Use Google Analytics, go to jail

By | January 13, 2011, 6:32am PST

Summary: OK, so maybe you won’t actually go to jail. But if you use Google Analytics in Germany, you may be facing a “stiff fine.”

OK, so maybe you won’t actually go to jail. But if you use Google Analytics in Germany, you may be facing a “stiff fine,” according to Johannes Caspar, commissioner for data protection in Hamburg.

Here’s the thing. Germany is very particular about what sorts of user-level access information Web site operators can share, store, or disclose. Apparently, in Germany, if you surf those “naughty” sites, it’s really none of anyone’s business, to the point where there are actual, legal protections in place to give real teeth to privacy policies and the like.

Now, we are talking Germany here, so the irony is evident. The Germans have always had such great respect for personal liberty and privacy. Heh! But still, it’s a story…over-compensating for past crimes against humanity notwithstanding.

Like Bundesrepublik Deutschland, I was originally distrustful of das Google Analytics. I wasn’t thrilled with how difficult it was to track RSS feeds along with Web feeds, I didn’t like how the traffic results didn’t exactly match my Apache log file results, and I felt vaguely uneasy about Google knowing all that information about my Web sites.

But over time, I was assimilated.

Aside: did you know there’s a village called “Borg” in Saarland, Germany? Even more geekerly, it’s in the municipality of Perl. Yeah, so either Germany has geek stuff in its DNA or we’ve been stealing cool names from them for years. Lord, I love me some Wikipedia!

Anyway, like I said, over time I discovered resistance was futile. First, my Apache log files grew to an unmanageable size and flinging them from drive to drive for post-processing grew to be tedious, at best. Then, more and more of the sites and clients I worked with had been assimilated into the Analytics collective. And, finally, it became clear that Google Analytics was just too darned useful to ignore.

For example, while it’s pretty cool to know that 0.81% of you are reading this article from Germany, what’s even more cool is that with a simple click of my mouse, I can see where, exactly, you’re reading from while you’re in Germany.

I can also tell some more interesting stuff. For example, I can — at a glance — see that about 0.25% are reading this article directly from the U.S. Department of Defense’s Network Information Center. I can see that 0.09% are reading from the Department of Veteran’s Affairs, that defense contractors Raytheon, Boeing, and Northrup are all active readers.

I can also tell that more than 60% of mobile readers are reading this site on their iPads and another 23% are reading from their iPhones (all probably waiting for me to mock Apple so they can fire up their tiny fingers and comment in TalkBack).

I can even tell just how many of you come back again and again and again to read this particular blog (it’s a disturbing, yet gratifyingly high percentage of you).

From the perspective of understanding our readers, this is wonderful stuff. It’s also what’s got the Germans’ lederhosen in a twist.

According to The Local (Germany’s News in English), it’s this level of detailed analytics that’s got Caspar feeling so unfriendly. In order for Google Analytics to be able to tell you information about repeat visits, where readers are visiting from, and the like, the IP address of Web site visits must be recorded.

Google has apparently been doing its best to sanitize IP addresses for your protection, but there are some conflicts because Safari and Opera can’t be IP-squelched. According to Caspar, Google still collects IP addresses, even for those who don’t opt out.

All of this has apparently angered Caspar so much, he’s turned white as a sheet. He and his own “collective of state-level data protection officials, known as the Düsseldorfer Kreis, plan to find a way to act against companies that continue to use Google Analytics.”

So there you go. Use Google Analytics in Germany and you might face a “stiff fine.”

Speaking of “stiff,” Germany’s a rather interesting place. Also running at the same time in The Local was an article about prostitution in Germany, which is legal there. In an effort to diversify, some German prostitutes are providing specialized services, including — and I must quote — “provide sex for seniors in retirement homes”.

Still quoting from The Local, “One director of a Berlin retirement home told the paper she would like to create a ‘room for intimate encounters,’ but is still in discussions with the religious organisation behind the operation.”

Germany. You just can’t make this stuff up! Ya!

Well, at least we now know why Johannes Caspar doesn’t want Google Analytics tracking everyone’s online actions. Yes, a country where prostitution is legal and looking for ways to extend their service offerings is doing its best to let its citizens hide their online tracks. Do you see a connection? Gotta wonder what skeletons Caspar has been hiding in his closet, eh?

Seriously, in Germany, Google Analytics might be made illegal, but prostitution is legal? What is this world coming to? Look, it’s not the legality or even the morality (what does that even mean?) of the German sex trade I’m questioning here, it’s the restriction of a tool as useful as Google Analytics. People should be free to practice their kinks in safety, whether they be sexual or of the data analysis variety.

By the way, Google Germany’s Per Meyerdierks disagrees with Caspar. He says Google’s met both Germany’s and EU privacy standards since the first version of Google Analytics was made available.

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David Gewirtz, Distinguished Lecturer at CBS Interactive, is an author, U.S. policy advisor, and computer scientist. He is featured in The History Channel special The President's Book of Secrets.

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David Gewirtz

At various times during his adult life, David has voted for both Democrats and Republicans, and has been disappointed by both. He is deeply disturbed by how partisanship has come before patriotism in America, which gives him the freedom to pick on both sides.

David is a frequent guest on TV and radio stations across America and can usually be heard or seen on-the-air at least once a week. He writes weekly commentary and analysis for CNN’s Anderson Cooper 360 and has been interviewed by Fox News, CNN, various ABC and NBC affiliates, and Canada’s Global TV. He has been a featured guest on National Public Radio and has also been featured on Voice of America, Radio Free Europe, and Radio Liberty where his commentaries on technology, industry, and emerging nations have been broadcast into 46 countries (all in their own unique translations).

David is the executive director of U.S. Strategic Perspective Institute, a nonprofit research and policy organization. He is the Cyberterrorism Advisor for the International Association for Counterterrorism & Security Professionals, a columnist for The Journal of Counterterrorism and Homeland Security and a special contributor to Frontline Security Magazine. He is a member of the FBI’s InfraGard program, the security partnership between the FBI and industry. David is also a member of the U.S. Naval Institute and the National Defense Industrial Association, the leading defense industry association promoting national security.

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Biography

David Gewirtz

In addition to hosting the ZDNet Government and ZDNet DIY-IT blogs, CBS Interactive's Distinguished Lecturer David Gewirtz is an author, U.S. policy advisor, and computer scientist. He is featured in The History Channel special The President's Book of Secrets, is one of America's foremost cyber-security experts, and is a top expert on saving and creating jobs. He is also director of the U.S. Strategic Perspective Institute as well as the founder of ZATZ Publishing.

David is a member of FBI InfraGard, the Cyberwarfare Advisor for the International Association for Counterterrorism & Security Professionals, a columnist for The Journal of Counterterrorism and Homeland Security, and has been a regular CNN contributor, and a guest commentator for the Nieman Watchdog of the Nieman Foundation for Journalism at Harvard University. He is the author of Where Have All the Emails Gone?, the definitive study of email in the White House, as well as How To Save Jobs and The Flexible Enterprise, the classic book that served as a foundation for today's agile business movement.

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Not everybody went to Iraq
snberk341 14th Jan 2011
@John Zern
Not everybody climbed onto the Iraq bandwagon. One exception being Canada, that went fully into Afghanistan (where the 9/11 hijackers got their training and support from the govt of the time there).

And before anyone makes fun of the Canadian military, the Canadian Afghan Mission contribution has been valuable enough to the US that the US Govt has done considerable arm-twisting to convince us to extend the mission. And that several CF units were specifically requested by the Pentagon because they had capabilities that other US and NATO troops did not have.
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RE: Use Google Analytics, go to jail
alsobannedfromzdnet 13th Jan 2011
Maybe if Google's streetview vans weren't caught out snooping wifi networks in Germany, then they wouldn't be subject to this level of scrutiny.
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THIS!
maclovin 13th Jan 2011
@alsobannedfromzdnet

Ahh so true. I laughed my a$$ off at that!
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RE: Use Google Analytics, go to jail
alsobannedfromzdnet 13th Jan 2011
@maclovin

When "sorry" just isn't enough.
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A few things....
maclovin 13th Jan 2011
What does this mean for people who may host a web-based store outside Germany who have customers FROM Germany going to said site?

Nothing, I would hope. But, looking at the international crapton (ICT, new unit of measurement) of politics going on in the Assange case.....you never know!

Also, to equate paying for a bit of sex with the tracking and storing of someone's personal information, address, location, previous visits, etc., that they did not WILLINGLY PROVIDE YOU, is completely ludicrous. It's basically internet stalking, when you think about it.

It's consensual sex, not theft of information/invasion of privacy, get over it. As much as I hate the intrusive adult imagery now (and I'm a guy!) it's simply part of life. Human beings are animals, too.

"...now to go work out this cramp I have in my right hand....."
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RE: Use Google Analytics, go to jail
dbsteele@... Updated - 13th Jan 2011
Could you keep your priggish American attitudes about s*x out of your posts? In the Netherlands I believe some prostitutes' visits to elder care homes are covered by medical insurance. It's not considered a matter for childish tittering.
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RE: Use Google Analytics, go to jail
maclovin Updated - 13th Jan 2011
@dbsteele@...

Wonder if the writer is FROM Europe?



Ahh, just saw BIO, guess not. American alright.

It just bothers me when everyone thinks that their views are the only ones, and are shocked when another viewpoint presents itself.
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RE: Use Google Analytics, go to jail
sackbut 13th Jan 2011
@dbsteele@...

Sorry, but everyone doesn't have to be a sick as you MFer are.
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RE: Use priggish innuendo, go to jail!
PercySludge Updated - 13th Jan 2011
@dbsteele@... + @sackbutt@
Ahh, America. They are always fascinating.
Bill Clinton gets a BJ, they (Starr Chamber court) almost impeach him.
But GWB invades Iraq under false pretences and causes 500,000 deaths (incl 4000+ Americans)? Hey, no problem!
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Sure. No problem
John Zern 13th Jan 2011
@PercySludge
Not like England or anyone else was all for it, too.
Oops! You didn't want me to bring that up, right?
My Bad! devil
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Not everybody went to Iraq
snberk341 14th Jan 2011
@John Zern
Not everybody climbed onto the Iraq bandwagon. One exception being Canada, that went fully into Afghanistan (where the 9/11 hijackers got their training and support from the govt of the time there).

And before anyone makes fun of the Canadian military, the Canadian Afghan Mission contribution has been valuable enough to the US that the US Govt has done considerable arm-twisting to convince us to extend the mission. And that several CF units were specifically requested by the Pentagon because they had capabilities that other US and NATO troops did not have.
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RE: Use Google Analytics, go to jail
ejhonda 13th Jan 2011
Nice hit piece, Dave. Ein prosit.
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RE: Use Google Analytics, go to jail
egidiocs 13th Jan 2011
is it an article about privacy or moral beliefs?
thumbs down... argue about internet privacy policies thru this utterly narrow point of view? it is a great subject to argue and discuss. shame on you, this is the worst article I ever read @ ZDNet or elsewhere.
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RE: Use Google Analytics, go to jail
aureolin Updated - 13th Jan 2011
Interesting - and you do need to watch out if you use Google Analytics no matter where you live. European laws include some interesting loopholes. A certain Dr. Tobin was arrested in London on a German arrest warrant for publishing works denying the Holocaust. What's interesting is that the person both resides and published in Australia. Furthermore, Holocaust denial is not a crime in either London or Australia.

(Yes, this actually happened. Look up "European Arrest Warrant" and "Gerald Tobin". Fortunately for Mr. Tobin an English judge tossed the warrant, but usually these warrants are enforced, even for trivial offenses.)

Moral of the story - if you use Google Analytics, don't travel in Europe! wink
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RE: Use Google Analytics, go to jail
Whitworthian 13th Jan 2011
Another disappointing article by David Gewirtz. The subject matter is interesting but the snide asides about Germans and childish word play are embarrassing. What is worst, though, is the illogic of the saying that restrictions on data gathering are inconsistent with legalized prostitution. Germany is putting forth a consistent moral standard of keeping corporations and government out of people?s private lives. One can disagree with this morality but it is just dumb to try to make it seem self-contradictory.
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RE: Use Google Analytics, go to jail
tkejlboom 13th Jan 2011
@Whitworthian

It's not inconsistent at all. Prostitution is a BUSINESS! It is completely wrong headed to cry for less transparency from business. It breeds corruption.

It's such a funny double standard. To sell a gun in the U.S. you're expected to run a background check of your customer. When renting an apartment, it's taken for granted that the company will run a credit check on you. However, people make a fuss over sites actually keeping data that its visitors gave them?

I've only used it for very small operations that would only approve work piecemeal. "Okay, I'll fix the mess you made using Frontpage, but wouldn't you like your site to be viewable from Firefox, Chrome, Opera, and Safari?" It's been very valuable to both those organizations, churches, community groups, and so forth, to be able to understand that the demographic they were primarily targeting with their website in the first place was visiting with Chrome or Firefox, seeing the mess of a homepage, and bouncing.
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What's not so well known is that ...
Gaius_Maximus 13th Jan 2011
... like many European states, such as Great Britain, Spain, Sweden, Holland, France, Poland, Hungary, Austria, and maybe more that I'm unaware of, the German royal families are still around. And, while they've grown very good at pretending to have long since vanished into thin air, they still own a lot of stuff, and, like the British royals, still even manage to make their presence felt in the making of some policy. Thus, while we take the second part of our 1st amendment for granted with impunity because of the phrase, We the people, Germans only think they enjoy the same liberties. They do not. They often forget this. But they are occasionally reminded of it.
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That's Crazy.
steve_jonesuk@... 13th Jan 2011
@Gaius_Maximus surely the German law here gives its people MORE freedom, by outlawing people who want to spy on them.
And using this as an anti-royal argument is loopy enough; when we remember that Germany has been a republic for about a century (presumably this is what you mean by "pretending to have vanished"), that's a helluva stretch.
Would you care to discuss America's ruling class? Or are you somehow under the impression that there isn't one?
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RE: You want crazy? Go to jail
PercySludge Updated - 13th Jan 2011
@Gaius_Maximus
Germany is indeed terrible!
Only Germany would attempt to extradite from Sweden, and charge with treason, an Australian citizen currently residing in the UK, and wanted for what apparently is "unfaithfulness" in Sweden.
That is Germany, right? Those crazy krauts! wink

At least in Canada the authorities are more sensible. They have just banned a 35-year old song- Dire Straits' "Money for Nothing", because of a mumbled reference in the lyrics to a bunch of little sticks used to start fires!
Go figure!
(Sorry for the digression)
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Now now, Sweden has to uphold its laws
HollywoodDog 13th Jan 2011
@PercySludge ... like the one saying consensual sex without a condom is a high crime - notwithstanding all the parents walking around free.
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RE: Use Google Analytics, go to jail
alsobannedfromzdnet 13th Jan 2011
@PercySludge

Is that like the threatening emails my ISP in Australia gets from American companies threatening legal action in America, based on file searches done on a site based in Sweden, which as the files which are searched for contain virtually no content are deemed to be infringing the Digital Millennium Act anyway.
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RE: Use Google Analytics, go to jail
steve_jonesuk@... 13th Jan 2011
Gerwitz, German people are still made to feel bad about what their country's done in the past; those under 65 weren't even born under Nazi rule - perhaps you'd like to explain what they've done to deserve cheap shots like the one in your third paragraph.
I suspect that use of Google Analytics isn't illegal for the sort of user-profiling you've done in your piece; surely it would be the use of Google Analytics to violate people's privacy which is illegal. Use of a crowbar isn't illegal; use of a crowbar to break into someone's house is. No, I haven't checked this.
As for prostitution being legal in Germany, this is an intelligent, liberal and pragmatic policy which, I'm assuming, was made separately from German national IT law...
An aside; prostitution isn't strictly illegal here in Britain - most Brits don't even know this because many associated activities are illegal (kerb-crawling is, so is running a brothel).
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RE: Use Google Analytics, go to jail
lloyd@... 13th Jan 2011
@steve_jonesuk@... Don't mention the war. David thinks he might have mentioned it once & got away with it. Shock horror probe . . . maybe he didn't!

Just remember that writers are pimps who would prostitute their mothers for a good story. The story was just an exercise in pimping information.

No offence meant.
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@steve_jonesuk@... besides America is the unlawful war-of-aggression starter, torturer and civil rights violator today. Of course looking in mirrors has never been our strong suit.
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RE: Use Google Analytics, go to jail
notinkeys 13th Jan 2011
Can you keep the snide slurs out of your writing? This is a patently offensive piece- and I am neither German nor European.

This is not appropriate. Save your hate for your personal world.
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RE: Use Google Analytics, go to jail
mrgoose 13th Jan 2011
@notinkeys
@steve_jonesuk

+1.

FWIW, I found Gewirtz's comments regarding Germany to be entirely inappropriate and frankly, downright offensive.

Best wishes, G.
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Nasty and pointless Nazism reminder
pjotr123 13th Jan 2011
All German Third Reich Nazi's are either dead or over eighty. How big a percentage of the population are they? No need for those remarks....

Modern Germany is a staunch and proven friend of Israel, and has been so for scores of years. Better save your accusations for countries like Poland, Russia or Hungary. Now there you would have a point. That's where the bloody antisemites are having a field day.
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RE: Use Godwin's Law, go to jail
PercySludge 13th Jan 2011
look it up. wink
"Seriously, in Germany, Google Analytics might be made illegal, but prostitution is legal? What is this world coming to? Look, it?s not the legality or even the morality (what does that even mean?)"

Seriously, you want to pass judgement about something that you freely admit you don't even understand? Take a look at your own country... which I assume is the US based on the pattern of your ethnocentricity. You can legally get paid for all sorts of nasty things being done to you on film, that is then made available for sale to anyone, but prostitution is illegal? You can do that at age 18, like you can also vote, but you can't enjoy an alcoholic beverage? Firearms are legal and freely available, but showing a woman's naked breast on prime time television is scandalous?

"People should be free to practice their kinks in safety, whether they be sexual or of the data analysis variety."

And that is exactly the point... for me to practice my kinks in safety means that you should not be allowed to collect and analyze data points associated with me practicing said kinks. Get your data analysis fix anyway you like, but not with my private data.
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Tasteless article with little substance
m.thiessmeier@... 14th Jan 2011
Drawing connections to Germany's past is tasteless and pointless. Germany takes the privacy of its citizens extremely serious. Most common US market research practices are illegal, as is wire tapping or the way the TSA and police in the U.S are treating their own population. Not everyone in the world wants to sign their basic rights away. Land of the free...lol. Living in the U.S for 6 years now i have found out that there is litlte comparison as to how much people are restricted by law in their daily proceedings. Grow up and get some international experience.

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