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Fuzzyglass

09 Mar

Legally Speaking My Phone is Me

I have always loved technology.  When I was just a dirty haired kid growing up in Pennsylvania I couldn’t get enough of tech.  I was the kid who took apart his perfectly working flip style digital alarm clock and put it back together minus a couple of missing half numbers.  If you are old enough to remember those fun devices you remember a time when technology was all about making everyone’s life easier.  The products that where produced could be bought and used without any further cost being incurred by the purchaser.  Boy those where the days.  I long for those days.  I remember recording music off of the radio onto cassette tapes.  I remember 8-tracks, Oh my wasn’t that fun technology.  In high school I was introduced to the Radio Shack Tandy Model I and Model II.  Wow, I couldn’t believe the power that I had in my hands.  These where beasts of machines.  If memory serves me correctly they rocked 16kb yes Kilobytes of memory, no floppy and a monochrome 9 or 10″ screen.  It was programmed in Basic.  You saved your programs on cassette tapes,  yes as basically audio files.  To reload your programs the next time you had to have an index of where on the tape your program started via a 3 digit not very accurate rolling counter.  Type CLOAD at the prompt, press play on the cassette and pray.  Sometimes it took several times.  But Wow, it was fun.  I was hooked.  I created all sorts of programs that did all sorts of things.  I even dabbled in creating a Stratego game, you against the computer.  I never finished that one but it was just great.

Fast forward to College and I purchased an HP-41CX.  This is in my opinion the best calculator every made bar none.  The Reverse Polish notation, modules, expansion ports, external card readers, printers and a whole hardware based system of cables and software that could control almost any laboratory device from the calculator and you had one spectacular piece of technology.  I programmed this device during my college years to solve almost any large math problem I came upon.  It was fantastic.  I of course had to show my work but after programming a computer to solve a complex math problem I could do the problems without hesitation and simply used the 41CX as a check to my work.  Unbelievably useful.  To keep with my game programming theme.  I created a program for my 41CX that allowed the user to play Monopoly without any money and it forced everyone to follow the rules, knew the board, where everyone was.  The only thing missing was the Free Parking function.

During this entire time the technology was built for ease of use, the consumer and longevity.  I would argue that today our devices are built by the overlords, given to us for free for the supposed great deal of allowing the overlords to track us so they can know us better, help us.  Hogwash.  It’s all crap and I’m tired of it.  I want a phone that doesn’t transmit my every move to 27 affiliated companies and data brokers.

But hey I’m realistic and those days are long gone.   For those who would say well then don’t use a smart phone.  Ya right that’s a great choice and is short sighted.  While I may be able to get by without a cell phone, in the comping years everything we purchase will be doing this.  My car already does.  Next up the Internet of Things (IoT).  Get ready this should be called “Give us your data so we can get rich using it instead of you”  All that being said I think the pendulum will tip and some products may still be created that are for the “rest of us” that don’t desire a free product in exchange for my life stream.

What I do want is for the court system to catch up and understand that if are devices are going to report to big brother, the overlords, the government and anyone else that gets included in the fine print, that these devices are an extension of my self,  That is my self with a space.  And as such none of the data can ever be used against me because of a simple constitutional amendment labeled #5, as in the 5th.  Currently this is not the case.  Companies, Police, Governments, Insurance Companies and god knows who else are using our information against us.  We may not see external actions, we may not be able to point and prove anything, but I’m telling you that I think they are going way overboard.  They hide behind master plans who’s sole purpose is to hide the fact that they are pimping us out, making money and decisions based on data generated by us, all the while being able to claim a privacy policy stands and compliance that is worthless.

I’ve included some links and snippets.

The Fifth Amendment – http://www.uscourts.gov/educational-resources/get-involved/constitution-activities/fifth-amendment.aspx

  • “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Wikipedia Article – https://en.wikipedia.org/wiki/Self-incrimination

  • Self-incrimination is the act of exposing oneself (generally, by making a statement) “to an accusation or charge of crime; to involve oneself or another [person] in a criminal prosecution or the danger thereof.”[1] Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; indirectly, when information of a self-incriminatory nature is disclosed voluntarily without pressure from another person.
Mobile Operators

Verizon Wireless – Customer Proprietary Network Information (CPNI) for Consumers : http://www.verizonwireless.com/b2c/globalText?contentType=Legal%20Notice&textId=181

  • In addition, we can disclose your CPNI to comply with any laws, court order or subpoena, or to provide services to you pursuant to your Customer Agreement

ATT Wireless – Privacy Policy : http://www.att.com/Common/about_us/privacy_policy/print_policy.html

  • Web Browsing & Wireless Application Information tells us about the websites you visit and the mobile applications you use on our network;
  • Location Information tells us where your wireless device is located, as well as your ZIP-code and street address;
  • We collect it from how you use our products and services;
  • Other sources, like credit agencies, marketing companies, and other service providers, provide it to us.
  • “Do Not Track” Notice: Because the providers of “do not track” and similar signals do not yet operate according to common, industry-accepted standards, AT&T currently does not respond to those signals.

T-Mobile – Privacy Policy : http://www.t-mobile.com//company/website/privacypolicy.aspx

  •  Personal Information. Personal information means information we directly associate with a specific person, for example your name, address or email address.
  • Network and Device Information. We may collect information about your use of your device and our network, WiFi usage, and performance information, as well as data relating to your use of our website, applications and other products and services.
  • Information We Collect Automatically. We automatically collect a variety of information associated with your use of your device and our products and services, some of which may be associated with you or another user on your account.
  • Acquisitions. We may also transfer your information in a corporate business transaction, such as a merger or acquisition.
  • De-Identified Data. We may provide your de-identified information to third parties for marketing, advertising, or other purposes.
    • We may automatically collect your information when you use your mobile device or our products, services, or websites, including:
      • You phone number and device identifier.
      • The location of your device on our network and the GPS location of your device.
      • Details about calls and text messages you send and receive, such as the time, date and phone number you are calling.
      • Details about your use of our data services, including data used and remaining on your plan.
      • Information on the use of other data services, such as ringtone and application purchases.
    • Cookies and Web Beacons. We may also collect information about you by using cookies, web beacons or similar technologies when you visit our websites or access the Internet through our services or devices. Examples of the types of information collected include:
      • IP address, browser type, date, and time.
      • Web page(s) visited.
      • Routing information when using our services to access the Internet at T-Mobile HotSpot or from your wireless device.
      • If you use a voice-controlled application, that application may collect your requests and other information from your phone in order to work.
    • Device Performance. We may collect and report performance and diagnostic data from your device, including information about your use of applications on your device, such as the fact that an application has been added, when an application is launched or fails to launch, length of time an application has been running, and battery strength.
    • Web Browsing Activity
      • Our Websites. When accessing our websites, mobile websites, applications and widgets designed for your device or web-based experience, we automatically collect certain information about your device and your visit, such as your IP address, browser type, date and time, the web page you visited before visiting our website, your activities and purchases on our websites, and other analytical information associated with the sites.
      • Other Websites. When your device’s Web browser utilizes our data services to access websites other than our own, we automatically capture information associated with your browsing activities, and measure and monitor network and Internet connection performance, throughput, latency, and similar network data.
      • Do Not Track Policy. Some browsers have incorporated “Do Not Track” features. Because there is not yet a common understanding of how to interpret the DNT signal, we do not currently respond to the browser DNT signals when you use our services and products or interact with our websites or online services. We do, however, allow you to exercise choice regarding the collection of information by third parties about your online activities over time and across third-party websites or online services for online interest based advertising purposes and to opt out of our interest-based advertising on your device, as described below.
    • Voice-Controlled Apps. If you use a voice-controlled application, that application may collect your request and other information from your phone in order to work.

Sprint – Privacy Policy : http://www.sprint.com/legal/privacy.html

  •  MPORTANT NOTICE: Sprint’s opt-in Mobile Advertising program, which allows Sprint to use information it collects to provide service to you to make the ads you see on your device more relevant, and Sprint’s opt-out Reporting and Analytics program, which creates and shares certain business and marketing reports, are governed by this privacy policy. We do not share any information that identifies you personally under either of these programs. For detailed information on these programs and to learn how to opt in or out, please visit sprint.com/privacy.
  • Information that we automatically collect. We automatically receive certain types of information whenever you use our Services. We may collect information about your device such as the type, version of operating system, signal strength, whether it is on and how it is functioning, as well as information about how you use the device and services available through it, such as your call and data usage and history, your location, web sites you have visited, applications purchased, applications downloaded or used, and other similar information. We may link information we automatically collect with personal information, such as information you give us at registration or check out. We may use systems or tools to follow your use of our Services and other applications, including using cookies, web beacons and other mechanisms, along with analysis of network and device information. For example, we allow collection by analytic service provider(s) of site click-stream and cookie data to help us track aggregate and individual use of our Services. We sometimes use cookies to enable features on our sites, such as the ability to save your shopping cart or set preferences. Advertisers and advertising networks that serve ads on our sites may also use their own mechanisms, including cookies. These third party cookies or tools are governed by the privacy policies of the entities placing the ads and are not subject to this Policy.
  • Affiliates. We may share personal and non-personal information with affiliated entities for approved business purposes.
  • Service Providers. We may share personal information with third parties who perform services on our behalf.

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