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How is telemetry not a privacy violation? It's sending back arbitrary data to someone else without explicit authorization. This data can contain anything inclu
by danmg 8y ago
How is telemetry not a privacy violation?
It's sending back arbitrary data to someone else without explicit authorization. This data can contain anything including information about the running environment, the contents of files on the computer, other running programs.
It doesn't matter that it's Microsoft instead of an Estonian teenager doing it. You own your computer. You explicitly decide what data comes from it. NO EXCEPTIONS.
- jhall1468 8y ago> It's sending back arbitrary data to someone else without explicit authorization. You are giving very explicit authorization by agreeing to the EULA. > You own your computer. You explicitly decide what data comes from it. NO EXCEPTIONS. That's still true. And by installing a product and agreeing to a EULA which includes a section on telemetry you are doing just that. Thus, your options are "don't install the software" or "opt-out".
- danmg 8y agoClick through EULAs are not legal documents. This has been established. It's also unlawful under the GDPR.
- blackoil 8y agoDoes telemetry contains any data that comes under GDPR?
- naikrovek 8y agoThey very much are legal documents, and they are binding.
- danmg 8y agoNope. Specht v. Netscape Communications Corp. dealt exactly with this sort of click through 'telemetry'. Doesn't matter if it's in a shrinkwrap license.
- ineedasername 8y agoEh, not quite so clear-cut. There were some big caveats in that decision "clicking on a download button does not show assent to license terms if those terms were not conspicuous and if it was not explicit to the consumer that clicking meant agreeing to the license" [0] It doesn't appear to say clickwraps are non-binding, only that it has to be "conspicuous" and basically that a user knew they were agreeing to something. Unfortunately that too is open to interpretation. As with most things of this nature, if someone wants to sue, they can sue, and it's a resource fight in the courts. [0] https://en.wikipedia.org/wiki/Specht_v._Netscape_Communications_Corp https://en.wikipedia.org/wiki/Specht_v._Netscape_Communicati....
- naikrovek 8y agoYep. I've got an attorney standing right next to me saying they are.
- jhall1468 8y agoYes they are as long as it's clear you are agreeing to something, which is why pop-up EULA's have an I agree button and obligate you to scroll to the bottom. GDPR does not make collecting aggregate data unlawful, so unless you can prove that the data collection is identifiable then GDPR doesn't apply.
- danmg 8y agoIt's impossible to 'anonymize' telemetry data. It's meaningless since it can be 'de-anonymized' usually within a few queries. Claiming that it's 'anonymized' is just a marketing word used by tech companies.
- justinclift 8y ago> You are giving very explicit authorization by agreeing to the EULA. Bullcrap. Many people's Win7 installs were upgraded to Win10 without their consent. To claim otherwise is blatantly dishonest.