Title 47 - Telecommunication. CHAPTER I - FEDERAL COMMUNICATIONS COMMISSION (CONTINUED). SUBCHAPTER B - COMMON CARRIER SERVICES (CONTINUED). PART 64 - MISCELLANEOUS RULES RELATING TO COMMON CARRIERS.
§ 64.2003 Definitions
(k) Opt-in approval. The term “opt-in approval” refers to a method for obtaining customer consent to use, disclose, or permit access to the customer's CPNI. This approval method requires that the carrier obtain from the customer affirmative, express consent allowing the requested CPNI usage, disclosure, or access after the customer is provided appropriate notification of the carrier's request consistent with the requirements set forth in this subpart.
(l) Opt-out approval. The term “opt-out approval” refers to a method for obtaining customer consent to use, disclose, or permit access to the customer's CPNI. Under this approval method, a customer is deemed to have consented to the use, disclosure, or access to the customer's CPNI if the customer has failed to object thereto within the waiting period described in § 64.2008(d)(1) after the customer is provided appropriate notification of the carrier's request for consent consistent with the rules in this subpart.
§ 64.2007 Approval required for use of customer proprietary network information.
(b) Use of opt-out and opt-in approval processes. A telecommunications carrier may, subject to opt-out approval or opt-in approval, use its customer's individually identifiable CPNI for the purpose of marketing communications-related services to that customer. [...] a telecommunications carrier may only use, disclose, or permit access to its customer's individually identifiable CPNI subject to opt-in approval.
> Opt-in approval. The term “opt-in approval” refers to a method for obtaining customer consent to use, disclose, or permit access to the customer's CPNI. This approval method requires that the carrier obtain from the customer affirmative, express consent allowing the requested CPNI usage, disclosure, or access after the customer is provided appropriate notification of the carrier's request consistent with the requirements set forth in this subpart.
IANAL, but doesn't the "disclosure, or access after the customer is provided appropriate notification" make this entire "opt-in" definition completely legal?
I mean, it was easy for me to opt-out, but I really hate the fact that I had to do so in the first place.
No it is not. They clearly provide precise steps to grant or deny access.
(3) The notification must advise the customer of the precise steps the customer must take in order to grant or deny access to CPNI, and must clearly state that a denial of approval will not affect the provision of any services to which the customer subscribes. However, carriers may provide a brief statement, in clear and neutral language, describing consequences directly resulting from the lack of access to CPNI.
Considering that Fi is on my "Killed by Google" watch list for about two years now especially after the Sprint/T-Mobile merger (Google sees the writing on the wall) and T-Mobile likely buying Mint Mobile (continuing the death spiral of MVNOs in the process). Maybe this is the excuse they needed to shut Fi down entirely who knows.
Seems like this violates a few of the notice requirements most clearly:
(ii) Carriers must allow customers to reply directly to emails containing CPNI notices in order to opt-out;
As it came from a no reply address.
They have "If you prefer to opt out of letting Fi use and share your CPNI with Alphabet and Google services, you can do so by replying here" text in the email with "here" being a hyperlink that takes me to my main google fi profile page but doesn't even turn off the opt-in.
Looking forward to absolutely nothing happening! Is there even a private right of action?
Interesting - yeah does work for me now but last night just redirected to the home page and was still enabled when I checked privacy settings.
I'd argue a hyperlink 4 paragraphs deep in the middle of a sentence doesn't meet the standard of "reply directly" but I'm sure Google's lawyers feel different.
The submitted support article doesn't really provide any details about the change. This is the email they sent users today:
--
Notice about your CPNI settings
Google Fi Wireless takes your privacy seriously. The updated Google Fi Privacy Notice provides information about how we collect and use personal information. This includes your Customer Proprietary Network Information (CPNI).
CPNI includes the destination, technical configuration, and location of your calls and information about the type and amount of services that you purchase and use. Your CPNI does not include your name, address, or phone number.
Google Fi uses your CPNI to:
• Provide your Fi service and related features
• Provide Internet access and voicemail
• Provide protection from fraudulent, abusive, or unlawful use
• Bill you for your Fi service
• Provide customer support and troubleshooting when you need it
From time to time, Fi may wish to provide you with additional information about products, services, and offers from our Alphabet affiliates, including Google LLC, that aren’t among the category of services you’re already purchasing from us, such as offers from Google Store on new Pixel devices. Starting today, we will opt you into the sharing with and use of your CPNI by Alphabet affiliates to receive this information. Your opt in will go into effect 30 days from the date you receive this email.
You’re not required to stay opted in. It’s your right and our duty under federal law to protect the confidentiality of your CPNI. If you prefer to opt out of letting Fi use and share your CPNI with Alphabet and Google services, you can do so by replying here or via Fi’s privacy and security settings at any time (instructions here). Opting out of CPNI sharing won’t affect your account or your ability to use any of Google Fi Wireless’ services. If you do not choose to opt-out within 30 days of receiving this notice, Fi will assume your approval to share your CPNI with other Google services and our affiliates.
We have also updated our Fi Terms of Service. These changes will go into effect on 9/28/23. You can review the updated Terms of Service in full here.
> Starting today, we will opt you into the sharing with and use of your CPNI by Alphabet affiliates to receive this information. Your opt in will go into effect 30 days from the date you receive this email.
What a weird, disingenuous use of the term "opt in".
Can we talk about the dark-pattern in that email body?
- Mention that this doesn't include name/address/phone number, while glossing over that this allows near-GPS level tracking (the "address" part is particularly offensive).
- Talks about what "Google Fi" uses CPNI for, including a bullet list, which is completely irrelevant and not why they're sending this email. It is literally so that you'll skim it, and not read the next paragraph.
- Imply that this is authorizing "Googling LLC" (and other Alphabet companies). But what this is actually doing is authorizing Alphabet's affiliates meaning up to every company in the world.
- They updated the ToS but didn't mention what changed.
I don't understand why everyone is saying this is illegal unless they are just not reading past §64.2003(k) as (l) provides for a the opt-out method, and §64.2007(b) is clear the providers can use either:
>§64.2003(l) Opt-out approval. The term “opt-out approval” refers to a method for obtaining customer consent to use, disclose, or permit access to the customer's CPNI. Under this approval method, a customer is deemed to have consented to the use, disclosure, or access to the customer's CPNI if the customer has failed to object thereto within the waiting period described in § 64.2008(d)(1) after the customer is provided appropriate notification of the carrier's request for consent consistent with the rules in this subpart.
>§64.2007(b)(b) Use of opt-out and opt-in approval processes. A telecommunications carrier may, subject to opt-out approval or opt-in approval, use its customer's individually identifiable CPNI for the purpose of marketing communications-related services to that customer. A telecommunications carrier may, subject to opt-out approval or opt-in approval, disclose its customer's individually identifiable CPNI, for the purpose of marketing communications-related services to that customer, to its agents and its affiliates that provide communications-related services.
Don't get me wrong, I think this is pretty shitty, and I already opted out, but everyone in this thread saying it's illegal needs to brush up on how to read the law.
Carriers can only use opt-out consent for a limited subset of the actions that they can use opt-in consent for. The actions that they say they plan to take do not fall under this subset. See § 64.2005.
Surprising how the e-mail message differs from the setting language:
Allow CPNI sharing (toggle on/off)
Let Google Fi Wireless use and share your Customer Proprietary Network Information with Alphabet affiliates, including Google LLC, to offer you additional products, personalized offers, and services.
E-mail reads like CPNI is essential for service:
Google Fi uses your CPNI to:
Provide your Fi service and related features
Provide Internet access and voicemail
Provide protection from fraudulent, abusive, or unlawful use
Bill you for your Fi service
Provide customer support and troubleshooting when you need it
> If you do not choose to opt-out within 30 days of receiving this notice, Fi will assume your approval to share your CPNI with other Google services and our affiliates.
the data collected by telecommunications companies about a consumer's telephone calls. It includes the time, date, duration and destination number of each call, the type of network a consumer subscribes to, and certain other information that appears on the consumer's telephone bill
It's not one-click, or at least it wasn't for me. I clicked the link in the sentence "If you prefer to opt out of letting Fi use and share your CPNI with Alphabet and Google services, you can do so by replying here", and it took me to the Google Fi homepage. I had to then click on Settings, "Privacy & Security", and finally on "Allow CPNI Sharing". Four clicks total.
4 is still far less effort than having to call Amazon to cancel your account (among the many providers that make opt out / cancel incredibly difficult)
Huh, I did it yesterday and I clicked the 'here' link in the email and it took me to a page that said I was now opted out. I didn't have to do anything additional.
I have a dedicated Google account for Fi, and it took me about 10 minutes to get past the identity verification challenge it threw at me when I tried to log in (for the first time in months) to opt out. I'm opted out now but it was a lot more than one click.
Only if you're already signed in to your Google account in your browser. They are initiating communication in one channel and not accepting a response in that same channel.
Someone needs to tell Google what "Opt-in" and "Opt-out" means.
No, if you automatically enroll me into sharing my data with 3rd-parties, that is NOT opt-in. That's completely disingenuous.
This should really be illegal.
It is illegal. Google is attempting to bend definitions and skirt the law.
https://www.govinfo.gov/content/pkg/CFR-2018-title47-vol3/xm...
Title 47 - Telecommunication. CHAPTER I - FEDERAL COMMUNICATIONS COMMISSION (CONTINUED). SUBCHAPTER B - COMMON CARRIER SERVICES (CONTINUED). PART 64 - MISCELLANEOUS RULES RELATING TO COMMON CARRIERS.
§ 64.2003 Definitions
(k) Opt-in approval. The term “opt-in approval” refers to a method for obtaining customer consent to use, disclose, or permit access to the customer's CPNI. This approval method requires that the carrier obtain from the customer affirmative, express consent allowing the requested CPNI usage, disclosure, or access after the customer is provided appropriate notification of the carrier's request consistent with the requirements set forth in this subpart.
(l) Opt-out approval. The term “opt-out approval” refers to a method for obtaining customer consent to use, disclose, or permit access to the customer's CPNI. Under this approval method, a customer is deemed to have consented to the use, disclosure, or access to the customer's CPNI if the customer has failed to object thereto within the waiting period described in § 64.2008(d)(1) after the customer is provided appropriate notification of the carrier's request for consent consistent with the rules in this subpart.
§ 64.2007 Approval required for use of customer proprietary network information.
(b) Use of opt-out and opt-in approval processes. A telecommunications carrier may, subject to opt-out approval or opt-in approval, use its customer's individually identifiable CPNI for the purpose of marketing communications-related services to that customer. [...] a telecommunications carrier may only use, disclose, or permit access to its customer's individually identifiable CPNI subject to opt-in approval.
> Opt-in approval. The term “opt-in approval” refers to a method for obtaining customer consent to use, disclose, or permit access to the customer's CPNI. This approval method requires that the carrier obtain from the customer affirmative, express consent allowing the requested CPNI usage, disclosure, or access after the customer is provided appropriate notification of the carrier's request consistent with the requirements set forth in this subpart.
IANAL, but doesn't the "disclosure, or access after the customer is provided appropriate notification" make this entire "opt-in" definition completely legal?
I mean, it was easy for me to opt-out, but I really hate the fact that I had to do so in the first place.
3 replies →
No it is not. They clearly provide precise steps to grant or deny access.
(3) The notification must advise the customer of the precise steps the customer must take in order to grant or deny access to CPNI, and must clearly state that a denial of approval will not affect the provision of any services to which the customer subscribes. However, carriers may provide a brief statement, in clear and neutral language, describing consequences directly resulting from the lack of access to CPNI.
1 reply →
I wonder whether Google will lose their meager remaining motivation to keep running Fi if they're told to stop doing this.
Considering that Fi is on my "Killed by Google" watch list for about two years now especially after the Sprint/T-Mobile merger (Google sees the writing on the wall) and T-Mobile likely buying Mint Mobile (continuing the death spiral of MVNOs in the process). Maybe this is the excuse they needed to shut Fi down entirely who knows.
I filed a complaint with the FCC, citing Title 47 of the CFR and including their email to me as an attached PDF.
The complaints link: https://consumercomplaints.fcc.gov/hc/en-us
Seems like this violates a few of the notice requirements most clearly:
(ii) Carriers must allow customers to reply directly to emails containing CPNI notices in order to opt-out;
As it came from a no reply address.
They have "If you prefer to opt out of letting Fi use and share your CPNI with Alphabet and Google services, you can do so by replying here" text in the email with "here" being a hyperlink that takes me to my main google fi profile page but doesn't even turn off the opt-in.
Looking forward to absolutely nothing happening! Is there even a private right of action?
Clicking the link in my email last night immediately forwarded me to a "You have been opted out" page.
I was using Chrome on a Chromebook I was logged into with the account I use for Fi, and the Fi app was installed, though.
Interesting - yeah does work for me now but last night just redirected to the home page and was still enabled when I checked privacy settings.
I'd argue a hyperlink 4 paragraphs deep in the middle of a sentence doesn't meet the standard of "reply directly" but I'm sure Google's lawyers feel different.
The submitted support article doesn't really provide any details about the change. This is the email they sent users today:
--
Notice about your CPNI settings
Google Fi Wireless takes your privacy seriously. The updated Google Fi Privacy Notice provides information about how we collect and use personal information. This includes your Customer Proprietary Network Information (CPNI).
CPNI includes the destination, technical configuration, and location of your calls and information about the type and amount of services that you purchase and use. Your CPNI does not include your name, address, or phone number.
Google Fi uses your CPNI to:
• Provide your Fi service and related features
• Provide Internet access and voicemail
• Provide protection from fraudulent, abusive, or unlawful use
• Bill you for your Fi service
• Provide customer support and troubleshooting when you need it
From time to time, Fi may wish to provide you with additional information about products, services, and offers from our Alphabet affiliates, including Google LLC, that aren’t among the category of services you’re already purchasing from us, such as offers from Google Store on new Pixel devices. Starting today, we will opt you into the sharing with and use of your CPNI by Alphabet affiliates to receive this information. Your opt in will go into effect 30 days from the date you receive this email.
You’re not required to stay opted in. It’s your right and our duty under federal law to protect the confidentiality of your CPNI. If you prefer to opt out of letting Fi use and share your CPNI with Alphabet and Google services, you can do so by replying here or via Fi’s privacy and security settings at any time (instructions here). Opting out of CPNI sharing won’t affect your account or your ability to use any of Google Fi Wireless’ services. If you do not choose to opt-out within 30 days of receiving this notice, Fi will assume your approval to share your CPNI with other Google services and our affiliates.
We have also updated our Fi Terms of Service. These changes will go into effect on 9/28/23. You can review the updated Terms of Service in full here.
Thanks,
Google Fi Wireless team
> Starting today, we will opt you into the sharing with and use of your CPNI by Alphabet affiliates to receive this information. Your opt in will go into effect 30 days from the date you receive this email.
What a weird, disingenuous use of the term "opt in".
iirc, it's cpni compliant.
12 replies →
Can we talk about the dark-pattern in that email body?
- Mention that this doesn't include name/address/phone number, while glossing over that this allows near-GPS level tracking (the "address" part is particularly offensive).
- Talks about what "Google Fi" uses CPNI for, including a bullet list, which is completely irrelevant and not why they're sending this email. It is literally so that you'll skim it, and not read the next paragraph.
- Imply that this is authorizing "Googling LLC" (and other Alphabet companies). But what this is actually doing is authorizing Alphabet's affiliates meaning up to every company in the world.
- They updated the ToS but didn't mention what changed.
I don't understand why everyone is saying this is illegal unless they are just not reading past §64.2003(k) as (l) provides for a the opt-out method, and §64.2007(b) is clear the providers can use either:
>§64.2003(l) Opt-out approval. The term “opt-out approval” refers to a method for obtaining customer consent to use, disclose, or permit access to the customer's CPNI. Under this approval method, a customer is deemed to have consented to the use, disclosure, or access to the customer's CPNI if the customer has failed to object thereto within the waiting period described in § 64.2008(d)(1) after the customer is provided appropriate notification of the carrier's request for consent consistent with the rules in this subpart.
>§64.2007(b)(b) Use of opt-out and opt-in approval processes. A telecommunications carrier may, subject to opt-out approval or opt-in approval, use its customer's individually identifiable CPNI for the purpose of marketing communications-related services to that customer. A telecommunications carrier may, subject to opt-out approval or opt-in approval, disclose its customer's individually identifiable CPNI, for the purpose of marketing communications-related services to that customer, to its agents and its affiliates that provide communications-related services.
Don't get me wrong, I think this is pretty shitty, and I already opted out, but everyone in this thread saying it's illegal needs to brush up on how to read the law.
https://www.govinfo.gov/content/pkg/CFR-2018-title47-vol3/xm...
Carriers can only use opt-out consent for a limited subset of the actions that they can use opt-in consent for. The actions that they say they plan to take do not fall under this subset. See § 64.2005.
What part of 64.2005 excludes the opt-out consent? I read the whole thing. Please quote exactly.
4 replies →
Link to Google Fi settings where you can opt out: https://fi.google.com/account?pli=1#settings/privacy
Thank you for the link!
Surprising how the e-mail message differs from the setting language:
Allow CPNI sharing (toggle on/off)
Let Google Fi Wireless use and share your Customer Proprietary Network Information with Alphabet affiliates, including Google LLC, to offer you additional products, personalized offers, and services.
E-mail reads like CPNI is essential for service:
Google Fi uses your CPNI to:
Provide your Fi service and related features Provide Internet access and voicemail Provide protection from fraudulent, abusive, or unlawful use Bill you for your Fi service Provide customer support and troubleshooting when you need it
Yeah I can’t tell if opting out would compromise service. Will I lose those features (internet access especially) if I opt out?
I’m assuming “no” but appreciate some consensus here.
I forwarded the email to oig@ftc.gov. They say it's the wrong way to complain about consumer issues, but I don't care.
Shouldn't you contact the FCC not the FTC?
> If you do not choose to opt-out within 30 days of receiving this notice, Fi will assume your approval to share your CPNI with other Google services and our affiliates.
I assume this is legally questionable?
Customer Proprietary Network Information (CPNI)
the data collected by telecommunications companies about a consumer's telephone calls. It includes the time, date, duration and destination number of each call, the type of network a consumer subscribes to, and certain other information that appears on the consumer's telephone bill
https://en.wikipedia.org/wiki/Customer_proprietary_network_i...
FFS... Maybe it's time to switch to a regular carrier and pay the Apple tax. This is unscrupulous.
I really don't feel Apple is a good company, but compared to Google, wow. What happened to don't be evil?
Note, they also provide a one click link in the email to opt out, super easy
Still enjoying my sub $30 bills and bloatware free device
It's not one-click, or at least it wasn't for me. I clicked the link in the sentence "If you prefer to opt out of letting Fi use and share your CPNI with Alphabet and Google services, you can do so by replying here", and it took me to the Google Fi homepage. I had to then click on Settings, "Privacy & Security", and finally on "Allow CPNI Sharing". Four clicks total.
I clicked it from my Fi device
4 is still far less effort than having to call Amazon to cancel your account (among the many providers that make opt out / cancel incredibly difficult)
5 replies →
Huh, I did it yesterday and I clicked the 'here' link in the email and it took me to a page that said I was now opted out. I didn't have to do anything additional.
Interesting, I clicked on the link (from mac) and got a thank you for opting out page, nothing else.
I have a dedicated Google account for Fi, and it took me about 10 minutes to get past the identity verification challenge it threw at me when I tried to log in (for the first time in months) to opt out. I'm opted out now but it was a lot more than one click.
well, if you aren't using it, then it would be expected that you probably have more steps to login in after some time away
3 replies →
I also had a terrible experience with the link. Not only that, it's still me having to remove myself from an automated opt in! This makes zero sense!
Made me jump through 6 different pages on a phone where I was already signed in to Google, so ymmv.
Or perhaps there's an A-B testing going on to see how they might be able to tire people out by making the "one-click" opt out harder.
Not sure why you're getting downvoted. It was also a single click for me, in a browser.
Only if you're already signed in to your Google account in your browser. They are initiating communication in one channel and not accepting a response in that same channel.
single-click out-out: http://g.co/fi/cpni-opt-out
one click on that "here" link and I was opted out.