This is a most excellent place for technology news and articles.
If you haven't seen it yet, check out this investigation on Honey (20 minutes, Part 1):
https://m.youtube.com/watch?v=vc4yL3YTwWk
It's fascinating stuff. Open fraud.
I can't speak for formal legal matters (I am assuming such scams are nominally legal in the US), but it goes to show that senior PayPal executives are basically criminals. There is no way they didn't know about this.
I mean, Paypal is a bank that isn't beholden to all the normal bank regulations and customer protection rules due to technicalities. They have been caught effectively seizing customer funds through locking accounts for questionable reasons before, and offer no reasonable way of recovering funds from locked accounts. Numerous stories of people operating online etsy (and similar) storefronts getting accounts locked for vague claims they were actively money laundering, with no means for appeal.
Anyone just now becoming aware of the paypal execs' corruption hasn't been paying attention.
There's a reason that a set of grifters who ran the place is nicknamed "The Paypal Mafia".
I am genuinely concerned about this because Legal Eagle’s suit is directly tied to manipulating URLs and cookies. The suit, even with its focus on last click attribution, doesn’t make an incredibly specific argument. If Legal Eagle wins, this sets a very dangerous precedent for ad blockers being illegal because ad blockers directly manipulate cookies and URLs. I haven’t read the Gamer’s Nexus one yet.
Please note that I’m not trying to defend Honey at all. They’re actively misleading folks.
It could never apply to ad blockers. You install an ad blocker knowing that it will block stuff... and explicitly WANTING it to do so.
Nobody installed honey knowing that it was manipulating cookies and stuff. The normal layperson who installs it will just think "It's just chucking in coupon codes into that box!"...
One is predicated on a lie of omission... the other is literally what the user wants. There's a huge difference...
It could never apply to ad blockers.
I mean it certainly could if it was deemed so broad as "Honey was manipulating affiliate links", but I don't think it would.
Because the courts in America have proven how much they care about rule of law and procedure when it comes to rich offenders lately..
That's like saying bank robberies being illegal mean that going to the bank is illegal.
Honey is unlawful because of what they DO by changing those URLs and cookies, e.g enriching themselves at the expense of creators.
I understand why you would think that, but this is not the case. Not a lawyer though, not legal advice.
There are 2 main types of causes of action for this, let's go over them:
But adblockers don't enable unlawful enrichment. Or do they?
Only paid ones. Theoretically could impact Brave, for instance.
I think it'll be okay, Honey was actually making money from the manipulation without user knowlage.
Adblocks don't make money and users are (should be) aware that tracking links and stuff gets removed.
There is no reason why the complaint can’t be specific to modifying just attribution and commission cookies. And ad blockers mostly work by blackholing DNS request to ad servers and manually editing DOM and removing elements that load content from known ad services. If an ad blocking extension modifies cookies it’s typically just blocking them entirely (something every browser has built in) not editing them.
I use uBlock Origin to remove tracking. I also manually remove tracking. Privacy Badger is a tool that works to explicitly do this kind of tidying.
I think we can agree that modifying a cookie such as that Honey does to steal commissions and blocking a cookie in its entirety as a security or privacy measure are material different actions.
So I find the concerns that Honey getting sued and having to pay damages could open up ad blockers to getting sued overblown.
You can quantify damages equal to the amount of commissions paid on purchases actually made in Honey’s case (and on the consumer side with the difference in discounts provided by Honey withholding the best coupons it claims to provide)
You can’t quantify damages made by blocking ads or tracking cookies as advertisement and tracking doesn’t directly translate to sales
IIRC Legal Eagle is suing on the side of retailers that have been harmed by the plugin, while this one is more on the side of consumers. They still might end up combined.
Shit’s getting real in Honey’s legal department.
In a short 10-15 years we will see a resolution to this case and be able to have closure. A blink of a eye.
