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

#152 Mar 08 2007 at 8:05 PM Rating: Decent
22 posts
Please dont flame me, but the fact still remains.. They are looking at information stored on our computers, without our concent.

That my friend, is illegal.. INLESS!

After 30 days of recieveing a complaint, they change there ToS.

Let me edit... As of right now, IF Arketa filed a complaint with OPP, they have a 30 day probation period, to edit there ToS.


Edited, Mar 8th 2007 11:07pm by Talzhemir

Edited, Mar 8th 2007 11:08pm by Talzhemir
#153 Mar 08 2007 at 8:07 PM Rating: Default
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1,892 posts
Quote:
(a) The term "personally identifiable information" means
individually identifiable information about an individual consumer
collected online by the operator from that individual and maintained
by the operator in an accessible form, including any of the
following:
(1) A first and last name.
(2) A home or other physical address, including street name and
name of a city or town.
(3) An e-mail address.
(4) A telephone number.
(5) A social security number.
(6) Any other identifier that permits the physical or online
contacting of a specific individual.
(7) Information concerning a user that the Web site or online
service collects online from the user and maintains in personally
identifiable form in combination with an identifier described in this
subdivision.


Quote:
POL>> : 581867110be1cc5686aeb398404de625
>>POL : ZOMG THIS GUY HAS A HOT CHICK DESKTOP BACKGROUND
>>POL : HIS IP ADDRESS IS 209.103.33.15, HE LIVES IN A QUAINT COTTAGE
>>POL : OVERLOOKING A MAGNIFICENT STRETCH OF THE MISSISSIPPI
>>POL : HE IS 5'9", DARK BROWN HAIR, FAIR COMPLEXION AND HAZEL EYES
POL>> : F029CA7D
>>POL : JACKPOT! Configuration_ReadMe.htm GO GET HIM BOYS


Somehow I don't think that SE's needing to get any "personally identifiable information" from scanning your system. Process fingerprints only tell them what's running, not where you are. If they needed your details they already have them.
#154 Mar 08 2007 at 8:09 PM Rating: Decent
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844 posts
Quote:
Do we know exactly what they are looking at/for? Does anyone have any idea how deep this little scan goes?

Have you read the entire thread? It's not about "how deep the scan goes!" It's that they are doing a scan on our systems without first updating their contract information. This is not legal. What don't you understand?

Just because some of us take it more serious doesn't mean it isn't worth fighting for. If nobody cares about important issues, they never get changed/fixed. Our rights are being violated, even if it is just a video game. I dislike that.

You can do what you want. I hope someday your rights are stepped on so you realize how much some people work to protect people like you who just "don't care." Go to a different country where your have no rights. You'll appreciate things in America a lot more, I'd wager.
#155 Mar 08 2007 at 8:10 PM Rating: Good
Talz, now wouldn't they have to be very detailed in what they are collecting and what it is used for in order to be legal? I mean we all know how vague they are when it comes to important pieces of information like this.

My point is if they state "SE can now scan all running process' on a users PC for research ect ect...". But then they turn around and use that information to ban players for using certain applications?? I'm just an EMT so your legal experience would help clear this up for a lot of us I am sure.
#156 Mar 08 2007 at 8:12 PM Rating: Decent
22 posts
I dont believe SEI is doing anything harmful with this information, possibily trying to find out what 3rd party programs you may be using or other system information. But from a law stand point, it should have ben inplemented into SE (Playonline) ToS.
#157 Mar 08 2007 at 8:12 PM Rating: Decent
22 posts
To awnser your question, yes.. They would have to identify WHAT they are collecting and why.

They cant just say we are just scanning your process..

They need to be detailed, as stated in 22575 of the Online Privacy Protection Act of 2003 - Business and Professions.

Edited, Mar 8th 2007 11:15pm by Talzhemir
#158 Mar 08 2007 at 8:15 PM Rating: Good
Argonaut,

Did you not read my post on the last page.... here I will copy~pasta for you.

jegzus wrote:
And for those of you who will say they do not collect any personal information by scanning process', just look at the screen shot I posted. That is how Deadgye knew my full name because it is in the command string of one of the process' that was scanned.


Now how are they not collecting personally identifiable information again?? They got my full name just from the command string on one of my process'. That right there alone falls under this right here, that even YOU had quoted.

Quote:
(a) The term "personally identifiable information" means
individually identifiable information about an individual consumer
collected online by the operator from that individual and maintained
by the operator in an accessible form, including any of the
following:
(1) A first and last name.


Sometimes I seriously wonder if people even bother reading the whole thread or just see one post they want to argue and skip everything else. Smiley: oyvey

#159 Mar 08 2007 at 8:17 PM Rating: Good
22 posts
Now are you asking... Can they use the information they collected prior to editing the ToS? To ban you, or whatnot?
#160 Mar 08 2007 at 8:20 PM Rating: Good
Talzhemir wrote:
Now are you asking... Can they use the information they collected prior to editing the ToS? To ban you, or whatnot?


Actually I am kind of asking both, can they ban us for what they collect prior to editing the ToS. But also if after they update the ToS, if they make it vague or say they are only collecting information for reasearch. But then they ban us because we were using certain programs they do not want us to.

Hopefully I cleared that up.
#161 Mar 08 2007 at 8:21 PM Rating: Decent
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1,892 posts
Now if SE is collecting information that contains "personally identifiable information", I will take back everything I've said. I'm not an idiot when it comes to might privacy, I just don't have blinkers on. Why would SE need your information when they know it already? What would try gain from finding stuff on your PC? Gathering information that was is illegal right?

Technically every time you logon SE is collecting data and transmitting it to their servers, it's called a version check. The same thing can be done for scanning processes. They build up a database of process fingerprints, send them to get verified. If someone is in their databases that they know about and can match the process with a known hacking tool, then your account would be flagged, and a message sent back to your PC to terminate POL.

Now that's hypothetically how I would do it if I programmed the routine, but I didn't so I'm not entirely sure what they get and what they do.
#162 Mar 08 2007 at 8:23 PM Rating: Good
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1,197 posts
Talzhemir wrote:
Also Arketa, you can contact State Senator Robert Nichols – 512-463-0103
http://www.nichols.senate.state.tx.us/

Thats Texas's state representitive.

Or you can contact Judge David Holstein Henderson County Judge.. :D

http://www.co.henderson.tx.us/ips/cms/countyoffices/


Thanks Tal, though I'm still unsure if that's who I should contact stateside since it's still my legal US residence or not >.<

Like I stated before, I went with California's privacy office because of the paragraph at the end of the membership agreement where it says "This Agreement shall be governed by California law" - figured that was straightforward :D
#163 Mar 08 2007 at 8:23 PM Rating: Good
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1,197 posts
Talzhemir wrote:
Please dont flame me, but the fact still remains.. They are looking at information stored on our computers, without our concent.

That my friend, is illegal.. INLESS!

After 30 days of recieveing a complaint, they change there ToS.

Let me edit... As of right now, IF Arketa filed a complaint with OPP, they have a 30 day probation period, to edit there ToS.


Edited, Mar 8th 2007 11:07pm by Talzhemir

Edited, Mar 8th 2007 11:08pm by Talzhemir



The complaint was filed. It's the letter I mention that I'm CC'd on.
#164 Mar 08 2007 at 8:28 PM Rating: Good
22 posts
Well, if they banned you right now, for say.. Using windower, and the evidice they provide was information collected from your computer, PRIOR to the ToS change.. Then you could turn around and sue them, for OPP breach.

Now if they edit the ToS, and you agree to allow them to scan for 3rd party background programs, and or other items. Then there would be nothing you could do about, legaly.

But i'm not sure if SEI has the right to with hold information from you, concerning a ban. Its somthing i'll look into right now.
#165 Mar 08 2007 at 8:29 PM Rating: Good
Argonaut wrote:
Now if SE is collecting information that contains "personally identifiable information", I will take back everything I've said.


Well then shouldn't you be taking it back already since I have already proved that they have collected personally identifiable information. Just because they already have my name does not mean they can collect from other sources on my PC outside of their software. Not without it being stated in the ToS.
#166 Mar 08 2007 at 8:30 PM Rating: Good
22 posts
Yes, you handled the situation properly. California OPP is who you need to speak with, nothing really a statesman could do with this, because the ToS was written and is enforced by California Law.

Quote:
It's the letter I mention that I'm CC'd on


Not sure what CC'd means.. ???

Edited, Mar 8th 2007 11:33pm by Talzhemir
#167 Mar 08 2007 at 8:32 PM Rating: Good
Talzhemir wrote:

Now if they edit the ToS, and you agree to allow them to scan for 3rd party background programs, and or other items. Then there would be nothing you could do about, legaly.


Well what I meant is if they do not make it clear what they are looking for, OR they say it is ONLY for research I.E "traffic Data" but then turn around and ban people for using programs they find in their research.
#168 Mar 08 2007 at 8:35 PM Rating: Decent
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1,892 posts
jegzus: Although I, as well as others love your avatar, it's totally NWS, so I's sorry if I went past something while trying to hide your avatar.

it "Was BLOCKED from reading" the information contained about the process created by that program. SE wouldn't be interested in the path of the file, more the file itself. If they were to collect information it would be at a level of process instance rather than process creation. Think of it this way, you are looking at a lineup picking the guy that just robbed you. You're not interested in where he came from, you're just interested at what he looked like so you can positively id him.

So yes you are right in saying that if they collect the full path of the file (extra weight on the data to be transferred) then they have your first/last name, but if they are doing it the smart and efficient way that won't effect gameplay, then they are only collecting limited data. You have to realise that if they are collecting and proccessing data then they are doing this to many more people than you at the same time, so bogging down their systems with file path's is just a stupid and inefficient way of doing things (then again they do double packet....)
#169 Mar 08 2007 at 8:36 PM Rating: Good
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1,197 posts
Talzhemir wrote:
Yes, you handled the situation properly. California OPP is who you need to speak with, nothing really a statesman could do with this, because the ToS was written and is enforced by California Law.

Quote:
It's the letter I mention that I'm CC'd on


Not sure what CC'd means.. ???

Edited, Mar 8th 2007 11:33pm by Talzhemir


Carbon copied... you know like how at the bottom of my brother's probation letter from the court it says:

Quote:

CC: <my brother's name>
CC: <my brother's lawyer>
CC: <my brother's probation officer>


etc.

Clarification - each person preceeded by a "CC:" on his letter is someone to whom an identical copy of that letter was sent.

CAOPP is sending me the same thing they are sending to SEI, for my own records, basically, and notifying me of any response (at which point I was told I can request a copy of the response to be sent to me).

It is being sent via snail mail though, and it's only been a few hours since I phoned :P

Edited, Mar 8th 2007 11:44pm by Arketa
#170 Mar 08 2007 at 8:37 PM Rating: Decent
22 posts
They will have to specify what they are looking for, forget what section, in the Online Privacy Protection Act of 2003 - Business and Professions Code, but I do believe it states, when collecting data, they (SEI), needs to specify what they are actualy looking for, and collecting.
#171 Mar 08 2007 at 8:39 PM Rating: Decent
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1,892 posts
Talzhemir wrote:
Quote:
It's the letter I mention that I'm CC'd on


Not sure what CC'd means.. ???

Edited, Mar 8th 2007 11:33pm by Talzhemir


dot dot dot

CC means a lot to us, Credit Card, Cross Counters... but most people that use the intraweb and know what email is, knows what Carbon Copy is...

Sorry I think that you are being led down the path with a carrot here.
#172 Mar 08 2007 at 8:42 PM Rating: Decent
22 posts
I know what a carbon copy is, just didnt register.

And Carbon Copys are abreveated as C.C

Also know what BCC means? :D

Blind Carbon Copy.



Edited, Mar 8th 2007 11:44pm by Talzhemir
#173 Mar 08 2007 at 8:42 PM Rating: Good
Argonaut,

The scan was blocked because I told Process Guard to block read permissions for all of my process' just to see what all SE was looking at. If I allowed it to scan the files it would have. I also speculate that if they really are "reading" this information from our PC's then they would have to go deeper than just the name of the process, as you can change names if you really wanted to.

As far as my avitar is concerned, well it really isn't in this thread. And it is work safe as this site has ad's on it that are as revealing if not more so than my avitar. I would also speculate that if my avitar is not work safe, then either is this site and you probably should stop surfing this site while at work.
#174 Mar 08 2007 at 8:43 PM Rating: Default
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705 posts
How the heck is process information 'personally identifiable information"?? It's the WRONG LAW to apply.

I believe the proper law is Computer Fraud and Abuse Act, which is what Sony was sued under with their rootkit. However, you have to demonstrate DAMAGE, and there is none.



#175 Mar 08 2007 at 8:45 PM Rating: Good
Talzhemir wrote:
They will have to specify what they are looking for, forget what section, in the Online Privacy Protection Act of 2003 - Business and Professions Code, but I do believe it states, when collecting data, they (SEI), needs to specify what they are actualy looking for, and collecting.


So could they legally stop my service if the data used as evidence was not mentioned in the ToS that is COULD be used as evidence to ban someone?
#176 Mar 08 2007 at 8:48 PM Rating: Good
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1,197 posts
Anomandarake wrote:
How the heck is process information 'personally identifiable information"?? It's the WRONG LAW to apply.

I believe the proper law is Computer Fraud and Abuse Act, which is what Sony was sued under with their rootkit. However, you have to demonstrate DAMAGE, and there is none.





I was originally told it was looking at process information AND information stored in virtual memory.

If have a text document open that, for some strange reason, contains all my personal data, SSN, banking information, etc, it's in my virtual memory.

SEI doesn't specify what they're collecting, and until they do, there's no way for us, without that information, or without their copy of the collected data, to even know if it is personally identifiable.



I'm just wondering if it's too much to ask to be told before such scanning occurs. (It's a simple matter of respecting my rights. See Blizzard's WoW agreement, yet again.) That would have superb, fantastic, and wonderful. My primary issue is the nondisclosure and therefore innacuracy of the privacy policy in regards to the scanning taking place and information being transferred, none of which is covered by the current policy.

The thread's evolved a bit since then though, but that's where I stand ;)
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