Bose Headphones Spy On Listeners

Discussion in 'privacy general' started by KeyPer4Life, Apr 19, 2017.

  1. KeyPer4Life

    KeyPer4Life Registered Member

    Joined:
    Dec 18, 2013
    Posts:
    986
  2. hawki

    hawki Registered Member

    Joined:
    Dec 17, 2008
    Posts:
    2,668
    Location:
    DC Metro Area
    WTF o_O

    Bose "horrific act is an affront to humanity..." Me thinks Bose "has crossed many Red Lines..."

    BOYCOTT BOSE !! (unless you have a few spare Tomahawks - [TLAMs] - laying around.)

    Gratifying to see this lawsuit -- someone standing up and taking a step to push back against the groundswell of egregious privacy invasions by corporations.

    Draw a line in the sand around the Bose display at your local brick and mortar store.
     
    Last edited: Apr 20, 2017
  3. Daveski17

    Daveski17 Registered Member

    Joined:
    Nov 11, 2008
    Posts:
    8,160
    Location:
    Lloegyr
    You took the words right out of my mouth! lol
     
  4. hawki

    hawki Registered Member

    Joined:
    Dec 17, 2008
    Posts:
    2,668
    Location:
    DC Metro Area
    Zak v Bose Corp, U.S. District Court, Northern District of Illinois, No. 17-02928.

    Complaint against Bose:

    https://consumermediallc.files.wordpress.com/2017/04/bosecomplaint.pdf
     
  5. hawki

    hawki Registered Member

    Joined:
    Dec 17, 2008
    Posts:
    2,668
    Location:
    DC Metro Area
    Throw the book at 'em:

    From Complaint in Zak v Bose Corp, U.S. District Court

    FIRST CAUSE OF ACTION
    Violation of the Federal Wiretap Act
    18 U.S.C. § 2510
    et seq.
    (On behalf of Plaintiff and the Class)

    SECOND CAUSE OF ACTION
    Violation of the Illinois Eavesdropping Statute
    720 ILCS 5/14-1
    et seq.
    (On behalf of Plaintiff and the Illinois Subclass)

    THIRD CAUSE OF ACTION
    Intrusion Upon Seclusion
    (On behalf of Plaintiff and the Illinois Subclass)

    FOURTH CAUSE OF ACTION
    Violation of the Illinois Consumer Fraud and Deceptive Business Practice Act
    815 ILCS 505/1
    et seq.
    (On behalf of Plaintiff and the Illinois Subclass)

    FIFTH CAUSE OF ACTION
    Unjust Enrichment
    (On behalf of Plaintiff and the Class)


    "Surf The Friendly Sounds Waves of Bose -- We won't "bump" you off our App cuz we want all y'all's personal data we can sell."


    .
     
    Last edited: Apr 20, 2017
  6. Daveski17

    Daveski17 Registered Member

    Joined:
    Nov 11, 2008
    Posts:
    8,160
    Location:
    Lloegyr
    That should do for starters!
     
  7. mirimir

    mirimir Registered Member

    Joined:
    Oct 1, 2011
    Posts:
    6,539
    Hey, you say "surveillance", we say "understanding our customers" ;)
     
  8. emmjay

    emmjay Registered Member

    Joined:
    Jan 26, 2010
    Posts:
    1,048
    Location:
    Triassic
    I hope Bose looses the case and that the judgement can also be applied to all internet enabled manufactured products, especially consumer appliances.

    I know that companies will say they will advertise the product as internet enabled so when the consumer purchases the product, they will be aware of this and are therefore giving permission for the data gathering/sending/using. That is not enough though, especially if they outline the handling of the data (profiting) on the customer agreement statement because you will not know this until you get the product home and open the box. :mad:
     
  9. plat1098

    plat1098 Registered Member

    Joined:
    Jan 18, 2016
    Posts:
    797
    Location:
    Da mean streets of Brooklyn
    Yet how many people, once informed, are gonna throw out their expensive Bose doo-dads just cuz of this? Momentary outrage, then a strange apathy once again settles, like a blanket of dust. oops, had to edit, sorry.
     
  10. KeyPer4Life

    KeyPer4Life Registered Member

    Joined:
    Dec 18, 2013
    Posts:
    986
    A message to our Bose Connect App customers


    https://www.bose.com/en_us/index.html
     
  11. mirimir

    mirimir Registered Member

    Joined:
    Oct 1, 2011
    Posts:
    6,539
    Well, they know who you are, what you listen to, when you listen to it, and maybe ambient sound when the headphones aren't in use. That's not something headphones need to be doing, should be doing. It's creepy to see the spy-everything-possible mindset creep from smartphones to IoT generally. Like "Sure, your keyboard reports all keystrokes to us, but that's just for quality assurance, and we store it all anonymized, and would never share the data." ;)
     
  12. Peter2150

    Peter2150 Global Moderator

    Joined:
    Sep 20, 2003
    Posts:
    18,643
    I don't thinks the head phones as much as the app that's the problem. Do you really need an app for that?
     
  13. mirimir

    mirimir Registered Member

    Joined:
    Oct 1, 2011
    Posts:
    6,539
    Right, it's the app. The app apparently does do some cool things. But they could have implemented them without the spying.
     
  14. plat1098

    plat1098 Registered Member

    Joined:
    Jan 18, 2016
    Posts:
    797
    Location:
    Da mean streets of Brooklyn
    Yes, the app. But can you use that expensive audio gear without the app? I mean, I don't know. And some might think it's also in the gear itself. Wonder how this will impact future sales. Maybe Bose is hopeful the public will forget and move on, like with so many other things.
     
  15. Peter2150

    Peter2150 Global Moderator

    Joined:
    Sep 20, 2003
    Posts:
    18,643
  16. KeyPer4Life

    KeyPer4Life Registered Member

    Joined:
    Dec 18, 2013
    Posts:
    986
    It seems that Bose suggests to "get the most out of your headphones" by downloading its app.
    Probably many consumers might take that suggestion.
    Zak's lawyer (Dore) said customers of Bose do not see any app's user service and privacy agreements
    upon signing up and the privacy agreement says nothing about data collection.

    Somewhat confused with Dores statement since if you don't see any privacy agreements how would
    one know that the privacy agreement say nothing about data collection?
     
  17. mirimir

    mirimir Registered Member

    Joined:
    Oct 1, 2011
    Posts:
    6,539
    Maybe you need to find the privacy agreement on the Bose website.
     
  18. hawki

    hawki Registered Member

    Joined:
    Dec 17, 2008
    Posts:
    2,668
    Location:
    DC Metro Area
    "...n the Bose Connect App, we don’t wiretap your communications, we don’t sell your information, and we don’t use anything we collect to identify you – or anyone else – by name.
    The confusion may result from the fact that Dore is not directly quoted as saying that. The story says Dore says. You know the old game of telephone and how spoken words get mished mashed as they are passed along.

    The Complaint does not mention any privacy agreements. It claims:

    "...Defendant Designed the Bose Connect App to Secretly Collect Consumers’ Usage Data

    18. As described above, customers must download and install Bose Connect to take
    advantage of the Bose Wireless Products’ features and functions. Yet, Bose fails to notify or
    warn customers that Bose Connect monitors and collects—in real time—the music and audio
    tracks played through their Bose Wireless Products. Nor does Bose disclose that it transmits the
    collected listening data to third parties..."

    Bose statement is suspect to say the least. The law firm representing the Plaintiff (and likely a class) is a mid - sized Chicago boutique law firm that has established itself as a pioneering law firm in plaintiffs' class and mass action litigation, with a special emphasis on technology and privacy cases. Many of its lawyers have technical and communications college degrees. They claim on their website to have collected/settled privacy actions against some big players worth a total of $1BIL USD.

    https://edelson.com/

    It seems to me highly unlikely that this firm would stake it's reputation on what Bose claims to be a bogus case.
     
    Last edited: Apr 22, 2017
  19. hawki

    hawki Registered Member

    Joined:
    Dec 17, 2008
    Posts:
    2,668
    Location:
    DC Metro Area
    Bose states: "...we don’t sell your information, and we don’t use anything we collect to identify you – or anyone else..."

    What does Bose define to be "your information?"

    Bose says that "we don't use anything we collect..." BUT The plaintiffs claim that the app is "intentionally designed and programmed to automatically disclose and transmit It's customers Media Information to third party companies including a data miner called Segment, Inc..."

    So, if the allegations are true, in a way Bose doesn't "touch " the data, i.e. doesn't itself "use" the data, that is transmitted directly to 3rd parties, ergo Bose's potential, weasely statement that "we don't use anything we collect to identify you.."

    I would be surprised if this law firm just pulled the stuff about directly transmitting to Segment out of it's whatever.

    Note also that when customers download the app, they are encouraged to register which requires a name, serial number (I assume of their headset) and an email address. Bose uses the offering of updates, among other things, as an inducement to register.
     
    Last edited: Apr 22, 2017
  20. KeyPer4Life

    KeyPer4Life Registered Member

    Joined:
    Dec 18, 2013
    Posts:
    986
    It's a long read if you or anyone else here at Wilders is interested.

    NOTE: Under Privacy Preferences

    https://www.bose.com/en_us/support/policies.html
     
    Last edited by a moderator: Apr 22, 2017
Loading...