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27 points

This whole thread is a whole lot of hullabaloo about complaining about legality about the way YouTube is running ad block detection, and framing it as though it makes the entire concept of ad block detection illegal.

Nope, the point is that, at the moment, Google seems to look where it should not look to know if a user has an adblocker and they don’t ask for permission.

Let put it in another way: Google need to have my permission to look into my device.

But it doesn’t stop Google from refusing to serve you video until you watch ads.

Which is fine as long as Google can decide that I am using an adblocker without violating any law, which is pretty hard.

Of course Google could decide that it is better to leave EU and it law that protect the users, but is it a smart move from a company point of view ?

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3 points
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All they need to implement ad block detection is user consent, which they likely cover on their terms of service and privacy policy.

Source

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Yep that’s it. I’ll double check the link in my post.

Edit: yep borked the link, fixed now. Thanks for letting me know!

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6 points

Because of GDPR, in the EU user consent has to be explicitly asked for and given, not implicitly via some catch all in a 20 pages Terms Of Service.

Hence all the cookie pop-ups.

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That is addressed in the source I linked, which is an industry groups advice to publishers on the implementation of ad block detector. They specifically say that having it listed in your ToS is a defensible strategy but could have some risk. To mitigate the risk, you can introduce either a consent banner, consent wall, or both.

It’s an interesting read, and something I wish I’d had a few years ago in a prior role when I wrote my organizations gdpr strategy, though I’m not an expert on EU specific law.

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