in their terms of service force this to be arbitrated instead of going through the courts? I'm no lawyer. It may be that since state penal codes are involved, they might not be able to do this. I would expect them to attempt to compel arbitration if they think they thought could get away with it.
Arbitration screws the consumer/employee over because there is no jury, and the rulings are kept private.
If the spyware breaches federal law (unikkely), then Amazon cannot hide behind arbitration
IANAL but assume if the app's ToS don't specifically name Amazon as a partner, then Amazon can't make any rules. Then, the deal is between subscriber and software developer.
It doesn't matter what Amazon wants to say here they were tracking people without their informed consent and they were also tracking children without their parents consent.
The judge should find them in violation of the Computer Fraud and Abuse Act.
Ookla Speedtest requests a bunch of creepy permissions, including always-on background location access and telephony access, "to improve the quality of your results" or some similar claptrap. With which it can, of course, track and report your location at all times, and acquire your phone number, IMEI, carrier info, and a variety of other unique info.
It still works if you deny all these permissions, but it's probably doing other sleazy stuff anyway. Their Privacy Policy [speedtest.net] says that "if settings choices perm
Seriously, is there anyone that thought Amazon wasn't doing this?
in their terms of service force this to be arbitrated instead of going through the courts? I'm no lawyer. It may be that since state penal codes are involved, they might not be able to do this. I would expect them to attempt to compel arbitration if they think they thought could get away with it.
Arbitration screws the consumer/employee over because there is no jury, and the rulings are kept private.
IANAL but assume if the app's ToS don't specifically name Amazon as a partner, then Amazon can't make any rules. Then, the deal is between subscriber and software developer.
It doesn't matter what Amazon wants to say here they were tracking people without their informed consent and they were also tracking children without their parents consent.
The judge should find them in violation of the Computer Fraud and Abuse Act.
Ookla Speedtest requests a bunch of creepy permissions, including always-on background location access and telephony access, "to improve the quality of your results" or some similar claptrap. With which it can, of course, track and report your location at all times, and acquire your phone number, IMEI, carrier info, and a variety of other unique info.
It still works if you deny all these permissions, but it's probably doing other sleazy stuff anyway. Their Privacy Policy [speedtest.net] says that "if settings choices perm