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jimmySixDOF 3 days ago

Will this protection extend to automobile companies ? Mobile Apps ? Mobile OSs ? I have lost track of the number of leakage points for location data into the tarball of databrokers.

cm2187 3 days ago | parent | next [-]

Not much of a protection. They will just add one more line in the 50 pages terms of service you have to agree to to get a contract.

bluGill 3 days ago | parent [-]

There are laws about what a contract can say. If you have no choice in the contract terms the laws are stronger.

You cannot agree to a contract that makes you a slave (at least not in most countries). A contract to kill someone is illegal. There are a lot of less obvious things that are not allowed in contracts. (see a lawyer for details)

cm2187 3 days ago | parent [-]

All the terms of services will do is to collect consent, which isn't illegal. It's just that you won't get the service unless you consent.

bluGill 3 days ago | parent [-]

Any US court will agree that living without a smartphone or car is not feasible for a normal person in this day and age, so not offering service unless on contract is coercion. As I have no choice but accept those terms and thus there is a high bar in what they can put in the terms since I have no choice but accept them.

xnx 2 days ago | parent [-]

Verizon could offer a premium tracker free service for $800/month. The choice would then be up to the customer

comex 3 days ago | parent | prev [-]

Nope. The court is applying an old law that specifically applies to carriers providing "telecommunications services", no one else.

(Incidentally, even the term "telecommunications service" only encompasses voice call service, not mobile data or SMS. The FCC tried to reclassify Internet access as a telecommunications service during the Obama and Biden administrations, in order to get authority to impose net neutrality rules, but it was ultimately overturned in court.)

sumtechguy 3 days ago | parent | next [-]

The thing is that VZW could win on appeal with that. They are title II of the telecommunications act not title I. Cell services have a huge carve out in II both for data and communication services. I was surprised by that. It was one of the justifications of them selling this data. The are legally considered basically an ISP not a phone service.

Basically Title I = old POTS systems and radio. VZ does take it very seriously. Title II = Cell/ISP rules. VZ is kinda playing fast and loose with it. Just like what all advertising, ISP companies, and web providers do.

Honestly the right way is to stop reinterpreting (thru the courts and regulations) the rules depending on who is in charge that day and have congress hammer out what is and is not allowed.

rsingel 3 days ago | parent | prev | next [-]

Close but the Obama 2015 reclassification was actually upheld. Law of the land from 2015 to 2018.

Ajit Pai undid it, a court said reverting was fine because DNS.

Biden FCC took forever to reclassify and then lost in a Trumpy circuit court. Advocates didn't appeal largely because the courts are so screwed now and don't want an awful Supreme Court ruling.

But it's very clear for the law that internet communications actually are telecom, and I suspect we'll see this revisited in the future

AnimalMuppet 3 days ago | parent [-]

Given that in practice voice is now just data, it should be revised. But that's expecting the law to match technical reality, which may be overoptimistic...

m463 3 days ago | parent | prev [-]

> "telecommunications service" only encompasses voice call service

I wonder if those helpful text messages from some company can locate you?

I've heard that tow truck companies can find your location because it is somewhat like and emergency.

by the way, verizon is just plain evil.

I remember years ago when they would add identifying cookies to all web requests outgoing from your phone to identify your specific handset. (search "verizon supercookie")

staplers 3 days ago | parent [-]

  I've heard that tow truck companies can find your location because it is somewhat like and emergency.
Anyone can find your location if they pay one of the data brokers who resell the info the cell carrier sells.

Source: https://www.fogdatascience.com/