Sunday, November 26, 2017

Privacy In The Toilet

Imagine that you watch Next Generation Television on your mobile device, and it watches you back. Also you have some pre-installed software on your mobile device, which is easily hackable, but the reason for it is to target you for advertisements.

Now imagine that your device is "protected" by facial recognition. If a password is hacked, you can change a password. If your face is hacked, you cannot change your face.

Well... maybe you could, if you thought about it early enough.  That is, before you activated your device. It would mean that every time you wanted to use the device, you'd have to wear beauty patches, and you'd have to have the patches in the same spot, every time.

For a brief history of beauty patches:

I imagine, someone will make a fortune taking a clear strip, like the backing of those things you peel, and slap onto wet skin to pull the blackheads out of your pores, and sticking an attractive pattern of black dots to it.  Give me credit, won't you?

Nowadays, too many people use tiny tattoos to cover small scars. The trouble is, if you look up tattoo ink, some of those inks are carcinogenic.

A futuristic language of  facial spots would be fun.

By lip; "I'm a kisser."
By eye; "I'm watching you."
Between brows; "Don't cross me."
Right of  forehead; "Originalist."
Left of  forehead; "Change the Constitution...."

Back to the toilet. You could be sitting there, engrossed in your streamed series, having lost all track of time, and place. Suddenly, you receive pop-up advertisements for constipation remedies, bowel blockage surgeons with expressions of deep concern on their faces,  perhaps some decorating tips for your bathroom.

Just like that young lady who took a selfie of herself in a restroom, with no regard to what was lurking behind her inside the toilet and plainly visible, the association once made might never go away. Your face might target you as interested in stool softener for the rest of your online life.

Here are my law blog inspirations:
"Moving Beyond Passwords" by Eric A. Packel of Baker Hostetler LLP

In this article on Facial Recognition, we are assured that the chances are one in a million that someone else would look so much like you that they could unlock your phone. There's a very intriguing suggestion that advertisers might be able to use facial mapping to gauge how interested you are in their advertisements.
I wonder what they'd do if you frowned at every offering. Maybe pitch wrinkle cream? Anger management courses?

Other Baker Hostelter LLP blogging lawyers S. Benjamin Barnes and Alan L. Friel write
"Deception and Unfair Practices Come Preinstalled"

They use an example of a person actually shopping for an owl shaped pendant, and being bombarded with    unsought advertisements for other owl shaped pendants. They also reveal by how much these pop-up advertisements reduce internet speed for the unfortunate device user by 25% if they are trying to download something, and by 125% if they are trying to upload something.

The bottom line might be, if you are interested in the internet of things, and are linking your devices, you really do need to read every word of the TOS and TOU before clicking "I AGREE".

For Kelley Drye and Warren LLP, legal bloggers John J. Heitmann, Jennifer Rodden Wainwright, and Alysa
Zeltzer Hutnik write "Will Your TV Watch You? FCC Green Lights Targeted Advertising In Next Gen TV Broadcasting Standard."

Interestingly, the FCC did not find the privacy concerns to be persuasive.

I keep an address label stuck over the eye of the camera on my Air Mac. How about you? And I don't stream anything at all in the bathroom.( I do Sudoku.)

All the best,
Rowena Cherry

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