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POL System Scan Privacy Issues? OP Updated 5:39am EST Mar 9Follow

#227 Mar 09 2007 at 4:30 AM Rating: Default
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Privacy laws? My friends, if you use a computer, the word "Privacy" does NOT exist.

Businesses and school collect all information you put into their computers and they DON'T Have to tell you they do it. And they can do with it whatever the f**k they want with it.

Not to mention, I've seen entities go on so far as to try to HACK into a home computer to see what someone is doing.

My school says they don't check anything students do, but I know for a fact they have logged into several things I own (my email) without my consent. All the computers have Spyware that does exactly what POL does now. Except they do it 24/7. And they can take over your computer, remotely, and do whatever the hell they feel like. Not to mention, this spyware-type software installs itself into any external device you put into the computers-namely USB Flash Drives.

My school has even gone so far to attempt to connect to my computer wirelessly (the head of the tech department lives on my street, sadly). I've had to shut down my wireless connection totally to prevent her from doing that (which, in turn, no one can play DS Online XD).

Oh, and lets not get into how biased the school gets about this. I mean, when 4-5-6 students walk into the SAME ROOM, and log into the Internet under the SAME NAME, that has such a name kids shouldn't be logging into it (adult Patron), and get into blocked games like RuneScape, you THINK THAT WOULD RAISE A RED FLAG, ESPECIALLY WITH ALL THE SCANNING THEY DO.........

.....that was more of a rant about my school....still though, if Schools and Businesses can get away with checking peoples emails and logging into their accounts, 10 bucks says SE can get away with scanning your processes.
#228 Mar 09 2007 at 4:41 AM Rating: Default
Ken Burton's Reject
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12,834 posts
Which is why I pointed them to the website agreement.

Much of the terminology of the other agreements is exactly the same.

I also pointed out that Pikko should show us her EULA/TOS. Basically, she and the other admins own where we post, either by lease or actual ownership.

By using it, we are on their grounds.

Therefore, privacy and free speech laws do not apply here.

I can't say the name of the website that sells gil (or I guess gils now...) here. That's because they have the right to censor me.

Privacy law applies to your home. I cannot tap your phone without legal right. I cannot plant a camera outside your house and photograph you. Well, technically I CAN if you don't close the blinds, but lawyers can legally hold me accountable if I do it.

I can connect to your wireless (unless that case headed for the Supreme Court dictates otherwise) and mooch your signal. However, that will hopefully change.

Playing FFXI, viewing POL or going online, you agree to the terms of the place you visit. Yes, that place is visited via your computer in your home. BUT you are still "traveling" there.

Let's not forget that part.
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Olorinus the Ludicrous wrote:
The idea of old school is way more interesting than the reality
#229 Mar 09 2007 at 4:44 AM Rating: Good
Hey Pawk welcome back to totally missing the point. That "Stake in the heart of her argument". What a joke, no where there does it say, "we will monitor process' outside of of our software and collect data that does not pertain to our software.".

Again you are only making yourself look more and more idiotic by continuing to post things that you clearly have no idea how they work.
#230 Mar 09 2007 at 4:45 AM Rating: Good
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1,197 posts
Pawkeshup wrote:

The stake in the heart of the OP's case.
http://img.photobucket.com/albums/v153/osg-rpge/EULAPicture15.jpg

All of this is available through PlayOnline -> Service & Support. Yes, since process scanning IS a legal method to hold you compliant to the EULA, and since you agreed to them doing that, you are, in fact, legally bound to do so.

Oh, it's also in there (but not posted) that you agree to this by continued use of the software. Meaning whenever you start the program, you agree to its usage.


That image, for anyone who doesn't want to click on it wrote:
... (a) You acknowledge that SEI has the right to monitor your use of your PlayOnline account to verify your compliance with the terms and conditions of this Agreement. You further acknowledge that, in the event that SEI suspects that you may not be in compliance with any of the terms of this Agreement, SEI may use any method permitted by applicable law to verify your compliance. If SEI believes (in its sole discretion) that you are not in compliance with any of ...


"your PlayOnline account" != processes information including but not limited to, PIDs, processes names, etc or any information stored in virtual memory

"any method permitted by applicable law" != undisclosed scanning in violation of their own posted privacy act, as per California law, under which SEI makes themselves liable by stating as much at the end of their agreement:
PlayOnline Member Agreement wrote:
Article 7: General Terms
7.1 Governing Law and Jurisdiction.
This Agreement shall be governed by California law, without reference to its rules regarding conflicts of law. Each party hereto hereby irrevocably submits and consents to the sole and exclusive jurisdiction of the courts of the State of California and of the United States of America located in the County of Los Angeles for any action, suit or proceeding arising out of or relating to this Agreement.


Seriously, Pawkeshup, take your own advice and "red" what's already been posted before you come repeat yourself. Better yet, stop accepting what I or anyone else has posted in an internet forum at face value, stop pretending you're a legal expert, and call the relevant parties yourself.

I'll assume you know where to find POL/SEI contact information.
http://www.privacy.ca.gov/ is the website for the Califoria Office of Privacy Protection
http://www.ftc.gov/ is the website for the Federal Trade Commission

Repeating this to you is growing tiresome.

EDIT:
Repeat-O-Matic wrote:
Therefore, privacy and free speech laws do not apply here.


How very, very true. It's probably because California hasn't enacted any legislation like THIS. They should, though, it's a great idea. Matter of fact, if I were going to pass that as legislation, I think I'd call it the California Online Privacy Protection Act of 2003. I should probably copyright that name so they don't get any clever ideas and steal it, eh?

/sleepysarcasm off


Edited, Mar 9th 2007 7:50am by Arketa
#231Pawkeshup, Posted: Mar 09 2007 at 4:48 AM, Rating: Sub-Default, (Expand Post) Wow, you just don't want to get it.
#232 Mar 09 2007 at 4:50 AM Rating: Decent
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1,197 posts
Pawkeshup wrote:
Wow, you just don't want to get it.

Ok, fine. Rally up the troops! POL is scanning your processes! BIG BROTHER IS WATCHING YOU!

Christ, I hope you're not going into law. We have enough people who are useless in that field as is.

It's also interesting to note that they quote California law in the EULA...

Edited, Mar 9th 2007 4:48am by Pawkeshup


http://ffxi.allakhazam.com/forum.html?forum=10;mid=11733838719219803;page=5;howmany=50#1173444333324226998
#233 Mar 09 2007 at 4:50 AM Rating: Decent
Law Expert wrote:
Christ, I hope you're not going into law. We have enough people who are useless in that field as is.



You sir would be at the top of that "useless" list. You continue to prove that point with everyone of your posts where you describe the ToS and EULA since none of that will hold up in court since it is breaking state laws.
#234 Mar 09 2007 at 4:52 AM Rating: Decent
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1,197 posts
jegzus the Meaningless wrote:
Law Expert wrote:
Christ, I hope you're not going into law. We have enough people who are useless in that field as is.



You sir would be at the top of that "useless" list. You continue to prove that point with everyone of your posts where you describe the ToS and EULA since none of that will hold up in court since it is breaking state laws.


You also forgot where s/he quotes sections of it that don't apply.

ZOMG, CHARLES? IS THAT YOU? DID YOU GET FIRED? :/
#235 Mar 09 2007 at 4:58 AM Rating: Default
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174 posts
You are right, SE is wrong. Is that what you want to hear? Well it is true, so there ya' go. And many of you are making very good arguments. And yes, the principles of it all etc. etc., But it really isn't that big of a deal. O.o

Why don't you go check out those 2000+ dat files SE just made for you, and I'm sure in half the time it takes you to check out all the new content, SE will have gotten around to addressing the ToS. No big deal. Stop acting like it deserves a class action lawsuit.

Also, Console gaming > PC gaming. :P

There is no reason you should not be enjoying the day. SE is not poaching your credit card info, or stealing your soul or w/e. IF it did go further then this in regards to privacy invasion, or IF they had some malicious intent then yeah sure, make a big deal out of it.

Honestly though, I don't foresee Bush or anyone else, citing the standards of SE in regards to FFXI, and using that to pass some invasive law. It's just user statistics. And they don't really seem to even bother citing things nowadays anyway, it's just "Here, have this Patriot Act, it's good for you."

And if they actually do ban some people for third party related matters... Good, the game needs less endgamers and more newbs. :P
#236 Mar 09 2007 at 4:59 AM Rating: Default
Ken Burton's Reject
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12,834 posts
Ok. I'll explain this slowly for you.

When you install a piece of software, you agree to abide by the End User's Licence Agreement, or EULA. The EULA spells out that you are accept the terms of the software. Those terms can countermand any law they want to, because you are giving expressed consent to the software and its manufacturer.

It's a legal loophole that keeps spyware companies out of the courts. If you say Yes, I accept these terms, you have accepted the terms. You have waived your legal rights to complain about what the software does.

Why do you think they put the UAC into Vista? The UAC is basically an anti-idiot device that pops up warning you that maybe you need to look at that software you're installing, and its EULA, before proceeding because it's about to do something you might not like. That's at least one reason the UAC exists.

No, I am no legal expert, but neither are you. You called up a government agency, said "I don't see this in their legal terms of agreement." They will draft a letter, and receive the response from SE legal that all the terms are spelled out here.

Your account IS your access to the game. You must abide by both agreements. Since hacking the game and adding processes to POL is a direct violation of the terms of use of both the software and your account, the legal grounds are the same.

You may not reverse engineer or modify the program. You may not interefere with POL's activities. That's all in the EULA if you cared to read. It's also in their generic privacy statement that they have the right to monitor any interactive content.

In other words, they are covered.
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Olorinus the Ludicrous wrote:
The idea of old school is way more interesting than the reality
#237 Mar 09 2007 at 5:01 AM Rating: Decent
Arketa wrote:
You also forgot where s/he quotes sections of it that don't apply.

ZOMG, CHARLES? IS THAT YOU? DID YOU GET FIRED? :/


My bad, I'm still asleep. But you are correct, there is no better way to get your point across than posting sections of the EULA that don't even apply to the argument.
#238 Mar 09 2007 at 5:07 AM Rating: Good
Our Legal Expert wrote:
When you install a piece of software, you agree to abide by the End User's Licence Agreement, or EULA. The EULA spells out that you are accept the terms of the software. Those terms can countermand any law they want to, because you are giving expressed consent to the software and its manufacturer.

It's a legal loophole that keeps spyware companies out of the courts. If you say Yes, I accept these terms, you have accepted the terms. You have waived your legal rights to complain about what the software does.


Thank you for proving my point once again. Smiley: oyvey

Contracts will N-E-V-E-R take precedence over local, state, or federal laws. I hope I said that slowly enough for you.
#239 Mar 09 2007 at 5:08 AM Rating: Decent
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1,197 posts
plutoknight wrote:
Privacy laws? My friends, if you use a computer, the word "Privacy" does NOT exist.

Businesses and school collect all information you put into their computers and they DON'T Have to tell you they do it. And they can do with it whatever the f**k they want with it.

Not true in the slightest.

Quote:
Not to mention, I've seen entities go on so far as to try to HACK into a home computer to see what someone is doing.

My school says they don't check anything students do, but I know for a fact they have logged into several things I own (my email) without my consent. All the computers have Spyware that does exactly what POL does now. Except they do it 24/7. And they can take over your computer, remotely, and do whatever the hell they feel like. Not to mention, this spyware-type software installs itself into any external device you put into the computers-namely USB Flash Drives.

If you are sending email across their system, they are completely within their rights to allow approved software to scan your email for potential security threats to their system.

"take over your computer, remotely, and do whatever the hell they feel like" is pretty much expressly forbidden by anti-intrusion legislation, assuming you meant "without consent"

Spyware legislation also exists. If you're this in the dark, and what you claim is true, I suggest you do your research and defend your rights.

Quote:
My school has even gone so far to attempt to connect to my computer wirelessly (the head of the tech department lives on my street, sadly). I've had to shut down my wireless connection totally to prevent her from doing that (which, in turn, no one can play DS Online XD).

"The head of the tech department" != "My school"
If a private individual is attempting to access your wireless connection, I a) suggest you use WAP encryption, b) suggest you look into your ISP's terms of service regarding such signal piggybacking, and c) also suggest you look into your state's legislation regarding this issue. I've never had to deal with this outside of the state level, so I've never looked into the federal regulations thereof...


Quote:
Oh, and lets not get into how biased the school gets about this. I mean, when 4-5-6 students walk into the SAME ROOM, and log into the Internet under the SAME NAME, that has such a name kids shouldn't be logging into it (adult Patron), and get into blocked games like RuneScape, you THINK THAT WOULD RAISE A RED FLAG, ESPECIALLY WITH ALL THE SCANNING THEY DO.........

Many school IT departments have authorized accounts which can access sites blocked by the school's filtering systems. They have various purposes, but the main reasons I can think of that my husband uses his (as he works for the IT dept of a school board) is to 1. verify that a blocked site should be blocked, outside of whatever NetNannyish list they're provided 2. allow access to sites that provide software or information useful to their network security, but potentially harmful from other locations within the network (and to a lesser extent 3. visit all those websites you wish you could visit when they're on break simply because they're NOT subject to your school/district's internet usage agreement - at least not the same one students are restricted by). Futhermore such an account being accessible by students is considered a security breach, and should be reported. Unless an admin is specifically checking the login times and locations of that particular account, there's no reason to flag it, as it (as an all-access account) cannot do anything that would be flagged...


Quote:
.....that was more of a rant about my school....still though, if Schools and Businesses can get away with checking peoples emails and logging into their accounts, 10 bucks says SE can get away with scanning your processes.

Wait... no, they still can't commit crimes legally.

Have you even bothered to read your school's internet usage terms?


Edited for typos, spelling mistakes, and clarification.

Edited, Mar 9th 2007 8:21am by Arketa
#240 Mar 09 2007 at 5:13 AM Rating: Decent
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Pawkeshup wrote:
I still have yet to actually read any of the rest of this thread, or read what California law has to say on the matter, as I feel it's important to only limit myself to what SEI has said and the few posts that I've skimmed; the California law that governs the contract isn't really important anyway, and most certainly doesn't cover things like contracts in violation of local or state law, and this topic most decidedly wasn't discussed anywhere else in this topic. I just want to keep shouting "I'm right! I'm right!" like an angry toddler in the hopes that you'll break down and give me a cookie (like an angry toddler).



PS. This is my new Pawkeshup response tactic, because it's certainly entertaining me more than repeating myself.

Edited, Mar 9th 2007 8:15am by Arketa
#241 Mar 09 2007 at 5:20 AM Rating: Default
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Talzhemir wrote:
But in the Cali Law it clearly states, that you have to let your customers or online users know if you collect data from them, or there computers.


So it would be ok if they ban you, and mention it's because they detected 3rd party cheat tools on your PC?
#242 Mar 09 2007 at 5:23 AM Rating: Decent
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1,197 posts
Seedling wrote:
Talzhemir wrote:
But in the Cali Law it clearly states, that you have to let your customers or online users know if you collect data from them, or there computers.


So it would be ok if they ban you, and mention it's because they detected 3rd party cheat tools on your PC?


This came up further back in the thread. :/

I seem recall at the end the gist was if they don't disclose they're collecting the data and for that purpose, you have a case against them, but, given the fact that they can ban you for sneezing if they so desire, good luck doing anything about it, or even getting them to admit that that's why they banned you.

It's the mish-mash of two unrelated topics into one single sorta-related topic.

Basically, you sort of have a case because the nondisclosure constitutes a rights violation, but as per the user agreement, they can ban you at will (which doesn't have anything to do with what data they're collecting, or why, in the broader sense).

Edited, Mar 9th 2007 8:25am by Arketa

I forgot to add, since it's come up again thanks to our Repeat-O-Matic Legal Advice Team's recent posting.

The only miniscule, remote, snowball's chance in hell that you'd have of successfully tying those things together and getting around their right to ban you for any reason under the sun would be if, and only if, the user agreement was deemed null and void by an appropriate court (so basically, in California) due to the innacurracy of the privacy policy, but I sure wouldn't want to be that snowball if that's what you're going to base such a case on, considering that SEI still has 29 days to comply & update their policy, during which any matter of banning free-for-all could take place... and even then you're entering into the Catch 22 territory wherein they've violated their policy and yet, so have you.

Edited, Mar 9th 2007 8:30am by Arketa
#243 Mar 09 2007 at 5:26 AM Rating: Decent
Technically you would still have a case since they used information obtained illegally in that case. It would just be a very time consuming and tough legal battle.
#244 Mar 09 2007 at 5:33 AM Rating: Decent
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1,197 posts
jegzus the Meaningless wrote:
Technically you would still have a case since they used information obtained illegally in that case. It would just be a very time consuming and tough legal battle.


Depends entirely on the time frame (see addition, below). I mean, it's legal if they update their policies to reflect the new changes within the 30 day period provided for, and that use is reflected in that change, AND s/he accepts the new policy provided.

I mean, cause then they've complied, it's all legal, and it's back to the basics of did you accept the policy (presumably yes), were you in violation of the policy (running 3rd party apps? yes), and was SEI in violation of their policy (no, if they've updated as stated above), at which point you have no grounds.

Edit: I need to stop distilling my thoughts simply because I'm tired of typing.

addition: and whether or not they actually update that policy, if an appropriate court deems the contract binding or null, etc, etc

What I posted above isn't anything beyond common licensing law if the privacy policy is updated, or a court deems that the contract (the user agreement, in this case) is still legally binding...

Edit again: sorry I distilled my attempt at undistilling >.<

Edited, Mar 9th 2007 8:37am by Arketa
#245 Mar 09 2007 at 7:11 AM Rating: Default
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5,870 posts
Good read so far, interesting view points.

Just letting you all know I am doing my part to rate the trolls down. Have a good one.
#246 Mar 09 2007 at 7:13 AM Rating: Decent
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660 posts
I think it's safe to say the debate can be halted for now, both sides have said what they want and the evidence is there. No point turning this into a flame war.

The OP has started taking steps to see if this will be changed and will await a response from SE (I would assume?).

If you are concerned about the new practice of scanning processes (and rightly so until more info about what/why/and intent is released), just download ProcessGuard and block POL.exe from reading.

Edited, Mar 9th 2007 10:14am by Aniclator
#247 Mar 09 2007 at 9:02 AM Rating: Good
I totally agree with the "this is a total violation of my rights" camp. Although I don't run any 3rd party tools, or windower, etc, I do run many pieces of software that process protected info, such as my CC info, personal info, bank info, etc. Many of these run all the time, and thus would have information resident in my computers memory. Since I don't know what types of data specifically is being looked at, it makes me nervous as to what info is vulnerable on my PC. I will be installing ProcessGuard, but I don't think I should have to.

I think the point that many are missing is how this info is protected at SE. While its probably true that SE is storing this info for use in a benign sense, and not planning to sell or allow it to get out, it is possible that info could be leaked, or stolen. Not a week goes by that some news article doesn't come out describing some security breach where thousands of people's personal records were compromised. All of these companies claimed to have good security measures, yet the info was still compromised. While SE may claim to protect this data, what is to say that it couldn't get lost/stolen just like in these other cases? At least in the former case, I knew exactly what info of mine was compromised, and could take actions appropriately based on that fact. The not knowing part is what is dangerous.

From a legal standpoint, while SE is clearly in violation of the law, its a David versus Goliath scenario. Yea, if SE banned you because of illegally obtained info, they are liable. However, proving that fact will be difficult. Since the damages may be low, most lawyers won't take the case on contingent fees, in other words, you'll be paying $200+ an hour for a lawyer. While their records have to be disclosed during discovery, that process isn't free, or quick. Just like most consumer versus corporation litigation, they have the legal manpower to drag the issue out, trying to bankrupt you into submission. That is why most corporate lawsuits on the consumer side become class actions; the lawyers are looking for a small payout over millions of customers, equals big money for them, little for you. It is possible, but are any of you seriously willing to take it to that level? While I'd love to see SE get sued for this, but honestly, I don't think they are worried about it. More than likely the lawyers wouldn't touch this unless people suffered damages first. And unless SE lets your info get out, i.e sells it or it is stolen, it is VERY difficult to prove damages.

While I'm totally against what SE is doing on principle, the best method is that which the OP has already taken. Contact the correct people in the Gov't and work it that way. If SE refuses to update their ToS, then maybe the CA state's attorney will look into it. Let's give them their 30 days, and if they don't comply, there are other ways to work the issue to protect our rights.
#248 Mar 09 2007 at 9:10 AM Rating: Decent
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261 posts
Pawkeshup wrote:
Ok. I'll explain this slowly for you.

When you install a piece of software, you agree to abide by the End User's Licence Agreement, or EULA. The EULA spells out that you are accept the terms of the software. Those terms can countermand any law they want to, because you are giving expressed consent to the software and its manufacturer.

It's a legal loophole that keeps spyware companies out of the courts. If you say Yes, I accept these terms, you have accepted the terms. You have waived your legal rights to complain about what the software does.


This is amusing, because in the last EULA agreement i accepted, it actually stated that the manufacturer of the product has every legal right to come to my house, take me in the night and drag me to an undisclosed location... Cut off my fingers, toes, hands, feet, arms, and legs... Drop me off in front of a hospital, and i would have no recourse, because i "accepted" their EULA agreement.

Oddly enough.... i don't think that'll hold up in court.

/scarcasm off

Edit:
Before you were to come out and say something about "that's blatently not protected by the EULA" or some other crap, keep in mind that you can't pick and choose what illegal activity could or could not be protected by the EULA... either it all is protected... or it all isn't. And if it all is protected, i'm surprised that the above is NOT in a EULA agreement already.

Edited, Mar 9th 2007 12:15pm by swish
#249 Mar 09 2007 at 9:38 AM Rating: Default
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121 posts
Quote:
I think it's safe to say the debate can be halted for now, both sides have said what they want and the evidence is there. No point turning this into a flame war.


About Flame wars, I found something you should all think about.


http://carcino.gen.nz/images/index.php/00b9a680/463c5922



<3
#250 Mar 09 2007 at 9:39 AM Rating: Default
Scholar
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6,631 posts
IMO, I think it is bad for them not to inform there is a policy change, but I have no objections to be scanned -- does not WoW and PSU also do the same thing?

I have no problem having a internet "big brother" looking at me if they keep us informed why they are doing that. I think it is a paranoid to respond to this as if SE would leak your info or whatever, as your ISP, university, even the online place you buy any other game can in principle leak out your personal information out by accident. What is probably important is that your ISP, university, SE, or online game retailer is they have no practical reason to leak the information out intentionally -- it just does not make sense to do it.

It is unprofessional to not to notify a policy change, but I seriously doubt this would lead to a privacy issue. I think it is over-reacting to focus on "legal asepct in privacy" of it, but I think there is legit reason to be angry for unilateral change of policy without information.

As US Department of Homeland Security said: The only way to complete secure and private from online computer use is to not to use the Internet. That is simply a fact no matter how conservative, liberal, legal or whatever you are.

In principle Pikko, IN, and gang can post my IP where I am posting from, do you think they will do it. If people are so paranoid in Internet privacy, one should not even be posting here.

Edited, Mar 9th 2007 12:45pm by scchan
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#251 Mar 09 2007 at 9:52 AM Rating: Good
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scchan wrote:
IMO, I think it is bad for them not to inform there is a policy change, but I have no objections to be scanned -- does not WoW and PSU also do the same thing?

I have no problem having a internet "big brother" looking at me if they keep us informed why they are doing that. I think it is a paranoid to respond to this as if SE would leak your info or whatever, as your ISP, university, even the online place you buy any other game can in principle leak out your personal information out by accident. What is probably important is that your ISP, university, SE, or online game retailer is they have no practical reason to leak the information out intentionally -- it just does not make sense to do it.

It is unprofessional to not to notify a policy change, but I seriously doubt this would lead to a privacy issue. I think it is over-reacting to focus on "legal asepct in privacy" of it, but I think there is legit reason to be angry for unilateral change of policy without information.

As US Department of Homeland Security said: The only way to complete secure and private from online computer use is to not to use the Internet. That is simply a fact no matter how conservative, liberal, legal or whatever you are.

In principle Pikko, IN, and gang can post my IP where I am posting from, do you think they will do it. If people are so paranoid in Internet privacy, one should not even be posting here.

Edited, Mar 9th 2007 12:45pm by scchan


Read the thread, *please*. There was no policy change, that's why it's an issue.

They slipped this scan in without updating the privacy policy. That's what has been said over and over.

Edited, Mar 9th 2007 12:53pm by ChocoBlaze
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