Guy Argues That Anti-Ad Blocker Systems Violate EU Privacy Laws

We've talked about how ridiculous it is that many news sites (including Wired and Forbes -- and apparently, now, the NY Times) have started using annoying anti-ad blocker software, in which it will block visitors from viewing their content if those sites detect (or think they detect) that you're using an ad blocker. This is ridiculous on any number of levels, but most of all because it is forcing people to put their computers at risk. Plenty of people have tried explaining to publishers that this practice is a bad idea, but to no avail.

However, over in Europe, one privacy activist thinks he may have found another path. Alexander Hanff wrote to the EU Commission with his reasoning, claiming that ad blockers are a form of spyware that illegally violate the EU's ePrivacy Directive by not getting consent. As you may have noticed, not too long ago, when you started visiting EU-based websites, it would always inform you of its policy on storing cookies, and requesting that you "accept" the site's policy. This was because of a new electronic privacy directive, that some have called the Cookie Law. However, as Hanff notes, it's quite possible that using an ad-blocker detector script is basically doing the same sort of thing as a cookie in terms of spying on client-side information within one's web browser, and a letter he received from the EU Commission apparently confirms his assertion.

With client side scripts is a breach of Art 5(3) of 2002/58/EC and thus ILLEGAL in Europe #privacy #adblocker #slamdunk

— Alexander Hanff (@alexanderhanff) April 19, 2016

Since so many people are bugging me for them here are photos of the relevant pages of letter. pic.twitter.com/vcTG0qdhIC

— Alexander Hanff (@alexanderhanff) April 20, 2016

It's unclear from the excerpt of the letter that he's posted if it's quite as slamdunk a case as he's indicated, but it certainly is an interesting read of the law. Either way, Hanff has made it clear that he's going to use this "opinion" from the EU Commission to go after a ton of websites using anti-ad block systems:

This is huge, I am about to launch legal complaints across multiple EU member states & now have formal @EU_Commission opinion to support

— Alexander Hanff (@alexanderhanff) April 19, 2016

To all #publishers currently detecting #adblockers in EU - look out, I am coming for you and I am very well armed. #privacy #spyware

— Alexander Hanff (@alexanderhanff) April 20, 2016

Of course, from the sound of things, if Hanff is correct in his analysis, this could make things trickier for EU sites that want to use anti-ad-block software, as they'd have to first get users' consent, and give them some level of control (possibly allowing them to just bypass the ad blocker check entirely). There are all sorts of reasons why the war on ad blocking is a bad idea, but here's one more possibility, especially for EU sites.

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