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Period tracking app, Flo, found to be selling user data to Meta

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Re: Period tracking app, Flo, found to be selling user data to Meta

#121
post #98
post #76

Earlier quoted context omitted.

Why get a warrant when you can just buy it? This whole data economy has significantly undermined privacy, including 4th amendment protections.

Admissible evidence probably requires parallel construction and then a warrant. The purchased data is the catalyst but not legally actionable.

Do you have a ruling that says they can't used purchased data?

Re: Period tracking app, Flo, found to be selling user data to Meta

#122
This one seems clear cut as a HIPAA violation. Glad to hear that interpretation was upheld.

However, regardless, we really need to just kill the data broker business model.

Speaking as someone who implemented GDPR for my startup when the law first came into effect, there were certainly rough edges.

But the core premise that you simply cannot sell user data to sub-processors without consent is a powerful one that I believe would fix a lot of broken things in the US system.

(Not least because the USG buys private data that would be unconstitutional for it to directly collect, but also things like the incentives for your cell phone provider to sell your location data to advertisers.)

Re: Period tracking app, Flo, found to be selling user data to Meta

#123

Earlier quoted context omitted.

That sounds not so much as a flaw, as a conscious product decision. And to be honest, doesn't sound like a bad one, not every app needs to work or look the same way, as long as people have choices, they can be responsible for the choices they make. If someone wants a safer but boring app or if someone wants a cute "who gives a fuck about privacy" app, both should be fine.

The government does NOT let people have choices in many cases. People should NOT be forced to choose between medical privacy and potential prosecution. That your comment even implied that would be acceptable in this context is appalling.

I don't know where you got "the government" from, all I'm saying is that apps should be allowed to have cute designs or boring designs, based on their own judgement, and that people should be allowed to freely choose between those. No one should be FORCED to chose anything, I agree, and I didn't imply anything like that.

Re: Period tracking app, Flo, found to be selling user data to Meta

#124
post #105
post #97

Earlier quoted context omitted.

A comparable FOSS app called Drip has been on F-Droid since forever.

Drip has a paradoxical flaw: by trying to be extremely inclusive and making a "gender-neutral" app (without the colour pink) to include trans people, it discourages some people from using it. At least, my friend told me she thought the design was ugly and was looking for a "cute" app, so she ended up using Flo instead of Drip despite my many warnings. I think FLOSS apps often forget that not everyone is a developer o…

Regardless of your opinion on gender and identity politics, surely people can agree that only biological women have periods.

Re: Period tracking app, Flo, found to be selling user data to Meta

#125
post #105
post #97

Earlier quoted context omitted.

A comparable FOSS app called Drip has been on F-Droid since forever.

Drip has a paradoxical flaw: by trying to be extremely inclusive and making a "gender-neutral" app (without the colour pink) to include trans people, it discourages some people from using it. At least, my friend told me she thought the design was ugly and was looking for a "cute" app, so she ended up using Flo instead of Drip despite my many warnings. I think FLOSS apps often forget that not everyone is a developer o…

I think this could easily be fixed by allowing themes of some kind

Re: Period tracking app, Flo, found to be selling user data to Meta

#126
post #105

Earlier quoted context omitted.

Drip has a paradoxical flaw: by trying to be extremely inclusive and making a "gender-neutral" app (without the colour pink) to include trans people, it discourages some people from using it. At least, my friend told me she thought the design was ugly and was looking for a "cute" app, so she ended up using Flo instead of Drip despite my many warnings. I think FLOSS apps often forget that not everyone is a developer o…

Regardless of your opinion on gender and identity politics, surely people can agree that only biological women have periods.

Of course, but treating transgender men like you would a cisgender woman with all the same gendered expectations is both incredibly disrespectful if done on purpose and humiliating for someone who very much does not want to be treated as a woman despite having a period that most likely already makes them very uncomfortable and dysphoric

> only biological women have periods

generally, yes, but there are so many edge cases there with intersex people that it is far easier and more inclusive to just say roughly 50 percent of the human population has periods and avoid having to deal with the million asterisks that come with that statement

Re: Period tracking app, Flo, found to be selling user data to Meta

#127
post #98

Earlier quoted context omitted.

Admissible evidence probably requires parallel construction and then a warrant. The purchased data is the catalyst but not legally actionable.

Parallel construction like that is unambiguously fruit from the poison tree. It should never be allowed, and the fact that it is used routinely is one of the many ongoing travesties in the US.

My understanding is that it would be, if admitted to. That's where the parallel comes in: establish an evidentiary trail that's plausible enough to withstand defense scrutiny, and count on the court itself (ie, judge) not to dig any deeper.

Re: Period tracking app, Flo, found to be selling user data to Meta

#128

Earlier quoted context omitted.

The spying part requires a server. If you use GrapheneOS, you can enable or disable internet access for each app.

> If you use GrapheneOS, you can enable or disable internet access for each app. Not sure what information you're expecting the app in question to surface if you disable internet access for it.

An error? It's useful to know if/when an app wants to access the Internet. So if an app says it's local only you can disable network permissions. Trust but verify.

Re: Period tracking app, Flo, found to be selling user data to Meta

#129

This one seems clear cut as a HIPAA violation. Glad to hear that interpretation was upheld. However, regardless, we really need to just kill the data broker business model. Speaking as someone who implemented GDPR for my startup when the law first came into effect, there were certainly rough edges. But the core premise that you simply cannot sell user data to sub-processors without consent is a powerful one that I be…

HIPAA makes our medical privacy worse, unfortunately.

Same video, different platforms:

(https://odysee.com/@NaomiBrockwell:4/HIPAA:7)

(https://invidious.nerdvpn.de/watch?v=4sfIBRTcRpU)

(https://youtube.com/watch?v=4sfIBRTcRpU)

Re: Period tracking app, Flo, found to be selling user data to Meta

#130
post #105

Earlier quoted context omitted.

Drip has a paradoxical flaw: by trying to be extremely inclusive and making a "gender-neutral" app (without the colour pink) to include trans people, it discourages some people from using it. At least, my friend told me she thought the design was ugly and was looking for a "cute" app, so she ended up using Flo instead of Drip despite my many warnings. I think FLOSS apps often forget that not everyone is a developer o…

Regardless of your opinion on gender and identity politics, surely people can agree that only biological women have periods.

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