Mozilla introduces TOS to Firefox: Difference between revisions
additions on the california consumer privacy act and how these relate to mozilla's current business practices. |
removed two items where I might have misinterpreted the CCPA. In the interest of 100% accuracy, I am only including instances where I am 110% certain that I properly interpreted the text. Tag: 2017 source edit |
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|access-date=1 Mar 2025 | |access-date=1 Mar 2025 | ||
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===Date of effect=== | ===Date of effect=== | ||
It is also worth noting that the announcement of the introduction of the TOS and new privacy policy was made in a blog post one day after the terms and privacy policy are to take effect. No other communication was made to users of the browser as of February 27th 2025. | It is also worth noting that the announcement of the introduction of the TOS and new privacy policy was made in a blog post one day after the terms and privacy policy are to take effect. No other communication was made to users of the browser as of February 27th 2025. | ||
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Before its removal, this is what the section said:<blockquote>Does Firefox sell your personal data? | Before its removal, this is what the section said:<blockquote>''Does Firefox sell your personal data?'' | ||
''Nope. Never have, never will. And we protect you from many of the advertisers who do. Firefox products are designed to protect your privacy. That’s a promise.''</blockquote>Another section Mozilla changed is removing part of the answer to the question "Is Firefox free?". This section concluded with the phrase "and we don’t sell your personal data.". This section has since been removed. | |||
Nope. Never have, never will. And we protect you from many of the advertisers who do. Firefox products are designed to protect your privacy. That’s a promise.</blockquote>Another section Mozilla changed is removing part of the answer to the question "Is Firefox free?". This section concluded with the phrase "and we don’t sell your personal data.". This section has since been removed. | |||
Both of these were present in the FAQ until at least January 30th 2025.<ref name="faq">{{cite web | Both of these were present in the FAQ until at least January 30th 2025.<ref name="faq">{{cite web | ||
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==Mozilla's response== | ==Mozilla's response== | ||
[[File:Firefox-privacy-lawful-bases.png|thumb|Partial screenshot of lawful basis section for data usage from the Firefox privacy policy.]] | [[File:Firefox-privacy-lawful-bases.png|thumb|Partial screenshot of lawful basis section for data usage from the Firefox privacy policy.]] | ||
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==Mozilla’s Business Model & Potential CCPA Violations== | ==Mozilla’s Business Model & Potential CCPA Violations== | ||
Before the Terms of Use update, Mozilla publicly stated that it did not & would never sell user data. However, under the California Consumer Privacy Act (CCPA), some of Mozilla’s existing business practices may have legally qualified as "selling data." While there is no confirmed evidence that Mozilla violated the CCPA, their data-sharing practices placed them in a legally gray area. | Before the Terms of Use update, Mozilla publicly stated that it did not & would never sell user data. '''However, under the California Consumer Privacy Act (CCPA), some of Mozilla’s existing business practices may have legally qualified as "selling data."''' While there is no confirmed evidence that Mozilla violated the CCPA, their data-sharing practices placed them in a legally gray area. | ||
===Potential CCPA Compliance Issues Before the TOU Update=== | ===Potential CCPA Compliance Issues Before the TOU Update=== | ||
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*'''Search Engine Partnerships (Google, Bing, Yandex, etc.)''': Mozilla’s largest revenue source comes from deals with search engines like Google, which pay Mozilla to be Firefox’s default search provider. <ref>https://assets.mozilla.net/annualreport/2022/mozilla-fdn-2022-fs-final-0908.pdf</ref> <ref>[[:File:Mozilla-fdn-2022-fs-final-0908.pdf]]</ref>These deals involve sending search query data to search partners. Under the CCPA, if Mozilla transmitted search data in exchange for financial compensation, this could be classified as a ''"sale of data."'' '''This is a practice that Mozilla had already been openly taking part in.''' | *'''Search Engine Partnerships (Google, Bing, Yandex, etc.)''': Mozilla’s largest revenue source comes from deals with search engines like Google, which pay Mozilla to be Firefox’s default search provider. <ref>https://assets.mozilla.net/annualreport/2022/mozilla-fdn-2022-fs-final-0908.pdf</ref> <ref>[[:File:Mozilla-fdn-2022-fs-final-0908.pdf]]</ref>These deals involve sending search query data to search partners. Under the CCPA, if Mozilla transmitted search data in exchange for financial compensation, this could be classified as a ''"sale of data."'' '''This is a practice that Mozilla had already been openly taking part in.''' | ||
*'''Sponsored Content & Ads in the New Tab Page''': Mozilla’s New Tab page displays sponsored content and ads, which involve user interaction data being shared with third-party ad networks.<ref name="tos-update">{{cite web | *'''Sponsored Content & Ads in the New Tab Page''': Mozilla’s New Tab page displays sponsored content and ads, which involve user interaction data being shared with third-party ad networks.<ref name="tos-update">{{cite web | ||
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Mozilla’s sudden change to its Terms of Use & Privacy Policy can be viewed as hedges to Mozilla's legal risks & exposure under the California Consumer Privacy Act (CCPA), rather than an admission of wrongdoing. | Mozilla’s sudden change to its Terms of Use & Privacy Policy can be viewed as hedges to Mozilla's legal risks & exposure under the California Consumer Privacy Act (CCPA), rather than an admission of wrongdoing. | ||
*'''Legal Definitions of "Selling Data" Under the CCPA Are Broad''': | *'''Legal Definitions of "Selling Data" Under the CCPA Are Broad''': As noted above, the CCPA's definition encompasses many data-sharing practices that may not align with common understanding of "selling data".<ref name="ccpa" /> Even if Mozilla was not directly selling user data, its search partnerships, telemetry data sharing, & sponsored content could have been interpreted as data sales if Mozilla received any financial benefit from them, '''all of which were actions that Mozilla has already been transparent & upfront about''' | ||
*''' | *'''Mozilla's Search Engine Deals Could Be Considered Data Sales''': As mentioned earlier, these partnerships could legally qualify as data sales under the CCPA definition, despite being an existing part of Mozilla's business model that consumers are already aware of.<ref name="tos-announce" /> | ||
*'''Sponsored Content in Firefox’s New Tab Page Involves Data Exchange''': Mozilla displays sponsored content and ads on the Firefox New Tab page, which may involve user interaction data being shared with advertisers.<ref name="tos-update">{{cite web | *'''Sponsored Content in Firefox’s New Tab Page Involves Data Exchange''': Mozilla displays sponsored content and ads on the Firefox New Tab page, which may involve user interaction data being shared with advertisers.<ref name="tos-update">{{cite web | ||