Texas is suing all of the big TV makers for spying on what you watch

theverge.com

772 points by tortilla 2 days ago


ChrisArchitect - 2 days ago

https://archive.ph/3MRXv

autoexec - 11 hours ago

I'm happy to see it. They should have included Roku in that too!

> Roughly twice per second, a Roku TV captures video “snapshots” in 4K resolution. These snapshots are scanned through a database of content and ads, which allows the exposure to be matched to what is airing. For example, if a streamer is watching an NFL football game and sees an ad for a hard seltzer, Roku’s ACR will know that the ad has appeared on the TV being watched at that time. In this way, the content on screen is automatically recognized, as the technology’s name indicates. The data then is paired with user profile data to link the account watching with the content they’re watching.

https://advertising.roku.com/learn/resources/acr-the-future-...

I wouldn't be surprised if my PS5 was doing the same thing when I'm playing a game or watching a streaming service through it.

jsrozner - 2 hours ago

Seriously, why can't we just have a law that makes entirely illegal the retention of any personally identifiable information in any way that is legible to the retainer.

You can store my data for me, but only encrypted, and it can be decrypted only in a sandbox. And the output of the sandbox can be sent only back to me, the user. Decrypting the personal data for any other use is illegal. If an audit shows a failure here, the company loses 1% of revenue the first time, then 2%, then 4, etc.

And companies must offer to let you store all of your own data on your own cloud machine. You just have to open a port to them with some minimum guarantees of uptime, etc. They can read/write a subset of data. The schema must be open to the user.

Any systems that have been developed from personal user data (i.e. recommendation engines, trained models) must be destroyed. Same applies: if you're caught using a system that was trained in the past on aggregated data across multiple users, you face the same percentage fines.

The only folks who maybe get a pass are public healthcare companies for medical studies.

Fixed.

(But yeah it'll never happen because most of the techies are eager to screw over everyone else for their own gain. And they'll of course tell you it's to make the services better for you.)

nneonneo - 9 hours ago

ACR needs to die. It’s an absurd abuse of the privileged position that a TV has - a gross violation of privacy just to make a few bucks. It should be absolutely nobody’s business to know what you watch except your own; the motivation behind the VPPA was to kill exactly this type of abuse.

The greatest irony is that HDCP goes to great lengths to try and prevent people from screenshotting copyrighted content, and here we have the smart TVs at the end just scraping the content willy-nilly. If someone manages to figure out how to use ACR to break DRM, maybe the MPAA will be motivated to kill ACR :)

spike021 - 12 hours ago

I've had the advertising settings disabled on my LG C2 for a while and yesterday I decided to browse the settings menu again and found that a couple new ones had been added and turned on by default.

Good times.

smileybarry - 2 days ago

"All of the big TV makers" except Vizio which is owned by Walmart, of course, who happens to do ACR and ad targeting:

> In August 2015, Vizio acquired Cognitive Media Networks, Inc, a provider of automatic content recognition (ACR). Cognitive Media Networks was subsequently renamed Inscape Data. Inscape functioned as an independent entity until the end of 2020, when it was combined with Vizio Ads and SmartCast; the three divisions combining to operate as a single unit.[1]

1: https://en.wikipedia.org/wiki/Vizio

order-matters - 11 hours ago

It should be illegal to set information collection settings to on by default. Being watched is considered a threat almost universally across all animals.

you would be incredibly uncomfortable with someone wide-eyed staring you down and taking notes of your behavior, wouldnt you? This is what tech companies are doing to everyone by default and in many cases they actively prevent you from stopping them. It is the most insane thing that people only seem to mildly complain about.

nyeah - 11 hours ago

It's always amazing how many people plop anti-consumer comments out here. Like, of course you bastards deserve to be served ads on your own TV that you just paid $800 for. Because why? Because ... the market is wise, and "the market" is screwing us, so ... we must ... deserve to be screwed?

Whatever is being offered to us must be the best deal we can get, because ... it's being offered to us?

What drives this sentiment? Is it Stockholm Syndrome?

rootusrootus - 12 hours ago

Sadly, it seems like the contingent of people who have a problem with Smart TVs is small but noisy, and has no real market power. If there were any significant number of people who would pay for a dumb high end TV, the market would sell them one.

Sort of reminds me how we complain loudly about how shitty airline service is, and then when we buy tickets we reliably pick whichever one is a dollar cheaper.

Rakshath_1 - an hour ago

Smart TVs quietly turning into data collectors feels like the same pattern we’ve seen with phones and apps except now it’s happening in the living room. If ACR is truly opt-out only through vague prompts this case could finally force clearer consent and limits on passive surveillance hardware.

frndsprotocol - 10 hours ago

This is exactly why the current ad model is broken.

Users are tracked without real consent, advertisers still waste budgets, and everyone loses except the platforms collecting the data.

What’s interesting is that you can actually build effective ads without spying at all — by targeting intent signals instead of identities, and rewarding users transparently for engagement.

The tech is already there, but the incentives are still backwards.

emsign - 12 minutes ago

Thanks, Texas.

navaed01 - 4 hours ago

Fundamentally how is this any different from what Google or Meta or Comcast or AT&T do? Comcast knows everything that goes to the TV and sells that data. At&T sells your browsing data… Those are services you pay for monthly.

Sure the method is different but it’s the same goal. Company x learns your interests so It can monetize you by selling to advertisers

zkmon - 2 hours ago

Did they sue Google for reading all your emails? Or Meta for seeing all your personal history? Or Walmart for determining someone's very personal relationships based on their buying patterns? Or just every salesman out there whose job is to be nosy about customer's life and work?

Tempest1981 - 8 hours ago

Nevada has a gaming dept that certifies the firmware in "slot" machines. It shouldn't be hard to do the same for TVs. Maybe include cars too... they like to phone home more than they should.

ortusdux - 12 hours ago

I just want a somewhat trustworthy organization to develop a "DUMB" certification. I would pay extra for a DUMB TV.

I like the suggested "Don't Upload My Bits" backronym.

drnick1 - 12 hours ago

As long as the firmware is proprietary and cannot be inspected or modified, the only reliable way to avoid snooping by tech industry is not to connect any "smart" device to the Internet. Use the TV as a dumb monitor for a PC under your control (running Linux). If streaming service X will not run on Linux because DRM is not implemented or enforceable on a free device, do without it, or find alternative sources for the content (hint: Linux ISOs).

zephyreon - 2 days ago

Perhaps the one thing Ken Paxton and I agree on.

c420 - 2 days ago

"The TVs “are effectively Chinese-sponsored surveillance devices, recording the viewing habits of Texans at every turn without their knowledge or consent,” the lawsuits said."

This explains why Vizio, who is owned by Walmart, was not sued.

ch2026 - 6 hours ago

This is the same AG who sued Tylenol over autism. While we can applaud the effort (broken clock theory?), it’s all but guaranteed he’s getting paid for helping another entity. Corruption is on the menu and fully expected these days.

p0w3n3d - 3 hours ago

I wonder why it takes a one state to wake up legally speaking. Why the Federal Government is not speaking about this... Or EU for that matter

intothemild - 9 hours ago

Reminder. Just don't connect a smart tv to the internet.

Easy fix

DougN7 - 12 hours ago

It seems like there is a big business opportunity for someone to create a box you attach to your network to filter outgoing info, and incoming ads. Too much work for a tiny team to research what everything is talking to, and MITM your devices and watch DNS queries, etc, but if there was something dead simple to block a Samsung fridge from getting to its ad server, I have to think it would sell.

mark_l_watson - 9 hours ago

Good for Texas. State governments often protect us from the federal government. Many laws that we have now were only passed at the federal level when about 2/3 of states previously passed the same laws (e.g., women's voting rights).

1yvino - 12 hours ago

surprising to see that this lawsuit hasn't originated from CA given the privacy laws that was established such as CCPA.

sroussey - 4 hours ago

Do they mention tagging your Bluetooth IDs at the same time?

indoordin0saur - 11 hours ago

In Soviet Russia TV watches YOU!

wileydragonfly - 7 hours ago

“How many times is he gonna watch that Kathy Ireland swimsuit special for 2-3 minutes?”

“X + 1”

I hope they’re enjoying the video footage.

tyjen - 10 hours ago

It's absurd, I've blocked outgoing connections for all home devices and appliances by default. The printer and TV were some of the worst culprits.

wtcactus - 2 hours ago

Sincerely, for anyone technical competent, I don't even see the reason to connect your TV to the internet (or even the local network).

I do have a smart TV, but I have no use for it since my NVIDIA Shield does all the lifting.

(I do agree with the measure, though).

stevenjgarner - 12 hours ago

Did they exclude the makers of video projectors (Epson, BenQ, Optoma, etc) simply because the market segment is too small?

jmward01 - 9 hours ago

I've said it before and I will probably say it again, this is digital assault and should be thought of and treated that way. Companies, and their officers, should be treated criminally for things like this. Most people do not know/understand this is happening and that is by design. Is this view a little hyperbolic? Possibly, but the privacy scales are so far tipped against the average person right now that we need more extreme views and actions to start fixing things.

tonyplee - 12 hours ago

Any good options for wifi/wire gateway (opensource) that can filter and block spying?

29athrowaway - 6 hours ago

Disable Internet connection and just use them as a display.

lifestyleguru - 12 hours ago

Smart TVs turned into computers with monitors and microphones, except the whole computer part is out of our control and they barely work as a monitor.

SunshineTheCat - 10 hours ago

It has been increasingly interesting to me how aligned the interests of platforms are with advertisers against the end consumer.

I don't think I have ever heard a person say they enjoy watching ads (except maybe the super bowl and even then it's a pretty short list).

Despite that, it seems like ads continue to multiply and companies get even more annoying and slimy with how they integrate them.

I guess what I'm wondering is where the breaking point is, when people start abandoning ad-filled platforms all together and ads become less profitable to sell/purchase.

The person or company to figure out a way other than ads to monetize eye balls (and its not just data, that's only used to make better ads) will be the next Google.

StanislavPetrov - 4 hours ago

I've got two more dumb TVs sitting in my closet for when this one burns out for exactly this reason.

mmooss - 9 hours ago

Why focus on TV makers and not include social media and other computer/phone surveillance?

duxup - 2 days ago

I wish my Apple TV could take multiple pass through inputs.

From there I could pick an app or input on the Apple TV and then I'm good.

That's all I want, nothing these TVs try to provide I want, quite the opposite.

I loathe ending up on the TV menu...

robomartin - 8 hours ago

It's about time. They should include Vizio as well.

https://www.reddit.com/r/VIZIO_Official/search/?q=ads

https://www.reddit.com/r/VIZIO_Official/search/?q=advertisin...

It's amazing to see what they have gotten away with in the last few years. The average consumer has no choice and now way to opt out of the nonsense.

kelseyfrog - 2 days ago

Pro plaintif not only because of privacy concerns, but if it raises the cost of televisions by introducing a production inefficiency, it is one step against the Baumol Effect.

- 11 hours ago
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cma - 10 hours ago

Wiretapping laws should apply; you could have an HDMI capture card hooked up to camera with mic etc.

moomoo11 - 11 hours ago

Is this the Californication of Texas?

gambiting - 12 hours ago

Ha, we had a company email to all employees saying that we are not allowed to view any company confidential material on any Samsung TVs and appliances because they will take a screenshot of whatever it is you are watching and send it back to Samsung, unless explicitly disabled in settings but that setting is frequently "bugged" and just turns itself back on after some firmware updates.

wkat4242 - 12 hours ago

Yeayyyy now for the EU to finally do the same. But they're too busy nerfing privacy laws to appease trump.

9dev - 3 hours ago

In other news, Americans discover why the GDPR isn’t such a bad idea after all!

dramm - 10 hours ago

Excellent. Badly needed. Thank you Texas.

reallyhuh - 2 days ago

[flagged]

hulitu - a day ago

> "This conduct is invasive, deceptive, and unlawful. The fundamental right to privacy will be protected in Texas because owning a television does not mean surrendering your personal information to Big Tech or foreign adversaries."

But, but, but, you agreed to the TOS didn't you, or else you cannot use your TV.

pier25 - 5 hours ago

It’s not spying. You agree to that in the tos!

/s

0cf8612b2e1e - 2 days ago

[flagged]

labrador - 2 days ago

[flagged]

Lapsa - 12 hours ago

reminder: there's tech that reads your mind. who gives a fuck about some Smart TV bullcrap

CGMthrowaway - 9 hours ago

Next do Smart TVs listening to you. This is the #1 cause of "uncanny" ads that people get on Facebook, etc. when they think their phone is listening to them. It's usually their TV doing the listening.

edit: why the downvotes?