How Microsoft handles YOUR privacy....

[BiG K]

I was playing FarCry today, until the computer mysteriously restarted when I was busy shooting some monkey thing.

I was praying it was nothing serious, I don't really want to spend anything more on my ageing system, so I have enough cash for a AM2 system.

When I saw the windows boot logo appear, I was relieved. Hardware seems to be fine.


When I logged into windows, I got the usual "Your system has recovered from a serious system error. Would you like to make windows more secure by submitting information to microsoft?"


I dont submit anything to Microsoft I dont need to, and this time was no exception. So instead, I clicked on "More Information" to see if I could figure out why the computer crashed.

Did you know Microsoft is SOOOOO commited to protecting your privacy, they do not intentionally collect any personally identifiable information.


But Microsoft does collect your I.P address, which can in turn can be used to find out such information such as, Name, Address, Email Address and Phone Number.

Microsoft just said they do not INTENTIONALLY collect any personally identifiable information, they just collect your IP address for kicks, or maybe its collected by mistake.


I think the Big M has something more sinister in mind, remember the RIAA can sure you, if you illegally download music through your IP Address. Maybe Microsoft will follow in suit?

These days governments know more about you than yourself, and it seems big corporations are collecting as much information as they can against an individual.

[Ket]

somehow, i just KNEW u would be the one to start this :p

[pilgrim]

Actually, the RIAA do not sue you if you "illegally download" music, they threaten you if you share/upload unlawful copies of music. There is no such concept in law as an "illegal download", although doubtless that wouldnt stop some clever solicitor trying to bring a charge under an existing statute, much like BT did in the Schifren & Gold vs Regina, back in the early 80s, for hacking; they bought charges of illegally extracting electricity! The act of unauthorised access simply wasn't covered by any existing statute at the time.

My understandign is, the RIA would need to prove prior knowledge that the track(s) in question were unauthorised copies, and that you intended to permanently deprive the copy right holder. To break that down, they would have to establish that you knew (in the legal sense) in advance, that the track really was unuathorised and really was what it said it was (ie really was an MP3 copy of Coldplay's The Scientist and not a 3mb file of white noise), which is impossible to know in advance and therefore impossible to establish in law.

Then they would have to prove intent, and again my understanding is that the intent would be "intent to permanently deprive the copyright holder". In this case, it would be deprive of revenue (money) as opposed to deprive of the work (the track). This is analogous to the difference between stealing a car and "taking without owners consent". In the former, the intent is to steal and keep/dispose of, depriving the legal owner of the car. In the later, there is no intent to permanenly deprive the owner, the car is being joyrided/"borrowed" without permission; the intent being to drive and abandon.

But MS and privacy hardly go hand in hand. Windows has had a habit of "calling home" for some time.

But would MS act on the information gathered? I doubt it. it would certainly result in a massive public outcry, breaking faith with its customers, and possibly (nay, probably) result in lawsuits in the US. Also remember, MS UK has a responsibillity under the Data Protection Act, so it might be an interestign exercise seeing if they have applied for any exemptions under the Act. Of course, if they acted on their own then a DP breach might not occur, but it would break a lot of customer faith, and probably cause some awkward questions from commercial customers in the public and private sector.

To their credit though, MS *do* use IP addresses sensibly. I "lost" my Windows XP disk in Dec 2005. The disk was part of the MS Partner Pack, and the associated serial numbers were invalid after April 2006 unless I renewed my subscription, which I didn't. In May 2006 I had a letter from MS asking me to confirm I had destroyed all the software received. I had my suspicions why, and later these were confirmed when MS sent me a further letter detailing the date *and IP address* of when a given serial number was used again.

Shame they didnt send me that before Sept 2006, but thats another matter altogether.