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Sears Installs Spyware
Gandalf_the_Beardy writes in with news that's been around a while but is getting more attention lately. Last month Benjamin Googins, a security researcher at CA, determined that Sears Holding Corp. installed ComScore spyware without adequate disclosure. Sears said, yes we tell people about tracking their browsing. On Jan. 1 spyware researcher Ben Edelman weighed in, noting that Sears' notice occurs on page 10 of a 54-page privacy statement, and twits Sears because its installation identifies the software as "VoiceFive" and later claims it's coming from a company called "TMRG, Inc." even though a packet sniffer confirms the software belongs to ComScore, adding "These confusing name-changes fit the trend among spyware vendors."
My dad worked for Sears as an appliance repair tech for 25+ years. The stories he's told me about their tracking their employees, their customer "service" practices, sales approaches, etc... is just plain wrong. He was constantly intimidated by "the boss" to perform better or he would be fired (even though he was the top performing tech in the area). It was nothing but stress for him and I wish he had never worked for them.
Now he works for a small appliance/TV repair shop, and he absolutely loves it. Just another reason to flip the bird to big corporations - they don't care about people, they care about money. The spyware installation on their own customers' computer systems is just one small example.
It is pitch black. You are likely to be eaten by a grue.
I would love to meet the decision maker that believes this is morally permissive act that can be "contracted" through an EULA.
In my opinion this is worse than the "communities" some e-com sites have you join that secretly charge your card $2 a month, at least that you see on your CC statement. Also, does it put anything visible in your Programs folder or does this program show up in Add/Remove Programs?
//TODO: Insert catchy phrase
Not only will we track where you browse on our website which has legitimate marketing value for us; we will also break into your computer without your knowledge and track every other website you visit. You are not safe within your own home.... muahahahah.... I mean we do this to PROTECT your privacy. We will not give out this information unless we get your consent or we get a good enough offer for the data. Anything over one cent per one thousand records consitutes a good offer. We do not disclose offers for data purchase so pretty much you have to assume we are giving your browsing habit data away. We also do this to PROTECT your privacy. Thank you for choosing Sears.
This is the least expensive install Sears has ever done for me!
What does SEARS need with this info? Honestly, this just smells bad. I won't call them evil just yet but this is pretty serious from a privacy POV.
Also, isn't it about time we push for a law that makes these privacy agreements shorter and in english (not legalese). One thing I like about CC is that they have a layman's terms version of all their licenses as well as the legalese ones. Not only would people be more likely to read them but it makes it hard for companies to bury important info several pages deep.
I realize that the layman's version would be long as heck but it's better then nothing (and people would STILL be more likely to read it since they can understand it without thinking to hard).
This is a fairly obvious example of what has happened to the concept of "the customer" in the retail space. The old principle of serving the customer still applies, but the identification of the customer has changed. The customers of K-Mart Sears are no longer the people buying products in stores and use the Sears website; the new customer is the stockholder. The people who buy products and use the website are just commodities to be traded like anything else.
Installing spyware on website users? Why not, if the website users are just inventory to be controlled and traded.
This is true not only in retail, but in IT. Do you think the people who actually buy, say, operating systems, are the customers of the software companies that make them? Think again. Their customers are their stockholders too. The purchaser is just a commodity. Maybe companies which commoditize consumers need a wake-up call to remind them that consumers are still the real customers. A PR mess like this sends a bit of a reminder, but the only message that really hits home is one that impacts the EPS.
The customers of K-Mart Sears are no longer the people buying products in stores and use the Sears website; the new customer is the stockholder.
This is true of any publicly traded company. How or what that company does to produce max profits for its shareholders is a different matter...
Don't blame me, I voted for Kodos
Wow! I'm so FLAMING HOT MAD about this, that I would boycott Sears if not for the fact that I never shop there anyway. Are you with me people?! MAKE YOUR VOICES HEARD! Punish Sears by refusing to purchase from them the things you already don't purchase from them!
Today's Sesame Street was brought to you by the number e.
... that all company officers and directors MUST have installed on every work and home computer the same software that they are installing on everyone else's computers. I'll bet money that none of them have installed this onto their own computers.
StopBadware should hear about this. It's exactly the sort of thing that gets a company a big red X on the StopBadware site. Plus some really bad publicity.
StopBadware is sponsored by Harvard Law School, Oxford University, and Consumers' Union. There's heavy legal firepower available if needed.
the problem with that is that plain simple language is also immensely inprecise.
If you cannot keep politics out of your moderation remove yourself from the Mod Lottery.. NOW!
If Sears goes out of business do my Craftsman tools still have a lifetime warranty? Who will honor that warranty?
I'll be goddamned if I'm going to buy TWO hammers during this lifetime.
It depends on what your definition of the word "is" is.
CA's Benjamin Googins is being diplomatic, of course. If the guy in charge of the "community" was previously a senior VP at the spyware company, then he clearly has a vested interest in the continued success of comScore.
If this were happening in a government agency, there would rightly be cries of conflict of interest. So much for the "perfection" of the free market over the ebil gubbermint...
FWIW, I haven't stepped foot in a Sears in about 5 years, when I needed a spark plug socket, and I can't recall my last purchase before that. And I've rarely been in a K-Mart since they closed most of their Texas stores -- the ones in other states still suck just as hard as they did before the buyout, but it's hard to compare one strong vacuum against another.
Stressed? Me? Of course not. Stress is what a rubber band feels before it breaks, silly.
You're like...completely right (in my opinion).
To expand on the economic side a bit, the stock holders own shares of publicly traded companies because they believe those companies will earn profit and grow in the future. Investment is a beautiful but risky thing. A company that no longer maintains the ability to expand and sell more widgets/services will not realize the growth needed to bring a return on the investments. That means a company like Sears always needs to expand and sell more and more stuff in order to compensate for the "interest" that must be paid out to the investors. Basically, investors will pull out if a company can't realize a certain growth in share value, so the company must grow. Hence, it is reasonable for the company to try and push spyware on to products they sell, because it opens them up to a new customer base--advertising companies willing to pay to gain access to marketing information people's computers. Companies who's cash is 'borrowed' from investors will always face this problem. They can't afford not to grow.
Do I lay blame to these "evil" companies for trying to screw over the consumer? Some of it is their fault, but I tend to also (read: not entirely) lay blame the consumer for making spam, spyware, rootkits, etc. profitable. Just as companies have an ethical code we more or less hold them to, consumers also must take responsibility and understand that their choices also effect change in the marketplace.
I really like supporting companies like Google and Whole Foods whose management teams profess to see value in giving back to the community. I also respect individuals who understand that the only way large, evil companies can seem to rule the world is if the majority of a society tolerate them. And if the majority of the society is not willing to tolerate these companies, then they won't buy the crapware filled computers, and no laws are needed. If the majority of the society is willing to tolerate these companies, than "Democracy" has failed.
Basically, I find that a society that needs huge amounts of laws above and beyond basic things like anti-trust in order to keep corporations in check will end up having a bunch of citizens who can't make responsible decisions for themselves. That means that such a society cannot support a democracy. Scary thought to me.
Slashdot: Where people pretend to be twice as smart as they really are by behaving like children.
And now with this story, maybe it's time to stop even trying. (I had a minor loyalty to Kmart because I'm originally from their part of the country; and to Sears because the Craftsman guarantee policy is good.)
"with their freedom lost all virtue lose" - Milton
a 54-page privacy document is unreasonable. To say 'don't install the software' isn't practical.
Sears is a trusted brand. They are using the trust to abuse consumers.
The Kruger Dunning explains most post on
Give them 703-482-0623. It's the main switchboard at the CIA.
Intron: the portion of DNA which expresses nothing useful.
Without going into gruesome detail, I believe Sears is in "The Scam Business". I know, I know - such a large, public (?) company wouldn't pull such shenenagans on such an ongoing basis, would they?
One day I found that may Sears card, which hadn't been used in years was getting charges on it for some "Sears Health Care" insurance plan I never signed up for. Upon calling "Sears" to debate the charge, they refused to remove it from my bill, and I was livid. They told me to "Call the vendor, and debate it with them".
"What?! This is not a regular "Credit-Card", it's my Sears card, you are the vendor." Much to my surprise, despite the recordings that identified themselves as "Sears" when I answered the phone - the people on the phone told me that they were "CitiBank", not "Sears". "Okay" - I thought - so CitiBank bought the credit cards from Sears? This is sort of okay - but I've never heard of a credit card refusing to remove a fraudulent charge. Not only did they do this, but they went as far as to tell me that if "the vendor" did not volintarily remove the charge, I had no recourse.
No...this is too unbelieveable - CitiBank, too? Surely I must be completely confused.
So I reluctantly took the number that CitiBank gave me for "The Vendor", which was something like "Sears Home Health Care" or something and called them. When they guy answered the phone, I immediately demanded to speak to a supervisor and gave no other information. After he reluctantly put me through to a super, the super immediatley came on and agreed to remove the charge and "cancel" the "Health Plan".
Wow - that's interesting - because I never even told him (or anyone) why I was calling, but he knew/assumed this was the case! Are all their calls like this??
I was so blown away by this, I did a little research on the web. It turns out, Sears, and "Sears Home Health" - or whatever, had already settled a class-action lawsuit with the state of California for this type of deal, and had one in the works with Florida. On looking at a few sites on Business scams, on the popup "short-list" of buisinesses they list, both "Sears" and "Sears [whaatever] Health" were always listed!
I refuse to shop at or buy anything from Sears, and enter only to use their bathroom. You probably don't believe my story, or the level of "conspiracy" involved, as I hardly do myself.
My point of this post, is in-fact in response to the original topic: Do you think that a large, public company like Sears risk penalties, suits and their reputation, and would deal in these little petty shenanigans to try to make an extra buck?
Yes, they damn well, would.