News Windows 11 Sends Tremendous Amount of User Data to Third Parties, YouTuber Claims

[palladin9479]

I don't disagree, but my example is extreme and ridiculous simply to make the point that there is a line at which an agreement cannot be held to, even if it is agreed to. We can't decide where that line is here, I just wanted to establish that there is one and the claim "It was in the service agreement" is not the final word in a legal sense. What often seems obvious in the law can be subjected to all kinds of legal challenges and can go either way depending on what court it goes before. A lawyer might ask: Did the person fully understand the agreement as stated in the agreement? Does it use legal terms a layperson is not expected to fully understand? Is there some other privacy protection that these terms conflict with? And so on.

Ehh civil law is pretty settled here, at least in the USA. Courts have ruled that as long as the consumer has had the opportunity to review the details of the contract / agreement, that both sides are receiving some sort of compensation and the agreement doesn't violate existing law, then it's a legal and enforceable agreement.

The first stipulation is why everyone product presents this giant multi-page "Terms of Service" to you, and that you must click "Agree" to continue with. The second is why you must click "Agree" to use the product and clicking "Disagree" shuts the product down. Essentially the owner of the production is allowing you to use the product in exchange for you agreeing to their terms, which includes them owning the usage data from that product. That third is where States can get involved, by making it illegal for companies to use your data outside of certain boundaries.

 

[GenericUser]

Yeah, ok with the propaganda, but "the Man" doesn't spy on all of us at once, and not because they don't want to but because it would be so much effort that they would get nothing done.
At the end of the day they still need actual people to look through all of the data to determine if they should do something.

So for them to apply the patriot act to somebody they need to use some criteria.

It's not so much that someone is sitting there actively spying on any one of us. What's happening is a lot of people are simply freely handing over their data to all these companies (whether wittingly or unwittingly) who obviously then store and collect it, buy/sell or trade it, etc. Then, if down the road something happens that makes you become a person of interest to law enforcement, they can then contact these companies to request any information they have on you to see if there's maybe anything they can use to assist them in an investigation of you (parallel construction was a good example for a use of this). They don't need to have someone sitting there actively collecting data on you (or anyone else) all the time, because many people are already doing that part for them by using these devices and services and handing this information over ourselves. You're correct in that you would still need someone to go back through that data to see if there's anything useful in there for an investigation, but that's much less work than actively collecting all of that data on you in the first place (which would require cause and a warrant), and at this point you would already be a target of an investigation as opposed to some random person who may or may not have actually "done something".

 

[Unolocogringo]

I turn off or uninstall everything not needed.
On my phone . Location is off, WiFi and Bluetooth is off if I'm not at home or in the car.
On my pc.
Uninstall or stop everything not needed. Cortana ,One drive,Phone connect,game bar,one note,office ,games and more with Anti Beacon.
I do not have any social media accounts.
To help stop tracking I use Firefox/ Thunderbird with Ghostery and Malware Bytes premium. Don't use POP mail accounts where after 6 months your emails are fair game.
Free cloud storage like one drive,Apple cloud, etc are fair game, you freely gave them this information, they can give it or use it how they want.
You can stop or limit a lot of it. But not completely.
Bout time for me to make another tinfoil hat.😵

 

[TerryLaze]

Then, if down the road something happens that makes you become a person of interest to law enforcement, they can then contact these companies to request any information they have on you to see if there's maybe anything they can use to assist them in an investigation of you

That is what I was saying.
You have to become a suspect first.
They need to get permission to search info about you first.
They DO NOT automatically spy on everybody at once.

and at this point you would already be a target of an investigation as opposed to some random person who may or may not have actually "done something".

Yeah, they need this either way, they can't just ask for the data of anybody without any cause at all.

 

[GenericUser]

Yeah, they need this either way, they can't just ask for the data of anybody without any cause at all.

Right, but the distinction is that the burden of proof and difficulty of obtaining the information they seek is essentially non-existent when they contact a corporation to obtain your data, as opposed to going through the process of obtaining a warrant. It's basically a loophole around ones rights.

If they go before a judge, they need to show that they have strong reason to believe that you did what they think you did, and that obtaining the information they seek about you is directly pertinent and necessary for their investigation. Then if the judge is convinced, they will grant the warrant.

However, if they call one of the these companies instead, they don't really need to say anything other than "Hey can you hand over any information you have on John Doe?". They don't need proof, a compelling argument, or really any justification. While these companies can refuse and instead demand a warrant, a lot of times they don't, or already have premade agreements to hand over this information simply upon request. That's the part everyone is hung up about, that law enforcement can basically circumvent obtaining a warrant by going directly to these companies instead, and it's otherwise completely legal for them to do so, just like the buying and selling of this same data is completely legal.

You're right, it's not that we're all being "auto spied" on or something like that. It's more that many people are unwittingly acting as an intelligence service for law enforcement against themselves by handing over their data to these corporations, where it is free to be bought, sold, traded, stored, and freely handed over to law enforcement upon polite request, if you ever happen to do something down the road that makes you a person of interest to them.