Use Google Analytics, go to jail

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.

Topics: Google, Banking

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29 comments
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  • RE: Use Google Analytics, go to jail

    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.
    alsobannedfromzdnet
    • THIS!

      @alsobannedfromzdnet

      Ahh so true. I laughed my a$$ off at that!
      maclovin
      • RE: Use Google Analytics, go to jail

        @maclovin

        When "sorry" just isn't enough.
        alsobannedfromzdnet
  • A few things....

    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....."
    maclovin
  • RE: Use Google Analytics, go to jail

    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.
    dbsteele@...
    • RE: Use Google Analytics, go to jail

      @dbsteele@... <br><br>Wonder if the writer is FROM Europe? <br><br>

      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.
      maclovin
    • RE: Use Google Analytics, go to jail

      @dbsteele@...

      Sorry, but everyone doesn't have to be a sick as you MFer are.
      sackbut
    • RE: Use priggish innuendo, go to jail!

      @dbsteele@... + @sackbutt@<br>Ahh, America. They are always fascinating.<br>Bill Clinton gets a BJ, they (Starr Chamber court) almost impeach him. <br>But GWB invades Iraq under false pretences and causes 500,000 deaths (incl 4000+ Americans)? Hey, no problem!
      PercySludge
      • Sure. No problem

        @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! ]:)
        John Zern
      • Not everybody went to Iraq

        @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.
        snberk341
  • RE: Use Google Analytics, go to jail

    Nice hit piece, Dave. Ein prosit.
    ejhonda
  • RE: Use Google Analytics, go to jail

    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.
    egidiocs
  • RE: Use Google Analytics, go to jail

    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! ;-)
    aureolin
  • RE: Use Google Analytics, go to jail

    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.
    Whitworthian
    • RE: Use Google Analytics, go to jail

      @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.
      tkejlboom
  • What's not so well known is that ...

    ... 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.
    Gaius_Maximus
    • That's Crazy.

      @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?
      steve_jonesuk@...
    • RE: You want crazy? Go to jail

      @Gaius_Maximus <br>Germany is indeed terrible!<br>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.<br>That is Germany, right? Those crazy krauts! ;-) <br><br>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! <br>Go figure!<br> (Sorry for the digression)
      PercySludge
      • Now now, Sweden has to uphold its laws

        @PercySludge ... like the one saying consensual sex without a condom is a high crime - notwithstanding all the parents walking around free.
        HollywoodDog
      • RE: Use Google Analytics, go to jail

        @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.
        alsobannedfromzdnet