Bonum Certa Men Certa

Alex Oliva on Self-Serving Services

Post by Alex Oliva (FSF, FSFLA etc.), copied from the the original (see and preserve copyright notice at bottom)

Volleyball serve
This file is licensed under the Creative Commons Attribution-Share Alike 3.0 Unported license.



Yesterday, I was supposed to make a payment. So I went to the website of a bank whose online services I have preferred, and was surprised by a new requirement. After authenticating, I had to explicitly accept their so-called "privacy policy". No service without accepting it.



Nothing so unusual about that, you might think. Well, I think there were several unusual facts. First, the policy had been last changed since September last year. Why require explicit acceptance now?

I set out to read it before clicking through. There was the second surprise. The actual privacy policy was quite reasonable. The problem was the, erhm, tortoises. I explain: "jabuti", Portuguese for (land) tortoise, is used in congress to refer to provisions that are written into an unrelated bill to get them approved without much attention, while the spotlights are on the official purpose of the bill. One may then read the bill, or act, and wonder how those unrelated terms got there. Well, the conclusion is that someone put them there, with a purpose. Which brings us to origin of the term: tortoises don't climb trees, so if you find a tortoise on a tree, something quite unusual and unexpected, that means someone must have put it there, presumably with a purpose.

Anyway, back to the tortoises in the privacy policy. It stated it became part of service contract, that you accepted that the bank could change it at any time as it wished and for any reason, and that the service could be discontinued or changed whenever the bank liked. See?, that has nothing to do with privacy policies. It's tortoise on top of tortoise!

Now, here's a thing: they stop providing the service, unless you agree they can stop providing the service whenever they like. Could they actually stop it to begin with, and make the current service hostage to force you to accept leonine conditions? (Are lions and tortoises friends?) If they could already do that, why do they bother "forcing" people to give their explicit consent?

This sounds awfully illegal to me. If they are in a contract to offer a service, they can't make the service a hostage to force you to sign another contract, let alone one that lets them rewrite the contract to their will! More so under a document that a lot of people won't even read, and would reasonably expect it to state commitments and obligations the provider undertakes regarding the way it deals with data you provide it with. Not tortoises.

At least in Brazil, if you offer a service to the public and enter a service conract with customers, you can't just decide you don't wish to offer that service any more, and impose a different service on your customers. You have to convince your existing customers to switch to a different contract, or get them to terminate the contracts, before you can stop providing the service. It looks like they're trying to render another bit of consumer protection law inoperative.




Now, that got me thinking, if we don't manage to stop this sort of abusive practice, where will that lead? Vendors of computers already think of themselves as permanent owners of computers they sell, entitled to control what gets done with those computers they pretended to sell.

I recall some home automation systems, whose vendor was bought by Google, got turned into paper weights when Google powered off the server they depended on. I recall music and games ceased to be playable because their license servers were permanently turned off. I recall when a SIP phone adaptor I thought I owned stopped working, and after some investigation, I found out that every time it powered up, it downloaded its software from a certain URL, and some day the vendor decided to discontinue the service. These cases were abusive, they were morally wrong and bad for customers, but AFAIK they got away with them, despite all the inconvenience they've caused.

What kind of trouble are we waiting for before ruling out such consumer-hostile behaviors? A death because a car or a digital lock made its operation hostage of a new leonine contract during a medical emergency? An implanted insuline pump that stops working because you haven't accepted the new privacy policy governing the controlling app? A train collision because the railroad switch controlling app became unavailable because new terms of service were rolled out and had to be explicitly accepted? A nuclear power plant meltdown because the cooling system got removely deactivated over a contract dispute? A nuclear strike because a dead man switch became inacessible when a hosting provider required explicit acceptance of their new contract?

I don't like where this is going. The providers may be just thinking of maximizing their profits, but the consequences to people can be quite fatal. I think it would be wise to put an end to such practices before it gets too late.

So blong,




Copyright 2007-2021 Alexandre Oliva

Permission is granted to make and distribute verbatim copies of this entire document worldwide without royalty, provided the copyright notice, the document's official URL, and this permission notice are preserved.

Recent Techrights' Posts

[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
World Press Freedom Day: WIPO censors Debian suicide cluster
Reprinted with permission from Daniel Pocock
Links 07/05/2024: Pulitzer for Supreme Court Expose, New Threats to Media Reported
Links for the day
Berlin police declined to investigate FSFE Nazi comparisons
Reprinted with permission from Daniel Pocock
 
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter
Gemini Links 07/05/2024: Music Spotlight and Network Knobs
Links for the day
Only Weeks After Microsoft Closed Offices and Studios It is Closing Several More (Many Layoffs, Still Deeply Debt-Saddled)
When the sad news writes itself
Bolivarian Republic Of Venezuela: GNU/Linux Reaches 9% (ChromeOS Included)
Venezuela must have lost interest in some American proprietary software when users were locked out of their own data (Adobe) and the costs could no longer be justified
[Video] Microsoft is Like Big Oil, Big Tobacco, and Other Perpetrators of Fear, Uncertainty, Doubt/Fear-mongering
openwashing, Microsoft lobbying, and Microsoft subsidies (e.g. bailouts in the form of 'defence' contracts)
Security & Debian: Urgent: New Feed URLs after another WIPO censorship
Reprinted with permission from Daniel Pocock
Gemini Links 07/05/2024: Smashing Windows (Moving to GNU/Linux) and Mastodon Time-wasting
Links for the day
Links 07/05/2024: Cheap EVs and Cloudflare Layoffs
Links for the day
[Meme] Communities Governed by Parasitic Elements and Girlfriends (Who Can't Understand Those Communities)
Karen Sandler and Molly de Blanc present at DebConf18
[Meme] You Can't Kill an Idea (or Facts)
Thankfully, in Western societies, there's still due process, rule of law etc. You don't just hire assassins or imprison critics
[Meme] Software in the Public Interest (SPI), Inc, Values Articles of Daniel Pocock at ~$5,000 Each (and Fails to Hide the Facts)
we are laughing, not grieving
IRC Proceedings: Monday, May 06, 2024
IRC logs for Monday, May 06, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] About 2,564 Internet Sites Now at Risk of Hostile Takeover by Microsoft-Sponsored Software in the Public Interest (SPI)
WIPO censors Debian suicide cluster
Links 07/05/2024: Burning Plastic Waste, Facebook Censoring Politicians
Links for the day
Gemini Links 07/05/2024: Smashing Windows (Microsoft Losing Users to GNU/Linux), Sixty Years of BASIC
Links for the day
Southern Asia is All Android (Majority) Now
It's looking better (almost) every month
Windows Already Down to 1% "Market Share" in Some Countries
it is a dying breed
Tesla Has Become a Ponzi Scheme or a 'Meme Stock'
They tell us Tesla is "worth" almost twice as much as a company that sold about 30 times more cars
For People at Red Hat "Job is at Risk"
Red Hat is consulting some notorious firms to implement cuts
Linux.com Became Mostly Dead, de Facto Marketing Site of "Linux" Foundation Products (Unrelated to Linux)
what has happened to the authoritative domain Linux.com
Microsoft GitHub: A Hair Salon Where You Get Awards for Nothing (NFT Vanity)
People aren't defined by some private (proprietary) database and Microsoft does not universally "score" developers
In Europe, Android is Bigger Than Windows (Android Now Measured at 45.1% Worldwide)
Right now in statCounter...
Links 06/05/2024: Al Jazeera Raided, Wildfire Season Coming
Links for the day
On Character Assassination Tactics
The people who leverage these dirty politics typically champion projection tactics
Links 06/05/2024: Scams and Politics
Links for the day
Gemini Links 06/05/2024: Reading and Computers
Links for the day
United States Entering the $100 Trillion Debt Trap, We Compare GAFAM Debt
Google's debt is about 6 times less than Amazon's
GitLab's Losses Grew From $172,311,000 to $424,174,000 Per Annum
Letting this company have control over your (or your company's) development/code forge may cost you a lot in the future
statCounter's Latest: Android Bouncing to New All-Time Highs, Windows Down to Unprecedented Lows
Android rising
Can't Bear the Thought We're Happy and Productive
If someone is now harassing online friends, attacking the wife, attacking my family (not just attacking and defaming people I know online) there are legal ramifications
IRC Proceedings: Sunday, May 05, 2024
IRC logs for Sunday, May 05, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Erinn Clark & Debian: Justice or another Open Source vendetta?
Reprinted with permission from disguised.work