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this post was submitted on 15 Dec 2023
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Privacy Guides
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One can only hope that we will eventually amend trespass laws to include digital trespassing.
They (manufacturer) would just put it in the ToS that the user grants them that access, because very few actually reads those and just hit Accept.
A proper law/regulation would aim to prevent that. Explicit consent to enter a home must be given, every time. Physically or digitally.
Except the device is already in your home, and most people leave their account logged in. That's basically like you inviting someone into your house, they hang out in your spare bedroom...and they're still there. So no need to re-grant consent to a situation that hasn't changed. Unless you mean it auto-logs out (or you log out) and have to re-grant consent then? Most do require consent on logging in, and the average consumer would hate having to log in every time and would probably use weak passwords because of this.
But, you can at least kick them out (revoke consent).
I just don't see how a proper law/regulation would fix/restrict this, except to make certain personalization attempts (targeted ads) illegal.
People buy products to serve a purpose to themselves and their family, so yes, the device is in their home FOR THEIR USE.
Being logged in isn't an open invitation to be spied, so laws need to address that.
The invite, in this case, is not for a company to spy on you and your family. I don't think anyone would actually want that, especially not for the purpose of targeting them with ads.
People use voice activated devices, which do record and react to voice prompt, but the permission here is given only for that use. A company shouldn't be able to say “hey, you can use the service you've paid for, and by agreeing to use that service, you also agree to give us permission to digitally invade your home and privacy.”
Yes, make it illegal. And make everything opt-in without strings attached (i.e. if you agree to use the service you paid for, you agree to being spied on).
I will personally continue to use my wallet to yield power. I won't buy devices or support companies who are evil, and will support companies who respect privacy and data freedom. The whole enshitification of the digital landscape is incredibly sad to see, TBH.
ToS and EULAs do not override local laws.
I get that, but the person I replied to said "digital trespassing." In my mind, that's like physical trespassing in that they can't enter your house (or collect data) without your consent. But if the EULA has the consent backed in it, the user agrees...then it'll probably be legal.
One of the nice things about GDPR is that the consent must be given freely, with no detriment for refusal.
You can't say "agree to this or you can't use our product".
But then it'll be fine for them to do it because - forgive us our trespasses, as we forgive them that trespass against us
Probably. Can I wake up on a different (better) timeline?!
You can hound your legislators, relentlessly. Will it be effective? 2% chance > 0%.