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Thanks to Siri Recaps, your Apple Watch is always listening

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Re: Thanks to Siri Recaps, your Apple Watch is always listening

#21
This is, I believe, a felony in Massachusetts.

https://www.romanolaw.com/can-i-record-a-conversation-in-mas... (Linking to discussion, not the statute, because it confirms that it is in fact enforced.)

Come to think of it, this would also include smart glasses, etc. And whatever those LG devices were doing. Paging the AG...

Re: Thanks to Siri Recaps, your Apple Watch is always listening

#22
With "use it or loose it" brain feature, I don't really want my natural recap skill to atrophy to make me dependent on this sort of tech. Not considering that they can secretly ship other monitoring features to constantly scan for certain discussions.

Re: Thanks to Siri Recaps, your Apple Watch is always listening

#23
post #21

This is, I believe, a felony in Massachusetts. https://www.romanolaw.com/can-i-record-a-conversation-in-mas... (Linking to discussion, not the statute, because it confirms that it is in fact enforced.) Come to think of it, this would also include smart glasses, etc. And whatever those LG devices were doing. Paging the AG...

> This is, I believe, a felony in Massachusetts.

I hear this a lot but such a perspective elides the novelty (and the actual question):

If I devise a mechanical device that semi-faithfully creates marks that convey information about a conversation - but which does not offer a way to replay the conversation whatsoever - does that constitute a recording subject to two-party consent?

If so, how does this relate to a potential decision to write notes about a call right after as a memo/in my diary?

If so, how does this relate to having my secretary record the conversation in shorthand while listening furtively to the conversation?

Re: Thanks to Siri Recaps, your Apple Watch is always listening

#25
post #12

I like the idea (we’ll see about the execs). It seems to record what I would remember anyway (“yesterday you and Joe and Anupam talked about going fishing a chose a date”) unless I was distracted. It’s like the cameras in the glasses. If all they said is what _I_ know (“That’s Julie who worked in the same group as you at company Z three years ago. You also ran into her at the grocery store shortly after you quit Z an…

I have prosopagnosia. Glasses that could tell me the name of the person talking to me would be amazing. But not if I have to give big tech data about everyone around me

Re: Thanks to Siri Recaps, your Apple Watch is always listening

#26

How does this work in two party consent states? It seems nuts on the face of it. I guess they devolve liability onto the user and wash their hands of it?

it works, in an American context, because the states would have to take it to court and determine if this actually fell under the rules of making a recording. Argument for, there is no recording stored anywhere thus it does not need consent. Argument against, there is obviously a recording made. A recording is made and transmitted between devices and Apple and afterwards deleted, that this happens almost real time as…

Argument for only wins because of the weight of the lawyers they can bring to bear. Clearly ephemeral recording for the purposes of processing violates the spirit of the statute at least. And there is this, from the MGL:

    The term ''interception'' means to secretly hear, secretly record, 
    or aid another to secretly hear or secretly record the contents of
    any wire or oral communication through the use of any intercepting
    device by any person other than a person given prior authority by 
    all parties to such communication.
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Cha...

Oh wait, they are not helping another person to "hear", only to see the words spoken or a summary thereof. Oops, MGL has you there too:

    The term ''contents'', when used with respect to any wire or
    oral communication, means any information concerning the identity
    of the parties to such communication or the existence, contents,
    substance, purport, or meaning of that communication. 
So if you wear a watch in a conversation without consent, and then after the fact the watch tells you who was in the conversation or what it was about, that seems like a facial violation. Maybe it falls under a common carrier exemption, but then that puts legal liability on the wearer not Apple.

This may become a case of we don't enforce the laws against large companies.

Re: Thanks to Siri Recaps, your Apple Watch is always listening

#27
post #12

I like the idea (we’ll see about the execs). It seems to record what I would remember anyway (“yesterday you and Joe and Anupam talked about going fishing a chose a date”) unless I was distracted. It’s like the cameras in the glasses. If all they said is what _I_ know (“That’s Julie who worked in the same group as you at company Z three years ago. You also ran into her at the grocery store shortly after you quit Z an…

Would you ask Joe and Anupam for their consent to be recorded?

I doubt it and this is the actual problem here with those glasses and now the watch.

Re: Thanks to Siri Recaps, your Apple Watch is always listening

#28
post #7

Never bought a smartwatch, even when I was in love with the Pebble. I hate having to charge it every day. I don't need notifications on my wrist. I have a Casio that has a 10 years battery and dual timezone I need when I travel and a TAG Heuer when I need a "better looking" watch. I don't need to track steps or trainings. Even when I did it was with stupid gadgets like early fitbit bands without displays. When I will…

You said a bunch of statements about yourself, and then made a statement about me.

You should have concluded "I don't need a smartwatch."

Not everyone has the same needs.

Re: Thanks to Siri Recaps, your Apple Watch is always listening

#29
post #21

This is, I believe, a felony in Massachusetts. https://www.romanolaw.com/can-i-record-a-conversation-in-mas... (Linking to discussion, not the statute, because it confirms that it is in fact enforced.) Come to think of it, this would also include smart glasses, etc. And whatever those LG devices were doing. Paging the AG...

> This is, I believe, a felony in Massachusetts. I hear this a lot but such a perspective elides the novelty (and the actual question): If I devise a mechanical device that semi-faithfully creates marks that convey information about a conversation - but which does not offer a way to replay the conversation whatsoever - does that constitute a recording subject to two-party consent? If so, how does this relate to a pot…

Not sure why my comment merited a downvote. In any case, quoting from Mass law:

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Cha...

    The term ''interception'' means to secretly hear, secretly record, 
    or aid another to secretly hear or secretly record the contents of
    any wire or oral communication through the use of any intercepting
    device by any person other than a person given prior authority by 
    all parties to such communication.

    The term ''contents'', when used with respect to any wire or
    oral communication, means any information concerning the identity
    of the parties to such communication or the existence, contents,
    substance, purport, or meaning of that communication. 
If you get content, useful or otherwise, from the recording, you are violating the law. Unless you fall under one the exemptions, which you probably don't.

So first question, "devise a mechanical device" -- violates. Second, "write notes", no. Third question, "secretary record" -- no.

Re: Thanks to Siri Recaps, your Apple Watch is always listening

#30
post #7

Never bought a smartwatch, even when I was in love with the Pebble. I hate having to charge it every day. I don't need notifications on my wrist. I have a Casio that has a 10 years battery and dual timezone I need when I travel and a TAG Heuer when I need a "better looking" watch. I don't need to track steps or trainings. Even when I did it was with stupid gadgets like early fitbit bands without displays. When I will…

tap to pay is handy, i would wear something just for that if it lasted all week on a charge.

having a fitness / sleep tracker that i cant wear while i sleep cuz it needs to charge defeats the purpose. doesnt quite fill during a shower.

apple also made it prohibitively cumbersome / confusing to own two devices that boot up to identical instances. why cant i have two pieces of hardware, and whichever one i pick up resumes the session. i dont want them to have two configurations, i want them to mirror each other, if a setting changes on one, it changes on the other.

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