I think it's high time for legislatures (US, California, EU, whatever) to make this kind of thing outright illegal. No consent popups. No fine print. Just illegal.
Coffee machine scans network? Nope.
Coffee machine reports things about your network? Nope.
TV does ACR? Nope.
TV reports things it incidentally learns about your listening habits? Nope.
TV transmits any microphone data or things derived from mic data that aren't explicit user commands? Nope.
Companies who collect this data even though it's illegal want to sell it or use it for marketing or transfer it to anyone else? Nope.
Company A provides an SDK to company B that does this kind of thing and company B sells the product? A is liable, civilly and criminally, and B is also civilly liable to the extent that they should have and did not exercise due diligence to prevent it.
Company A, company B, and/or the end user have some contract shifting liability? Nope. The parties that the law said are liable are liable, cannot use the contract to avoid liability, cannot use the contract to recover money they have paid as a result of this liability, and cannot enforce arbitration provisions.
Anyone tries to use a contract that is considered illegal under this law? That party becomes responsible for their opposition's legal fees even if they are ultimately found not liable for some other reason.
Police wants to buy this data? Sure, they're welcome to buy what's legally available, except that they, like everyone else, will have a hard time getting the data because it's illegal for anyone to acquire it or sell it.
It's high time to get this done. We've got this and the recent evidence of LG doing all kinds of worse crap and it really should be possible to get some legislators on board.
Coffee machine scans network? Nope.
Coffee machine reports things about your network? Nope.
TV does ACR? Nope.
TV reports things it incidentally learns about your listening habits? Nope.
TV transmits any microphone data or things derived from mic data that aren't explicit user commands? Nope.
Companies who collect this data even though it's illegal want to sell it or use it for marketing or transfer it to anyone else? Nope.
Company A provides an SDK to company B that does this kind of thing and company B sells the product? A is liable, civilly and criminally, and B is also civilly liable to the extent that they should have and did not exercise due diligence to prevent it.
Company A, company B, and/or the end user have some contract shifting liability? Nope. The parties that the law said are liable are liable, cannot use the contract to avoid liability, cannot use the contract to recover money they have paid as a result of this liability, and cannot enforce arbitration provisions.
Anyone tries to use a contract that is considered illegal under this law? That party becomes responsible for their opposition's legal fees even if they are ultimately found not liable for some other reason.
Police wants to buy this data? Sure, they're welcome to buy what's legally available, except that they, like everyone else, will have a hard time getting the data because it's illegal for anyone to acquire it or sell it.
It's high time to get this done. We've got this and the recent evidence of LG doing all kinds of worse crap and it really should be possible to get some legislators on board.