Comment by greyface-
3 years ago
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.
No "affirmative, express consent allowing the requested CPNI usage, disclosure, or access" was obtained by the carrier after "the customer is provided appropriate notification of the carrier's request consistent with the requirements set forth in this subpart", so opt-in approval is not present. I don't see a way to parse this that equates notification to express consent.
You use more than one services from Google. You have to have a Google account before you sign up with Fi. Google is allowed to use opt-out.
§ 64.2005 Use of customer proprietary network information without customer approval.
(1) If a telecommunications carrier provides different categories of service, and a customer subscribes to more than one category of service offered by the carrier, the carrier is permitted to share CPNI among the carrier's affiliated entities that provide a service offering to the customer.
1 reply →
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.
You just quoted a random, unrelated part of the regulation. Nobody is claiming that the notice is inadequate because it lacks a description of precise steps. The notice is inadequate because it alleges that Google will use opt-out approval for purposes that are only allowed with explicit opt-in approval.