Telemetry is exceedingly useful, and it's basically a guaranteed boon when you operate your own systems. But telemetry isn't essential, and it's not the heart of the matter I was addressing. Again, the crux of this is consent, as an imbalance of power easily distorts the nature of consent.

Suppose Chrome added new telemetry, for example, like it did when WebRTC was added in Chrome 28, so we really can just track this against something we're all familiar (enough with). When a user clicks "Update", or it auto-updated and "seamlessly" switched version in the background / between launches, well, did the user consent to the newly added telemetry?

Perhaps most importantly: did they even know? After all, the headline feature of Chrome 28 was Blink, not some feature that had only really been shown off in a few demos, and was still a little while away from mass adoption. No reporting on Chrome 28 that I could find from the time even mentions WebRTC, despite entire separate articles going out just based on seeing WebRTC demos! Notifications got more

So, capabilities to alter software like this are, knowingly or unknowingly, undermine the nature of consent that many find implicit in downloading a browser, since what you download and what you end up using may be two very different things.

Now, let's consider a second imbalance. Did you even download Chrome? Most Android devices often have it preinstalled, or some similar "open-core" browser (often a Chromium-derivative). Some are even protected from being uninstalled, so you can't opt out that way, and Apple only just had to open up iOS to non-Safari backed browsers.

So the notion of consent via the choice to install is easily undermined.

Lastly, because we really could go on all day with examples, what about when you do use it? Didn't you consent then?

Well, they may try to onboard you, and have you pretend to read some EULA, or just have it linked and give up the charade. If you don't tick the box for "I read and agree to this EULA", you don't progress. Of course, this is hardly a robust system. Enforceability aside, the moment you had it over to someone else to look at a webpage, did they consent to the same EULA you did?

... Basically, all the "default" ways to consider consent are nebulous, potentially non-binding, and may be self-defeating. After all, you generally don't consent to every single line of code, every single feature, and so on, you are usually assumed to consent to the entire thing or nothing. Granularity with permissions has improved that somewhat, but there is usually still a bulk core you must accept before everything else; otherwise the software is usually kept in a non-functional state.

I'm not focused too specifically on Chrome here, but rather the broad patterns of how user consent typically assumed in software don't quite pan out as is often claimed. Was that telemetry the specific reason why libwebrtc was adopted by others? I'm not privy to the conversations that occurred with these decisions, but I imagine it's more one factor among many (not to mention, Pion is in/for Go, which was only 4 years old then, and the pion git repo only goes back to 2018). People were excited out of the gate, and libwebrtc being available (and C++) would have kept them in-step (all had support within 2013). But, again, really this is nothing to do with the actual topic at hand, so let's not get distracted.

The user has no opportunity to meaningfully consent to this. Ask most people about these things, and they wouldn't even recognise the features by now (as WebRTC or whatever is ubiquitous), let alone any mechanisms they may have to control how it engages with them.

Yet, the onus is put on the user. Why do we not ask about anything/anyone else in the equation, or consider what influences the user?

A recent example I think illustrates the imbalance and how it affects and warps consent is the recent snafu with a vending machine with limited facial recognition capabilities. In other words, the vending machine had a camera, ostensibly to know when to turn on or not and save power. When this got noticed at a university, it was removed, and everyone made a huge fuss, as they had not consented to this!

What I'd like to put in juxtaposition with that is how, in all likelihood, this vending machine was probably being monitored by CCTV, and even if not, that there is certainly CCTV at the university, and nearby, and everywhere else for that matter.

So what changed? The scale. CCTV everywhere does not feel like something you can, individually, do anything about; the imbalance of power is such that you have no recourse if you did not consent to it. A single vending machine? That scale and imbalance has shifted, it's now one machine, not put in place by your established security contracts, and not something ubiquitous. It's also something easily sabotaged without clear consequence (students at the university covered the cameras of it quite promptly upon realising), ironically, perhaps, given that this was not their own property and potentially in clear view of CCTV, but despite having all the same qualities as CCTV, the context it embedded in was such that they took action against it.

This is the difference between Chrome demanding user consent and someone else asking for it. When the imbalance of power is against you, even just being asked feels like being demanded, whereas when it doesn't quite feel that way, well, users often take a chance to prevent such an imbalance forming, and so work against something that may (in the case of some telemetry) actually be in their favour. However, part and parcel with meeting user needs is respecting their own desires -- as some say, the customer is always right in matters of taste.

To re-iterate myself from before, there are other ways of getting profiling information, or anything you might relay via telemetry, that do not have to conform to the Google/Meta/Amazon/Microsoft/etc model of user consent. They choose the way they do because, to them, it's the most efficient way. At their scale, they get the benefits of ubiquitous presence and leverage of the imbalance of power, and so what you view as your system, they view as theirs, altering with impunity, backed by enough power to prevent many taking meaningful action to the contrary.

For the rest of us, however, that might just be the wrong way to go about it. If we're trying to avoid all the nightmares that such companies have wrought, and to do it right by one another, then the first step is to evaluate how we engage with users, what the relationship ("contract") we intend to form is, and how we might inspire mutual respect.

In ethical user studies, users are remunerated for their participation, and must explicitly give knowing consent, with the ability to withdraw at any time. Online, they're continually A/B tested, frequently without consent. On one hand, the user is placed in control, informed, and provided with the affordances and impunity to consent entirely according to their own will and discretion. On the other, the user is controlled, their agency taken away by the impunity of another, often without the awareness that this is ongoing, or that they might have been able to leverage consent (and often ignored even if they did, after all, it's easy to do so when you hold the power). I know which I'd rather be on the other end of, at least personally speaking.

So, if we want to enable telemetry, or other approaches to collaborating with users to improve our software, then we need to do just that. Collaborate. Rethink how we engage, respect them, respect their consent. It's not just that we can't replicate Google, but that maybe we shouldn't, maybe that approach is what's poisoned the well for others wanting to use it, and what's forcing us to try something else. Maybe not, after all, that's not for us to judge at this point, it's only with hindsight that we might truly know. Either way, I think there's some chance for people to come in, make something that actually fits with people, something that regards them as a person, not simply a user, and respects their consent. Stuff like that might start to shift the needle, not by trying to replace Google or libwebrtc or whatever and get the next billion users, but by paving a way and meeting the needs of those who need it, even if it's just a handful of customers or even just friends and family. Who knows, we might start solving some of the problems we're all complaining about yet never seem to fix. At the very least, it feels like a breath of fresh air.