this post was submitted on 30 Sep 2023
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privacy

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[–] Saik0Shinigami@lemmy.saik0.com 2 points 11 months ago (1 children)

If they couldn't collect it... there would be no need to call it out in the EULA. Just because you can't imagine a pattern that can identify something doesn't mean it doesn't exist. Just like shopping patterns can identify someone is pregnant. https://www.forbes.com/sites/kashmirhill/2012/02/16/how-target-figured-out-a-teen-girl-was-pregnant-before-her-father-did/?sh=1b9869f06668

Predictive analytics is no joke.

[–] KairuByte@lemmy.dbzer0.com -1 points 11 months ago (1 children)

Of course they can collect it, by you literally telling them.

Just because something is in the EULA doesn’t mean it’s automatically collected by the system the EULA is for. The video is literally about how the info is only available to them if you tell a representative of the company when you had sex. That’s it.

[–] Saik0Shinigami@lemmy.saik0.com 2 points 11 months ago (1 children)

So what company do you think has their representatives in a call center and day one of training is "Hey, so if a customer tells you they've had sex, you need to write that down and put it into this database. But don't worry! We're covered by the EULA."

I don't give a fuck what the video said... It ignores Predictive Analytics. The guy in the video is full of it. Further his argument is fucking stupid. They "might" record a phone call that a user "might" disclose their sexual orientation... Except this is why you get the "This call may be recorded" notice when you call all these companies. The intent to distribute this data is WHY you'd need it explicitly in your EULA. Not because some nonsense about the call recordings. Further the voice recordings would not be subject to the EULA posted on Nissan.com. You do not innately agree to ANY agreement by placing a phone call with anyone. So forget this dumb video, focus on the actual logic of it all... "only when you click on a link and another link can you draw your own conclusion"... WHAT? You can view the EULA yourself. There's nothing hidden. This guy is trying throw shade on Louis and Mozilla without actually understand what a EULA is, how it would apply (and not apply to making a phone call), or that Mozilla and Louis would want to throw their reputation away trying to fight a legal lawsuit (libel/slander if it wasn't true). Nissan is much bigger than both Mozilla and Louis.

Lastly...

“Some state laws require us to account for inadvertent data collection or information that could be inferred from other data, such as geolocation.”

source: https://nypost.com/2023/09/06/nissan-kia-collect-data-about-drivers-sexual-activity/

This is Nissan's own response... Geolocation could insinuate this data... Also known as... Predictive Analytics... Nothing to do with "contractors" or "recorded calls" or anything else... Literally all Predictive Analytics. This video is full of it... and you are too if you believe it.

[–] KairuByte@lemmy.dbzer0.com -1 points 11 months ago (1 children)

So according to your reasoning, your car is capable of gathering your genetic information because it’s listed in the EULA?

When was the last time you did a DNA swab for your car?

[–] Saik0Shinigami@lemmy.saik0.com 2 points 11 months ago (2 children)

Your premise is bad. Genetic information != DNA. Identifying someone's race and using GPS data to put them near medical clinics... etc... can infer a lot... let me link you a definition...

https://www.eeoc.gov/youth/genetic-information

One of the most recent laws enforced by EEOC relates to genetic information. The law provides a very specific definition for "genetic information." Genetic information includes information about your genetic tests and the genetic tests of your family members. Genetic information also includes information about any disease, disorder, or condition of your family members (your family medical history).

It's not JUST DNA. but a lot more can be inferred by your daily driving... And Nissan has already admitted to collecting GPS information which can identify a lot about someone on it's own.

So according to your reasoning

There's no reasoning to gather from my statements... This is Predictive Analytics... this is the third time I've said the term now. I've also linked you a news article that shows that shopping patterns can out a pregnancy. By the way that article is over a decade old.

What makes you think that analytics from over a decade ago hasn't gotten good enough to do things like identify genetic features? Things like your height (if the car records your seat positions, which many do at this point.) are possible to infer some parts of your genetic makeup if that data is given to the "right" people to analyze with particular datasets.

The fact that they tailored their EULA in such a way that allows them to sell their data to these brokers for ANY of these reasons is literally what Rossman and Mozilla are pissed about. Has nothing to do with if Nissan is capable of doing it themselves, but that they're geared up and ready legally to do so whenever they'd like.

[–] Saik0Shinigami@lemmy.saik0.com 2 points 11 months ago

Also another reason to completely 100% discount this video. I've posted the same information, the same link I did before there... My comment was deleted. This developer is lying, was called out... rather than own up to it... deleted the dissenting opinion that cites Nissan themselves. That's not good.

[–] KairuByte@lemmy.dbzer0.com -1 points 11 months ago* (last edited 11 months ago) (1 children)

You cannot infer genetic information. You can infer traits that could be related to genetics, sure. But genetic information requires genetic testing.

If I see you are black, and say “hey this guy is black” I’m not divulging genetic information.

[–] Saik0Shinigami@lemmy.saik0.com 1 points 11 months ago (1 children)

I literally linked you a legal definition... And you want to argue it? Are you sane?

If you're identified as "Black" and go to a Sickle Cell Disease Treatment Center regularly. You can infer that that person has it. This is easy stuff to figure out with the right data sets...

[–] KairuByte@lemmy.dbzer0.com -1 points 11 months ago

I’m actually quite confused on how you could garner any of that data from geolocation. But w/e.

Still seems a mad stretch.