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Often it’s not. Back when Sony put a Windows rootkit on autorun on music CDs just in case someone wanted to rip a FLAC, that was a felony violation of the CFAA
by cestith 1y ago
Often it’s not. Back when Sony put a Windows rootkit on autorun on music CDs just in case someone wanted to rip a FLAC, that was a felony violation of the CFAA in the US. The big difference is consent. If I use your app to watch a game and the conditions of using your app include giving you microphone access, that’s legal. If you breach my phone to turn on the mic and listen to me, that’s illegal.
- codedokode 1y agoSo if someone for example, adds a statement to T&C that as a payment for use of software, the user consents to collecting of a sequence of pressed keys (including 16-digit numbers) and selling them on the black market to whoever is interested, it becomes legal?
- cestith 1y agoWhere did I say that?
- john01dav 1y agoCalling something like that "consent" when it's the only (legal) way to obtain specific services is extremely dubious. A much more rigorous definition of "consent" is generally enforced in cases where the ruling class doesn't gain by having such consent.
- cestith 1y agoI agree it’s dubious. In the US cases have happened in which onerous requirements in shrink-wrap agreements were thrown out. I have no idea about Spain, but I’m betting asking for that permission in the phone app and getting it approved by the user is legally sufficient to at least make the company comfortable doing so. It may be a bold legal stance they’ll regret later, but if I took a guess I’d say this will get controlled by legislation rather than a court unless the country just wants to slide further into corporate control.