Woman sues Canadian maker of app-based vibrator - it collects ‘highly sensitive’ info

badbadboy

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Nov 2, 2006
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hmm how should I litigate today? Of course, my toy is giving up my most intimate thoughts lol :D

http://news.nationalpost.com/news/canada/woman-launches-lawsuit-against-canadian-maker-of-app-based-vibrator-saying-it-collects-highly-sensitive-information


OTTAWA — In the ever-growing world of digital connectivity and the “Internet of Things,” how much sharing is too much?

An American woman says the Canadian manufacturer of a smartphone-enabled vibrator has crossed the line by selling products that allegedly secretly collect and transmit “highly sensitive” usage information over the web.

The Chicago-area woman, identified in a statement of claim only as N.P., has launched a proposed class-action lawsuit against Standard Innovation (US) Corp., which is owned by Ottawa-based Standard Innovation Corp.

The suit involves a vibrator called the We-Vibe. A version of the sex toy, called the We-Vibe Rave, which was released two years ago, is Bluetooth- and Wi-Fi- compatible and can be controlled using a cellphone app called We-Connect, allowing users to control the toy’s intensity and vibration patterns. It also allows for partners to control the toy remotely, while other features built into the app allow for private text messages and video calls.

N.P. bought her vibrator in May for $170, downloaded the app that connects to it and used it on several occasions.

We cannot comment on rumour or speculation

Her lawsuit filed on Sept. 2 claims that Standard Innovation Corp. did not do enough to explain how the “sensitive information” being generated by We-Connect users was being used.

“Unbeknownst to its customers … (Standard Innovation) designed We-Connect to collect and record highly intimate and sensitive data regarding consumers’ personal We-Vibe use, including the date and time of each use and the selected vibration settings, and transmit such usage data — along with the users’ personal email address — to its servers in Canada,” reads the court filing.

The filing seeks certification as a class-action complaint and asks the courts for a trial by jury. It alleges the company’s actions demonstrate “a wholesale disregard” for privacy rights and violated a number of U.S. laws.

“(N.P.) would never have purchased a We-Vibe had she known that in order to use its full functionality, (Standard Innovation) would monitor, collect and transmit her usage information through We-Connect,” the statement of claim says.

Standard Innovation said in a statement of its own that it has not yet been notified of the lawsuit.

“We cannot comment on rumour or speculation. Should we receive additional information, we will review it thoroughly and comment at the appropriate time,” the company said.

“There’s been no allegation that any of our customers’ data has been compromised. However, given the intimate nature of our products, the privacy and security of our customers’ data is of utmost importance to our company. Accordingly, we take concerns about customer privacy and our data practices seriously.”

Eve-Lynn Rapp, a lawyer with Edelson PC in San Francisco who is handling the case, said Standard Innovation will be served with papers by Friday.

The lawsuit asks the court for an injunction prohibiting the company from monitoring, collecting and transmitting consumer usage information, damages arising from the invasion of personal privacy, and damages arising from the purchase of the We-Vibe.

Unbeknownst to its customers … (Standard Innovation) designed We-Connect to collect and record highly intimate and sensitive data regarding consumers’ personal We-Vibe use
Standard Innovation said it has been working to improve its data security and privacy practices, including consulting experts. It also said it will strive to better communicate its data practices to customers.

“We are updating the We-Connect app later this month, and the update will include new in-app communication regarding our privacy and data practices and a new feature for consumers to control how their data may be used,” the company said in its statement.

The lawsuit serves as a warning for companies that are increasingly pushing more web connectivity and the sharing of usage data online.

Known in technical circles as the “Internet of Things,” the ever-expanding list of connected devices is staggering. According to information technology researcher Gartner, there are more than 6.4 billion devices connected to the Internet and sharing information online today. That number is expected to hit 20.8 billion devices by 2020, excluding tablets, cellphones and computers, as everything from solar panels to coffeemakers and adult sex aids are hooked up.

In February, the Office of the Privacy Commissioner of Canada released a 34-page report outlining concerns for privacy and data as the Internet of Things continues to take shape.

“The Internet of Things has been compared to electricity, or a nervous system for the planet, to illustrate phenomena that are at once pervasive, unseen and will become crucially integrated within the fabric of our society,” said the privacy commissioner’s report. “Several international experts, thinkers and technology builders are forecasting profound political, social and economic transformations; concerns about privacy and surveillance are chief among them.”

With files from The Canadian Press
 

clu

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Applications relaying identifying details like emails or phone serial numbers without consent is against Apple rules. This was sorted out years ago. Anonymized telemetry data is considered ok and just about all apps do it. The only thing they did wrong was associate the email address with the telemetry.

Though to be fair something like Netflix clearly shares your preferences and since this thing is remote controlled over the Internet there's obviously got to be some similar association with your account that has to be uploaded to the servers. How else would the remote control operation work?
 

nwtl

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This is crazy. I understand the knowledge and storage of frequency that best makes her cum, or the frequency of her cumming, is in question here? And what is this company going to do with this info? Sell it to a third party that can somehow gain some advantage by knowing specifically how to best make her cum? Or release a list of names and their cum-frequency for the world to see and shame them? This one privacy case is going too far.
 

badbadboy

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This is crazy. I understand the knowledge and storage of frequency that best makes her cum, or the frequency of her cumming, is in question here? And what is this company going to do with this info? Sell it to a third party that can somehow gain some advantage by knowing specifically how to best make her cum? Or release a list of names and their cum-frequency for the world to see and shame them? This one privacy case is going too far.
No not that way as far as I can see it's all about "the Internet of Things and storing data the data in a cloud".

It could transmit the serial number of the toy relating to the person on warranty. Then they could place all the data in the cloud which supposedly be shared to third parties.

The article states:

The lawsuit serves as a warning for companies that are increasingly pushing more web connectivity and the sharing of usage data online.
 
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