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Thread: Parents' nightmare, as Alexa is sued for recording little kids

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    Cannons Front's Avatar Senior Member
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    I think if you purposely buy something that listens and records, then install it in your house, then turn it on, you have given permission for it to listen. Now if they can show that it is doing something that it is not designed to do, or if they can show something outside of normal operations is being done with the recordings, I think they might have a leg to stand on.
    "The powers of the federal government are enumerated; it can only operate in certain cases; it has legislative powers on defined and limited objects, beyond which it cannot extend its jurisdiction." James Madison 1788

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    Quote Originally Posted by Standing Wolf View Post
    "Secretly and unlawfully"? Nonsense. The thing is designed to LISTEN. Everyone knows that. Nothing is being violated.

    I once had somebody leave an incriminating (perjury) voicemail on my phone, and then argue that the resulting recording was a violation of her privacy because she "didn't consent to being recorded." That was a dozen years ago, and I'm still laughing about that one.
    It depends upon the state. She could be correct. And then, you could be correct.

    What does the state law say?
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    Quote Originally Posted by FindersKeepers View Post
    I understand how it could violate COPPA if it collected identifying information about the children -- but it doesn't. It only records voices and there's no record of who those voices belong to or the age of the person talking.
    But is that the case? I would say that if any web based application was recording anything about children COPPA would pop into my head as a concern. COPPA includes geolocation info that comes with modern pics and video recordings.
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    Quote Originally Posted by Peter1469 View Post
    It depends upon the state. She could be correct. And then, you could be correct.

    What does the state law say?
    You're thinking about laws that require either just one party or both parties to have knowledge that an audio recording is being made. (Arizona is the former.) In this case, she left the incriminating message on my voicemail. Again, on my voicemail. Tough to argue that you don't know you're being recorded when you hear, "Leave your message after the tone".
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    FindersKeepers's Avatar Senior Member
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    Quote Originally Posted by Peter1469 View Post
    But is that the case? I would say that if any web based application was recording anything about children COPPA would pop into my head as a concern. COPPA includes geolocation info that comes with modern pics and video recordings.
    The only thing I can think of would be Amazon's Echo "Show" that has a video camera in it, but I think the suit is just about the Echo Dots, which just record sounds in the room. Amazon says (true or not) that the recording is only activated by the keyword "Alexa" or one of your choosing, but I would guess it may be activated 24/7. I don't really know, but given the fact the Dots don't have video capability, I don't really think there's any way to link the words to a specific kid.

    I know something that IS violating COPPA however -- Summit Learning Platform. They're putting it in schools everywhere because Zuckerberg is paying for it. The child must enter in-depth information about himself and his family, and then the platform retains that information and uses an algorithm to help the child self-teach himself. The program actually steers the student in a specific direction (career-wise) using the answers he submits on his test. If Zuckerberg is gathering personal info -- I doubt it's all for a good cause.
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    Quote Originally Posted by FindersKeepers View Post
    The only thing I can think of would be Amazon's Echo "Show" that has a video camera in it, but I think the suit is just about the Echo Dots, which just record sounds in the room. Amazon says (true or not) that the recording is only activated by the keyword "Alexa" or one of your choosing, but I would guess it may be activated 24/7. I don't really know, but given the fact the Dots don't have video capability, I don't really think there's any way to link the words to a specific kid.

    I know something that IS violating COPPA however -- Summit Learning Platform. They're putting it in schools everywhere because Zuckerberg is paying for it. The child must enter in-depth information about himself and his family, and then the platform retains that information and uses an algorithm to help the child self-teach himself. The program actually steers the student in a specific direction (career-wise) using the answers he submits on his test. If Zuckerberg is gathering personal info -- I doubt it's all for a good cause.
    It collects information to sell to those with deep pockets (corporations)
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    Quote Originally Posted by Common View Post
    A couple of federal lawsuits have been filed against Amazon alleging the company’s voice assistant Alexa has routinely, secretly and unlawfully recorded millions of children’s voices and stored that data who knows where, for who knows how long, for who knows what reasons.

    Parents, welcome to 2020.


    It’s not just the playground bully that’s the big threat to watch and monitor. It’s the devices that come into the home.


    These suits, filed on behalf of an 8-year-old in California and a 10-year-old in Massachusetts, are stepping stones to what their lawyers hope will turn into a class-action case involving nine states. Their argument?


    [W]hen such consent is not obtained,” said Travis Lenkner of Chicago’s Keller Lenkner, one of the law firms suing Amazon, the Recorder reported, “these state laws contain penalties, including set amounts of statutory damages per violation.”
    The suit also states: “Alexa routinely records and voiceprints millions of children without their consent or the consent of their parents.”




    https://www.washingtontimes.com/news...ying-our-kids/

    Nine states — California, Florida, Illinois, Michigan, Maryland, Massachusetts, New Hampshire, Pennsylvania and Washington — have two-party consent laws that require full transparency for any audio recordings of conversations. That means the recorder has to not just notify the recordee of any planned audio recording — but also has to have permission before recording.

    Um, you are notified when you buy it. It can't be at your beckon call without ears. Solution? Ditch the device and mom , dad and their lawyers will have to show up at work tomorrow without getting rich. AWWWW

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