ulTRAX
INDEX:
What is WebTV?
How Does it Work?
Too Good To Be True?
What About Those
Upgrades?
What WTV Says to Advertisers
What About Privacy?
Terms of Service: What's Wrong
With This Picture?
Who Really Owns Your Private
Files?
How Safe Are You & Your Private Files?
Unfair and Arbitrary
Policies
Message Board (inactive)
WEBTVers... JOIN THE REVOLT!
WHAT IS WEBTV?:
WebTV is an inexpensive internet terminal
that uses an ordinary TV for its monitor. Its layout and use
is very intuitive and perfect for someone who may
be intimidated by PCs but would appreciate access
to the internet. WebTV offers Chat,
E-mail, Usenet bulletin boards, streaming audio
and more. For a complete list of features please
visit WebTV' s
Homepage.
WebTV now offers three new models, the Plus, the
Classic2, and the Dishplayer... a satellite version
of the Plus. The Plus boxes integrate TV with the
Web. WebTV also supports two older boxes which are still in stores. Reports are that WebTV provides hidden subsidies to hardware manufactures to keep the price of the boxes artificially low. In doing so it makes up the difference in subscription fees and in advertising. To get the best ad rates WebTV resorts to some of the most intrusive privacy -invading Tracking on-line. Some have suggested that in attempting to conceal this aspect of the business WebTV must gloss over the implications of seeking these preimium rates and plays down or conceals the true extent of their Tracking.
HOW DOES WEBTV
WORK?:
While WebTV can access the internet, it is NOT a
PC and can not use PC software. It is akin to a
"network computer" in that it must rely
entirely on the WebTV Network for proprietary its
service. If you do not like WebTV service you can
not connect your box to a different service!
BEFORE YOU BUY A
WEBTV:
The following is a review of
the shortcomings of WebTV. This is information
WebTV
will never tell you nor will you find it in magazines
which are dependent on advertising. Yet, these
are
important considerations that should go into your
purchase decision.
WHAT ABOUT THOSE FREE
UPGRADES?
While WebTV does offer subscribers free upgrades,
WTV's proprietary platform makes these upgrades
very slow in coming. For example in the
past year there have been 3 minor upgrades: one in November '98 and April '99 plus a "bug fix"
Client upgrade to deal with some longstanding
defects in previous software. This Client upgrade included a spell check feature originally scheduled to be released last November. It was simply too buggy.
WTV's internal limited memory and proprietary operating system also mean many plug ins/formats generally taken for granted by PC users are not and may never be available. For instance, WebTV has used RealAudio3 since 1997. Despite several generations of improvement, WebTV has STILL not upgraded this feature! Some observers feel WebTV is a mere pawn in Microsoft's war to control Web standards... engendering anger and suspicion with many subscribers that WebTV is providing an inferior browser... while putting development resources into money making ventures. For more information please visit here. WebTV is also way behind innovations the rest of the web takes for granted, such as Java and streaming video. For information on WTV's delays in introducing Java, please go here.
Another factor complicating software development is the number of various set-top boxes WebTV makes. Currently there are five models to design for.
Since upgrades take so long to develop
and test, it's not just a long wait between upgrades, it can also take an interminable amount of time to fix software Bugs. If there is a Bug in PC software, a free fix might be available online within days or weeks. But, with WebTV this process can take nearly a year! For example, for nearly 11 months many users had a Bug that froze all the operations of their box. This Bug was documented in Beta Testing in May '98 yet WebTV released the Summer '98 upgrade without fixing it! Even though this, and other Bugs, have been a source
of infuriating frustration to some Subscribers,
WTV has never offered those plagued with such
Bugs even a token good-faith rebate on their
service.
WHAT WTV SAYS TO ADVERTISERS
The language WTV uses in this excerpt from its advertising page is truly Orwellian. WTV brags to potential advertisers that it can:
Build a relationship between your brand and WebTV users from the moment they sign onto the WebTV service. Follow them around during their Internet and TV viewing session. WebTV Networks will help you deliver your message more accurately than ever before.
How WTV accomplishes this feat is outlined below.
WEBTV AND PRIVACY:
FAILING GRADES
The web offers incredible
opportunities to gather private information on us.
This information is often merged with other
databases. Maybe most disturbing is the special
position Internet Service Providers (ISPs) such as WTV have.
They not only know where we surf, but who we are.
Most ISPs admit to some tracking subscriber web surfing so subscribers may be "profiled" and targeted for ads. The reason is simple.... advertisers are willing to pay more for ads that are highly "targeted". The more intrusive the tracking is, the more valuable it is to advertisers.
But, this means ISPs have a conflict of interest between protecting subscriber privacy and meeting the demands of advertisers.
It is in the nature of the WebTV service, with its total dependence on the WTV Network, which allows WebTV to offer its advertisers an unparalleled ability to peer into our most private lives and track everything we do.
WebTV has refused to ever provide a specific list of all the personal data they track. This information has come mainly from Hackers who have discovered Tracking Logs no one suspected existed.
Currently it has been documented that WTV Tracks or Logs the following:
But tracking our on-line activities is just the start. The WebTV Plus and DishPlayer units, which offer interactive TV (iTV) also have the ability to monitor and track your entire family's off-line TV viewing habits!! This updated list includes:
Each night the Plus and Dishplayer boxes dial the service in order to upload this private information. One WEBTV privacy advocate aptly dubbed these Plus units a "Trojan Horse stealing information from our homes in the dead of night." Click here for an example of what information can be included on a TV LOG.
Why does WTV collect this TV data? Because in February '98 Microsoft made an arrangement with Nielsen TV Ratings. It has long been the goal of these ratings services to quietly study and record our private behavior hoping to bypass our conscious attempts to protect our privacy.
In its Privacy Statement WebTV predictably stresses the information they have a legitimate need to collect. In fact they seem to want to bore you with self-evident details... that they need to store your mail and your name for billing purposes, for example. But what is of more concern is what private data WTV has NO legitimate need for yet collects anyway. As said before, to date WTV has never fully stated all the private information it Tracks and Logs! It has been hackers who have exposed much of what WebTV is doing.
WebTV claims not to pass on our true identities to advertisers is NO guarantee our information is safe. The simple fact is WebTV may keep this information linked to our real names. What private info WebTV keeps and for how long, they refuse to disclose. This failure to be forthcoming with its subscribers is extremely troubling. Not only is it potentially subject to abuse within WTV, but there is a growing trend to subpoena ISP records in civil cases. Unwitting Subscribers may have official WebTV Logs used against them in court never knowing that the information had ever been collected! Even if legal considerations are not a concern... who can be comfortable knowing the WebTV service is akin to Big Brother... watching everything they do? Furthermore... since WebTV reserves the right to change its TOS at its sole discretion... who knows what WebTV will do with our private data tomorrow?
WEBTV's TOS: GOOD FAITH &
INFORMED CONSENT?
In an October '98 magazine article former WebTV president Steve Perlman was quoted:
"It not only makes ethical sense to protect peoples' privacy, in the end it makes economic sense. Because if they feel they're being watched or don't feel, they're not going to use your service,"
That is a curious statement from the president of a ISP who must have known WebTV had in reality created an Orwellian Tracking system which essentially turned its Subscriber base into Lab Rats. Be that as it may... let's examine WebTV's actual corporate behavior for signs of these "ethical concerns".
Leaving aside for a moment things like the Print, Credit Card, Chat Logs etc, one might think that before any company began such a massive invasion of a family's private TV viewing habits, as WebTV did, their "ethical concerns" would have had made it imperative to fully inform its subscribers.... or offer an "opt-in" option.
It might rightly be taken as a sign of WebTV's true concern for ethics and its contempt that WTV never formally informs its subscribers in writing of any changes in its Terms of service (TOS)! WebTV's policy places the entire responsibilityon the subscriber to constantly read the TOS for minute changes in wording. A self-serving clause in their policies states our continued use of the WebTV service implicitly signals our agreement with those changes in the TOS.... even if in reality we are totally unaware any changes have been made! In this manner WebTV can in the future essentially give itself permission to do whatever it wants with our private data yet can claim there was "consent" on the part of subscribers. Their continued use of the service indicates they must not mind. Remember there are no Federal laws protecting our private data! This policy is as scandalous as it is transparently self-serving and must change. WebTV knows (since it can track our activities) the vast majority of the subscribers never review the TOS or the Privacy Policy... or have time to decode the legalese looking for a few words that could signal a big change in WebTV's policies. If WebTV wished its subscribers to be fully informed it would take measures to insure that happened! It is a sign of their actual disdain for business ethics that they do not wish us informed. Here's a commentary on WebTV's ever-changing TOS. Even a review of WebTV's official press releases will also not describe WebTV's TV Tracking. Instead, subscribers had to learn about the TV Tracking in the press.... and even this article did not explore the depth of WebTV's intrusion into our private lives. WebTV's current TOS can be found here.
PRIVACY: FOX GUARDING THE
CHICKENS?:
Under growing criticism of
widespread violations of personal privacy on the
web, some industry groups were set to self-police
member sites hoping to fend off Federal
pro-privacy legislation. One of these groups is
called Trust-e and WebTV is a member. The Trust-e
web page is a glorious tribute paying
lip service
to personal privacy. Yet, Trust-e's certification
does NOT apply to WebTV's internet services... only its
corporate website!
As was stated earlier, on-line services, such
as WebTV have a
conflict of interest in that they get revenues
from advertisers who are willing to pay a higher
rate for individually "targeted" ads. But, in
order to profile a subscriber WebTV must track and
categorize what most would consider their
personal web habits. It seems that our only
protection on how WebTV uses private information
is to be found in their Privacy Policy and their
TOS. This is a case of the proverbial fox guarding the
chickens. WebTV's Privacy Policy can be found here.
WEBTV's EVER-CHANGING TOS &
PRIVACY POLICY:
Every Internet Service
Provider (ISP) has a written Terms of Service
(TOS) agreement with its Subscribers. With WebTV
you can not even see it until you have purchased
the box and attempt to register.
In spring of 98 WTV created its Privacy Policy. If one reads it (or the TOS) one will never get any idea of the true extent and depth of WTV's tracking. It is glossed over with vague assurances that no personally identifiable information is ever sold. Despite repeated letters, WTV has not specifically detailed what information they track and why. Together with the vague language of the TOS this would seem to indicate that WebTV is not interested in gaining either "informed consent" or the trust of its subscribers.
WebTV claims it does not sell personally identifiable information to advertisers. But the TOS also states that they can not be held liable for the misuse of our information by either itself or its partners. Since WebTV is under pressure to provide more detailed information to advertisers and since WebTV reserves for itself the right to change the TOS at any time, this is hardly a comforting situation.
COOKIES: Another method our privacy is invaded is by
the abuse of Cookies on the web. While PC users
have the ability to refuse and edit Cookies to
protect their privacy... WebTV does not even
offer access to our Cookie list... let alone
the
ability to delete Cookies. In fact WebTV has long maintained there was no way for us to delete Cookies. This was untrue. That simple code was found proving WebTV at any time could have offered that option.
WHO REALLY OWNS YOUR
PRIVATE FILES?
This is probably
WebTV's most troubling shortcoming. WebTV
stresses family-friendly features, such as
e-mail, the Plus's ability to send video
snapshots and sound clips. They were once even
considering having short video-clips in mail.
But, since the WTV box
has little room for storage, ALL these
personal files, e-mail, address lists, bookmarks,
and family mementos are kept on the WebTV
servers! All of this information can be
deeply personal and have taken years to collect
yet Subscribers have no control over its
storage.
Should you run into difficulties with
WebTV... say, your box breaks and you do not wish
to continue with WTV
service, an inability to pay, or because someone
in your family does
something causing your account to be
terminated... you may permanently be denied
access to your personal files! WNI makes no
provisions to allow someone to salvage what
amounts to their personal property! Whether
WTV keeps these files or for how long is also
unknown. Just losing an e-mail account can have
implications no one imagined. For example, if you
forget a password to a site, they may only be
willing to send it to the mail account that had
been deleted.
HOW SAFE ARE YOU AND YOUR PRIVATE FILES?
All your private files are stored on WebTV's
servers. To access them your box must properly
identify itself to the server. This storage model
is more vulnerable to hacking than if your files
were stored on a PC. In fact, Hackers have been
able to get into other WebTV subscriber's
accounts. Fortunately for WebTV, these Hackers
told WebTV how it was done and while this problem
has been fixed for now, privately WebTV staff
have admitted no security system is foolproof.
Currently WebTV is having to deal with another serious security problem. Anyone who has another person's User ID number can DELETE that user's account... geographical distance is no obstacle! How would someone get these User IDs in the first place?
On at least six separate occasions over the past March '98, the WebTV mailservers were giving this information out! For more information please read this September '99 article.
While the threat above is serious, even more frightening is the WebTV servers occasionally leak more sensitive personal information such as one's real name and home phone number!
UNFAIR AND ARBITRARY
POLICIES:
WebTV has a number of
corporate
"partners". While some just make WebTV hardware,
others are web-based services like TalkCity which
provides Chat services. WebTV essentially herds
its users to these partners by providing
easy links to their sites.
It would seem self-evident that whenever we use the services or one of WebTV's partners... we are essentially agreeing to abide by that partner's TOS. If, TalkCity bans a user for misconduct... in the real world we might just expect that user to be banned only from TalkCity.
Unfortunately, with WebTV this is NOT the case. Being banned from TalkCity has resulted in subscribers being deprived of access to ALL other Chat services... even though the conduct in question may not be a violation of another Chat service's TOS. This policy is both arbitrary and punitive and must be changed.
Numerous people have had their accounts
terminated from WebTV. It is certainly possible
that some did transgress WebTV's TOS. But one
might never know exactly what one's alleged
transgressions were from reading the termination
letters. Despite the fact that termination may
result in a person being deprived access to their
personal file, WebTV offers only form letters
filled with exaggerations and often untruths. A
subscriber attempting to appeal this decision has
no basis for an appeal since specific charges are
not stated! For example one hacker who had worked
with WebTV to fix security holes and had been
thanked for his efforts by now WebTV president
Bruce Leak, was recently terminated without
warning. His story can be found here. Despite WebTV's knowing he is
back on-line, they continue to deny him access to
his original account files!
WEBTV USERS! JOIN THE REVOLT!
If you are WebTV Subscriber and are upset with WebTV's policies... it is not enough to sit back and endure them, YOU MUST ACT!
Suggested courses of action (please write with feedback):
HIT THEM IN THE POCKETBOOK:
PROTECT YOUR PRIVATE DATA:
PROTEST! WRITE! GET INVOLVED!
Remember... corporations respond to pressure. But if they discover they can get away looking out only for their own interests... they will attempt to get away with what they can. WebTV's self-serving policies are a clear example of this. Also, the trend towards greater and greater invasions of our privacy will only continue if we do not act. WebTV, nor any corporation, is entitled to private data WE choose not to share. If you do not stand up for yourself against the arrogant abuse of corporate power.... no one else will. No one.