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blog: Don Marti

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Why surveillance marketers don't worry about GDPR (but privacy nerds should)

01 August 2017

A lot of privacy people these days sound like a little kid arguing with a sibling. You're going to be in big trouble when Dad gets home!

Dad, here, is the European Union, who's going to put the General Data Protection Regulation foot down, and then, oh, boy, those naughty surveillance marketers are going to catch it, and wish that they had been listening to us about privacy all along.

Right?

But Internet politics never works like that. Sure, European politicians don't want to hand over power to the right-wing factions who are better at surveillance marketing than they are. And foreign agents use Facebook (and other US-based companies) to attack legit political systems. But that stuff is not going to be enough to save GDPR.

The problem is that perfectly normal businesses are using GDPR-violating sneaky tracking pixels and other surveillance marketing as part of their daily marketing routine.

As the GDPR deadline approaches, surveillance marketers in Europe are going to sigh and painstakingly explain to European politicians that of course this GDPR thing isn't going to work. "You see, politicians, it's an example of political overreach that completely conflicts with technical reality." European surveillance marketers will use the same kind of language about GDPR that the freedom-loving side used when we talked about the proposed CBDTPA. It's just going to Break the Internet! People will lose their jobs!

The result is predictable. GDPR will be delayed, festooned with exceptions, or both, and the hoped-for top-down solution to privacy problems will not come. There's no shortcut. We'll only get a replacement for surveillance marketing when we build the tools, the networks, the business processes, the customer/voter norms, and then the political power.