I ̶D̶o̶ ̶N̶o̶t̶ Accept the Terms and Conditions

it-securityUnfortunately, I will have to admit that I have not read more than a line or two of  the “user agreement” of any app I have ever downloaded. I suppose this is good incentive to start now. I will explore Pandora Radio’s Terms and Conditions, an app I use almost exclusively for music variation during work outs. I attempted to explore “Robinhood”, a brokerage app’s terms, but was pleasantly surprised to it was more than a disclaimer of ways not to be sued than a list of data they collect on me. So back to Pandora, one way in which they collect information that’s not blatantly obvious is public census and demographic data, “Government or quasi- or pseudo-governmental agencies or organizations that provide or make available, to the public, census and demographics data.” A second data collection method that was surprising was Pandora’s use of alpha-numeric cookies, which they embed from their servers onto your device. A third is Pandora’s right to use the phone GPS to identify your location at any given point. This technology does not seem very effective though because I still get ads for locales in Greenville, NC when I attended ECU there 2 years ago. The app most likely uses this information to tailor ads specific to local businesses, and uses the cookie to monitor your use and habits of how you use the service. The demographic data I would like to assume helps identify new songs and potential artists you may like based on predictive analytics, but somehow I doubt they are using that solely for the listener’s benefit. The information could be useful to other parties for targeted marketing and advertising. Users that listen to certain songs or live in certain areas might be more susceptible to buy certain items.

I think the process of this information gathering is loosely ethical. In this day and age no one reads terms and conditions, but we also have a general understand that apps do gather information on us. I think using government census data from quasi-government agencies is borderline unethical. I think most users of the technology may not be enraged about this, but they would also not be pleased. I wouldn’t call this hacking. Hacking by definition is illegal. Unfortunately you do not have the option to opt out of the terms and conditions and still use the technology, but at the same time most will willfully accept them. So legally they are not doing anything wrong. Legal hacking might be an interesting synonym to use for their practices.

If I were interested in shedding light on a privatized subject that is morally wrong (in my opinion) to keep hidden from the public I still probably would not do it. I would not do it, not because I think it is ethically wrong (apart from the taking of someone’s private material) but because it is still illegal and I have to take my own life and happiness in consideration. I can only imagine that if I exiled myself on perjury accusations like Edward Snowden, I may live a life of anxiety and regret. However, I do respect even applaud individuals and organizations that expose dirty secrets and corruption. Again, morally and legality are two separate entities. Hacking data from pretty much any organization is going to be illegal, whether or not you are doing it for the right reasons. Breaking into someone’s home to save them from a fire in their sleep is still technically trespassing. The good intent doesn’t always align with the restrictions of a maladjusted legal code.

If I had to put myself in the shoes of a famous hacker such Kevin Mitnick, I would argue that if I had the skills to reveal corruption or dirty secrets hidden by big companies or the government it would be my civic duty to reveal them. Is it your legal right? Absolutely not. I think it is not ethical to put people on trial for evidence that was stolen, in the same way that it is not ethical to include information gathered from someone’s home if a warrant was not obtained. Legal and ethical are not always congruent with one another.

3 Responses to “I ̶D̶o̶ ̶N̶o̶t̶ Accept the Terms and Conditions

  • Wardwilliams
    8 years ago

    Speaking of breaking the law for the right reasons, I remember a story from a while ago where a man, who was going to break into someone’s home, but once he did he found child pornography on the owner of the house’s computer. He called the police to report what he found, but he was still arrested for breaking into someone’s home. Now granted what this burglar did he didn’t do with the intention of going something good, but he still did the right thing even though he knew he’d get in trouble. So in the case of hacking, even if it’s still an illegal act, since it’s still intended to help people (in the cases we’ve discussed, obviously it can be used for evil), is it a really fair punishment?

  • lisacrom22
    8 years ago

    I have similar feelings about what it means for something to be ethical or not. And I like your phrasing of “borderline unethical,” especially in regards to data gathered by quasi-government agencies. It’s well-put what you said about how people may not necessarily become enraged when learning about where our data might go, but there is a certain uneasiness when we actually consider where it might go. And why–the why is really what gets me. But I am coming to terms more with the fact that big data exists on the premise that it figures out the why later. I think that there would be more resolution if company’s stated in their terms and conditions more clearly that it isn’t necessarily clear what they might need data for. The fact that random data has the potential to be immensely helpful or insightful in the future is something I can accept, but I want to know exactly where it is going.

  • Loosely ethical is a good term to describe the process of information gathering in regards to many apps. Great analysis on Snowden as well and how you think you would handle an issue similar to that. Thanks for your post!

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