New way to track advertising and purchases by cell signal strength violates the law.

 

It never ceases to amaze me just how our rights are violated to make someone a profit every day.

The newest twist (according to Sean Gallagher) is by tracing your cellphone signal strength as you enter and walk around in a mall. This new method

pioneered by Path Intelligence (http://www.pathintelligence.com/) essentially turns your cellphone into a tracking cookie.

 

What begs the question is however the simple fact that this cellphone data can be cross-indexed with credit card purchases, effectively identifying, and indexing “walk by” vs. “purchasing” populations down to the actual identity of the unsuspecting person.

These feckless “data entrepreneurs” (aka spies) have the nerve to state “warnings” are posted, so the public is informed. Here’s their purported “warning” which tells no one anything in the least visible manner possible:

 

It doesn’t state the method used, and is presented in the least attention attracting method possible, in the dullest colors on a mall map along with the url. No one intent on finishing his/her shopping would check that (a fact they have certainly researched and are counting on).

In an effort to expose this, and as a service to our British members, all I can tell you is the mall involved is a Forest City property. I cannot find the identity. They are not quite “transparent”.

Their nefarious efforts are not limited to England, where they can get away with it legally. They are in America also:

In the US, Footpath is being trailed in two malls by “Forest City” (http://www.forestcity.net/Pages/default.aspx), a mall real estate company that owns malls and shopping centers nationwide. Promenade Temecula in Temecula, California, and Short Pump Town Center in Richmond, Virginia are the sites of choice; the trial started twelve days ago, and will run through New Years.” – Sean Gallagher (link above)

Here in America, we are (paradoxically) protected from this type of behavior by “The Patriot Act”:

“There's just one problem with this type of detailed tracking: it's technically illegal, according to Mark Rasch, the director of cyber security at CSC. Thanks to court interpretations of provisions in the Patriot Act, he said in a recent blog, devices that measure cell phones' signal strength could be considered to be "pen registers"—monitoring devices that require a warrant.

"Although this mall technology might not identify specific individuals, it raises a bunch of privacy red flags," he wrote. "First, the instant the consumer identifies himself or herself anywhere in the mall (say, by using a credit or debit card to buy something), it is a trivial task to cross reference the cell phone data with the payment data and realize that the person hanging around outside the Victoria’s Secret dressing room was your 70-year-old neighbor."” – Sean Gallagher (http://arstechnica.com/business/news/2011/11/were-watching-malls-track-shoppers-cell-phone-signals-to-gather-marketing-data.ars)

I wonder if anything will come of that.

In case you were wondering, some malls are also using facial recognition software to track shoppers. That is illegal as well.

In summary, I’d like to see these folks (all of them) brought to justice. I also know nothing like that will ever happen. The most I can do is tell you about it, and by doing so warn you.

 

Sources:

http://storefrontbacktalk.com/securityfraud/mobile-tracking-would-be-great-if-it-werent-illegal-what-everything-has-to-be-perfect-with-you/

http://arstechnica.com/business/news/2011/11/were-watching-malls-track-shoppers-cell-phone-signals-to-gather-marketing-data.ars

 

 

 

82,347 views 41 replies
Reply #1 Top

Turn your phone off.

/me goes back to rewatch 'The Wire'......;p

Reply #2 Top

Hopefully this will be scary enough to stop people using phones in public places.

I really hate it when people talk on the phone in shops, grrr >:(

Reply #3 Top

Quoting Jafo, reply 1
Turn your phone off.

Jafo goes back to rewatch 'The Wire'......
End of Jafo's quote

And if someone needs you emergently? The whole point of the cellphone (any cell phone) is emergent communication. The "convenience" aspect doesn't even figure in here.

Your response begs the question of the legal and privacy violations Jafo, as well as the lack of obtaining consent from the 'tracked' to be participants.

It doesn't matter whether you get the call or not. You are being tracked without your consent.

Those who violate the "reasonable expectation of privacy and use" should be dealt with.

As to the facial recognition software? Do you turn off your face, or wear a Santa beard? How about a burqa?

 

Quoting Fuzzy, reply 2
Hopefully this will be scary enough to stop people using phones in public places.

I really hate it when people talk on the phone in shops, grrr 
End of Fuzzy's quote

Fuzzy... the phones don't actually have to be in use.

 

Reply #4 Top

Quoting DrJBHL, reply 3
And if someone needs you emergently? The whole point of the cellphone (any cell phone) is emergent communication.
End of DrJBHL's quote

Doc...'emergent' is something in the process of emerging.

'in emergency' or 'urgent' .... JAFOCHECK

The 'whole point' of cellphones is the NOW Generation.  People have survived quite admirably WITHOUT the pressures of immediacy.

The world is not different now...only the gimmickry of modernism and marketing drives people's dependency on this crap....;p

Turn the bloody things off and the invasion of privacy goes away.  The exploiters of the technology can go screw themselves.

The reference to 'the Wire' was the cops' ongoing 'battle' with the drug dealers.... chasing phone use and decrypting the messages...;)

Reply #5 Top

A few meanings, mate: :typo:

American Heritage Dictionary:

e·mer·gent

    1. Coming into view, existence, or notice: emergent spring shoots; an emergent political leader.
    2. Emerging: emergent nations.
  1. Rising above a surrounding medium, especially a fluid.
    1. Arising or occurring unexpectedly: money laid aside for emergent contingencies.
    2. Demanding prompt action; urgent.
  2. Occurring as a consequence; resultant: economic problems emergent from the restriction of credit.
n.
One that is coming into view or existence: "The giant redwoods . . . outstrip the emergents of the rain forest, which rarely reach two hundred feet" (Catherine Caulfield).
 
 
Sorry, but the point is "reasonable expectation of privacy" from such illegal tracking.
And it is illegal.
 
As for the "NowGen"... I don't give a toss. I (crotchity OldGen), fully expect privacy from such illegal and unethical tracking.
Reply #6 Top

Oh these pesky Americans...re-inventing the English language.....;p

What's 'reasonable' in 'reasonable expectation of privacy' when it has always been reality that cell phones can be triangulated/tracked by their very nature?

Probably there's a 'reasonable expectation of safety' with their use too....but the Jury is still out on what high levels of radiation do so close to the brain... particularly for extended periods of time.

It's not unlikely this convenience of communication will become the me generation's equivalent of thalidomide...or asbestos....;p

Reply #7 Top

The definition stands, as is. As an Australian who writes in Australian English, you should be prepared to accept an American writing American English. ;)

Quoting Jafo, reply 6
What's 'reasonable' in 'reasonable expectation of privacy' when it has always been reality that cell phones can be triangulated/tracked by their very nature?
End of Jafo's quote

"Reasonable" means your privacy isn't violated by a bunch of yahoos bent on profit who've no 4th Amendment to protect them (ironic), nor the Patriot Act which in this case actually protects us (an unintended outcome, probably).

 

Reply #8 Top

Quoting DrJBHL, reply 7
As an Australian who writes in Australian English, you should be prepared to accept an American writing American English.
End of DrJBHL's quote

I write in English English.  Colloquialisms don't count....;p

"American Heritage Dictionary" ... I mean, please....;p

There are always going to be people who will find ways to 'use' technology that may be less than ideal or legal but as always legislation will be slow to intercede.

It's a pretty sorry state of affairs when car manufacturers are toying with the concept of 'blocking' phone communications in cars so eff-wits don't continue to kill people while driving and texting/talking etc.

Reply #9 Top

We got the nukes. Everyone else just shutup and talk like us.  :grin:

Reply #10 Top

Quoting Jafo, reply 8
"American Heritage Dictionary"
End of Jafo's quote

Like it or not, the accepted definitions remain the accepted definitions. :)

 

Quoting seanw3, reply 9
We got the nukes. Everyone else just shutup and talk like us. 
End of seanw3's quote

XD

Reply #11 Top

Quoting Jafo, reply 4
Turn the bloody things off and the invasion of privacy goes away
End of Jafo's quote

Not really, while it may limit some functions even with power off all smart phones can still be tracked unless the batttery is removed!

Reply #12 Top

Quoting theAVMAN, reply 11
Not really, while it may limit some functions even with power off all smart phones can still be tracked unless the batttery is removed!
End of theAVMAN's quote

So....what's so 'smart' about smart phones then?

Stick with simple telecommunication...a phone should just be a phone.  Everything else is just asking for trouble...ie. tracking and security issues.

Reply #13 Top

interesting to know .. considering the Mrs works in one of the detached stores right next to the promenade.

 

just great. why don't they just brand us and clip on a ear tag while their at it ? :moo:

would love to see these folks get nailed for illegally tracking their customers whereabouts.

tracking the employees is next, " Jim Get out of the crapper and help that customer..uve been in there for at-least 2 min now. that's long enough.." 8(|

Reply #14 Top

I would gladly allow business to track me like this with my cell phone, as long as they pay for the cell service.  I'm annoyed they would think they can just grab my paid-for service and use it without paying!  Come one now...what entitled, spoiled brats these freeloaders are!

Reply #15 Top

Quoting HG_Eliminator, reply 13
the Mrs works in one of the detached stores right next to the promenade.
End of HG_Eliminator's quote

Hmmm... wouldn't happen to be a Pizza Hut, would it? ;)

I'd love to see them get nailed as well, HG... btw. Hoi, Pizza Boi! Good to see you!

 

Quoting k10w3, reply 14
Come one now...what entitled, spoiled brats these freeloaders are!
End of k10w3's quote

They've got it "Made In The Shade". ;)

*doc waves at Karen (and hopes footsy is better!).

 

 

 

Reply #16 Top

I wouldn't be surprised if untrackable / harder to track consumer technology would be the next step in this field. There's definitely a market for it.

Reply #17 Top

... this is absurd.

If we need the freaking PATRIOT Act to protect us from cell-phone tracking in stores, then I think the entire Fourth Amendment doctrine needs a serious reworking.

Reply #18 Top

Fascinating conversation.  The bigger picture is, of course, the sense of entitlement 'marketing' 'people' have towards the rest of us.  Their run amok drive to acquire (rules of acquisition, anyone?) every last penny of divivdends is emulisfying Civil Society.  Civility is going the way of the Do Do bird (last one was eaten by hungry visitor?).  Every basic value, consideration, kindness, civic responsibility, mutual respect of individuals, is now derived not from human dignity, but from the 'invisible hand' of the free market and the corporations spawned by this free market.   We have created a world that, for many of us, is even more perlious then George Orwells' 1984.  His political nightmare took longer to get here.  Its encased in a plush valvet glove.  

And everyone who shops (still has disposable money) loves big brother.  Bring on the sales.  Where did I put my pepper spray? 

Reply #19 Top

This all comes down to one thing, choices. 

As a society, in these technical times, we are given or have thrown at us lots of devices that are said to improve our lives and make it so much better.  But do they really?  We all react like we a children receiving toys, 'I want' becomes the phrase of the day.  There are very few of us that even thinks or look past the pretty wrapper about what using these 'toys' means.

Whenever one of us dares to ask the question 'How did our parents ever get through the day without this?' we are very quickly pushed to the side of the road.

Also, does anyone listen to the reasons or excuses that are given for needing these items of technology. 

I'm not against the use of technology in our lives, just the miss use of it.  :S

 

 

 

Reply #20 Top

Well, when you look at history, I don't know how strongly all our most important values were ever collectively derived from human dignity. It's never really been a choice. And that can be either viewed as a blessing in the olden times or a cause for the problems of free market today.

Reply #21 Top

Slowly even erosion creeps into the most corrupt of societies. Who said we had cornered the market on it? Hmmm

Reply #22 Top

Quoting DrJBHL, reply 15
Hoi, Pizza Boi! Good to see you!
End of DrJBHL's quote

 

 

They don't let me out much any more, some crap about being a barbarian in a civilized world, or some such nonsense. Ya burgle one too many pizzas and folks go all ballistic.. 8O

Reply #23 Top

Philly0381, recently I've begun to wonder if there will be a larger pushback with regards to this high tech craze. I was born and raised with pretty much every single high tech gizmo that I could dream of. I am an IT expert now and know my way around technology perfectly. But in the past year or so, I've gotten rid of my smart phone (I have a very cheap Nokia phone that has some functions but not a lot), lost all interest on getting any new toys and generally just enjoy a more simplistic life tech-wise.

I don't know if I'm just an exception or whether a lot more people will snap out of the tech craze and try to make the tech adapt to your life, not the other way around. I still use technology, but it has begun to seriously lose its control over me. I'm still somewhat addicted to being online when at home, but that's something that wouldn't be that hard of an habit to kick should I get motivation to do it.

Reply #24 Top

None of it existed in the 50's and 60's, that's my time. I'm happy with my laptop. No cell phone or any of that other stuff. Don't need all that other stuff. But my lappy ..... I'd use that 24/7 if I could.

Reply #25 Top

Quoting HG_Eliminator, reply 22
Quoting DrJBHL, reply 15Hoi, Pizza Boi! Good to see you!

 

 

They don't let me out much any more, some crap about being a barbarian in a civilized world, or some such nonsense. Ya burgle one too many pizzas and folks go all ballistic..
End of HG_Eliminator's quote

Go figure.