As video-sharing platform YouTube tightens its restrictions on ad blockers, privacy advocates in the European Union are betting that government regulations can put an end to the crackdown. One such privacy expert is Alexander Hanff, who filed a complaint in October with the Irish Data Protection Commission (DPC). He argues that YouTube’s ad blocker detection system is a violation of privacy – a charge Google denies – and illegal under EU law.
Hanff’s complaint is based on the premise that ad blocker detection scripts are spyware, as they gather information from user devices without consent. He said, “AdBlock detection scripts are spyware — there is no other way to describe them, and as such, it is not acceptable to deploy them without consent. I consider the deployment of technology which can be used to spy on my devices unethical and illegal in most situations.” The fight against ad blocker detection is not new, but YouTube’s “global effort” to stop ad blockers has renewed interest in the topic. Sites like YouTube detect ad blockers by either downloading JavaScript code or by identifying whether the elements required to load an ad are blocked.
YouTube started blocking ad blockers as a “small experiment” in June. The company later confirmed its intensified efforts, leading to a higher number of users with ad blockers enabled unable to watch videos on the platform. Instead of showing the video, YouTube displays a prompt that encourages users to either allow ads on YouTube or subscribe to YouTube Premium.
Hanff first raised his concerns about the use of ad blocker detection tools to the European Commission in 2016. In response, the commission confirmed that scripts used to detect ad blockers fall under Article 5.3 of the ePrivacy Directive. However, the European Commission seemed to reverse its stance in a proposed reform of its privacy law in 2017, stating that website providers should be able to check whether a user is using an ad blocker without their approval.
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Hanff’s recent complaint calls upon the DPC to take action against YouTube and stop it from using ad blocker detection tools. He argues that this practice is also a breach of the fundamental right to privacy under the Universal Declaration of Human Rights and other conventions. Hanff says the Irish DPC has already acknowledged his complaint, and he has had a call and “a number of emails” exchanged with them.
Joining the challenge, German digital rights advocate and member of the European Parliament Patrick Breyer is also asking the European Commission about the legality of ad blocker detection systems under the ePrivacy Directive. YouTube spokesperson Christopher Lawton responded by reiterating the statement that YouTube has launched a “global effort” to crack down on ad blockers and will cooperate fully with any questions or queries from the DPC.
If the European Commission finds that YouTube’s ad blocker detection system violates the EU’s ePrivacy Directive, the commission might fine and force the platform to change the feature. Hanff isn’t backing down and says, “If YouTube continues to think they can get away with deploying spyware to our devices, I will bring them down too.”
In conclusion, the conflict between YouTube’s aggressive stance against ad blockers and the concerns of privacy advocates may become an important issue in European regulatory efforts. The outcome might influence the broader discussion about users’ privacy rights and the legality of tracking and ad targeting on digital platforms. It’s an issue that will resonate not only in Europe but around the world as privacy advocates and technology companies continue to navigate the complex legal landscape.
