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Government Fails to Enforce Privacy, Telecommunication, and Consumer Laws Meant to Protect Citizens

Government Fails to Enforce Privacy, Telecommunication, and Consumer Laws Meant to Protect Citizens

Commentary

This text is a part of a collection on company surveillance highlighting civil liberty, privateness, cyber safety, security, and tech-product consumer exploitation threats related to related merchandise which are supported by the Android (Google) OS, Apple iOS, and Microsoft Home windows OS.

Knowledge-driven know-how suppliers corresponding to Google, Apple, Microsoft, Amazon, Fb, and Baidu know that a smartphone is the gateway to an individual’s private and skilled life. 

These corporations additionally know that a beneficial commodity within the type of private and skilled digital DNA is produced when the smartphone proprietor makes use of the system for private and skilled functions.

The collective telecom-related digital DNA produced by telecom subscribers (“paying customers,” each particular person and enterprise) and approved gadget customers (spouses, youngsters, staff) all over the world is value billions, if not trillions, of dollars.

It’s dangerous sufficient to lose privateness, however to be exploited for monetary achieve on the expense of civil liberties, privateness, cyber safety, and security ought to be unacceptable to anybody utilizing social media providers coupled with a smartphone, pill, PC, or related product supported by the Android, Apple, and Microsoft Home windows working techniques.

As mentioned within the final article “When Smartphone Terms of Use Become Cyber-Enslavement Agreements,” T-Cellular and Verizon have admitted that smartphones and related merchandise supported by the Android OS, Apple iOS, or Microsoft Home windows OS will not be personal, safe, or protected types of telecommunications and computing.

Moreover, a former senior government and co-founder of Fb, Sean Parker, and a former product designer for Google, Tristan Harris, have each publicly admitted that Fb and Google deliberately develop addictive know-how so as to exploit the product consumer for monetary achieve, even on the expense of the consumer’s privateness and security.

As I’ll clarify under, it’s clear that the Federal Commerce Fee (FTC), Federal Communications Fee (FCC), state attorneys common, regulation makers, and telecom suppliers reminiscent of AT&T usually are not defending people, youngsters, or enterprise professionals from corporations that make use of surveillance and data-mining enterprise practices that would deliver hurt to the social media consumer, smartphone consumer (telecom subscriber), and connected-product consumer.

It’s important that product house owners and customers perceive privateness, telecommunication, and shopper legal guidelines to understand how to shield their rights.

You Have Rights!

Most individuals view their smartphone inside the bubble of consumerism and leisure, forgetting that additionally they use the gadget for extremely confidential telecommunications and computing related to their private and skilled lives.

I consider that it is vital for smartphone house owners to perceive that a smartphone is a cellphone with an built-in pc that types a “protected telecom product.”

Lest we overlook, smartphones are supported by a protected telecommunication infrastructure ruled by the FCC inside america. 

Understanding that a smartphone is a protected telecom-related system is related to understanding your rights related to protected telecom infrastructure.

Protected telecom infrastructure signifies that telecom subscribers (“paying customers”) and approved gadget customers (spouses, youngsters, staff, and so on.) are protected towards unauthorized surveillance and knowledge mining carried out by state actors (overseas or home), people, and personal entities.

Because of this if corporations reminiscent of Google and Apple have been state actors, then all corporations involved would wish a warrant from a home decide or a Overseas Intelligence Surveillance Courtroom so as to lawfully surveil and knowledge mine a telecom subscriber or approved gadget consumer.

Knowledge-driven know-how suppliers similar to Google and Baidu use intrusive content material reminiscent of apps supported by exploitative phrases of use as a way to lawfully surveil and knowledge mine telecom subscribers and gadget customers by way of protected telecom-related merchandise comparable to a smartphone.

Being that Baidu is a Chinese language firm and enabled by Google to surveil U.S. residents by way of smartphones, there could also be violations relating to a U.S. telecom subscriber and approved gadget consumer’s civil liberties that want to be addressed by the FCC, FTC, Division of Homeland Safety (DHS), Division of Justice, and different related businesses due to Baidu’s relationship with the Chinese language authorities.

It must be unlawful for any state actor (overseas or home) to have the ability to surveil and knowledge mine telecom subscribers and approved gadget customers by means of partnerships with corporations resembling Google, Apple, or Microsoft, who management entry to smartphones and different related merchandise.

The FTC, FCC, DHS, state attorneys basic, and regulation makers want to examine partnerships between working system builders resembling Google and corporations (e.g. Baidu) from nations similar to China due to civil liberty, privateness, cyber safety, and security threats posed to U.S. residents, youngsters, and enterprise professionals.

Permitting any firm from an adversarial nation reminiscent of China to monitor, monitor, and knowledge mine U.S. residents by way of protected telecom-related merchandise is an existential menace to the USA, together with the financial system.

Individuals want to understand that they’re utilizing their smartphones for confidential and protected telecommunications and computing related to their private and skilled lives.

Confidential and protected telecommunications and computing is ruled by confidentiality agreements, non-disclosure agreements, business and federal cyber safety requirements, federal info processing requirements, and confidentiality legal guidelines that govern medical info, shopper–lawyer privilege, and categorised info.

Individuals who work inside a confidential and protected surroundings want to concentrate on the truth that a smartphone isn’t a personal, safe, or protected type of telecommunications and computing, in accordance to admission made by T-Cellular and Verizon.

Who’s Defending Us? 

Whereas working for a U.S. protection contractor, I analyzed the intrusive pre-installed content material that supported a Samsung Galaxy Observe smartphone that I had bought from T-Cellular due to civil liberty, privateness, cyber safety, security threats to the tech-product consumer.

I learn the phrases of use that supported the Galaxy Word, which additionally uncovered potential violations of shopper legal guidelines related to fraud inducement, unfair enterprise practices, and misleading commerce practices.

Because of my findings, I had additionally analyzed a number of different Samsung smartphones and Apple iPhones that I had bought at AT&T and T-Cellular for my spouse, youngsters, and myself to use personally and professionally.

In mild of the threats and potential violations of shopper legal guidelines related to all merchandise involved, I filed formal complaints with my service suppliers, which included AT&T, T-Cellular, Samsung, Google, and Apple. 

The complaints that I filed with all service suppliers involved have been centered on transparency with regard to surveillance and knowledge mining enterprise practices employed.

Up to now, all service suppliers involved haven’t addressed my complaints, questions, or considerations, although all service suppliers have a obligation to tackle my complaints since I’m a telecom subscriber (paying buyer).

Due to a scarcity of regard for the privateness and security regarding my spouse, youngsters, and myself, I had no different various however to file formal complaints towards all service suppliers involved with the FTC, FCC, and state attorneys basic (Texas, California, and Washington). 

All state attorneys common and businesses involved have additionally failed to adequately reply to the collective complaints that I’ve filed, although I’ve submitted bodily proof related to a number of studies which have uncovered potential violations of shopper legal guidelines dedicated by all events involved.

It has been surprising to understand that the FTC, FCC, and state attorneys basic won’t affirm if they’re investigating the potential violations of shopper legal guidelines that I’ve introduced to their consideration, particularly since I backed my claims and complaints with arduous knowledge, info, and photographic proof within the type of reviews and evaluation.

Shoppers Want Assist!

My findings, coupled with the collective admissions made by all events involved, have established that smartphones and related merchandise are usually not personal, safe, or protected types of telecommunications and computing.

Predatory surveillance and data-mining enterprise practices have put people, youngsters, and enterprise professionals in hurt’s method due to addictive, intrusive, exploitative, and dangerous content material that helps smartphones and related merchandise normally.

Citizens, youngsters, and enterprise professionals want the FTC, FCC, telecom suppliers, state attorneys basic, and regulation makers to implement laws and cross legal guidelines that may shield telecom subscribers, approved gadget customers, and connected-product customers from predatory surveillance and data-mining enterprise practices.

Till laws and legal guidelines are handed, corporations reminiscent of Google, Apple, Microsoft, Amazon, Fb, and Baidu will proceed to exploit tech-product customers for monetary achieve on the expense of the consumer’s civil liberties, privateness, cyber safety, and security.

Sadly, incidents relating to abuse, negligence, and dangerous use of private and skilled digital DNA are being uncovered by information reviews on a weekly foundation.

If you don’t consider you’re in hurt’s method, please learn my subsequent article “Harmful Use of Sensitive Smartphone User Data—Digital DNA,” coming quickly.

Rex M. Lee is a privateness and knowledge safety advisor and Blackops Companions analyst and researcher. www.MySmartPrivacy.com

Views expressed on this article are the opinions of the writer and don’t essentially mirror the views of The Epoch Occasions.