Privacy (at least some) should be a Human Right in Second Life, too!
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Duntroon Donburi
Registered Noob
Join date: 16 Jun 2006
Posts: 129
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08-07-2006 09:38
From: Jack Harker Permission for this sort of thing is given to Linden Labs, who I trust to act with some discretion and tact, and mostly use it in an agragate form internally, without names.
just to play devil's advocate here.... in another thread you offered to provide a script that will gather information for a store owner about who comes to their shop. How is this any different?
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Arctic Fox
Registered User
Join date: 9 Mar 2005
Posts: 9
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08-07-2006 09:42
Actually the issue is this:
SLstats.com thinks it's OK to do whatever they want with regards to tracking, monitoring and recording the movements of everyone in SL and making that information available to whomever they want at their sole discretion.
According to their practices unless everyone in Second Life specifically follows their procedures to 'opt out' they can do what they want.
I say that unless *I* say it's OK to track my movements, monitor what I'm doing and who I meet, and otherwise invade my privacy it is NOT OK for SLstats.com or anyone other than Linden Labs to do so.
To use your gun analogy as applied to this issue, SLstats.com is in essence saying it's perfectly OK to show up with a gun and go hunting, track, and shoot whatever animal they please on YOUR land or around you WITHOUT asking your permission first. Without even warning you this is what they're doing!
To put it bluntly, SLstats.com states that unless YOU contact THEM and follow THEIR procedures to 'opt out' (contact them begging to be excluded from tracking and be forced to use a special object to prevent you from being monitored) they give themselves the right to continue doing as they please (ie. 'using spyware on you).
Any company that wants to invade MY privacy can come ask ME for my consent BEFORE doing so. Anyone who doesn't will be Abuse Reported to Linden Labs. Period.
- Arctic Fox
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Ceera Murakami
Texture Artist / Builder
Join date: 9 Sep 2005
Posts: 7,750
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08-07-2006 09:53
From: Duntroon Donburi just to play devil's advocate here.... in another thread you offered to provide a script that will gather information for a store owner about who comes to their shop. How is this any different? Does taht store script also publish that information to a website for anyone to see, or even for a list of subscribers to see? Does it also track every other place that you go, possily in your own home, and report what other individuals you 'meet'? A script that tells a store owner who came to his shop is relatively harmless. It makes no assumptions about what it is collecting, or who else those people interacted with. I would expect the store script's data is only accessible to the store owner.
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Sorry, LL won't let me tell you where I sell my textures and where I offer my services as a sim builder. Ask me in-world.
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Duntroon Donburi
Registered Noob
Join date: 16 Jun 2006
Posts: 129
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08-07-2006 10:05
From: Ceera Murakami Does taht store script also publish that information to a website for anyone to see, or even for a list of subscribers to see? Does it also track every other place that you go, possily in your own home, and report what other individuals you 'meet'? A script that tells a store owner who came to his shop is relatively harmless. It makes no assumptions about what it is collecting, or who else those people interacted with. I would expect the store script's data is only accessible to the store owner. so some data gathering is more equal than others? you can't be half pregnant - you are either against data gathering or you arent. 
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She moves among the sparrows And she walks across the sea She moves among the flowers And she moves something deep inside of me
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Nyx Divine
never say never!
Join date: 11 Dec 2004
Posts: 1,052
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08-07-2006 10:08
From: Duntroon Donburi so some data gathering is more equal than others? you can't be half pregnant - you are either against data gathering or you arent.  Oh I completely disagree. Prizeballs and payballs for instance collect data as to whom is in the vacinity. HARDLY the same thing.
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Yes Virginia there is an FIC!
If someone shows you who they are.....believe them! Don't be afraid to go out on a limb, because that's where the fruit is!
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Duntroon Donburi
Registered Noob
Join date: 16 Jun 2006
Posts: 129
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08-07-2006 10:14
From: Nyx Divine Oh I completely disagree. Prizeballs and payballs for instance collect data as to whom is in the vacinity. HARDLY the same thing. well like I said I am just playing devil's advocate and yes your are right, but where do we draw the line though?
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She moves among the sparrows And she walks across the sea She moves among the flowers And she moves something deep inside of me
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Nyx Divine
never say never!
Join date: 11 Dec 2004
Posts: 1,052
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08-07-2006 10:21
From: Duntroon Donburi well like I said I am just playing devil's advocate and yes your are right, but where do we draw the line though? When a mob of folks start bitching? That was a joke people 
_____________________
Yes Virginia there is an FIC!
If someone shows you who they are.....believe them! Don't be afraid to go out on a limb, because that's where the fruit is!
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Showdog Tiger
Registered User
Join date: 30 Nov 2005
Posts: 404
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Game
08-07-2006 10:32
Dearly Darling,
You are right. This is a game. I did not give permission to this game and it's makers to give any and I mean ANY information to an outside third party. It is the company's responsibility to maintain my privacy out world.
I'm not have sex with Avatar children. I don't strip. I don't hang around with Gor people. I was stunned to see me on that site. I was even more stunned to find my husband. He mostly comes on to do chairty paper work for Lord Sullivan's In-world charity. Once in a blue moon he goes to see a movie at Disturbed.
When he comes to SL he is using my computer network because his company, a rather large one does not allow computers to be used for personal reasons what so ever... so I know he's not hanging round escorts and such. My computers are in the kennel where the dogs are so no, he's not sneaking off.
I think the biggest slap in my avatar face was the posting of a letter in the Forums from the maker of this "product" via a company employee. This gives tacit approval to something I find abhorrent. If there is that much free time in the office (Which I doubt: I know these people are working very hard to make this a fun place to play)....then there should be no bugs in the game.
I was surprised to find the maker was a very bright and nice person...not the type I would assume to be designing spywear. This saddens me. I came here to learn more about computers and learn more about young people so I don't become a creepy old lady. I will be thinking twice before leaving my garden in Green to meet new folks here again. Spying and data mining in a game is just plain old bad manners. We opted out as soon as we found out about this issue.
Ever Yours,
Mrs. Showdog Tiger
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Dogdom Doge
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Ceera Murakami
Texture Artist / Builder
Join date: 9 Sep 2005
Posts: 7,750
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08-07-2006 10:36
From: Duntroon Donburi so some data gathering is more equal than others? you can't be half pregnant - you are either against data gathering or you arent.  You want to gather data for personal use, fine. A security orb should be able to tell it's owner what banned people attempted to gain entry to the protected space. A store owner should be able to determine who his customers are, or who used his vending systems. You want to publish that data for others to see, without the express consent of those listed, not fine. That is a completely different matter, as now you are revealing information about other people's activities to third parties, without concent. If you published a web page listing all the people your security orb teleported home today, I'd abuse report that. From: someone PRIVACY POLICY
6.1 Linden Lab uses your personal information to operate and improve Second Life, and will not give your personal information to third parties except to operate, improve and protect the Service. The TOS gives Linden Labs access to my data, not any and all unspecified third parties. Any third party should only get that data directly from Linden Labs, to "operate, improve and protect the Service". For example, a credit card company as needed to bill for services. Also in the TOS (emphasis is mine): From: someone In addition to abiding at all times by the Community Standards, you agree that you shall not: (i) take any action or upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights; (ii) impersonate any person or entity, including, but not limited to, a Linden Lab employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) take any action or upload, post, e-mail or otherwise transmit Content that violates any law or regulation; (iv) take any action or upload, post, e-mail or otherwise transmit Content as determined by Linden Lab at its sole discretion that is harmful, threatening, abusive, harassing, causes tort, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (v) take any actions or upload, post, e-mail or otherwise transmit Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vi) take any action or upload, post, email or otherwise transmit any Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that Linden Lab considers in its sole discretion to be of such nature; (viii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (ix) attempt to gain access to any other user's Account or password; or (x) "stalk", abuse or attempt to abuse, or otherwise harass another user. Any violation by you of the terms of the foregoing sentence may result in immediate and permanent suspension or cancellation of your Account. You agree that Linden Lab may take whatever steps it deems necessary to abridge, or prevent behavior of any sort on the Service in its sole discretion, without notice to you. These watches contain spyware that reports personal data without consent. They violate the TOS.
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Sorry, LL won't let me tell you where I sell my textures and where I offer my services as a sim builder. Ask me in-world.
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Nyx Divine
never say never!
Join date: 11 Dec 2004
Posts: 1,052
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08-07-2006 10:36
From: Showdog Tiger My computers are in the kennel where the dogs are Yes now I am just being silly *wanders off*
_____________________
Yes Virginia there is an FIC!
If someone shows you who they are.....believe them! Don't be afraid to go out on a limb, because that's where the fruit is!
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Showdog Tiger
Registered User
Join date: 30 Nov 2005
Posts: 404
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Silly
08-07-2006 10:39
Dearly Darling,
I run a kennel of show dogs....get it Showdog.....
Ever Yours,
Mrs. Showdog Tiger
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Dogdom Doge
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Arctic Fox
Registered User
Join date: 9 Mar 2005
Posts: 9
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08-07-2006 10:55
Another important point is that by using a vendor, clicking on a prize ball, etc. you have performed some action which you can reasonably expect will alert the owner of that object to your having accessed it.
SLstats.com's spyware system only requires you to briefly be within (30m?) of someone who is wearing their tracking device. You are not asked permission, you are not alerted to the fact you are being monitored and - most importantly - you have not approached SLstats for any product or service yet SLstats' business practices take the liberty of overriding YOUR right to privacy without first asking for your consent.
Whether or not a given person minds being monitored is not the issue. Obviously those who wear SLstats.com's tracking device don't mind. If the devices only monitored them this whole issue wouldn't exist in the first place.
The issue here is that YOU are the one who retains the sole RIGHT to decide whether or not you want information about you gathered, mined, put into a database and used by a third party. SLstats.com's policy implies you surrender your rights unless you follow THEIR convoluted 'opt out' procedure.
The very notion of rights for private individuals mean they are YOUR rights. They don't disappear just because some unscrupulous business writes some clever 'policy' that takes them away.
They're YOUR rights.
That's the issue.
- Arctic Fox
(Thanks to Ceera for digging up that information from the TOS: I'll quote it chapter and verse if someone uses SLstats.com's spyware on me).
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Cutter Rubio
Hopeless Romantic
Join date: 7 Feb 2004
Posts: 264
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08-07-2006 16:52
From: Ceera Murakami You want to gather data for personal use, fine. A security orb should be able to tell it's owner what banned people attempted to gain entry to the protected space. A store owner should be able to determine who his customers are, or who used his vending systems.
You want to publish that data for others to see, without the express consent of those listed, not fine. That is a completely different matter, as now you are revealing information about other people's activities to third parties, without concent. If you published a web page listing all the people your security orb teleported home today, I'd abuse report that.
The TOS gives Linden Labs access to my data, not any and all unspecified third parties. Any third party should only get that data directly from Linden Labs, to "operate, improve and protect the Service". For example, a credit card company as needed to bill for services.
Also in the TOS (emphasis is mine): These watches contain spyware that reports personal data without consent. They violate the TOS. Actually, when this section is read in context, it's quite clear to me that the ToS is referring to real life personal data. Since avatars are not people, I take this to mean that LL does not consider them to have personal information. I believe they address this separately in this section: From: someone 6.2 Linden Lab may observe and record your interaction within the Service, and may share aggregated and other general information (not including your personal information) with third parties.
You acknowledge and agree that Linden Lab, in its sole discretion, may track, record, observe or follow any and all of your interactions within the Service. Linden Lab may share general, demographic, or aggregated information with third parties about our user base and Service usage, but that information will not include or be linked to any personal information without your consent. As you can see here, they explicity exclude "personal information" from third party sharing, but not your actions within the service. This tells me they consider the two data sources separate and independent. A developer could thus argue that the provided LSL functions that send this data operate within this section of the ToS, since LL designed them. I can find nothing in the ToS that is even close to suggesting that avatar behavior is equivalent to personal information. Even the Community Standards fail to make this equivalence. There might be an argument in ToS 4.1 about "stalking" behaviors, but that would be a mighty stretch since the web site owner isn't necessarily anywhere around. This will probably boil down to a decision by LL as to whether it is OK or not, and if not, a crippling of the associated LSL functionality. Hopefully, that doesn't break too much content.
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The early bird may get the worm, but the second mouse gets the cheese.
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Pham Neutra
Registered User
Join date: 25 Jan 2005
Posts: 478
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08-07-2006 20:35
From: Cutter Rubio As you can see here, they explicity exclude "personal information" from third party sharing, but not your actions within the service. This tells me they consider the two data sources separate and independent. A developer could thus argue that the provided LSL functions that send this data operate within this section of the ToS, since LL designed them.
I can find nothing in the ToS that is even close to suggesting that avatar behavior is equivalent to personal information. Even the Community Standards fail to make this equivalence. There might be an argument in ToS 4.1 about "stalking" behaviors, but that would be a mighty stretch since the web site owner isn't necessarily anywhere around.
This will probably boil down to a decision by LL as to whether it is OK or not, and if not, a crippling of the associated LSL functionality. Hopefully, that doesn't break too much content. That is a very good point, Cutter. Actually the current TOS and CS are relatively weak on privacy protection. The TOS only gives you privacy rights regarding your RL information. This seems a bit outdated to me, considering how important their Second Life has become to many residents. Interesting enough, the CS explictely forbids eavesdropping on chat conversation and sharing chat logs with others without consent of all parties involved. The latter is not so much different from gathering information on "who was with whom" and many other information, that in the future might be of interest to SLstats and can be determined via LSL. (Maybe the SLstats watch soon will start listing the names of objects which people sat on most often. This might be very interesting ...  ) But thats "extrapolation". It still would make sense IMHO to update the CS and clarify this text to include some more privacy rights for avatars, too. I don't wanted to imply, that SLstats is doing something illegal in the context of Second Lifes current meager law system, but it would be illegal in many RL jurisdictions (and bad business practice) if they would do similar things in RL. Regarding LSL functionality: I never understood the argument that "WTF, it can be done with this code, why can that be illegal?" as it is often cited by hackers bringing down complex systems (by SLs uber-griefers, too, when they attack the whole grid.) You can do a lot of things with LSL currently - which are "illegal" according to TOS or CS. People are expected to refrain from unlawful behaviour because it is unlawful - not because it is impossible. You can carry a gun in many US states. It is still illegal to run around shooting people with it. When something is physically impossible you don't need a law forbidding it. 
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Jack Harker
Registered User
Join date: 4 May 2005
Posts: 552
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08-07-2006 20:44
From: Duntroon Donburi just to play devil's advocate here.... in another thread you offered to provide a script that will gather information for a store owner about who comes to their shop. How is this any different? It's a visitor counter. It is in fact provided in a 4 prim version by LL itself, made and released by a Linden. And it's different in that that information goes to that one person themself, and it records only who was on *their* property, with no time information provided as to *when* the person was there. If someone were scattering them all over LL, and had hacked them to tell *when* people passed by them, and then collected that information and organized it to tell who was near *who* at what time, and published it on an extermal web site...*then* the cases might be comperable. But not until then.
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Jack Harker
Registered User
Join date: 4 May 2005
Posts: 552
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08-07-2006 20:54
From: Duntroon Donburi I just considered a game like SL, with is scripting and creation and stuff, this kinda stuff is bound to happen. I considered it would be a norm for the folks who love stats and stuff to be thriving over this type of thing in SL. To me its kinda like going to watch a car race and then complaining its too loud - it comes with the territory. This is an argument that troubles me, and it's one that I see continually in these threads. Esentially, that it's possible to abuse people's privacy in SL, so people should just let it happen and get over it. Personally, I don't agree with it. This is the camel's nose. Invasions of privacy have a starting point, if you don't say *NO* when it starts, then it *will* become unmanagable. This is where you determine what is and is not acceptable in a culture. Rollover passively and take it everytime someone wants to take away some of your privacy and they'll leep doing it, and it will keep getting worse. I don't do that. I'm saying not only no but hell no no, and I'll do it every time someone tries to take away some of my privacy without my permission. If enough people do it, maybe eventually people will start to get the message. Even if they don't refrain because they care about other people's privacy, maybe they'll refrain because it's just such a pain in the ass to deal with it when they don't.
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nimrod Yaffle
Cavemen are people too...
Join date: 15 Nov 2004
Posts: 3,146
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08-07-2006 20:58
From: Jack Harker This is an argument that troubles me, and it's one that I see continually in these threads. Esentially, that it's possible to abuse people's privacy in SL, so people should just let it happen and get over it.
Personally, I don't agree with it. This is the camel's nose. Invasions of privacy have a starting point, if you don't say *NO* when it starts, then it *will* become unmanagable. This is where you determine what is and is not acceptable in a culture. Rollover passively and take it everytime someone wants to take away some of your privacy and they'll leep doing it, and it will keep getting worse.
I don't do that. I'm saying not only no but hell no no, and I'll do it every time someone tries to take away some of my privacy without my permission. If enough people do it, maybe eventually people will start to get the message. Even if they don't refrain because they care about other people's privacy, maybe they'll refrain because it's just such a pain in the ass to deal with it when they don't. Maybe in RL that might apply, but this is a private owned "game." Obviously you people haven't skimmed over the TOS. LL can do anything they wish, and you have already agreed to it.
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"People can cry much easier than they can change." -James Baldwin
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Pham Neutra
Registered User
Join date: 25 Jan 2005
Posts: 478
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08-07-2006 21:08
From: Jack Harker It's a visitor counter. It is in fact provided in a 4 prim version by LL itself, made and released by a Linden. And it's different in that that information goes to that one person themself, and it records only who was on *their* property, with no time information provided as to *when* the person was there.
If someone were scattering them all over LL, and had hacked them to tell *when* people passed by them, and then collected that information and organized it to tell who was near *who* at what time, and published it on an extermal web site...*then* the cases might be comperable. But not until then. Jack, thank you very much for this example.  It is very good illustration for a point which most people tend to overlook when thinking - and especially while talking - about issues of privacy in the information age: scale! When you do large scale data gathering - and analysing, pattern matching, correlation with other databases etc. - something that is perfectly harmless can become harmfull. That is one of the reasons there are often some long going legal battles about if a company or national agency is allowed to put some "stuff" they are already gathering into a digital database or combine two databases. A policeman watching the traffic at a road junction is ... just a policeman watching the traffic at a road junction. A nationwide system which watches the traffic at all road junctions in a country and records the license plates of all cars driving by, is a very dangerous in the wrong hands. And as we never know, in whose hands such a system will be in the future ... The power - and the potential for abuse - comes from the scale of the operation. And what SLstats is trying to do - because that would obviously be the most "fun" - is to setup a system which covers all of SL hopefully 24/7.
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Pham Neutra
Registered User
Join date: 25 Jan 2005
Posts: 478
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08-07-2006 21:15
From: nimrod Yaffle Maybe in RL that might apply, but this is a private owned "game." Obviously you people haven't skimmed over the TOS. LL can do anything they wish, and you have already agreed to it. Hi Nimrod. I - and obviously some others in this thread, too - have read the the TOS and CS very carefully. As I have said elsewhere: From: someone I don't wanted to imply, that SLstats is doing something illegal in the context of Second Lifes current meager law system, but it would be illegal in many RL jurisdictions (and bad business practice) if they would do similar things in RL. And I was concluding my initial post with the question why Spyware is usually considered "bad" in other contexts but something like SLstats, which works like spyware, should be acceptable in SL. It is obvious, that all the information, that SLstats wants to gather, already is on the Linden servers (or could be easily extracted) and I gave Linden Lab the right to do so, when "signing" the TOS. No question. But I did not sign any agreement that gives this power to an arbitrary third party. 
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Jack Harker
Registered User
Join date: 4 May 2005
Posts: 552
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08-07-2006 22:33
From: nimrod Yaffle Maybe in RL that might apply, but this is a private owned "game." Obviously you people haven't skimmed over the TOS. LL can do anything they wish, and you have already agreed to it. And obviously you missed my previous post where I pointed out that that right is for *LL* to do these things, *not* some third party player. I have an agreement with Linden Labs. I do *not* have an agreement with the operator of SLstats.
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Lewis Nerd
Nerd by name and nature!
Join date: 9 Oct 2005
Posts: 3,431
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08-07-2006 23:31
I am still waiting to hear back from the guy about opting out, and would expect a confirmation that this has been done.
It crossed my mind for a moment, when I first bought this subject to the community's attention, that perhaps I was just overreacting. It seems like I was not.
Lewis
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Nyx Divine
never say never!
Join date: 11 Dec 2004
Posts: 1,052
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08-07-2006 23:38
From: nimrod Yaffle Maybe in RL that might apply, but this is a private owned "game." Obviously you people haven't skimmed over the TOS. LL can do anything they wish, and you have already agreed to it. But Nim this isn't LL doing this, this is a 3rd party website using a script to gather info about folks In-world. Not just names and friends but more, like how much time I spend on-line That may seem trivial, but I have seen folks attack others in here w/ far less ammo than this Example: So Nimrod I disagree w/ you and you disagree w/ me, but I see that you spend about 60 hrs here in SL, I assume you have no RL <zing> May be petty, but we all know how petty folks can be I also agree the data is probably pretty innocuous, but I also am wary, and not a fool.
_____________________
Yes Virginia there is an FIC!
If someone shows you who they are.....believe them! Don't be afraid to go out on a limb, because that's where the fruit is!
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nimrod Yaffle
Cavemen are people too...
Join date: 15 Nov 2004
Posts: 3,146
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08-07-2006 23:39
From: Lewis Nerd I am still waiting to hear back from the guy about opting out, and would expect a confirmation that this has been done.
It crossed my mind for a moment, when I first bought this subject to the community's attention, that perhaps I was just overreacting. It seems like I was not.
Lewis There is no more opting out, only opting in.
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"People can cry much easier than they can change." -James Baldwin
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Nyx Divine
never say never!
Join date: 11 Dec 2004
Posts: 1,052
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08-07-2006 23:42
From: Lewis Nerd I am still waiting to hear back from the guy about opting out, and would expect a confirmation that this has been done. It crossed my mind for a moment, when I first bought this subject to the community's attention, that perhaps I was just overreacting. It seems like I was not. Lewis I have to say, despite my thoughts that you do overreact at times....this is NOT one of those times, and TY for bringing this to our attention, if you had not I'd be clueless, and I doubt I'd be alone.
_____________________
Yes Virginia there is an FIC!
If someone shows you who they are.....believe them! Don't be afraid to go out on a limb, because that's where the fruit is!
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PetGirl Bergman
Fellow Creature:-)
Join date: 16 Feb 2005
Posts: 2,414
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08-08-2006 00:27
From: Lewis Nerd I am still waiting to hear back from the guy about opting out, and would expect a confirmation that this has been done.
It crossed my mind for a moment, when I first bought this subject to the community's attention, that perhaps I was just overreacting. It seems like I was not.
Lewis I have IM ed him and asked to be taken away and guess - no answers.. wonder why.. In SL most peole are very polite and answer Ims.. /Tina
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