Reply to post: ISTR

Microsoft won't back down from Windows 10 nagware 'trick'

Camilla Smythe

ISTR

This is in effect exactly the same behaviour adopted by Phorm for their 'opt-in' interstitial in Brazil, Romania and Turkey. The user would try to visit Pornhub and Phorm would pop-up their interstitial 'invite' page whilst immediately setting 'opted-in' cookies on the users machine. Naturally the user would go WTF! and close the pop-up to continue on to the 'good stuff' and end up being 'opted-in'. That sort of behaviour, amongst others, was determined to be illegal and a few fines were handed out to ISPs with Phorm being forced to adopt a more reasonable approach... basically they had to set 'opted-out' cookies such that if the user closed the pop-up without taking further action they were 'opted-out'. Perhaps someone might care to prod the appropriate EU department and get them to look into things.... or point me in the right direction and I'll bash off a letter.

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