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Fi now opts you into the use of your CPNI by Alphabet affiliates

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Re: Fi now opts you into the use of your CPNI by Alphabet affiliates

#21

Post by slabity »

greyface- wrote: post #13
slabity wrote: post #11

Someone needs to tell Google what "Opt-in" and "Opt-out" means. No, if you automatically enroll me into sharing my data with 3rd-parties, that is NOT opt-in. That's completely disingenuous. This should really be illegal.

It is illegal. Google is attempting to bend definitions and skirt the law. https://www.govinfo.gov/content/pkg/CFR-2018-title47-vol3/xm... Title 47 - Telecommunication. CHAPTER I - FEDERAL COMMUNICATIONS COMMISSION (CONTINUED). SUBCHAPTER B - COMMON CARRIER SERVICES (CONTINUED). PART 64 - MISCELLANEOUS RULES RELATING TO COMMON CARRIERS. § 64.2003 Definitions (k) Opt-in approval. The term “opt-in approval” refers to a…

> Opt-in approval. The term “opt-in approval” refers to a method for obtaining customer consent to use, disclose, or permit access to the customer's CPNI. This approval method requires that the carrier obtain from the customer affirmative, express consent allowing the requested CPNI usage, disclosure, or access after the customer is provided appropriate notification of the carrier's request consistent with the requirements set forth in this subpart.

IANAL, but doesn't the "disclosure, or access after the customer is provided appropriate notification" make this entire "opt-in" definition completely legal?

I mean, it was easy for me to opt-out, but I really hate the fact that I had to do so in the first place.

Re: Fi now opts you into the use of your CPNI by Alphabet affiliates

#22

Post by tguvot »

postalrat wrote: post #19
tguvot wrote: post #17

Earlier quoted context omitted.

well, i guess this email constitutes "affirmative, express consent" unless user clicks on opt-out. at least this is conclusion of google legal department.

Well it's not. Google hates that.

???

Re: Fi now opts you into the use of your CPNI by Alphabet affiliates

#23

Post by polygamous_bat »

verdverm wrote: post #4

Note, they also provide a one click link in the email to opt out, super easy Still enjoying my sub $30 bills and bloatware free device

Made me jump through 6 different pages on a phone where I was already signed in to Google, so ymmv.

Or perhaps there's an A-B testing going on to see how they might be able to tire people out by making the "one-click" opt out harder.

Re: Fi now opts you into the use of your CPNI by Alphabet affiliates

#24

Post by greyface- »

slabity wrote: post #21
greyface- wrote: post #13

Earlier quoted context omitted.

It is illegal. Google is attempting to bend definitions and skirt the law. https://www.govinfo.gov/content/pkg/CFR-2018-title47-vol3/xm... Title 47 - Telecommunication. CHAPTER I - FEDERAL COMMUNICATIONS COMMISSION (CONTINUED). SUBCHAPTER B - COMMON CARRIER SERVICES (CONTINUED). PART 64 - MISCELLANEOUS RULES RELATING TO COMMON CARRIERS. § 64.2003 Definitions (k) Opt-in approval. The term “opt-in approval” refers to a…

> Opt-in approval. The term “opt-in approval” refers to a method for obtaining customer consent to use, disclose, or permit access to the customer's CPNI. This approval method requires that the carrier obtain from the customer affirmative, express consent allowing the requested CPNI usage, disclosure, or access after the customer is provided appropriate notification of the carrier's request consistent with the requir…

No "affirmative, express consent allowing the requested CPNI usage, disclosure, or access" was obtained by the carrier after "the customer is provided appropriate notification of the carrier's request consistent with the requirements set forth in this subpart", so opt-in approval is not present. I don't see a way to parse this that equates notification to express consent.

Re: Fi now opts you into the use of your CPNI by Alphabet affiliates

#26

Post by clhodapp »

slabity wrote: post #11

Someone needs to tell Google what "Opt-in" and "Opt-out" means. No, if you automatically enroll me into sharing my data with 3rd-parties, that is NOT opt-in. That's completely disingenuous. This should really be illegal.

I wonder whether Google will lose their meager remaining motivation to keep running Fi if they're told to stop doing this.

Re: Fi now opts you into the use of your CPNI by Alphabet affiliates

#27

Post by vel0city »

tguvot wrote: post #17
greyface- wrote: post #14

Earlier quoted context omitted.

It's not. Federal regulations require "affirmative, express consent" for CPNI release approval to count as "opt-in". https://www.govinfo.gov/content/pkg/CFR-2018-title47-vol3/xm...

well, i guess this email constitutes "affirmative, express consent" unless user clicks on opt-out. at least this is conclusion of google legal department.

It's not as there's no guarantee the subscriber ever actually received the email much less made it past their spam filter or that they opened it and read it.

I can't see any way this is "opt-in".

Re: Fi now opts you into the use of your CPNI by Alphabet affiliates

#28

Post by [deleted] »

tguvot wrote: post #17
greyface- wrote: post #14

Earlier quoted context omitted.

It's not. Federal regulations require "affirmative, express consent" for CPNI release approval to count as "opt-in". https://www.govinfo.gov/content/pkg/CFR-2018-title47-vol3/xm...

well, i guess this email constitutes "affirmative, express consent" unless user clicks on opt-out. at least this is conclusion of google legal department.

[deleted]

Re: Fi now opts you into the use of your CPNI by Alphabet affiliates

#29

Post by dee-bee »

tguvot wrote: post #17
greyface- wrote: post #14

Earlier quoted context omitted.

It's not. Federal regulations require "affirmative, express consent" for CPNI release approval to count as "opt-in". https://www.govinfo.gov/content/pkg/CFR-2018-title47-vol3/xm...

well, i guess this email constitutes "affirmative, express consent" unless user clicks on opt-out. at least this is conclusion of google legal department.

The parallel on a website would require a clickwrap, I think they're just being bold and hoping nobody notices and/or they want the suit.
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