Lawsuit Claims Microsoft Tracked Sex Toy Shoppers With 'Recording In Real Time' Software (404media.co) 36
Samantha Cole reports via 404 Media: A woman is suing Microsoft and two major U.S. sex toy retailers with claims that their websites are tracking users without their consent, despite promising they wouldn't do that. In a complaint (PDF) filed on June 25 in the Northern District of California, San Francisco resident Stella Tatola claims that Babeland and Good Vibrations -- both owned by Barnaby Ltd., LLC -- allowed Microsoft to see what visitors to their websites searched for and bought.
"Unbeknownst to Plaintiff and other Barnaby website users, and constituting the ultimate violation of privacy, Barnaby allows an undisclosed third-party, Microsoft, to intercept, read, and utilize for commercial gain consumers' private information about their sexual practices and preferences, gleaned from their activity on Barnaby's websites," the complaint states. "This information includes but is not limited to product searches and purchase initiations, as well as the consumer's unique Microsoft identifier." The complaint claims that Good Vibrations and Babeland sites have installed trackers using Microsoft's Clarity software, which does "recording in real time," and tracks users' mouse movements, clicks or taps, scrolls, and site navigation. Microsoft says on the Clarity site that it "processes a massive amount of anonymous data around user behavior to gain insights and improve machine learning models that power many of our products and services."
"By allowing undisclosed third party Microsoft to eavesdrop and intercept users' PPSI in such a manner -- including their sexual orientation, preferences, and desires, among other highly sensitive, protected information -- Barnaby violates its Privacy Policies, which state it will never share such information with third parties," the complaint states. The complaint includes screenshots of code from the sexual health sites that claims to show them using Machine Unique Identifier ("MUID") cookies that "identifies unique web browsers visiting Microsoft sites," according to Microsoft, and are used for "advertising, site analytics, and other operational purposes." The complaint claims that this violates the California Invasion of Privacy Act, the Federal Wiretap Act, and Californians' reasonable expectation of privacy.
"Unbeknownst to Plaintiff and other Barnaby website users, and constituting the ultimate violation of privacy, Barnaby allows an undisclosed third-party, Microsoft, to intercept, read, and utilize for commercial gain consumers' private information about their sexual practices and preferences, gleaned from their activity on Barnaby's websites," the complaint states. "This information includes but is not limited to product searches and purchase initiations, as well as the consumer's unique Microsoft identifier." The complaint claims that Good Vibrations and Babeland sites have installed trackers using Microsoft's Clarity software, which does "recording in real time," and tracks users' mouse movements, clicks or taps, scrolls, and site navigation. Microsoft says on the Clarity site that it "processes a massive amount of anonymous data around user behavior to gain insights and improve machine learning models that power many of our products and services."
"By allowing undisclosed third party Microsoft to eavesdrop and intercept users' PPSI in such a manner -- including their sexual orientation, preferences, and desires, among other highly sensitive, protected information -- Barnaby violates its Privacy Policies, which state it will never share such information with third parties," the complaint states. The complaint includes screenshots of code from the sexual health sites that claims to show them using Machine Unique Identifier ("MUID") cookies that "identifies unique web browsers visiting Microsoft sites," according to Microsoft, and are used for "advertising, site analytics, and other operational purposes." The complaint claims that this violates the California Invasion of Privacy Act, the Federal Wiretap Act, and Californians' reasonable expectation of privacy.
Nice to see (Score:4, Interesting)
Nice to see someone going after this sort of pervasive invasive tracking data bullshit.
Give 'em hell, Stella.
Re: Nice to see (Score:2)
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'What else would one expect a networked sex toy to do?'
Send you ads about every new fuckmachine?
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See, I came here to say the same thing...who doesn't know that this is happening at this point. But Gibgezr is right...it shouldn't be, and while I'm at a point where I doubt this will change anything....Give 'em hell, Stella.
Why stop there? (Score:5, Insightful)
Re: (Score:2)
People are more private about their privates.
Should have stopped the pervy stalkers earlier, or next thing you know they're tracking your eye movements when watching porn so they know which ad better befuddles you.
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If tracking shouldn't be allowed for purchasing of sex toys, then it shouldn't be allowed for purchasing of anything.
To play devil's advocate - something's gotta pay the bills. You've already got companies like Meta doing basically the same thing with information you'd assume should be private. I've had to shitcan more than a few gay dating site ads, because while Meta's targeted ads algorithm is ostensibly accurate enough to correctly determine my sexual orientation, it is still too daft to have figured out that I'm in a committed monogamous relationship.
I'd assume that the details of who's buying sex toys would be equ
Re: (Score:3, Informative)
The tracking is legal, but lying about it in the TOS is not. Even Meta doesn't break that one.
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I KNEW this site had gay people on it!!!!!
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No. Still looking.
Re:Why stop there? (Score:5, Insightful)
To play the Devil - no company deserves to live. (If a company can't survive without doing dodgy shit, then they should be shut down: I'm intensely comfortable with that.)
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The question is who finds it dodgy. One person is desperate to keep their matters private, another will broadcast their matters to the world on every social network they can see. The question of "dodgy" is an open one here. Most people value their privacy at a lower cost than the service being provided, and for them the fact they are tracked is a fair exchange.
Re: (Score:2)
Re: Why stop there? (Score:2)
Broadcast tv, radio, and most other media survives on advertisements before the internet with no tracking. It can be done. They just prefer tracking because itâ(TM)s more effective, but it is not actually necessary.
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Tracking by third parties shouldn't be allowed by sites that say they don't do that.
The sex toy sites specifically said they don't do that, I assume most sites say the opposite.
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Dishonestly, deceptively tracking customers IS the internet. You simply can't separate the two. How much of the internet would remain if, magically, all customer tracking was eliminated?
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Most sites specifically say they track you.
When a site says it doesn't it shouldn't.
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Tracking is almost certainly allowed. But they purportedly state in their privacy policy that they do not track people.
So they shot themselves in the foot all on their own on this one if claim is true. You don't have to provide additional privileges to the customers, but if you promise additional privileges explicitly, you have to actually honor them. Else it's a blatant contract violation.
how to throw your reputation down the tubes (Score:2)
companies are addicted to the sweet cash flow from monitoring consumer habits. but when news like this breaks, they should take the hit in revenue in stride. methinks they won’t.
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Psssh (Score:2)
That's ridiculous. Microsoft wouldn't track anyone. They're the most trustworthy company ever.
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Microsoft isn't the company running the websites
I assume they'll be able to get dropped out of this real quick.
Those poor customers... (Score:2)
They were fucked two ways, and only one of them was pleasurable. The other was decidedly not, and had things in common with rape.
I can't say I'm surprised. And the fact that nobody is, or should be, surprised - that's the saddest part of the story.
Wow... shocking. (Score:2)
This isn't new technology. Not even close. I've had this technology since 2016/2017? At the latest.
Do you really think that platforms like Google Analytics, Google Ads, Facebook, and everyone else isn't doing the exact same thing?
I thought the mass surveillance of our daily lives was fairly well known.
Barbra Streisand effect... (Score:2)
Re: (Score:2)
Wait until (Score:2)
poeple find out what kind of info their internet connected sex toys share.
Job interview (Score:2)
Imagine the questions... ...in 2021 we saw that you aquired a flashlight, so - you're not married huh?
Re: Job interview (Score:1)
Visiting a sex shop website and prudish... (Score:2)
These days it seems you just sue these people for daring to suggest you also buy some johnnies or lube to complement the purchase.
Generally, the internet companies (Score:2)