. Information that something exists by itself cannot be included in "promotion".

> And all existing videos with sponsorship need yo be removed?

Yes, or re-uploaded without the sponsor segment.

> And I guess no online watching of sports (lots of people paid to wear a logo there...)

There could be exceptions for ads placed on the real world which are not paid for by the site/creator. There's always cases that must be allowed, no prohibition is absolute.

> Presumably no product placement in Netflix shows (not sure what to do with old content?)

To be honest, I wouldn't mind subtle product placements in shows. That's a lot less hostile than actual ads we see today on the Internet.

> Of course I'm not paid to advertise MiraclePill.

If you lie that you're not paid by someone while you are, like with any law, you can be prosecuted for it.

> Alas, I fear it isn't...

You didn't show what you think you did.

alpaca128 a minute ago | parent [-]

>> And all existing videos with sponsorship need yo be removed?

> Yes, or re-uploaded without the sponsor segment

I hope not. For one that would hit retroactively, but also it would cause a huge loss of valuable content from platforms like YouTube as countless videos with sponsor segments are actually interesting and simply too much to reupload, if the uploader is even active still.

wasmainiac 3 hours ago | parent | prev [-]

Being a little pedantic here no?

80/20 rule, it’s defined well enough to encompass 80% of advertisements. Anything beyond that is tolerated or illegal spam.

And if the situation arises that ads are being used unjustly the legal definition will eventually shift.

Kerrick 3 hours ago | parent | prev | next [-]

> The Commission believes these terms are sufficiently clear and declines to add definitions of these terms.

- https://www.ftc.gov/sites/default/files/documents/federal_re...

toofy 44 minutes ago | parent | prev | next [-]

anything where you take any kind of compensation/gift to display/discuss a product.

rrgok 3 hours ago | parent | prev | next [-]

Just answer this question: do you get a compensation for showing me something that I did not click for?

reddalo 3 hours ago | parent | prev | next [-]

What about just banning personalized advertising? Like: you can pay Google Maps to show your result as sponsored, but Google can only show it to either everybody or randomized people.

conductr 40 minutes ago | parent [-]

They’re still incentivized to show you as much as possible. I don’t think this moves the needle much.

kerkeslager 3 hours ago | parent | prev [-]

Let's drop the charade where you pretend you don't know what advertising is. You're smarter than that, and your playing dumb act would be more persuasive if you didn't ask leading questions that clearly show you know the answers. This isn't a good faith argument.

I mean are you really asking whether creators embedding "sponsored by" scenes is an ad as if you don't know? C'mon, don't insult your readers with this nonsense.

HN commenters are not legislators, and even if random HN commenters can't draft legislation, that doesn't mean that a minimally-funded team of experts would have any difficulty with the problem.

rsolva 40 minutes ago | parent | prev | next [-]

Ban personalized advertising!

Terr_ 17 minutes ago | parent [-]

Putting on my cynic-hat:

1. Reform occurs, now ad-networks serve ads based on the content it appears near, rather than analyzing the viewer.

2. Ad-network says "You know, I'd pay more if you had a version of this content that drew people who were X, Y, Z..."

3. The sites start duplicating their content into hundreds of inconsequentially-different sub-versions, profiling visitors to guide them to "what fits your interests", but it's actually a secret signal to the ad-networks.

4. Ad-network, super-coincidentally, releases tools that can "help" sites do it.

gchamonlive 9 hours ago | parent | prev | next [-]

Infrastructure costs money. There's no way around it. I'm all up for banning ads. But there should be another viable business model to replace it.

lich_king 7 hours ago | parent | next [-]

I think that's revisionism. Social media existed before online advertising. Usenet was quite massive and vibrant, countless IRC servers were maintained by volunteers, web-based forums covered pretty much the same ground as Reddit does today. All supported by the goodwill of individuals, non-profits, and businesses such as ISPs that actively wanted the internet to be interesting because they were making money by selling access to it.

The thing that changed in the mid-2000s was that we found ways to not only provide these services, but extract billions of dollars while doing it. Good for Mark Zuckerberg, but I doubt the internet would be hurting without that.

justinclift 2 hours ago | parent | next [-]

> All supported by the goodwill of individuals, non-profits, and businesses ...

That goodwill seems to be in short supply since... hmmm the mid 2000's (rough guess). And goodwill like that seems to be honestly not even understood by the generation(s)* since then.

* Saying "generations" (plural) there because we've had quite a few people go through their formative years during this time and not just a single clearly defined generation.

plagiarist 6 hours ago | parent | prev [-]

The internet was absolutely better without that. I arrived after the original Eternal September, but there have been more and more until now everyone is perpetually online 24/7.

Now fucking everything about the world is a hustle to monetize every possible nook and cranny around content. There isn't even content anymore, it's nearly all AI slop as a substrate to grow ads on.

I am nostalgic for the era when I found "punch the monkey" irritating. People used to make websites as a labor of love.

gpm 8 hours ago | parent | prev | next [-]

I don't think we have a right to a business model. Either you figure one out for your particular site (selling access to the website, donations, etc) or you don't and stop and either is ok.

gchamonlive 8 hours ago | parent | next [-]

For Google, they figured out it's ads... So is it ok?

lcnPylGDnU4H9OF 8 hours ago | parent [-]

Ostensibly not, if it is outlawed.

andsoitis 4 hours ago | parent [-]

But under what principle would you allow advertising, in general, online?

That seems like an arbitrary penalty. What harm is being prevented by banning advertising, in general?

Scarblac an hour ago | parent | next [-]

Allowing advertising quickly makes everything about getting more eyeballs and therefore more income from advertising. Users aren't the customer, they are the product.

That directly leads to all these addictive dark patterns.

Eisenstein 2 hours ago | parent | prev [-]

All human laws are arbitrary in the sense that they have no natural precedents. We made them up because they make society better when we have them. Sometimes they end up not doing that so we change them as needed. In this case, a lot of people think society would be improved if we created this one.

Matticus_Rex 6 hours ago | parent | prev | next [-]

I think we have rights to do lots of things that banning this business model would violate.

gpm 5 hours ago | parent | next [-]

I assume you're primarily referring to freedom of expression? I take the view that it doesn't include the freedom to pay people to carry a particular message so long as the restriction on paying is neutral as to the content of the message, but I can certainly respect the view that it does.

My comment about not having a right to business models is in some ways more general. Regardless of whether this business model is protected for some other reason, business models in general aren't, and it's a common flawed argument that they are.

kerkeslager 2 hours ago | parent | prev [-]

Really? Name one.

Note, neither one of us is a corporation, so "we" doesn't refer to corporations.

nkmnz 3 hours ago | parent | prev | next [-]

Tell this your local sports club that needs a new set of shirts.

kerkeslager 2 hours ago | parent [-]

I support government funding for things that keep the population exercising. It literally saves taxpayers money by driving down healthcare costs.

WarmWash 6 hours ago | parent | prev | next [-]

Please, continue that "etc"...

Its been 30 years and no one has been able to continue that "etc".

gpm 6 hours ago | parent [-]

Of course they have. Off the top of my head examples include: Grants in the form of tax dollars (e.g. arxiv). To benefit the authors reputation (e.g. numerous scientists, developers, etc personal sites. zacklabe.com as a useful example). As a hobby (I think aiarena.net falls into this category). To collect data for research purposes (e.g. the original chatgpt release, and early recaptcha)...

raw_anon_1111 4 hours ago | parent [-]

What could possible go wrong with the government funding media? It’s not like they would take away funding for media that they don’t agree with.

thfuran an hour ago | parent | next [-]

PBS and BBC are both pretty well regarded and receive public funding.

Eisenstein 2 hours ago | parent | prev [-]

Why would a government elected in a democracy be less trustworthy than a few private individuals? Do heads of large corporations not have an interest in controlling information?

fooker 6 hours ago | parent | prev [-]

That works great when everyone has resources to pay for things online.

In practice, this cuts of 80% of the worlds population.

Der_Einzige 6 hours ago | parent [-]

Oh you mean we can reverse the eternal September? Sign me up! Gatekeeping is good, actually! The “let people enjoy things” crowd is responsibility for facilitating the mass enshittification of everything.

Catering to the lowest common denominator is how we got the Burger King guy on spirit airlines.

fooker 6 hours ago | parent [-]

Why are you commenting here instead of a website that gatekeeps commenters?

johnnyanmac 5 hours ago | parent [-]

"You criticize society, yet you participate in it".

I have and do pay for website access. That doesn't mean much if the current model flocks to no paid services.

coldtea 8 hours ago | parent | prev | next [-]

If it can only be funded via ads, it shouldn't be funded and is not essential to exist.

Scarblac 2 hours ago | parent | prev | next [-]

Users can pay for services they use.

If that's not viable enough, so be it.

tokyobreakfast 8 hours ago | parent | prev | next [-]

HTTP Error 402: Payment Required was created for a reason. Maybe we need to rethink micropayments.

MBCook 8 hours ago | parent | next [-]

There’s nothing wrong with macro payments either.

Five dollars a month to subscribe or whatever. If people get the value out of it, you can get them to pay it.

SoftTalker 6 hours ago | parent | next [-]

Subscription fatigue will quickly limit that. Yes, people used to subscribe to magazines but usually just a few. And by the way, those magazines were full of ads too.

presentation 6 hours ago | parent | prev [-]

Half of the people on this site think that subscriptions are evil too, though.

kevin_thibedeau 5 hours ago | parent | prev [-]

Project Xanadu will be ready any decade now.

ahallock 8 hours ago | parent | prev | next [-]

Banning ads? That's just so authoritarian and absurd. I hope you never become king

gchamonlive 8 hours ago | parent | next [-]

Regulation is freedom. Think of ads powering the web as current day's lead in gas.

ahallock 6 hours ago | parent [-]

Regulation is freedom? Peace is war, too, I guess.

jack_pp 5 hours ago | parent | next [-]

Restricting freedom of bad actors means enhancing freedom of everyone else.

Say a a kid started throwing tantrums at school. By not punishing/ removing him you restrict the freedom of everyone else.

andsoitis 4 hours ago | parent [-]

Ooh they should do that on planes!

NeutralCrane 5 hours ago | parent | prev | next [-]

Can you think of a singe freedom you enjoy that isn’t in one way or another supported by some form of regulation?

andsoitis 4 hours ago | parent | next [-]

> Can you think of a singe freedom you enjoy that isn’t in one way or another supported by some form of regulation?

Regulations can protect freedoms, but they don’t create them. Freedom is inherent. Regulations protect.

tt24 3 hours ago | parent | prev [-]

Yeah most of them

johnnyanmac 5 hours ago | parent | prev | next [-]

What we have now sure it's freedom. Let's try having our tax dollars work for us this time.

AmbroseBierce 6 hours ago | parent | prev [-]

Regulation took away your freedom when it took asbestos out of your house right? Please be serious.

b112 5 hours ago | parent [-]

Viewing this thread, and the back and forth of it, I need to say something.

Advertising sucks in this thread too.

By that I mean, people are not speaking plainly, and it is almost ingrained into our societies now. We "sell" our position in a discussion, a debate.

For example, regulation does curtail freedom. Completely.

However, lack of regulation can harm people. Significantly.

Thus, regulation does not give people more freedom, it can however reduce harm.

In democratic nations, often judges will weigh these two things, when determining if a regulation passes the muster. In my country, we have the Charter of Rights and Freedoms, and often judges will determine if a challenged regulation is of sufficient, required public good, whilst not overtly reducing freedom of the individual.

This is a mature conversation.

Advertising is not.

A primary example I've seen in the US, is people calling immigrants "undocumented" on one side, and "criminals" on the other. This is, of course, a reduction in nuance, and designed to advertise a position merely with the words used. And it is a societal sickness.

An illegal alien is just that, and using that term confers no judgement, for it is simply fact.

There was a time when politics were not first and fore in terms of the use of language. The current trend to be "touchy feely" over use of language, and find great offense at the use of language, does nothing other than stop debate. Reduce discussion. Cause schism instead of collaboration.

And there are those around us, which prefer that.

Don't feed them.

AmbroseBierce 4 hours ago | parent [-]

Completely fair, but I was responding to someone who doesn't think that it curtails freedom but that is the total opposite, you cannot be free if you are dead (except for a few niche philosophical definitions of the word), so human centric regulations like the asbestos ban are orthogonal to freedom, even if I admit in the strictest definition of the word yes, a regulation can curtail your freedom to harm yourself and hypothetically could curtail yourself from positive benefits as well.

But the thing is that statistically the likelihood they were discussing in good faith about this is near none, instead their way of speaking are telltales of a libertarian, where they have a almost religious believe that regulation is their biggest enemy and will never admit that the lack of it could harm or even kill them, I have wasted many many hours talking with such kind of people and don't aim to waste more arguing in good faith giving nuanced responses.

b112 4 hours ago | parent [-]

Oh I'm not blaming you, but the conversational framework we're being collectively trapped in.

AngryData 3 hours ago | parent | prev | next [-]

I disagree, most advertising is just an attempt at manipulation, not just a genuine "our products exist and you might like them." I would consider not being legally manipulated, especially by financially interested groups, more free than the reverse.

coldtea 8 hours ago | parent | prev | next [-]

Have we come to such a low cultural point that ads are seen as some kind of basic human right?

Fuck ads. What's absurd is tolerating them and the damage they do to media, consumers, kids, lesser and/or more honest businesses, culture, products, and so on all the way to the Windows and macOS system UIs.

lobf 8 hours ago | parent | next [-]

I work in ads... :-/

coldtea 7 hours ago | parent | next [-]

I think HGttG had a good solution for that involving a large spaceship.

lobf 5 hours ago | parent [-]

I mean really I work in filmmaking. Ads just fund most of my business.

forgetfreeman 8 hours ago | parent | prev | next [-]

Work in something else. I make significantly more doing poison ivy removal than I ever did or was ever going to working in tech.

rogerrogerr 7 hours ago | parent [-]

Are you willing to share rough numbers? Totally understand if not, just curious. Been thinking about something like this to get away from the AI force-feeding.

gchamonlive 8 hours ago | parent | prev [-]

What do you do? Honest question

lobf 5 hours ago | parent [-]

I work on the production end. I’m a producer and production manager for live-action ads.

johnnyanmac 5 hours ago | parent | prev | next [-]

We're on a startup entrepreneur site. I'm not surprised it's seen as the lifeblood of the industry here. It sort of is.

At the same time, this has the same energy of "if we release all the files, the system will collapse". Maybe we need the billionaires to feel some pain sometimes (even if yes, we'll feel more overall).

BurningFrog 7 hours ago | parent | prev [-]

Freedom of speech is a basic human right.

Ads are speech.

coldtea 7 hours ago | parent | next [-]

>Ads are speech.

No, they are not.

People have been brainwashed and legal systems have been paid and bought for to consider them as such, just like corporations have been whitewashed to be treated as "persons".

In any case, we regulate all other kinds of speech as well: explicit content, libel, classified information, cigarette ads, and so on.

tcfhgj 7 hours ago | parent | prev | next [-]

Ads aren't free speech, they are the absence of it, because you are paid for a preselected speech.

mr_00ff00 7 hours ago | parent | prev | next [-]

We already ban tobacco ads on tv (in the us) is their freedom of speech violated?

I don’t think you need to count companies being able to put any message out there as free speech.

yxhuvud 4 hours ago | parent | prev | next [-]

No. Ads are paying money to get a platform for that speech. Having a platform is in no way a basic right.

Analemma_ 6 hours ago | parent | prev | next [-]

That’s not even true in the United States (they’re ‘commercial speech’, which carries a still significant but lesser set of protections), never mind in Europe.

Matticus_Rex 6 hours ago | parent [-]

Commercial speech rights are still part of the "free speech" bundle of 1A protections.

jbxntuehineoh 6 hours ago | parent | prev [-]

> mmmmm yes thank you daddy may I have some more?

johnnyanmac 5 hours ago | parent [-]

If he's from the US, he's technically correct. That's the high level argument of Citizens United.

Granted, that's proven to be a horrible concept. So let's repeal that.

forgetfreeman 8 hours ago | parent | prev [-]

Tell that to the tobacco industry yeah?

gchamonlive 8 hours ago | parent [-]

Yeah hospitals cost money

ulrikrasmussen 4 hours ago | parent | prev | next [-]

There should be no viable alternative to the free-because-your-attention-is-the-product business model because that is the core problem

goosejuice 7 hours ago | parent | prev | next [-]

Paying for content works just fine

Hikikomori 8 hours ago | parent | prev | next [-]

Sounds good to me.

kerkeslager 2 hours ago | parent | prev | next [-]

It's called paying for goods and services. You know, basic capitalism.

I think one thing to understand about advertising is that it fundamentally breaks the way capitalists say capitalism works. If you really want capitalism to be about competition to create the best quality at the lowest cost, then you can't have advertising. Advertising inherently drives up cost because it costs, and it allows lower-quality, higher-ost products to outcompete higher-quality, lower-cost products if they are better advertised.

And before some advertiser comes along and says, "But how will we find out about goods and services!?" Search engines. Independent reviewers. Word out mouth. Experts. These are solved problems.

And more to the point, advertising is literally the worst way to find out about goods and services. Mostly, advertising is simply lies, and when it's telling the truth it's not telling you the whole truth. If you're concerned about people being able to find out about goods and services with any accuracy, then you should be against advertising. Ads aren't information, they're misinformation which prevents consumers from making accurately informed decisions.

recursive 9 hours ago | parent | prev [-]

Why? Serious question. The internet was a mistake.

gchamonlive 8 hours ago | parent [-]

How can your question be serious if you already decided the internet was a mistake? I don't think it was. Far from it.

SecretDreams 5 hours ago | parent | next [-]

Good things get tainted over time. The internet was a good thing. Today, not so much. It's probably a net negative for most youth in terms of cognitive development. Aka a drag on the future of humanity.

Maybe it could be good again, but not on the path it's on.

forgetfreeman 8 hours ago | parent | prev [-]

What part of an endless sea of SEO spam, AI slop, malware, polarized astroturf, and addictive-by-design walled gardens strikes you as the win? Seriously, where is the win?

gchamonlive 8 hours ago | parent | next [-]

But the internet is so much more than that, isn't it?

recursive 7 hours ago | parent | next [-]

It used to be.

forgetfreeman 6 hours ago | parent | prev [-]

It really isn't. It was so much more than that but a couple decades of "innovation" and here we are.

lcnPylGDnU4H9OF 7 hours ago | parent | prev [-]

Honestly, some of the shit with ClawdBot^W MoltBot^W OpenClaw and molt.church and molt.book has been some quality entertainment, enabled largely by the Internet. And it's AI slop but that only seems to matter when one of them gets miffed about its PR being rejected and posts an unhinged blog post about the maintainer who rejected said PR. And in a "comedy equals tragedy plus time" way, it's pretty easy to laugh at that, too.

forgetfreeman 6 hours ago | parent [-]

You know there's individuals who will unironically defend any dark pattern one cares to point to so your take here is pretty unsurprising. I feel like this is getting excited over finding a kernel of undigested corn in a random turd.

fooker 6 hours ago | parent | prev | next [-]

What counts as an advertisement? What about a testimonial?

If you try to regulate this, everything will be an ad in disguise.

In my opinion, that's the direction we are heading towards with AI anyway.

I'm surprised we haven't seen an instance of 'pay to increase bias towards my product in training' yet.

phire 6 hours ago | parent | next [-]

I think you can get most of the benefit by just banning targeted advertising.

Require that every user must be shown the exact same ads (probabilistically). Don't allow any kind of interest or demographic based targeting for paid content.

Advertisers would still be able to place Ads on pages they know there target audience goes, but wouldn't be able to make those same Ads follow that target audience around the internet.

raw_anon_1111 4 hours ago | parent | next [-]

Yes, a user in GA should be shown an ad for a car dealership in Hawaii…

HWR_14 4 hours ago | parent [-]

Geofenced ads are not the same as targeted ads.

raw_anon_1111 4 hours ago | parent [-]

Okay what if I am in Florida and Facebook sees that all of my posts are in Spanish, should it not be allowed to target me with Spanish speaking ads?

arter45 20 minutes ago | parent | next [-]

If the ads content depends on a social media company seeing your posts and analyzing them, it’s probably fair to say it’s targeted advertising.

Browsers typically send Accept-Language headers so you could easily return ads in languages matching that header, without having to analyze your posts.

It’s like switching on to a Spanish TV channel and getting Spanish speaking ads. It’s not targeted because you are signalling you probably understand Spanish.

dahart 3 hours ago | parent | prev [-]

Correct. The proposal is to not be able to use your posts to determine which ads to show. But showing you ads in Spanish because you’re in southern Florida or Puerto Rico would be acceptable.

phire 3 hours ago | parent | next [-]

Such a law will probably allow targeting based on the browser's language (browsers already send a "Accept-Language" field, doxing you with every single http request), or whatever language you have configured a website/app interface to be shown in.

But not guess a language based on the content of posts.

raw_anon_1111 3 hours ago | parent | prev [-]

But I don’t speak Spanish and I’m in Florida…

terminalshort 3 hours ago | parent | prev | next [-]

How will they know where their target audience goes if there is no tracking?

kaibee 3 hours ago | parent [-]

Use 0.01% of brain power? How is it that Fox News always has the buy/sell gold ads? Hyper-segmenting society into advertising bubbles is about the same as if you hyper-segmented your body into cell clumps. You need unintentional cross-pollination, otherwise there is no more society.

fooker 6 hours ago | parent | prev [-]

Good policy in my opinion.

NeutralCrane 4 hours ago | parent | prev | next [-]

Paying someone for promoting your product or message. I don’t think it’s all that complicated. Talking about your own product on the internet is fine. Paying to promote your message wouldn’t be. TikTok and Reddit and Instagram aren’t trying to keep people endlessly scrolling because they are free-speech fanatics. It entirely comes down to “more time in app = more revenue”. Take away that monetization method and you take away the single incentive that has driven virtually every dark pattern that has developed in social media in the last two decades.

terminalshort 3 hours ago | parent [-]

Subscription based services have exactly the same incentive to increase engagement.

AmbroseBierce 6 hours ago | parent | prev | next [-]

What counts as pornography? What counts as art? What counts as music? Please, yeah we know, we absolutely know categorization is hard, doesn't mean there is no benefit in having them and shaping them as we go.

fooker 6 hours ago | parent [-]

You'll see that none of these things are banned unilaterally.

Interestingly, there are autocratic governments who do try to ban vague things. The goal there is selective enforcement, not good public policy.

intended 6 hours ago | parent | prev [-]

Going too far - laws state that if you were paid for a testimonial by a firm, or if the firm provided the service or product you disclose / it counts as paid endorsements /

You don’t need to go too far down the rabbit hole. You need to introduce friction to ads.

Subscription revenues are tiny when compared ad revenue, so I expect people will resist this idea ferociously.

nine_k 5 hours ago | parent | prev | next [-]

I think this would have an opposite effect. An addicted customer is a customer willing to pay. Think about gambling or tobacco. BTW OnlyFans somehow lives off subscriptions.

OTOH I gladly pay for YouTube Premium.

LaundroMat 3 hours ago | parent [-]

Because you want to support the platform or because you don't want to see ads?

virgildotcodes 2 hours ago | parent | prev | next [-]

I’ll probably be crucified for this but I think the free w/advertising model is not fundamentally evil, and gives poor people access to lots of shit that they otherwise wouldn’t have, keeps the rest of us from death by 1,000 monthly subscriptions.

AlecSchueler 2 hours ago | parent | next [-]

> gives poor people access to lots of shit that they otherwise wouldn’t have

Addiction is a precursor to poverty. If we accept the domino theory of "online advertising -> addictive design" then the fundamental evil becomes clear. Holding people in poverty in order to profit from their time and attention.

mschild 2 hours ago | parent [-]

But the most valuable ad targets are people with money unless my product specifically targets low-income individuals (pay day lenders, etc).

AlecSchueler an hour ago | parent [-]

I think that's debatable, there's arguments like quantity over quality to be made, but I also think it's somewhat beside the point of "ad supported services are a favour to the poor."

mschild 2 hours ago | parent | prev | next [-]

I agree. I think the main problem is personalized advertisement that incentivizes companies to record as much data as possible. I'd prefer if they worked like they do in print magazines. Every reader sees the same.

Lets say I'm reading a laptop review. Show me adds from the laptop manufacturer or of websites that sell said laptop. People reading the review are likely in the market for a laptop so it makes sense to show it. At most you could probably narrow it down to the country so a German doesn't get shown a Best Buy ad but thats as far as I would go.

thfuran an hour ago | parent | prev [-]

>I think the free w/advertising model is not fundamentally evil

I think it's fundamentally anti-competitive.

matthewsinclair 7 hours ago | parent | prev | next [-]

I agree [0]. Well, taxed rather than banned. But we’re in the same postcode.

[0]: https://matthewsinclair.com/blog/0177-what-if-we-taxed-adver...

mrtksn 8 hours ago | parent | prev | next [-]

Then X will become the only social media as Musk can keep it free unlike any competition and use it to push politics he likes or finds it beneficial for his other companies. In fact, according to reports X is already not making much ad money so it’s already there.

tcfhgj 7 hours ago | parent [-]

There's already free ad-free social media, see countless services in the fediverse

mrtksn 6 hours ago | parent [-]

Who pays for the costs of those and why?

foxygen 5 hours ago | parent [-]

There are many Mastodon servers run by ordinary people simply because they want to. And before the shit-show the internet has become, there were many forums and IRC channels, absolutely free, and with 0 ads.

mrtksn 5 hours ago | parent [-]

Very low traction on these. Let me know when there’s something that people actually use in tens or hundreds of millions and random people are just providing the infrastructure out of pocket and spending all their time on this without expectation.

NeutralCrane 4 hours ago | parent | next [-]

Maybe low traction is a good thing. We don’t need social media to be an all consuming addictive mega platform.

mrtksn 3 hours ago | parent [-]

I could have agreed if the high traction ones that do all the bad things didn’t exist.

kaibee 3 hours ago | parent [-]

We've come full circle to banning advertising. It seems like we have good reason to believe that people will create the infrastructure for the communities that they _want_ to exist and fund them. So just banning advertising will probably be fine. Worst case scenario, we gradually loosen the ban. The advertising hellscape will grow back immediately, nothing of value will be lost.

foxygen 5 hours ago | parent | prev [-]

Moving the goalposts much? Of course there aren't any free services serving millions currently, how could they, when Facebook/X spends millions to make sure everyone stays on their platform? Which non tech savvy would want to move to a platform without all their friends? That's the gotcha with social networks, once you grow big enough, it is really hard for people to move off of it.

Still, funny how you ignored IRCs/forums that I mentioned. Those were used by MANY people, and could scale infinitely. You are literally arguing against something that has already happened.

andsoitis 4 hours ago | parent | next [-]

> Still, funny how you ignored IRCs/forums that I mentioned. Those were used by MANY people, and could scale infinitely.

At its peak (late 1990s to early 2000s), IRC was estimated to have about 3–4 million concurrent users worldwide at any given moment, with tens of millions of total users over time.

Pales in comparison with the scale that’s needed today, given the number of people, variety of media, and bandwidth required.

kaibee 3 hours ago | parent [-]

Storage/compute/etc were orders of magnitude more expensive at the time, so the fact that it was 3-4 million is uh, pretty impressive? You could host a Matrix server for your 1,000 closest friends for basically no money.

mrtksn 3 hours ago | parent | prev [-]

No I am not moving the goalposts, the alternative shouldn’t just exist it should actually do the job and by doing the job, I don’t mean that if people made the effort to use it, it can do the job. I mean people should be using it. Also, no people are not stupid and its not their fault for not using it.

Aloha 3 hours ago | parent | prev | next [-]

I have said for years - Micropayents, something like the traffic settlement system for termination charges in the NANPA PSTN, and when I say micropayments I mean 1000ths of a cent. Then the content that does cost money (news, social media, whatever can be monetized and the users are paying for consumption.

2 hours ago | parent [-]
[deleted]
phyzix5761 5 hours ago | parent | prev | next [-]

If these companies fail because their quality isn't good enough to support paid subscribers isn't that effectively the same thing as people choosing to not use their platform?

Those of us who dislike these practices already have a choice. We can simply not use the service. So why remove that choice from others who don't mind ads and are willing to use the free version?

Also, forcing a paid only model raises the barrier to entry. Most of the world lives on less than $10 a day, so a subscription would effectively limit access to relatively wealthy people by global standards.

allan_s 7 hours ago | parent | prev | next [-]

Thats too vague and drastic, every "show HN" is an ads, for notoriety at least. I would prefer we draw the line at "content pushed by a third party against payment must be displaid only with regard to where it is displaid and must not use information about to whom it is displaid" .

I.e displaying an ads about Sentry on a ads technica page, find . Displaying an ads about hiking equipment on ars techbica because i made a google search abd it is estimated I like that -> not fine. It would kill all the incentive to overtrack the ROI will no more justify the cost.

NeutralCrane 5 hours ago | parent | next [-]

Show HN isn’t advertising in the sense they are addressing: paying a website for space to promote something. There’s no payment taking place with Show HN. If no payment can be made, websites have to find another revenue model besides advertising, and don’t have an incentive to keep users addicted and endlessly consuming.

SecretDreams 5 hours ago | parent | prev [-]

Nah, advertisement in general. Just make the internet a paid sub. We don't need influencers or snake oil ads. And without ads and influencers, there is no reason for meta to try to keep people infinitely stuck to their phones. They can get their cut just from a paid sub.

ashdksnndck 5 hours ago | parent | next [-]

Netflix (even before they introduced ads) optimized for watch time. Higher watch time = higher retention for subscriptions (even when prices go up).

jama211 2 hours ago | parent | prev [-]

Are we wishcasting here or suggesting realistic policy?

thesmtsolver2 10 hours ago | parent | prev | next [-]

How will you ban that without infringing on free speech. That is a thing in the US and a lot of countries outside the EU.

Funes- 9 hours ago | parent | next [-]

"Commercial speech" being protected by free speech laws anywhere is abhorrent. The advertising industry, in and of itself, seems abhorrent to me. It's one of the worst things humans have come up with, ever.

nickff 9 hours ago | parent | next [-]

Could one not categorize material published in a book, magazine, or on television as 'commercial speech', liable to restrictive licensing and censorship? This seems like a slippery slope which the USA is on the correct side of.

coldtea 8 hours ago | parent [-]

Commercial speech is not the same as advertising.

The product is the same as the speech, whereas in advertising the speech is in sycophantic service of another product.

nickff 8 hours ago | parent [-]

I agree that commercial speech is not the same as advertising, but the comment I replied to was talking about restricting commercial speech, not advertising.

phyzix5761 5 hours ago | parent | prev | next [-]

99.9% of businesses in the US are considered small businesses. If we look at all the businesses in the world small businesses make up an even larger percentage. In most parts of the world these are people with 0-5 employees; meaning they're just families and individuals trying to make ends meet.

If you remove the ability for these people to advertise there goes their livelihood. I understand the desire to want to punish big evil corporations but all this will do is strengthen them because they're the ones who have enough capital to survive something like this and scoop up the marketshare left behind by the millions of small businesses that will fail when this is implemented.

NeutralCrane 4 hours ago | parent [-]

99.9% of small businesses do little to no advertising. I can’t recall seeing an ad for a single one of the small businesses I am a customer of. 99.9% of ads I get are for megacorporations and national brands.

phyzix5761 31 minutes ago | parent [-]

I know people who do moderation for the advertising side of social platforms and they say that more than half of the advertising submissions are done by small businesses. They said that the estimate is around 90% of small businesses use internet advertising in some capacity. There's a bidding mechanism, though, so more big business ads may be shown; especially if you live in a populated region. But that's just a numbers game.

AnthonyMouse 9 hours ago | parent | prev | next [-]

I'm kind of curious how people think a new business should make its existence known to prospective customers.

coldtea 8 hours ago | parent | next [-]

It's 2026.

We can have word of mouth, genuine, in forums and social media.

We can have reviews, genuine, in websites.

We can have websites which present new products and business, not as paid sponsorships.

We can search on our own initiative and go to their website.

We can have online catalogs.

And tons of other ways.

tomnipotent 8 hours ago | parent [-]

And not a single one of these is tenable, even when combined. How do the people that post reviews, or spread something over word-of-mouth, discover the thing in the first place? Try your hand at starting a business and trying to sell goods or services using these methods and see how well it works.

tforcram 7 hours ago | parent | next [-]

Tenable for what, global business? Many local businesses do fine without advertising and/or using these methods.

Making global business harder and forcing things more local actually sounds like a great benefit.

coldtea 7 hours ago | parent [-]

I'm all for that as well.

We could use less 1T companies and more a few billion or 100s of millions level companies too. I miss the "focused on Mac and iPod" era Apple.

Matticus_Rex 6 hours ago | parent [-]

Banning advertising would have the opposite effect; entrenched players would have a massive moat. The biggest gains from advertising by far accrue to newer entrants, not the big companies.

coldtea 7 hours ago | parent | prev [-]

>How do the people that post reviews, or spread something over word-of-mouth, discover the thing in the first place?

The follow industry conventions, visit registries of industry websites, have professional lists where companies submit their announcements (and not to the general public) and so on.

>Try your hand at starting a business and trying to sell goods or services using these methods and see how well it works.

If advertising is banned, it will work just as good as for any competitor.

mrob 9 hours ago | parent | prev | next [-]

Searchable catalogues of products with prices and features listed.

AnthonyMouse 9 hours ago | parent [-]

That assumes the customer is aware that the product exists.

mrob 9 hours ago | parent | next [-]

It only assumes they are aware that the category of products exists, and ordinary word-of-mouth communication is sufficient to propagate that knowledge.

AnthonyMouse 8 hours ago | parent [-]

How does word-of-mouth communication propagate knowledge that is currently in the possession of zero existing customers? Or operate for products that people have little reason to discuss with other people?

Suppose you sell insulation and replacing the insulation in an existing house could save $2 in heating and cooling for each $1 the insulation costs. Most people know that insulation exists, but what causes them to realize that they should be in the market for it when they "already have it"?

mrob 8 hours ago | parent | next [-]

People don't need to discuss specific products, they only need to be aware of the existence of product categories. If it's genuinely the case that whole product categories are unknown to many people who could realistically benefit from them, as determined by a disinterested third party, an exception could be made for advertising that does not mention specific products or brands.

The insulation example can be solved by publication of data on average heating costs. When people learn that their neighbors are paying less they will be naturally incentivized to investigate why. Equivalent problems can be solved with the same general technique.

AnthonyMouse 7 hours ago | parent [-]

> If it's genuinely the case that whole product categories are unknown to many people who could realistically benefit from them, as determined by a disinterested third party, an exception could be made for advertising that does not mention specific products or brands.

Now all of the "brought to you by America's <industry group>" ads are back in. So is every pharma ad and every other patented product because they don't have to tell you a brand when there is only one producer.

> The insulation example can be solved by publication of data on average heating costs.

Publication where? In the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying "Beware of the Leopard"? Also, who decides to publish it, decides what it will say or pays the costs of writing and distributing it?

mrob 7 hours ago | parent [-]

An industry group is not a disinterested party. Minimum competition requirements can be imposed. As I said elsewhere in the thread, a solution being imperfect is not a good reason to leave the problem unaddressed.

AnthonyMouse 6 hours ago | parent [-]

> An industry group is not a disinterested party.

No, but they can convince a disinterested party that people aren't aware of <fact about industry that industry wants people to know> because that's actually true.

> Minimum competition requirements can be imposed.

But that brings back the original problem. Company invents new patented invention, how does anybody find out about it?

> a solution being imperfect is not a good reason to leave the problem unaddressed.

This is the legislator's fallacy. Something must be done, this is something, therefore we must do this.

If a proposal is full of problems and holes, the alternative isn't necessarily to do nothing, but rather to find a different approach to the problem.

Proposals that are full of holes are often worse than nothing, because the costs are evaluated in comparison to the ostensible benefit, but then in practice you get only a fraction of the benefit because of the holes. And then people say "well a little is better than nothing" while not accounting for the fact that weighing all of the costs against only a fraction of the benefit has left you underwater.

mrob 5 hours ago | parent [-]

Advertising causes great harm. Banning advertising, or better yet, making it economically nonviable without restricting freedom of speech, solves this problem. As already pointed out by several other posts in this thread, the purported benefits of advertising are already available through non-harmful means.

But I acknowledge that there may be edge cases. My point is that the existence of edge cases does not mean we should permit the harm to continue. Those specific edge cases can be identified and patched. My suggestion is a hypothetical example of a potential such patch, one that might possibly be a net benefit. Maybe it would actually be a net harm, and the restriction should be absolute. The specifics don't matter, it's merely an example to illustrate how edge cases might be patched.

Your objections to this hypothetical example are nit-picking the edge cases of an edge case. They're so insignificant in comparison to the potential harm reduction of preventing advertising that they can be safely ignored.

AnthonyMouse 5 hours ago | parent [-]

No, the problem is that the "edge cases" will swallow the rule if you make an exception for every instance where advertising is actually serving a purpose, but if you don't make those exceptions then you would have created so many new problems or require so many patches that each carry its own overhead and opportunity for cheating or corruption that the costs would vastly exceed the benefits.

> The specifics don't matter, it's merely an example to illustrate how edge cases might be patched.

Only it turned out to be an example to illustrate how patching the edge cases might be a quagmire.

coldtea 8 hours ago | parent | prev [-]

>Suppose you sell insulation and replacing the insulation in an existing house could save $2 in heating and cooling for each $1 the insulation costs. Most people know that insulation exists, but what causes them to realize that they should be in the market for it when they "already have it"?

The same legit things that can cause them to realize it today. Word of mouth, a product review, a personal search that landed them on a new company website, a curated catalog (as long as those things are not selling their placements).

An ad is the worse thing to find such things out - the huge majority ranges from misleading to criminally misleading to bullshit.

bdangubic 7 hours ago | parent | prev [-]

how did business do before the internet?! assuming people bought things before we had the internet?

BurningFrog 7 hours ago | parent | prev [-]

They don't think of that. At all.

Many don't think businesses should exist in the first place.

BurningFrog 7 hours ago | parent | prev [-]

You make your feelings clear, but don't give any arguments for it.

That won't convince anyone.

Xelbair 9 hours ago | parent | prev | next [-]

True, you can't separate ads vs sponsored content quite easily.

but you can help this by banning all forms of active tracking.

Static ads only, no click tracking, and complete ban on profiling clients and especially on adjusting prices based on client/possible client behavior patterns.

MBCook 8 hours ago | parent [-]

Magazines made it work for decades.

Websites can too.

If you know the kind of articles your readers like, you can find ads that your readers will like.

andwur 6 hours ago | parent [-]

It's amusing that after all this time and (hundreds of?) billions of dollars invested in adtech I still find the adverts in old magazines far more relevant and compelling than any of the "personalised" adverts of today. The industry as a whole has missed the forest for the trees by over-fitting their systems; I might be interested in the broader category, or a tangentially related one, but at no point do I want to see the exact same product I was looking at a day ago on every ad. I didn't buy it then for a reason, so I'm not buying it now.

Pervasive surveillance to make a system that's practically worse than the alternative that doesn't require mass surveillance, and is much simpler and cheaper. Did I say amusing before? Depressing is probably a better fit.

skissane 9 hours ago | parent | prev | next [-]

Free speech is a thing in the EU too.

To become a member of the EU, you have to first join the Council of Europe and its European Convention on Human Rights – article 10 of which guarantees the right to free expression. The EU also has its own Charter of Fundamental Rights which says the same thing. And the plan is for the EU to become a party to the Convention in its own right, although that's got bogged down in technical legal disputes and still hasn't happened, despite the 2009 Lisbon Treaty mandating it.

The US First Amendment has no exceptions as worded, but the US Supreme Court has read some into it. The Convention has exceptions listed in the text, although they are vaguely defined – but like the US, the European Court of Human Rights has developed extensive case law on the scope of those exceptions.

The big difference in practice is the US exceptions end up being significantly more narrow than those in Europe. However, given in both, the details of the exceptions are in case law – courts can and do change their mind, so this difference could potentially change (either by narrowing or broadening) in the decades to come.

nickff 8 hours ago | parent | next [-]

https://www.equalityhumanrights.com/human-rights/human-right...

> "Article 10 of the Human Rights Act: Freedom of expression

1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary."

Seems to be about as strong as the Soviet Constitution's protections: https://www.departments.bucknell.edu/russian/const/77cons02....

skissane 8 hours ago | parent [-]

> Seems to be about as strong as the Soviet Constitution's protections:

In the 2015 case Perinçek v. Switzerland, the European Court of Human Rights applied Article 10 to find against a Swiss law making it a crime to deny the Armenian genocide. Can you imagine a Soviet court ever striking down a genocide denial law?

The decision is controversial because it introduces a double standard into the Court's case law – it had previously upheld laws criminalising Holocaust denial, now it sought to distinguish the Holocaust from the Armenian genocide in a way many find arbitrary and distasteful – the consistent thing would be to either allow denying both or disallow denying both.

But still, it just shows how mistaken your Soviet comparison is.

nickff 7 hours ago | parent [-]

I can definitely imagine the Soviet Union making arbitrary rules about which genocides were recognized and ‘protected’, and which were not.

skissane 6 hours ago | parent [-]

But can you imagine a Soviet court declaring a law to be in violation of human rights?

nickff 5 hours ago | parent [-]

Yes, much like the EU, they would regularly over-ride the ‘opinions’ of their subordinate states.

skissane 4 hours ago | parent [-]

The central party and state organs in Moscow would sometimes overrule decisions by the governments of the SSRs and other subordinate entities. But they didn't do this by having the Supreme Court of the Soviet Union declare laws unconstitutional. They did it by administrative fiat.

nxm 7 hours ago | parent | prev [-]

“Free speech” and yet people are arrested for mean memes

Jensson 6 hours ago | parent [-]

Thats UK after they left EU.

terminalshort 3 hours ago | parent [-]

The European Court of Human Rights has upheld a conviction on the charge of blasphemy for calling Mohammed a pedophile: https://globalfreedomofexpression.columbia.edu/cases/e-s-v-a...

coldtea 8 hours ago | parent | prev | next [-]

Easy: free speech was never meant for and fought for advertising. Any judicial body who says otherwise is bullshiting people.

Conflating advertising with free speech is like conflating sex work with reproductive rights.

terminalshort 3 hours ago | parent [-]

A restriction on prostitution is absolutely a restriction on reproductive rights, but there is no such right in the constitution.

admadguy 10 hours ago | parent | prev | next [-]

Outside of US free speech isn't the carte blanche it is stateside. There are guardrails, there are limitations pretty much everywhere else. Even in the US This militant application is fairly recent, post 1980s.

layer8 9 hours ago | parent | prev | next [-]

It would be worth a try to outlaw compensation for advertising. The spirit of free speech is usually that you aren’t being paid for it.

AnthonyMouse 9 hours ago | parent | next [-]

Suppose a company wants to write some product documentation so customers and prospective customers know what features their product has and how to use them. They hire someone to write the documentation and then someone else to distribute it. Is there a good way to distinguish this from advertising?

The most plausible way would be if the one you're paying to distribute it has some kind of exclusive control or market power over the distribution channel so that you're paying them a premium over competing distributors. But then wouldn't the best way to prevent them from extracting that premium to be to make it so nobody has exclusive control over distribution channels, e.g. by breaking up concentrated markets or requiring federated protocols?

coldtea 8 hours ago | parent | next [-]

>Suppose a company wants to write some product documentation so customers and prospective customers know what features their product has and how to use them. They hire someone to write the documentation and then someone else to distribute it. Is there a good way to distinguish this from advertising?

Yes. You self host it as a company, and it can only be reproduced (if they wish) in outlets (say review sites) when there's no payment or compensation of any kind involved for that.

AnthonyMouse 8 hours ago | parent [-]

It's a corporation though. It can't do anything without paying someone to do it, unless someone volunteers to do it for free, which isn't very likely. And how do you self-host distribution? You would have to run your own fiber to every customer's house or spin up your own postal service or you're paying someone to do that.

coldtea 7 hours ago | parent [-]

>And how do you self-host distribution?

You have your own website and your copy on it. Don't start that "but if you pay some hosting provider to host that website that would be advertising", or the

"And how do you self-host distribution? You would have to run your own fiber to every customer's house or spin up your own postal service or you're paying someone to do that."

that borders on being obtuse on purpose.

AnthonyMouse 7 hours ago | parent [-]

If you pay some hosting provider then you're obviously paying someone, and now you have the caravan of trucks going through the loophole because Facebook et al get into the hosting business and then their "spam filter" trusts the things on their own hosting service so using it becomes the way to get seen.

coldtea 7 hours ago | parent [-]

>If you pay some hosting provider then you're obviously paying someone

Yes. You're still allowed to pay someone - for YOUR OWN corporate website. Still your copy is not on my fucking social media, news websites, forums, tv programming, and so on.

>and now you have the caravan of trucks going through the loophole because Facebook et al get into the hosting business and then their "spam filter" trusts the things on their own hosting service so using it becomes the way to get seen.

They can go into the hosting business all they want. If they show what they host (i.e. ads) on my social media feed, or links to it there, they're breaking the law. What they host should only be accessible when somebody consciously navigates to it in some hierarchical scheme or directly enters the address/handle.

AnthonyMouse 6 hours ago | parent [-]

> If they show what they host (i.e. ads) on my social media feed, or links to it there, they're breaking the law.

They're already hosting everything in your feed, and if there were actually no ads then everyone on the site would be paying them to do it, at which point what do you expect to be in your feed?

6 hours ago | parent [-]
[deleted]
jason_oster 6 hours ago | parent | prev | next [-]

Advertising is a monetary transaction between an advertiser and a publisher. The customer (or product) is not involved in the transaction; it is their attention that is being bought and sold.

That's a different model than paying a technical writer to do technical writing.

AnthonyMouse 6 hours ago | parent [-]

You're contrasting authorship with distribution. The advertising equivalent to paying a technical writer is paying an ad agency to create the ad. The customer isn't a party to that transaction either.

But now how are you distributing either of them?

jason_oster 5 hours ago | parent [-]

I am not making such an error. Paying a technical writer for labor is not the same as paying a publisher for conversions. The scenario you posed was "hire someone to write the documentation and then someone else to distribute it." Those are two parties, each of which is paid independently for services rendered. The customer is not selling their attention, here. The customer is (presumably) purchasing a product and is reading the documentation to understand how to operate it.

Advertising is not distribution. Publishing is distribution, and advertising sometimes comes along for the ride.

AnthonyMouse 4 hours ago | parent [-]

The proposal was to "outlaw compensation for advertising". That would presumably include paying people to create ads and not just to publish them, hence the first example. What you're arguing is that the first example is different from the second one, but they were intended to be, because they map to two different parts of the process.

> The customer is (presumably) purchasing a product and is reading the documentation to understand how to operate it.

Product documentation is also available to prospective customers so they can review it to decide whether they want to purchase the product.

And then the question is, how do they get it? There are many ways to distribute. They could pay to print it out on paper and put it in the lobby in their corporate offices, but then customers would have to come to their corporate headquarters to get it, which most won't do, so obviously some methods of distribution have a higher likelihood of being seen. Then companies will prefer the ones that allow them to be seen more.

But they're paying someone for any of them, so "is paying for it" isn't a useful way to distinguish them.

And then we're back to, suppose you pay Facebook to host your documents on your company's Facebook page. Furthermore suppose that they, like most hosting companies, charge you more money if you get more traffic. Meanwhile their "hosting customers" on the "free tier" (i.e. ordinary Facebook users) have a very small quota which is really only enough for their posts to be seen by their own friends. So paying them for distribution -- like paying for any other form of distribution -- causes your documents to have better visibility. Now you can show up in the feed of more people before you run out of quota, just like paying more for hosting means more people could visit your website before you exceed your transfer allowance.

How do you tell if someone is paying for computing resources or eyeballs when the same company provides both? Notice that "don't let them do both" is a bit of a problem if you also don't let them sell advertising, because if they can't sell ads or charge for using the service then what are they doing for revenue?

jason_oster 4 hours ago | parent [-]

Indeed, advertisers would layoff or displace their marketing teams, as the role would have no value to the company if advertising was outlawed (meanwhile, technical writers would be just fine). I'm not disputing that. I'm disputing the framing you put forth that equates advertising with technical writing.

> Product documentation is also available to prospective customers so they can review it to decide whether they want to purchase the product.

I agree with this statement, but it is irrelevant. The primary purpose of documentation is what I said: for understanding how to operate the product. The only purpose of advertising is to make a sale. Advertising has no secondary purpose. These are not the same thing.

The test is quite simple: Is the sole purpose of the payment to make a sale? If so, it is advertising.

We don't really need to discuss documents any longer. Documentation is not an advertisement.

layer8 8 hours ago | parent | prev [-]

There are legal definitions of advertising, I’m sure the courts will be able to figure it out.

AnthonyMouse 8 hours ago | parent [-]

The "legal definition of advertising" is the thing you have to write into the law you want to enact. If you can't answer the question as the proponent of the proposal then how is a judge expected to do it?

coldtea 8 hours ago | parent | next [-]

What the parent is getting at is it's not a mystery, such definitions already exist in all kinds of jurisdictions.

In any case it's trivial to come up with such a definition that covers most cases. Doesn't matter if it doesn't cover some gray areas or 100% of it. Laws can be supplemented and ammended.

We don't have an all-encompassing definition of porn either, but we have legal definitions, and we have legal frameworks regarding it.

AnthonyMouse 8 hours ago | parent [-]

> Doesn't matter if it doesn't cover some gray areas or 100% of it.

That's exactly the thing that matters when you're dealing with something where every loophole is going to have a caravan of trucks driving through it.

> We don't have an all-encompassing definition of porn either, but we have legal definitions, and we have legal frameworks regarding it.

You're picking the thing which is a hopeless disaster as your exemplar?

coldtea 7 hours ago | parent [-]

>That's exactly the thing that matters when you're dealing with something where every loophole is going to have a caravan of trucks driving through it.

Everything with profit "is going to have a caravan of trucks driving through it". He have laws anyway for those things, and for the most part, they're effective. I'd take a relative improvement even if it's not 100% over free reign.

>You're picking the thing which is a hopeless disaster as your exemplar?

I don't consider it a "hopeless disaster" (except in it's effects on society). As a business it's regulated, and for the most part, stays and follows within those regulations. The existence of dark illegal versions of it, or exploitation in the industry, doesn't negate this.

AnthonyMouse 6 hours ago | parent [-]

> Everything with profit "is going to have a caravan of trucks driving through it". He have laws anyway for those things, and for the most part, they're effective.

For the most part they're trash. There is a narrow range of effectiveness where the cost of compliance is low and thereby can be exceeded by the expected cost of reasonable penalties imposed at something significantly less than 100% effective enforcement, e.g. essentially all gas stations stopped selling leaded gasoline because unleaded gasoline isn't that much more expensive.

The cost of complying with a ban on advertising is high, so the amount of effort that will be put into bypassing it will be high, which is the situation where that doesn't work.

> As a business it's regulated, and for the most part, stays and follows within those regulations.

It essentially bifurcated content creation and distribution into "this is 100% porn" and "this company will not produce or carry anything that would cause it to have to comply with those rules" which inhibits quality for anything that has to go in the "porn" box and pressures anything in the "not porn" box to be sufficiently nerfed that they don't have to hire more lawyers.

The combination of "most human communication now happens via social media" and "expressing your own sexuality is effectively banned on most major social media platforms" is probably a significant contributor to the fact that people are having less sex now and the fertility rate is continuing to decline. "All the boobs you could ever possibly look at but only on the sites where there is no one you will ever marry" is not a super great way to split up the internet.

The ambiguity in the definition frequently causes people to be harassed or subject to legal risk when doing sex education, anatomy, etc. when they're trying to operate openly with a physical presence in a relevant jurisdiction. Conversely, it's the internet and it's global so every terrible thing you'd want to protect anyone from is all still out there and most of the rules are imposing useless costs for no benefits, or worse, causing things to end up in places where there are no rules, not even the ones that have nothing to do with sex.

It's now being used as an guise to extract ID from everyone for surveillance purposes.

It's a solid example of bad regulations setting fire to the omnishambles.

layer8 5 hours ago | parent | prev [-]

I’m saying that these definitions already exist, and are being appllied by courts. It’s not a novel concept. I’m also not interested in arguing about exact definitions. We all know well enough what an ad is, in particular the kind we don’t want to see when browsing the web. My main point was to illustrate how I don’t consider this to be a free speech issue.

terminalshort 3 hours ago | parent | prev [-]

The spirit of free speech is that I can say whatever I damn well please for any purpose that suits me including that someone paid me to.

mrob 9 hours ago | parent | prev | next [-]

You don't need to ban advertising, you just need to ban paying for advertising. That doesn't harm free speech. When there's no money to be made the problem will sort itself out.

initramfs2 8 hours ago | parent [-]

That's gonna probably just create a bunch of loopholes or hacks like paying with favors instead of cash

mrob 8 hours ago | parent | next [-]

Loopholes can be addressed on a case-by-case basis. A solution being imperfect is not a good reason to leave the problem completely unaddressed.

MBCook 8 hours ago | parent [-]

This by the way is my understanding of why the EU writes laws the way they do.

If they just banned infinite scrolling someone would come up with something equivalent that works slightly differently. Now they need a whole new law. It’s just constant whack-a-mole.

So instead they seem to ban goals. Your thing accomplishes that goal? It’s banned.

It’s a pretty different way than how we seem to do things in the US. But I can see upsides.

coldtea 8 hours ago | parent | prev [-]

That's the same in every domain when there's a profit. Doesn't mean laws and bans don't reduce the related activity dramatically.

WinstonSmith84 9 hours ago | parent | prev | next [-]

I'm not following the relationship - because you'd have to pay, thus it's not "free" speech? It's hard to argue that having to pay a minimal fee (of let's say $1 per month) would be something against free speech. But the payment shall remain anonymous obviously.

Barrin92 9 hours ago | parent | prev | next [-]

>How will you ban that without infringing on free speech

You don't, but the EU doesn't need to care about American ideas of free speech. This is actually in some sense the biggest hurdle to all of this, the psychologically defensive posture that somehow assumes that on European territory this should even be a concern. Also as a sidenote this is even within America a kind of revisionist history, the 20th century had plenty of broadcasting and licensing rules. This unfettered, deregulated commercial environment is even in the US a creature of the last ~40-50 years, and those unchained companies, not unironically, then went on to convince everyone to defend that state of affairs given each opportunity.

whackernews 9 hours ago | parent | prev | next [-]

What are you on about? Who’s speech? The speech of a massive multinational corporation? No thanks. I want the freedom to browse without getting pointless products shoved down my throat.

BrenBarn 9 hours ago | parent | prev [-]

I'd say the first amendment is due for an overhaul anyway for a variety of reasons. (Heck, the whole constitution is.)

initramfs2 8 hours ago | parent | next [-]

You can't say something like that and refuse to elaborate

whackernews 9 hours ago | parent | prev [-]

Which parts specifically?

BrenBarn 7 hours ago | parent [-]

Obvious examples of negative consequences of the first amendment include the profusion of false and misleading advertising, the scourge of political campaign spending, and the disastrous firehouse of misinformation being pushed out in various online forums. The idea that an abstract carte blanche for free speech outweighs those real and present ills is misguided. At the same time, we see that the limitation to only protection from government action enables effective quelling of speech by private actors.

At the core of the first amendment is the idea that people should not be punished for criticizing their government. I think that idea is worth preserving. But the idea that people are free to say anything they choose, in any context, regardless of its factual status, and also that their permission to do so is limited only by the resources they can muster to promulgate their speech, is an unwarranted extension of that concept.

bigstrat2003 6 hours ago | parent [-]

I think you would find that the cure is far, far worse than the disease. We speak of rights, and those are important, but there's also a very important practical reason why we have freedom of speech: because you cannot trust that future government officials will stick to banning speech that is justly banned. Once you open that door, sooner or later someone is going to start abusing the power. How would you like it if the Trump administration was able to (with complete legality) declare that claims Biden fairly won the 2020 election are "misinformation", and punish people who make those claims? Or if you're a Trump guy, how would you like it if the next Democrat administration declared it to be "misinformation" to claim that Trump fairly won the same election, and punish people for it?

The cold hard reality is that no matter how much you trust the people in the government today, eventually they will be replaced by people you consider to be the scum of the earth. And when that day comes, you will curse the day you allowed the government to punish speech, because you'll see speech you consider perfectly justified become illegal.

BrenBarn 2 hours ago | parent [-]

The thing is that that same argument can be used to justify just about anything. If the scum of the earth is in power, they will ignore whatever rights you thought you had put into the constitution anyway. We are seeing that now. And I am already cursing the day that we decided on the restrictions we currently have. The Trump administration is declaring with complete legality that Trump won the 2020 election and is punishing people who believe that. Right now they're not taking the direct route, but it's abundantly clear that government power is being used to punish people who say things that Trump doesn't like.

There is no way of listing rights on paper that can protect you if truly evil people get into power. But there are ways of listing rights on paper that can allow good people who believe in those rights to defend them in ways that involve preventing evil people from getting into power. Free speech is not a magic bullet in either direction.

thfuran 2 hours ago | parent | prev | next [-]

Not just the internet. Ban third-party advertising everywhere.

noosphr 5 hours ago | parent | prev | next [-]

There has never been a mass information medium to survive on subscriptions. This includes everything since news papers in the 18th century.

derektank 5 hours ago | parent | prev | next [-]

You don’t even have to move towards a full ban. Instead, simply tax companies that offer ads in proportion to how long users spend on their site. This will naturally encourage websites to get users in, experience whatever content it is that they’re offering ads against, and then GTFO.

raw_anon_1111 4 hours ago | parent | prev | next [-]

So for the people who couldn’t afford it? Let them eat cake?

Are you going to put up a “Great Firewall of America” to keep non US sites advertising sites from being seen by US citizens? Are you going to stop podcasts from advertising?

dehrmann 7 hours ago | parent | prev | next [-]

Maybe this would be the nudge people need, but there are a handful of well-researched, reputable newspapers out there that you can subscribe to and support quality journalism. For the most part, people don't. They'd rather have entertainment news for free with ads than quality journalism they pay for.

normie3000 7 hours ago | parent | prev | next [-]

How would you ban advertising? Would astroturfing be banned? Would LLM-assisted astroturfing be banned?

Using an ad-blocker gets rid of most visible ads online, but there's still paid content in various forms which may be more effective than straight adverts anyway.

kaycey2022 8 hours ago | parent | prev | next [-]

If you want to ban something, then ban free social media. There has to be a minimum charge like 100$ or something a month (keep it tax free for all I care), to access any social media service with more than a 1000 members.

charcircuit 5 hours ago | parent | next [-]

How does one start a new social media network in that world? Cover the $100 fee, essentially making it free to use? It would kill any competitors from being created, at least until inflation makes $100 worthless.

kuschku 7 hours ago | parent | prev [-]

Microfiction:

Today, on June 1st 2030, I'd like to announce the launch of the fediverse cooperative, the first cooperative social media platform.

We pay out all our membership fees (minus hosting costs) to our entire cooperative.

To use our servers, you'll obviously have to become member of our cooperative, paying $100 a month in membership fees, and earning $99.50 a month in dividends.

qsera 7 hours ago | parent | prev | next [-]

Banning ads is not possible.

But we can build a culture that knows how to avoid ads and the technology to enable it.

foxygen 5 hours ago | parent [-]

Don't you realize that those with money are the ones who have the means to build a culture? How do you propose we compete with Jeffrey Epsteins who have a shit-ton of money to spend on pushing whatever narrative they want to? Just look around and see the "culture" we're in.

alsetmusic 4 hours ago | parent | prev | next [-]

I agree with you. Advertising corrupts companies. It’s also annoying and I hate it.

I don’t know how we’d ban advertising without impinging on free speech laws in the USA, where a lot of huge companies reside.

How would you do it?

xvector 8 hours ago | parent | prev | next [-]

Perfect idea, the internet should only be for rich people. After all, who cares about the 50% of the planet that can barely afford a coffee? Or the millions of small businesses that are only able to survive because of targeted ads? Fuck 'em all, because people can't be trusted to use their own devices properly!

coldtea 8 hours ago | parent | next [-]

Poor people pay more for ads (as part of product price), and suffer more because of ads (from misleading advertising for shit products like junk food and drugs, to having certain out of reach lifestyles based on purchasing crap they don't need hammered on them and getting in debt). They also pay with having a worse media landscape, worse social media, and many more (not to mention the influece big companies with big spending budgets get).

People would also be better of without 90% of the ad-driven internet.

mrob 8 hours ago | parent | prev [-]

Plain text with no tracking is cheaper than coffee.

iamacyborg 10 hours ago | parent | prev | next [-]

They already effectively banned the mechanism behind most online advertising with the GDPR, it’s just been really, really poorly enforced.

biztos 9 hours ago | parent [-]

So much so that one wonders whether that was the point.

Make a lot of noise about privacy, force massive spend in the general direction of the EU, fund a new layer of bureaucracy, and actually do nothing to harm the toxic business models that were nominally the impetus for all this. Because someone’s gotta pay for all this new “privacy” infrastructure…

yallpendantools 9 hours ago | parent | prev | next [-]

Ads per se are not evil. The motherfucker we'd want to shoot, however, is targeted advertising and especially those that rely on harvested user data.

In a sense, I'm just agreeing with a fellow comment in the vicinity of this thread that said GDPR is already the EU's shot at banning (targeted) ads---it's just implemented piss-poorly. Personally formulated, my sentiment is that GDPR as it stands today is a step in the right direction towards scaling back advertisement overreach but we have a long way to go still.

Ofc it's impossible to blanket ban targeted ads because at best you end up in a philosophical argument about what counts as "targeting", at worse you either (a) indiscriminately kill a whole industry with a lot of collateral casualties or (b) just make internet advertising even worse for all of us.

My position here is that ads can be fine if they

1. are even somewhat relevant to me.

2. didn't harvest user data to target me.

3. are not annoyingly placed.

4. are not malware vectors/do not hijack your experience with dark patterns when you do click them.

To be super clear on the kind of guy talking from his soapbox here: I only browse YT on a browser with ad blockers but I don't mind sponsor segments in the videos I watch. They're a small annoyance but IMO trying to skip them is already a bigger annoyance hence why I don't even bother at all. That said, I've never converted from eyeball to even customer from sponsor segments.

I'd call this the "pre-algorithmic" advertising approach. It's how your eyeballs crossed ads in the 90s and IMO if we can impose this approach/model in the internet, then we can strike a good balance of having corporations make money off the internet and keeping the internet healthy.

jason_oster 6 hours ago | parent | next [-]

Ads are mostly evil. No one said that ads were inherently evil. It's bad enough that ads are mostly evil.

Let's be clear what we mean by "evil". My time is valuable. I have a finite number of heartbeats before I die. If I have to spend 30 seconds watching a damn soap commercial before I get to watch a Twitch stream, that's 36 heartbeats I will never get back. Sure, I could press mute and do something else for 30 seconds that seems more valuable, but that doesn't fit my schedule. Stealing heartbeats is evil.

I have so far optimized against wasting my heartbeats by paying subscriptions to remove ads. Spotify, Twitch, YouTube, Amazon Prime, Apple TV+, and a bunch of others I'm forgetting. Because it's worth $150/month or whatever to not waste my time with the most boring, uninteresting, irrelevant, nauseating crap that advertisers come up with.

And thank science for SponsorBlock, because sponsored segments in videos are the devil. Sponsored segments use the old non-tracking advertisement model. They pay publishers practically nothing because they aren't paying for conversions, but for an estimate based on impressions and track record woo. Bad for publishers, bad for advertisers, and bad for content consumers. Everybody loses. I'm well over my lifetime quota of BS from VPNs, MOBAs, and plots of land scams. So many heartbeats lost.

MBCook 8 hours ago | parent | prev | next [-]

I’ve never figured out what I think advertising should be. I currently do basically everything I can to get rid of it in my life.

I’m totally fine with outlining targeted advertising. But even classic broadcast stuff poses the dilemma for me.

I have absolutely noticed I miss out some. As an easy example I don’t tend to know about new TV shows or movies that I might like the way I used to. There’s never that serendipity where you were watching the show and all of a sudden a trailer from a movie comes on and you say “What is THAT? I’ve got to see that.”

Maybe some restaurant I like is moving into the area. Maybe some product I used to like is now back on the market. It really can be useful.

Sure the information is still out there and I could seek it out, but I don’t.

On the other hand I do not miss being assaulted with pharmaceutical ads, scam products, junk food ads, whatever the latest McDonald’s toy is, my local car dealerships yelling at me, and so much other trash.

I’ve never figured out how someone could draw a line to allow the useful parts of advertising without the bad parts.

“You’re only allowed to show a picture of your product, say its name, and a five word description of what it’s for”.

Nothing like that is gonna be workable.

Such a hard problem.

magarnicle 7 hours ago | parent | prev | next [-]

Yeah I want my cake and to eat it too. I get annoyed when ads are irrelevant to me, and I get creeped out when they are too relevant.

I want to be able to browse the internet for free, where the sites have a sustainable business model and can therefore make high-quality content, but I don't want to have to sign up to a subscription for everything.

I want to be able to host websites that get lots of views, but I don't want that popularity to cost me.

Can someone please come up with something that solves all of these dilemmas for me?

ulbu 9 hours ago | parent | prev [-]

what if ads were displayed only on request? “hi, ad page, I need some shoes, let’s go!”

knowriju 8 hours ago | parent [-]

So basically what Google & Amazon does and ban what Meta & Apple does ?

jama211 2 hours ago | parent | prev | next [-]

lol good luck with that

almostdeadguy 9 hours ago | parent | prev | next [-]

Can I get an amen.

burnto 8 hours ago | parent | prev [-]

That’s a thought-provoking suggestion. Most services would go out of business, and there would be a cascade of change. I wonder what would remain?

hyperman1 5 minutes ago | parent | prev | next [-]

Isn't this the standard EU way? First, they publish a statement, declaring what they want to see. 'Deal with addictive design', in this case. We've had 'Deal with the zillion different connectors on cell phones' in the past. It is now up to the industry to do this, in whatever way they see fit. If this happens, no law will be written. However, if the industry doesn't deal with it adequately, Laws will Follow, and the industry will not like them.

European companies know this pattern, and tend to get the hint. US companies tend to try and maximize what they can get while claiming there is no law against it, then go very pikachu-faced when the consequences hit them.

svara 26 minutes ago | parent | prev | next [-]

> The wording here is fascinating, mainly because they're effectively acting as arbiters of "vibes".

A very common tension in law everywhere.

In the US you now have a 'major questions doctrine'. What the hell is a major question?

sincerely 10 hours ago | parent | prev | next [-]

>The wording here is fascinating, mainly because they're effectively acting as arbiters of "vibes"

This is not such an unusual thing in law, as much as us stem-brained people want legal systems to work like code. The most famous example is determining art vs pornography - "I know it when I see it" (https://en.wikipedia.org/wiki/I_know_it_when_I_see_it)

loeg 3 hours ago | parent | next [-]

"I know it when I see it" notoriously does not work in law, either. Instead, we have the Miller test.

sincerely 2 hours ago | parent [-]

Pt 1 of the Miller test is just "I know it when I see it" where "I" is a hypothetical random person

idiotsecant 10 hours ago | parent | prev [-]

Which is of course the only way it makes sense to write laws, since code can't model infinite reality.

Not, at least, until our machine overlords arrive.

wellf 7 hours ago | parent [-]

Not just reality. Adversaries trying to find loopholes. Luckily the git history of law goes back millenia so its had some time to adapt to humans.

Someone 32 minutes ago | parent | prev | next [-]

> They point to certain features they'd like them to change, but there is no specific ruling around what you can/can't do.

The EU, in general, phrases laws and regulations more in terms of what they want to accomplish with them than in terms of what you can’t do.

In contrast, common law (https://en.wikipedia.org/wiki/Common_law), over time, more or less collects a list of all things you may not do.

johannes1234321 9 hours ago | parent | prev | next [-]

> The wording here is fascinating, mainly because they're effectively acting as arbiters of "vibes". They point to certain features they'd like them to change, but there is no specific ruling around what you can/can't do.

The issue is: If you do a precise wording of what you don't want a lawyer will go through it wird by word and the company finds a way to build something which violated the spirit, but not the exact wording. By being more generic in the wording they can reach such cases and future development with very little oversight for later corrections and courts can interpret the intention and current state of art.

There are areas where law has to be precise (calculation of tax, criteria for criminal offenses, permissions for authorities, ...), but in many cases good laws are just as precise as needed and as flexible as possible.

randomNumber7 10 hours ago | parent | prev | next [-]

Life is complex and beautiful and trying to regulate every possible outcome beforehand just makes it boring and depressing.

torlok 10 hours ago | parent | next [-]

We should just let people with overwhelming amounts of money research and fund new ways to trick people's lizard brains into giving them even more money.

twoodfin 9 hours ago | parent | next [-]

If you’re going to organize your society around the theory that humans don’t actually possess free will, you’re going to produce a fair number of outcomes that a classical liberal would find abhorrent.

mrob 8 hours ago | parent | next [-]

It's only assuming that free will requires effort to exert. They shouldn't be required to waste that effort on defending themselves from attempts to trick them into buying things they don't need.

jbxntuehineoh 6 hours ago | parent | prev [-]

Yeah, good, okay

replooda 9 hours ago | parent | prev [-]

People aren't lizards, however. You demonstrate that by engaging in the distinctly unlizardlike behavior of employing a false dichotomy to imply the opposite.

Unai 7 hours ago | parent | prev | next [-]

Laws should protect what's beautiful about life. And life is less beautiful when trillion dollar companies abuse the human nature to extract value, damaging society and individuals for the benefit of the very few.

ApolloFortyNine 10 hours ago | parent | prev | next [-]

What it does is allow for selective enforcement, making it possible to go after any company at will.

When rules are vague enough you can pretty much always find a rule someone is 'breaking' depending on how you argue it.

It's why countries don't just have a single law that says "don't be evil".

idiotsecant 9 hours ago | parent [-]

No, that's what case law is for. Modelling the zillion little details. One party claims something breaks a law another claims it doesn't, and then we decide which is true. The only alternative is an infinitely detailed law.

dredmorbius 7 hours ago | parent | next [-]

Case law, also known as common law, is a British legal tradition. Most of the EU does not follow the common law tradition. There may be supreme courts, but the notion of binding precedent, or stare decisis as in the US legal system does not exist. Appeal and Supreme court decisions may be referenced in future cases, but don't establish precedent.

<https://en.wikipedia.org/wiki/Precedent>

The equivalent doctrine under a civil legal system (most of mainland Europe) is jurisprudence constante, in which "if a court has adjudicated a consistent line of cases that arrive at the same holdings using sound reasoning, then the previous decisions are highly persuasive but not controlling on issues of law" (from above Wikipedia link). See:

<https://en.wikipedia.org/wiki/Jurisprudence_constante>

Interestingly, neither the principle of Judicial Review (in which laws may be voided by US courts) or stare decisis are grounded in either the US Constitution or specific legislation. The first emerged from Marbury v. Madison (1803), heard by the US Supreme Court (<https://en.wikipedia.org/wiki/Marbury_v._Madison>), and the second is simply grounded in legal tradition, though dating to the British legal system. Both could be voided, possibly through legislation, definitely by Constitutional amendment. Or through further legal decisions by the courts themselves.

wolvoleo 5 hours ago | parent [-]

Yeah I'm really glad we don't have common law where I live. It makes the law way too complicated by having all these precedents play a role. If the law is not specific enough we just fix it.

Also it breaks the trias politica in my opinion. Case in point: the way the Supreme Court plays politics in the US. It shouldn't really matter what judge you pick, their job is to apply the law. But it matters one hell of a lot in the US and they've basically become legislators.

sophrosyne42 8 hours ago | parent | prev [-]

No, case law is when the interpretation of the law is ambiguous in specific cases where the law as written intends for a specific meaning.

This is different, it is intentionally ambiguous precisely so bureaucrats get to choose winners and losers instead of consumers.

andybak 10 hours ago | parent | prev [-]

But how do you stop the boring and depressing - and abusive and manipulative parts?

I'm not saying legislation is a good solution but you seem to be making a poetic plea that benefits the abusers.

saidinesh5 9 hours ago | parent | next [-]

>I'm not saying legislation is a good solution but you seem to be making a poetic plea that benefits the abusers.

Only if you believe everyone else has no agency of their own. I think most people outgrow these things once they have something more interesting in their lives. Or once they're just bored.

Back when this thing was new, everyone was posting pictures of every food item they try, every place they've been to etc.. that seems to slowly change to now where there are a lot more passive consumers compared to a few polished producers.

If you're calling people delivering the content "abusers", what would you call people creating the content for the same machine?

andybak 9 hours ago | parent | next [-]

I don't believe people have no agency.

But I do believe we overestimate our own agency. Or more importantly society is often structured on the assumption that we have more agency then we actually do.

2muchcoffeeman 9 hours ago | parent | prev [-]

because some people suffer from mental health issues and need help and encouragement to break these behaviours.

And companies should not be allowed to predate on the vulnerable.

bdangubic 9 hours ago | parent [-]

where does it stop though? I suffer from cant-stop-eating-nutella but should we shut down ferrero? it is simply not possible to protect the vulnerable in a free society. any protection only gives power into the wrong hands and will eventually get weaponized to protect “vulnerable” (e.g. our kids from learning math cause some ruling party likes their future voters dumb)

2muchcoffeeman 4 hours ago | parent [-]

Dumb argument. They don’t intentionally make Nutella addictive and then test out recipes on the public to make it even more addictive. Other people can’t stop eating ice cream or oranges or salami.

randomNumber7 10 hours ago | parent | prev [-]

I would say the core problem is that we lack a goal as society. If you only care about making money stuff like this happens regardless how many regulations you do.

roenxi 4 hours ago | parent | prev | next [-]

> My initial reaction was that this was a terrible precedent, but after thinking on it more I asked myself, "well what specific laws would I write to combat addictive design?". Everything I thought of would have some way or workaround that could be found...

This doesn't solve the problem though - the enforcers still have to come up with a standard that they will enforce. A line has to be drawn, letting people move the line around based on how they feel today doesn't help. Making the standard uncertain just creates opportunities for corruption and unfairness. I haven't read the actual EU stance on the matter but what you are describing is a reliable way to end up in a soup of bad policy. There needs to be specific rulings on what people can and can't do.

If you can't identify the problem, then you aren't in a position to solve it. Applies to most things. Regulation by vibe-checks is a great way to kill off growth and change - which the EU might think is clever, but the experience over the last few centuries has been that growth and change generally make things better.

And what they actually seem to be doing here is demanding that sites spy on their users and understand their browsing habits which does seem like a terrible approach. I don't see how their demands in that statement align with the idea of the EU promoting digital privacy.

SllX 9 hours ago | parent | prev | next [-]

> It's important to note they aren't creating laws against infinite scrolling, but are ruling against addictive design and pointing to infinite scrolling as an example of it.

If the EU passes a law that seems general but start giving out specific examples ahead of time, they’re outlawing those specific examples. That’s how they work, even if you read the law closely and comply with the letter of the law. And they’ll take a percentage of your global revenue while people shout “malicious compliance” in the virtual streets if they don’t get their way.

coffeemug 10 hours ago | parent | prev | next [-]

I thought about it for only a few seconds, but here is one way to do it. Have users self-report an "addiction factor", then fine the company based on the aggregate score using a progressive scale.

There is obviously a lot of detail to work out here-- which specific question do you ask users, who administers the survey, what function do you use scale the fines, etc. But this would force the companies to pay for the addiction externality without prescribing any specific feature changes they'd need to make.

vanviegen an hour ago | parent [-]

And what about games that are actually just great fun? That would be easy to confuse with addictive, right?

iamflimflam1 2 hours ago | parent | prev | next [-]

This is a classic play book by anyone who is anti regulation. Present it as something that appears to be ludicrous - eg “they are banning infinite scroll!” and rely on the fact that very few people will actually dig any deeper as you’ve already satisfied their need for a bit of rage.

Waterluvian 4 hours ago | parent | prev | next [-]

> The wording here is fascinating, mainly because they're effectively acting as arbiters of "vibes". They point to certain features they'd like them to change, but there is no specific ruling around what you can/can't do.

“You know it when you see it.”

sriku 7 hours ago | parent | prev | next [-]

"what specific laws ...?"

If a company chooses a design and it can be proved through a subpoena of their communications that the design was intended and chosen for its addictive traits, even if there has been no evidence collected for the addictiveness, then the company (or person) can be deemed to have created a design in bad faith to society and penalized for it.

(Well that's my attempt. I tried to apply "innocent until proven guilty" here.)

grumbel 2 hours ago | parent | prev | next [-]

> "well what specific laws would I write to combat addictive design?"

Expand the GDPR "Right to data portability" to publicly published content for third parties, i.e. open up the protocols so you can have third party clients that themselves can decide how they want to present the data. And add a realtime requirement, since at the moment companies still circumvent the original rule with a "only once every 30 days" limit.

Also add an <advertisment> HTML tag and HTTP header and force companies to declare all their ads in a proper machine readable way.

The core problem with addictive design isn't the addictive design itself, but that it's often the only way to even access the data. And when it comes to communication services that benefit from network effects, that should simply not be allowed.

dakolli 4 hours ago | parent | prev | next [-]

fracture all the services, idc.

3 hrs a day on your phone is equivalent to 15 years of your life (accounting for a 16 hour waking day). I know people that do a solid 6... That's 30 years of their life scrolling, getting their brains completely fried by social media, and soon the infinite jest machine that is generative AI.

Sorry, we don't let people fry their brains with drugs, well we at least try to introduce some societal friction in between users and the act of obtaining said drug.

ArchieScrivener 7 hours ago | parent | prev | next [-]

In the USA at least, we need a nation specific intranet where everyone on it is verified citizens and businesses where the government cant buy your data but instead is tasked with protecting it, first and foremost, from itself.

No more for profit nets. Time for civil digital infrastructure.

hinkley 5 hours ago | parent | prev | next [-]

I’m trying to think of what use I’d make of infinite scroll that would specifically not be for addictive purposes. Maybe ticket backlogs?

akersten 4 hours ago | parent [-]

I'm also trying to think of what use I'd make of sugar that would specifically not be for addictive purposes. Maybe keeping down medicine?

Point being, the internet is the clutchable pearl de jour for easy political points. There's far more proven addictions and harm elsewhere, but those problems are boring and trodden and don't give a dopamine hit to regulate quite like the rancor that proposals like this drum up. Hey, aren't dopamine hits what they're trying to mediate in the first place?

Llamamoe 10 hours ago | parent | prev | next [-]

> I asked myself, "well what specific laws would I write to combat addictive design?".

Only allowing algorithmic feeds/recommendations on dedicated subpages to which the user has to navigate, and which are not allowed to integrate viewing the content would be an excellent start IMO.

trhway 10 hours ago | parent [-]

to me it isn't about addictive design, it is about infinite scrolling jerking/straining my eyes (and thanks to that strain, it brings me back to reality, and i immediately disconnect from the content thus avoiding whatever addiction it could have sucked me in).

That actually makes me think that any page containing addictive design elements should, similar to cigarette warning, carry a blinking, geocities style, header or footer with "WARNING: Ophthalmologist General and Narcologist General warn about dangers of addictive elements on this page".

seydor 3 hours ago | parent | prev | next [-]

The wording is vague enough so they canm milk american/chinese companies for fines in a few months. EU being sad again

enaaem 2 hours ago | parent | next [-]

America forced the sale of Tiktok and China doesn't even allow American social media companies. I would argue the EU is late to the game.

seydor 2 hours ago | parent [-]

you can't milk it if you ban it

deaux 2 hours ago | parent | prev [-]

Those companies are incredibly welcome to stop doing business in the EU.

Or abide by the laws, which truly isn't that difficult.

The fact that no one at Meta lets their own children use their platforms on its own justifies these laws a hundred times over.

lukan 10 hours ago | parent | prev | next [-]

Assuming it was "just" about banning infinite scrolling. Not saying it is a good idea, but right now I cannot think of a legitimate use case where you would need it, unless your goal is engagement.

Springtime 8 hours ago | parent | next [-]

I've seen it used in non-addictive ways for search results (both specialized[1] and generic global search engines) and portfolios (for showcasing work progressively not merely constantly appending content to the end of singularly viewed work like say news sites do now), off the top of my head.

[1] Eg: printables.com (for open source, 3D print files)

saidinesh5 9 hours ago | parent | prev | next [-]

Or just help you avoid clicking next next while searching for something you want.

Although there is a special place in hell for those who put a website options for customer care at the bottom of an infinite scrolling page...

rolph 10 hours ago | parent | prev | next [-]

a webgame or a document browser, e.g. side scrollers, topdown/bottom up scroller, continuous page view.

Yiin 10 hours ago | parent | prev [-]

I like to scroll my logs w/o pagination

lukan 10 hours ago | parent [-]

But they ain't infinite (I assume). Maybe long, but finite. That is a big difference as it still gives meaning to the scrollbar. Infinite scroll is endlessly adding new content so you simply cannot scroll to the bottom.

c7b 10 hours ago | parent | next [-]

Technically, infinite scroll is of course finite, too. Unless it adds newly created content, but if you count that as infinite then logs can be infinite too.

That's exactly why you don't write legislation to ban infinite scroll but 'addictive' design. Then it's ultimately up to the courts to decide, and they have the necessary leeway to judge that journalctl -f isn't addictive but TikTok is, even if they both use a version of infinite scroll.

nradov 8 hours ago | parent | prev | next [-]

I dunno, have you tried? Maybe you just need to scroll faster.

rolph 10 hours ago | parent | prev [-]

if your systemlog is very active or very verbose, this will happen.

i do get the idea though. abusive infinate scroll games/exploits, the compulsion to "finish" the feed.

KPGv2 2 hours ago | parent | prev | next [-]

In the US we often use a "reasonable person" standard to get around trying to write super precise descriptions of things. "don't do X where a reasonable person would think Y."

kawera 9 hours ago | parent | prev | next [-]

> having a few large companies to watch over is better than millions of small micro-niche ones

Not necessarily. The consequences of a few bad micro-niche ones would be, well, micro.

shevy-java an hour ago | parent | prev | next [-]

> but are ruling against addictive design and pointing to infinite scrolling as an example of it

I still don't like that explanation at all. They imply that infinite scrolling is a sign of addictive design. How do they reach this conclusion? I can think of other ways that don't necessitate an addictive design. Some art form for instance. It may not be your cup of tea but that is art in general. I just don't see the logical connection.

Not that I am against taxing these greedy and evil US corporations. But that argument by the EU is simply not sound.

> Regardless of your take around whether this is EU overreach, I'm glad they're not implementing strict laws around what you can/can't do - there are valuable situations for these UI patterns, even if in combination they can create addictive experiences.

But why would you be in favour then? Does this make sense?

> but the regulated friction of major platforms (ie discord w/ ID laws) is on a collision course

This will happen anyway. Trump and his TechBros leverage the US corporations for their wars. You only need to listen to Vance, or Rubio doing his latest dance. Sadly the european politicians are also too weak to do anything other than talk big.

sophrosyne42 8 hours ago | parent | prev | next [-]

No, this is far worse. This is just a license for bureaucrats to selectively choose winners or losers in social media. Once regulatory capture happens it merely turns into a special privilehe for pre-established businesses or a vehicle for one business to destroy another without outcompeting it

paulcole 5 hours ago | parent | prev | next [-]

Laws should be strict!

johnnyanmac 6 hours ago | parent | prev | next [-]

>My initial reaction was that this was a terrible precedent, but after thinking on it more I asked myself, "well what specific laws would I write to combat addictive design?".

I'd make the algorithms transparent, then attack clearly unethical methods on a case by case basis. The big thing about facebook in the 2010's was how we weren't aware of how deep its tracking was. When revealed and delved into, it lead to GDRP.

I feel that's the only precision method of keeping thins ethical.

asdfman123 10 hours ago | parent | prev | next [-]

> My initial reaction was that this was a terrible precedent

These laws are harsh... but, as much as I hate to say it, the impact social media has had on the world has been worse.

paulddraper 7 hours ago | parent | prev | next [-]

This is everything terrible about laws.

Laws are supposed to be just that — predictable, enforceable, and obeyable rules, like the laws of physics or biology.

Bad laws are vague and subjective. It may be impossible to remove all ambiguity, but lawmakers should strive to create clear and consistent laws for their citizens.

Else it is not a nation of laws, but a domain of dictators.

golemiprague 11 hours ago | parent | prev | next [-]

[dead]

spwa4 12 hours ago | parent | prev | next [-]

I wouldn't worry about that. You're ignoring politics, and what this actually is. If the EU had a real problem with addictive designs and social media the time to move against it was of course 10+ years ago. They do not intend, not even remotely, to sabotage the profit machines that those companies are, they just want political weapons against the companies. The intention here is not to cure addiction, destroy profits, the intention is to use economic power to achieve political ends. The EU is built on this, it just didn't use to involve that many private companies.

Like most famous EU laws, this is not a law for people. Like the Banking regulations, the DMA, the GPDR, the AI act, this law cannot be used by individuals to achieve their rights against companies and certainly not against EU states, who have repeatedly shown willingness to use AI against individuals, including face recognition (which gets a lot of negative attention and strict rules in the AI act, and EU member states get to ignore both directly, and they get to allow companies to ignore the rules), violate GPDR against their own citizens (e.g. use medical data in divorce cases, or even tax debt collection, and they let private companies ignore the rules for government purposes (e.g. hospitals can be forced report if you paid for treatment rather than pay alimony, rather than pay your back taxes)). The first application of the GPDR was to remove links about Barrosso's personal history from Google.

These laws can only be used by the EU commission against specific companies. Here's how the process works: someone "files a complaint", which is an email to the EU commission (not a complaint in the legal sense, no involvement of prosecutors, or judges, or any part of the justice system of any member state at all). Then an EU commissioner starts a negotiation process and rules on the case, usually imposing billions of euros in fines or providing publicly-backed loans (in the case of banks). The vast, vast, vast majority of these complaints are ignored or "settled in love" (French legal term: the idea is that some commission bureaucrat contacts the company and "arranges things", never involving any kind of enforcement mechanism). Then they become chairman of Goldman Sachs (oops, that just happened once, giving Goldman Sachs it's first communist chairman, yes really. In case you're wondering: Barrosso), or join Uber's and Salesforce's executive teams, paid through Panama paper companies.

In other words: these laws are not at all about addictive design, and saving you from it, they're about going after specific companies for political means. Google, Facebook, Goldman Sachs, ...

Ironically the EU is doing exactly what Trump did with tariffs. It's just that Trump is using a sawed-off shotgun where the EU commission is using a scalpel.

wasabi991011 11 hours ago | parent | next [-]

> If the EU had a real problem with addictive designs and social media the time to move against it was of course 10+ years ago.

Addictive designs and social media have changed a lot in the last 10 years, for one. But more importantly, there's no statute of limitation on making laws.

tehjoker 11 hours ago | parent | prev | next [-]

You are in all likelihood correct, it's the more realpolitik reading of it. One other more charitable interpretation would be that the EU was under the US's thumb so they never took action, but now that there is some more separation, they are willing to act against these design patterns. It's probably some combination of both elements, weighting each according to how cynical you are, and high cynicism is justified.

Aarchive 11 hours ago | parent | prev | next [-]

> Like the Banking regulations, the DMA, the GPDR, the AI act, this law cannot be used by individuals to achieve their rights against companies

Of course the GDPR gives individuals rights, counter example:

> The first application of the GPDR was to remove links about Barrosso's personal history from Google.

drnick1 10 hours ago | parent [-]

The GDPR is a joke. Such a law should have prevented companies from collecting data in the first place. All we got are annoying pop-ups that do nothing for our privacy.

ginko 10 hours ago | parent | prev | next [-]

Is it really so hard for you people to imagine that MAYBE, there's politicians that see what social media look like these days and think they might want to do something against that?

The fact that all of these companies aren't European certainly doesn't help, but if you think this and GDPR, DMA etc. are purely schemes to milk foreign companies then you've been drinking way too much cynicism juice.

foldr 11 hours ago | parent | prev | next [-]

> These laws can only be used by the EU commission against specific companies.

In the UK at least, the GDPR was incorporated into UK law (where it remains, essentially unmodified, even after Brexit). So it is certainly not necessary to get the EU commission involved to enforce the law. In the UK, the ICO is the relevant regulator. There are other national regulators that enforce the GDPR, such as the French CNIL.

jamestest2e4p6x 11 hours ago | parent | prev | next [-]

One of the best replies on hackernews in years. Hear. Hear.

The EU realized they can extort the US big tech. The EU will now just focus on laws and taxing (the war in Ukraine isn't their problem). And frankly, we should just ignore EU laws in the US.

Manuel_D 8 hours ago | parent | next [-]

Companies that exist in the US don't have to obey EU laws. For instance the UK tried to tell 4chan that it needs to obey the UK Online Safety Act, and 4chan replied with, essentially, "fuck off".

Companies that try to do business in the EU have to follow EU laws because the EU has something that can be used as leverage to make them comply. But if a US company doesn't have any EU presence, there's no need to obey EU laws.

theshackleford 10 hours ago | parent | prev [-]

And the rest of the world should ignore US laws. Drug law, copyright law and of course, patent law. Let's throw it all in the bin, where it belongs.

JoshTriplett 10 hours ago | parent | prev [-]

> They do not intend, not even remotely, to sabotage the profit machines that those companies are

I think you are projecting values on entities that don't share those values. I don't think they'd have any problem destroying a pile of companies and not enabling replacements; they are not pro-business, and they have not shown a history of regulating in a fashion that's particularly designed to enable home-grown EU businesses. Predictability and consistency of enforcement are not their values, either. They don't seem to have any problem saying "act in what we think the spirit of the law is, and if you think you can just understand and follow the letter of it we'll hurt you until you stop".

1vuio0pswjnm7 9 hours ago | parent | prev [-]

"The wording here is fascinating, mainly because they're effectively acting as arbiters of "vibes"."

   Wikitionary (2026)
   Noun
   vibe (plural vibes)
    1. (informal, originally New Age jargon, often in the plural) An atmosphere or aura felt to belong to a person, place or thing. [c. 1960s]
1vuio0pswjnm7 7 hours ago | parent [-]

s/Wikit/Wikt