Congress Now Getting Involved in the Xbone

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**Ahtman**

Article

Congressmen propose “We Are Watching You Act,” an anti-Kinect bill wrote:
Rep. Mike Capuano (D-MA) and Rep. Walter Jones (R-NC) introduced the “We Are Watching You Act” last week in order to protect the privacy of consumers from DVR boxes (or similar devices) that include built-in cameras and microphones. Verizon, who provides the popular FiOS service, filed a patent application for a DVR with video and audio monitoring capabilities in 2012. But, at this point, it’s unknown if they have such a DVR in development. So for now, the “We Are Watching You Act” is strictly an anti-Xbox One bill as the system’s Kinect sensor is the only device that meets the qualifications of the bill.

The “We Are Watching You Act” would prohibit companies from marketing this kind of monitoring DVR (or Kinect sensor) without first offering consumers the chance to opt-in to the service. The DVR/Kinect operator must also “provide specific details on how collected information will be used and who will have access to the data.” If you do chose to opt-in, when the device is recording it will display “WE ARE WATCHING YOU” in a font “large enough to be readable from a distance.”

While that kind of message might kill the immersive feel of a round of Killer Instinct, it might help with Watch Dogs.

And here’s where it gets messy. The bill would require manufacturers who sell devices that monitor consumers to create a similar device, without monitoring capability, and offer that as well, thus creating two tiers of Xbox One hardware. Rep. Capuano’s statement, and the full text of the bill, can be found at his official website.

**Lynata**

Seems kind of counter-productive @ PRISM

**Cave_Dweller**

Wow, either way it sounds ridiculous. Game company watching you play games (does any game company really want to watch fat kids on the couch screaming at their games!?) or having to create two versions of the console.

I don't see this going anywhere. But, nice try, Sony.

**daedalus-templarius**

hilarious, but I mean, all you have to do is look at the house and their crazy antics, and this isn't really much of a surprise.

**MrMoustaffa**

Cave_Dweller wrote:
Wow, either way it sounds ridiculous. Game company watching you play games (does any game company really want to watch fat kids on the couch screaming at their games!?) or having to create two versions of the console.

I don't see this going anywhere. But, nice try, Sony.

Wouldn't need two consoles, just different versions of kinect, with literally a couple of things taken out of it.

**Ifepy**

I'm surprised the government is getting involved like this and I'm glad they are.

I really don't know what Microsoft was thinking when they implemented those "spying" features. Did they really think people would feel okay with that?

**daedalus-templarius**

Ifepy wrote:
I'm surprised the government is getting involved like this and I'm glad they are.

I really don't know what Microsoft was thinking when they implemented those "spying" features. Did they really think people would feel okay with that?

joke post?

"spying features"?

**DemetriDominov**

daedalus-templarius wrote:

joke post?

"spying features"?

Always on.. all the time....

**Ifepy**

DemetriDominov wrote:
daedalus-templarius wrote:

joke post?

"spying features"?

Always on.. all the time....

The kinect has the ability for Microsoft to watch you does it not? So its not really a joke post.

**Ahtman**

DemetriDominov wrote:
Always on.. all the time....

**Sigvatr**

Ifepy wrote:

I really don't know what Microsoft was thinking when they implemented those "spying" features. Did they really think people would feel okay with that?

I have no idea either. Would you have a webcam permanently online in your living room with no control on what gets send or not? I don't think so. Maybe Sony managed to get some undercover agents in the XBone team and screwed M$ over on purpose.

**daedalus-templarius**

You guys are unintentionally hilarious.

Ifepy wrote:
DemetriDominov wrote:
daedalus-templarius wrote:

joke post?

"spying features"?

Always on.. all the time....

The kinect has the ability for Microsoft to watch you does it not? So its not really a joke post.

and no, lol. It actually doesn't.

**Sigvatr**

Yes, it does. Whether Microsoft uses it or not is another question as we don't have reliable info on this yet.

**Super Ready**

I found this. Unfortunately I couldn't find any original Microsoft press releases or statements to confirm, but I've seen the same news elsewhere and this line of reporting seems to concentrate on the facts rather than going down the "privacy invasion OMG" hyperbole route everyone else seems to be taking.

However, even with the ability to turn most of the options off, the fact that it is set by default and that there isn't an alternative without the Kinect functionality in question is worrying. You only need to consider the number of parents buying one for the kids that won't have read about this on the Internet, and the number of people that *STILL* don't know how to secure their wireless network (or that they need to), to see why the difference between opt-in and opt-out is important.

(Oh, and the principle of being recorded to start with because it will no doubt have to be switched on with those options enabled, to be able to opt-out to start with...)

It's a good thing that Congress is pushing on this. I'm just sad that it's not likely to hold weight over here in the UK, but it would be embarrassing if this passes and our own government didn't then follow suit.

**Sigvatr**

That's what I meant - we don't have any reliable info yet. Microsoft is HIGHLY unreliable as they produce it and stuff like

Whether any data leaves your Xbox One is up to your discretion and according to Microsoft will require your, "explicit permission."

...could just mean "Yo, accept the EULA brah, you wanna play some Cool of Doody, don't ya?"

I mean, the best solution would also be the easist: on / off switch at the back of the Kinect expansion. Tadaa. But Microsoft seems to have some...worrying ideas about the whole thing. Privacy data marketing comes to my mind e.g. checking the #of people watching a movie / series / game.

**TheDraconicLord**

... I never thought I would say this, but I actually agree with this idea. The though that even my console would pretty much be recording my every move is a bit disturbing.

**DA's Forever**

Sigvatr wrote:

...could just mean "Yo, accept the EULA brah, you wanna play some Cool of Doody, don't ya?"

Exactly what I got out of it. I bet "explicit" permission will be jammed into a terms of use deal. I know its our responsibility to read them and that's all well and dandy. However I can't disagree with only 1 thing in those. It's all or nothing. You hit 'Decline" and things usually don't work.

**CthuluIsSpy**

Oh my, first the military and now the senate. Microsoft seems to be making a lot of friends lately

**Skinnereal**

Just cover up the camera?
Why go high-tech, when a hat for the camera will stop any policy or kit they come up with.

**SagesStone**

Seems like a grasp at popularity.

**Super Ready**

Skinnereal wrote:
Just cover up the camera?
Why go high-tech, when a hat for the camera will stop any policy or kit they come up with.

You'd need to disable the microphone somehow, too, if it's separate. I can't think of a way of effectively muffling one without damaging it to the point where you wouldn't be able to complete the mandatory "check-ins".

**TheDraconicLord**

Skinnereal wrote:
Just cover up the camera?
Why go high-tech, when a hat for the camera will stop any policy or kit they come up with.

But the thing is, should anyone be able to pull something like this? It feels we are starting to really be controlled by "Big Brother" since a console can record information about me or anyone else near me when I'm playing and I don't know. I don't want to start wearing a Tin-Foil hat but it's getting close.

**Grundz**

daedalus-templarius wrote:

and no, lol. It actually doesn't.

You're right, everyone remotely involved in the gaming industry who might put software on your xbox are the most moral people in the world, microsoft themselves are captains of industry and has never done anything amoral, there's nothing to worry about citizen carry on.

**Minx**

Interesting that people start to throw a tantrum about the kinect now. Every smartphone or tablet comes with one or two cameras and internet connection nowadays. They've got microphones as well. Oh noez!

Edit: I am not okay with that btw. Just don't pretend the Xbox one is creating a new situation.

**Grundz**

Minx wrote:
Interesting that people start to throw a tantrum about the kinect now. Every smartphone or tablet comes with one or two cameras and internet connection nowadays. They've got microphones as well. Oh noez!

Edit: I am not okay with that btw. Just don't pretend the Xbox one is creating a new situation.

do you mount your smart phone in your living room and sign a EULA allowing any one of the hundreds of vendors that put software on it to check out whats going on in there at any time?

Anyone that says "no they can't" doesn't understand, they can, they /shouldn't/ but there's no forcefield or legal binding protecting you, its just them deciding to go a little bit farther. Same with the hat idea, if they're farming useful information from the microphone/camera they could easily put in a minimum required light level or require recognition to function.

**Minx**

Grundz wrote:
Minx wrote:
Interesting that people start to throw a tantrum about the kinect now. Every smartphone or tablet comes with one or two cameras and internet connection nowadays. They've got microphones as well. Oh noez!

Edit: I am not okay with that btw. Just don't pretend the Xbox one is creating a new situation.

do you mount your smart phone in your living room and sign a EULA allowing any one of the hundreds of vendors that put software on it to check out whats going on in there at any time?

Anyone that says "no they can't" doesn't understand, they can, they /shouldn't/ but there's no forcefield or legal binding protecting you, its just them deciding to go a little bit farther. Same with the hat idea, if they're farming useful information from the microphone/camera they could easily put in a minimum required light level or require recognition to function.

In a way we all mount our smart phones in our living rooms. It might not be that obvious though. And as you said there is no sufficient legal binding to protect us yet if they decide to go a bit further. They don't even need us to sign a EULA, they're just a bit less honest if it's not in the EULA.

**Grundz**

Minx wrote:

In a way we all mount our smart phones in our living rooms. It might not be that obvious though And as you said there is no sufficient legal binding to protect us yet if they decide to go a bit further. They don't even need us to sign a EULA, they're just a bit less honest if it's not in the EULA.

not in a way, dont be obtuse, no one is speaking in metaphors,

**Super Ready**

Minx wrote:
In a way we all mount our smart phones in our living rooms. It might not be that obvious though. And as you said there is no sufficient legal binding to protect us yet if they decide to go a bit further. They don't even need us to sign a EULA, they're just a bit less honest if it's not in the EULA.

It's *really* not the same. Your typical, not-hacked-or-malwared smartphone won't record images or sounds without you explicitly instructing to - it's opt-in. The XBox One can do these things by itself by default. You can turn them off, but because it's opt-out, people may not realise this.
You also don't have third-party vendors accessing your phone's videos, pictures and sounds unless you allow them.

About the only thing smartphones have that you aren't opting into is GPS, for location only. There was enough furore over this (and for certain people there still is) but that has died down with the benefits that it brings, like maps and route planning. The benefits that Kinect brings (the gaming) can easily be done on an "on/off" basis, as is shown by the fact the options exist. Setting them up as opt-out instead of opt-in is only useful for nefarious privacy-invading purposes.

Also, I don't know about Germany but here in the UK they *will* need you to agree before they can legally monitor you. It's classed as invasion of privacy which is only permittable under certain circumstances (for instance, being a criminal suspect or for matters of national security) - not circumstances that Microsoft will be able to claim.

**Lynata**

Super Ready wrote:You'd need to disable the microphone somehow, too, if it's separate. I can't think of a way of effectively muffling one without damaging it to the point where you wouldn't be able to complete the mandatory "check-ins".

I have an idea that involves the "on/off" switch on the electric socket.

TheDraconicLord wrote:But the thing is, should anyone be able to pull something like this? It feels we are starting to really be controlled by "Big Brother" since a console can record information about me or anyone else near me when I'm playing and I don't know. I don't want to start wearing a Tin-Foil hat but it's getting close.

What I find interesting about this is how the US Congress would seem to fight another part of the government (and one that may well have more influence) on the subject, given that the XB1 is from Microsoft, who is a PRISM partner, with the government likely having a certain interest in keeping them onboard for the purpose of gathering information.

Not saying that the XB1's equipment would actually be used in this way, but I can see the possibilities, and if I were the NSA I'd love to have a way to spy into everyone's living room. It's essentially people buying their own bugging devices, completely voluntarily. Don't even need to send an agent over to install the stuff.

[edit] This gives the term "my game is bugged" a whole new meaning

**LordofHats**

n0t_u wrote:
Seems like a grasp at popularity.

Yeah but it says something that this has gotten congresses attention for them to start grand standing.