Trojan Horses For Kids, Rampant Scraping

Authors are warned not to "scrape" social media sites for the email addresses of potential readers. Since the GDPR, (Europe's General Data Protection Regulation) we are admonished to double-verify that a person affirmatively and enthusiastically wishes to receive an author's newsletter.

There are also strict rules about authors' contests.  All wise authors considering a promotion to build up a mailing list, or to attract social media approbation ("Likes"), should read this article.
https://www.frostbrowntodd.com/resources-1069.html

In nutshell, it might be illegal in your State, province or neck of the woods to run a "contest" where there is
1) a prize,
2) an element of chance in selecting the recipient of the prize,
3) a requirement that all contestants provide something of value to the contest organizer as a condition of entry.

This author has never yet seen another author sued for running an illegal sweepstakes where the prize is a free copy of an e-book, no skill is required to enter, and a chance to win the e-book is entirely conditional upon joining a Facebook group (or the like).

As for those Trojan Horses filled with geek warriors aiming to get the goods on little kids, PJ Media columnist Phil Baker shares some shocking data about forced scraping, dossiers, and data-mining.

https://pjmedia.com/trending/google-is-developing-dossiers-on-students-using-their-products-in-classrooms-disclosures-show/?fbclid=IwAR2l5F4eIr_UfNRasqBVXDzMWUv1uR0NfLFqYSkaue-6GTjPPsVxkPvcD8I

Allegedly, all too many schools force K-12 children to use certain products that are deliberately contaminated with the vendor/developer's spyware. The children and their parents have no choice, either they accept the devices and the risk to their children's privacy, or they have to home school.

Also allegedly, school employees in Pennsylvania have been given permission to remotely access school computers that have been provided to children... when those computers are being used in the students' homes, without the knowledge or consent of the children or their parents.

Maybe every parent should stick an address label over the camera hole in their offspring's school-issued
devices!

Scraping children is especially bad, because many of the credit monitoring products are not available for youngsters.

Targeting advertising at little children is also, in this author's opinion, immoral because children's brains and powers of critical reasoning are not fully developed, and won't be until the children are about 26 years old.

What about businesses scraping other businesses' data? Is that theft or fair game?  Without addressing the rights of a minor public figure who might wish to have a presence on book-lovers social media site X, but not on advertising-heavy social media site Y (and yet Site Y might create a presence for the public figure without permission), there have been legal skirmishes between businesses fighting over each other's inventory of members and their basic data.

Legal blogger Scott L. Satkin, writing for the law firm Newmeyer and Dillion LLP  discusses what, if anything, counts as "unauthorized access" to "publicly available" data.

https://www.lexology.com/library/detail.aspx?g=5e951f2d-55c7-42a3-a539-fbe88165ea5a&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2018-12-06&utm_term=

It is interesting to consider what, if any, rights a person or business that has collected "data" on members (or subscribers or users) might have over that data if that data is visible on the internet

Scott L Satkin and the lawsuits he discusses are about social media businesses and their subscribers. Authors seeking to build up a following might join a more successful author's social media group, and scrape the contact info and demographics of reader-members.

Scraping is rampant. Is it expected?

The authors of  this blog do not (to the best of this author's knowledge) collect or save or otherwise exploit any information about any readers or visitors. From time to time, we do warn visitors that our host (Blogger) does place tracking cookies on visitors' devices.

All the best,

Rowena Cherry

Red Flags For Regular People

This is not about bulls (bullies, perhaps), and it is not about persons who do not need laxatives. It's about Trojan Horses. (Not Trojans.)

Beware if you see this phrase, or anything resembling it, "We may collect, use, transfer, sell and disclose non-personal information for any purpose."

The "any purpose" will usually mean "for our profit" but it might also mean "because some businesses would like to know about the business you do with their competitors."

Have you seen the fascinating article in The Washington Post about how "Unroll me" (which purports to be a useful free service to remove unwanted marketing emails from subscribers inboxes) made its money by scraping information from emailed wanted sales receipts?

https://www.washingtonpost.com/news/the-switch/wp/2017/04/25/unroll-me-backlash-shows-us-exactly-whats-wrong-with-privacy-policies/?utm_term=.6ac34ea5ee90

I followed a link from one of my favorite law bloggers to that article. Mark Sableman of the law firm
Thompson Coburn LLP gives a legal analysis of the problems of privacy policies which no one (except class action plaintiffs' lawyers) ever reads.

http://www.lexology.com/library/detail.aspx?g=52a30461-56c7-4d07-b41d-d0fb213a695d 

If you want to use a free service, remember that nothing is every free.  Read the TOS and privacy policy. Know that if they don't want your money, they want your data.

What beats me, is why respectable companies that sell physical products apparently believe that it is good business to advertise on free sites to people (often) who are only interested in free stuff...

... which brings me to an excellent article by a lady musician --Tessa Lena-- who rants most entertainingly and in the strongest terms about these Silicon Valley middlemen and intermediaries who would have musicians, songwriters and authors believe that there is something glorious, ingenious and romantic about having to beg for a living.

http://tessafightsrobots.com/tessa-lena/crowdfunding-beggary-for-artists-while-google-takes-all/

We have a culture of digital theft. Where did that come from? The coolest "kids" bully and steal, and the government doesn't just turn a blind eye, the administration, the legislature, and the judiciary actively praises and protects the thieving bullies.

One of the methods used by billionaire bullies and thieves is "lawfare" (like warfare, but using the size of one's bank account to exhaust one's little victim into submission and despair.)

The Trichordist has some choice words for American Librarians, who ought to be grateful to American authors for allowing American libraries to lend out physical books without having to pay the authors for every "lend", but who aren't, and who are joining in with the bullies who want to eliminate more and more copyright protections for individuals.

https://thetrichordist.com/2017/05/31/ala-libraries-again-enables-apparent-corporate-lawfare-conspiracy-against-authors-artists-and-songwriters/

Authors in Europe are paid for every "lend".  

However, to end on a positive note, not every copyright infringement case goes the same way, and not every powerful plaintiff (or powerful dependant), destroys their opponent with legal fees.

Mark Sableman tells the tale of two copyright infringement cases that worked out very differently in terms of cost for the losing party.

http://www.lexology.com/library/detail.aspx?g=8e80c992-eb53-414d-a3f0-fb4232699196

All the best,
Rowena Cherry