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Malls Track Shoppers' Cell Phones On Black Friday

antdude writes in with a story about two U.S. malls that plan on tracking shoppers' movements by monitoring the signals from their cell phones this Friday. "The management company of both malls, Forest City Commercial Management, says personal data is not being tracked. 'We won't be looking at singular shoppers,' said Stephanie Shriver-Engdahl, vice president of digital strategy for Forest City. 'The system monitors patterns of movement. We can see, like migrating birds, where people are going to.' Still, the company is preemptively notifying customers by hanging small signs around the shopping centers. Consumers can opt out by turning off their phones."

49 of 198 comments (clear)

  1. Opt out by Elgonn · · Score: 5, Insightful

    "Consumers can opt out by turning off their phones."
    I guess by that metric people who don't go there are also opting out.

    1. Re:Opt out by Robert+Bowles · · Score: 4, Interesting

      Suppose you root through people's trash and search for financial information. As long as you promise not to use it to single anyone out, its not malevolent. Anyone who doesn't like it can "opt-out" by keeping the trash in their house.

      --
      /* MAGIC THEATRE
      ENTRANCE NOT FOR EVERYBODY
      MADMEN ONLY */
    2. Re:opt out by Anonymous Coward · · Score: 5, Insightful

      I can "opt out" by telling the retails to go fuck themselves.

      In fact, I think I'll call a few of them right now and tell them why they just lost customers. I can "opt out" by taking my business elsewhere.

    3. Re:opt out by Stormthirst · · Score: 4, Informative

      Except Amazon's shit at it. They keep on trying to sell me stuff I've already bought from them. It's rare for me to want to buy the same DVD twice, despite what the MPAA wants (ie one copy of a DVD per person watching the movie)

    4. Re:Opt out by Fluffeh · · Score: 4, Insightful

      Well, at least you chaps over in the US aren't alone. I submitted a story about six weeks ago about two malls in Australia that were using the exact same technology. It made the local papers here, but never prominently.

      It's okay, soon, we will forget about it and given that other countries are also doing it, we will accept it as the norm.

      *sips coffee*

      --
      Moved to http://soylentnews.org/. You are invited to join us too!
    5. Re:opt out by newcastlejon · · Score: 4, Insightful

      I suggest you call your friends first and then the mall; boycotting is pointless if one is the only person doing it.

      --
      If God forks the Universe every time you roll a die, he'd better have a damned good memory.
    6. Re:Opt out by Dunbal · · Score: 4, Funny

      I choose to opt in by having my trash shipped to Forest City malls.

      --
      Seven puppies were harmed during the making of this post.
    7. Re:Opt out by nurb432 · · Score: 2

      Well that girl that was attacked last night, she should have put her self on the opt-out list. We assumed she was ok with it.

      --
      ---- Booth was a patriot ----
    8. Re:opt out by jhobbs · · Score: 3, Informative

      I'm not exactly sure which country you are from, but here in the U.S. a billboard is never a "sign. . . [that] doesn't do anything."

      There are billboards that recognize your car and greet you personally:
      http://www.nytimes.com/2007/01/29/business/media/29cooper.html

      There are billboards that aggregate the fm radio stations being listen to in passing cars the show the advert most likely to target the largest percentage of passing drivers:
      http://www.nytimes.com/2002/12/27/business/media-business-advertising-new-billboards-sample-radios-cars-go-then-adjust.html

      Interactive advertising inundates our modern lives. You're individual concerns aren't worth as much as the advertising dollars spent on you. No one cares that you feel like your privacy is being trampled, you're a target demographic and consumer. That makes your interests important only if your spending money. Opting out only makes advertisers not care what your opinion is because you are a "fringe demographic".

      On a personal note, I still hate interactive movie posters. Ever since I walked past a poster for Step-Brothers and Will Ferrel scarred the piss outta me by suddenly coming to life and badgering me to come see the movie.

    9. Re:opt out by residieu · · Score: 3, Informative

      I think that I shall never see: A billboard lovely as a tree. Indeed, unless the billboards fall: I'll never see a tree at all.

      -Ogden Nash

    10. Re:opt out by causality · · Score: 4, Insightful

      It's funny how people don't seem so nutso when you have a clearer understanding of a topic.

      That's one of the most widely recognized yet unwritten rules of Slashdot. I'm one of the few stubborn non-conformists who don't follow it.

      The rule goes: "never miss an opportunity to be condescending and talk to someone like they must be a total idiot -- if they say anything that could be interpreted in an absurd way, don't EVER assume that maybe you have misunderstood them because that would mean missing an opportunity to meet your desperate need to feel superior to random strangers who have done you no harm."

      It goes along with other rules such as "never infer anything on your own -- be deliberately dense, mechanically and literally interpret everything, and impatiently require that every possible nuance of a subject be spelled out for you" and "if you dislike something, or it offends you, or you wish it weren't true, it must be factually incorrect and you have no burden of proof when you claim it has been falsified" and "Googling an unfamiliar term takes a whole 20 seconds if you are particularly slow and this is such a terrible burden it is better to spend 10 minutes asking other people to do it for you and report back on the results."

      It could be called sacrificing one's dignity at the altar of the ego.

      --
      It is a miracle that curiosity survives formal education. - Einstein
  2. opt out by nitehawk214 · · Score: 5, Insightful

    >Consumers can opt out by turning off their phones.

    I can opt out of billboards by not driving and staying at home. I can opt out of spam by not having an email account.

    opt out, I don't think those words mean what you think they mean.

    --
    I'm a good cook. I'm a fantastic eater. - Steven Brust
  3. Jammers? by MrQuacker · · Score: 3, Insightful

    What will happen if you walk around with a jammer in your pocket/bag?

    1. Re:Jammers? by Penguinisto · · Score: 5, Insightful

      Jammer? Hell, I was curious to see what would happen if I swapped out the SIM card from the phone every time I walk into a different store, or perhaps at random? Gather the whole family's pile o' SIMs, and maybe a couple of expired ones (they still work for emergency calls, so odds are good their signal will pick up).

      I figure if enough folks did that in one mall (say, 100-200 people?), the algorithms would show enough crap data to basically have the management demanding their money back from the company that sold it to 'em.

      Even better... I wonder what would happen if you and enough cohorts went to the mall, selected some bits to buy at different stores, walked up to the counter, and proclaimed to the cashier that "this is what I would have bought if your mall wasn't so invasive of my privacy by tracking my cell signal", then walk out, leaving the goods on the counter unpaid-for.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    2. Re:Jammers? by Greyfox · · Score: 2

      A while back someone was talking about possibly making a "vampire" phone that would assume the identity of any phone that came near it. Which is a pretty neat idea, though I'm sure it'd cause all manner of chaos for a carrier, and probably draw more attention to you than most other means of remaining incognito.

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    3. Re:Jammers? by smitty97 · · Score: 2

      Jammed... Raspberry! There's only one man who would dare give me the raspberry!

      --
      mod me funny
    4. Re:Jammers? by screwdriver · · Score: 2

      Exactly. The people who you yell at and bitch to are the people who are the most visible, but in no way responsible for what you are bitching about. They have absolutely no power to change any company policy, AT ALL. The ones who actually come up with the bullshit policies are the ones who aren't even available after a phone call to the company's automated system and 100 menu options later. Even speaking to a manager will only get you regurgitated corporate policy bullshit, maybe a comment/complaint card, and if you're lucky, a coupon for some free shit. The thing is, most consumers love free shit, and that is enough to get them to forget their principles even if it's only temporary, and continue shopping. It's pathetic.

  4. Not as abusive YET by AdamJS · · Score: 4, Insightful

    But some day soon, it will be.
    When there's a large enough pool of data on given subset of users "Anon" F through Q, analytical processes and programs will be able to determine when a member of said subset appears somewhere.

    Using inter-subset heuristics, this information could be refined further to detail the habits of the individuals, such as Anon M.

    While still technically "Anonymous", it would require a very, very small pool of data and additional research/tracking to determine who that Anonymous user actually is.

    The technology is almost (if not already) there, and the real setback at the moment is simply not having all of that data yet.

  5. move by JustOK · · Score: 5, Funny

    We are tracking your movements. You can opt out by not moving.

    --
    rewriting history since 2109
  6. enhance your shopping experience? by fahrbot-bot · · Score: 4, Interesting

    Still, the company is preemptively notifying customers by hanging small signs around the shopping centers. Consumers can opt out by turning off their phones.

    Ya, but the sign shown doesn't mention turning off your phone... Just to visit the Management Office or visit their website if you have questions. Of course, visiting the office will entail getting tracked. Also, I'm not sure how tracking our phones will help "enhance your shopping experience".

    --
    It must have been something you assimilated. . . .
    1. Re:enhance your shopping experience? by kent_eh · · Score: 3, Insightful

      It will enhance the mall's experience of you shopping.
      Just like those "customer loyalty" thingies. Do you really thing they are for *your* benefit?

      They will use it to improve their ability to get money out of your pocket and into theirs.
      Why do I want to help them do that??

      --

      ---
      "I can't complain, but sometimes still do..." Joe Walsh
    2. Re:enhance your shopping experience? by geekoid · · Score: 5, Insightful

      But the way they uses this information to get money is by offering things people want.

      Dude, they don't use it to grab money out of your wallet.
      They don't care about YOU. they care about the patterns of movement in the mall.
      Benefits to you:
      A) Better mall layout
      B) better crowd control
      C) Accurate information on shopping habits
      D) more stuff more people want.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    3. Re:enhance your shopping experience? by kent_eh · · Score: 2

      And the purpose of all those "improvements"?
      To make it easier to spend money.
      And to make you and me feel better about spending more money.

      The end result is the same. Less money in my pocket. And I'm supposed to be happy about that.
      Just like a good little consumer should....

      --

      ---
      "I can't complain, but sometimes still do..." Joe Walsh
    4. Re:enhance your shopping experience? by Stormthirst · · Score: 4, Interesting

      The difference between the loyalty thingy and this is that the loyalty thingy pays you a nominal amount. The amount you get paid varies from company to company, and usually you can only buy from that company. It's purely an opt-in process.

      This on the other hand gives you nothing - and it's opt out in the one of the most invasive ways. Most people carry phones because they want to be contactable.

    5. Re:enhance your shopping experience? by B1oodAnge1 · · Score: 4, Insightful

      The end result is the same. Less money in my pocket. And I'm supposed to be happy about that.

      To be fair, the end result is twofold: less money in your pocket and more "things" in your house.

      If you engage in a commercial transaction that does not provide added value to you, then you are entirely at fault.

      --
      RUGBYRUGBYRUGBY
    6. Re:enhance your shopping experience? by Jah-Wren+Ryel · · Score: 2

      If you engage in a commercial transaction that does not provide added value to you, then you are entirely at fault.

      I used to think that. But then I realised that if one entity is spending hundreds of thousands of dollars to influence you to make that decision, it isn't really fair any more. They aren't putting a gun to your head, but they are actively attempting to manipulate you using resources far beyond what you have access to and that's dirty pool.

      --
      When information is power, privacy is freedom.
    7. Re:enhance your shopping experience? by mccrew · · Score: 2

      Do you really thing they are for *your* benefit?

      Yep. Whenever anything begins with the phrase "For Your Convenience" you can be damned sure that it's for their convenience, not yours.

      --
      Hey, Windows users, there is no such thing as "forward" slash, there is only slash and backslash.
    8. Re:enhance your shopping experience? by snowraver1 · · Score: 2

      Apple spends a shitton on marketing, and I have never bought an Apple product. Either I am a far stonger willed person than you, or marketing doesn't control me 100%. You decide.

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      Copyright 2010. All rights reserved. This comment may not be copied in any way including, but not limited to caching.
    9. Re:enhance your shopping experience? by Attila+Dimedici · · Score: 3, Interesting

      That reminds me of something it took my wife the longest thing to figure out. When the grocery store near us introduced self-checkout, I refused to use them even when I only had one or two items. My wife could not understand why. I explained to her it was a matter of principle. When they introduced them, they started to run these announcements over the in store intercom about every five minutes that said something along the line of, "For your convenience, we now have self-checkout lanes." I knew full well that they did not put the self-checkout lanes in for my convenience. They put the self-checkout lanes in to save money on cashiers. Of course, it has turned out not to have worked out that way for them, as a recent article on slashdot mentioned (I wonder how much that has to do with their attempt to mislead their customers as to why they were doing it).

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    10. Re:enhance your shopping experience? by Jah-Wren+Ryel · · Score: 2

      Apple spends a shitton on marketing, and I have never bought an Apple product. Either I am a far stonger willed person than you, or marketing doesn't control me 100%. You decide.

      Framing it as if it were an issue of being controlled 100% is just misdirection. The issue is that free markets are predicated on basis of both parties being fully informed. Marketing and other forms of manipulation explicitly seek to control how well informed the consumer is - such as requiring non-disclosures in settlements for defective products.

      --
      When information is power, privacy is freedom.
    11. Re:enhance your shopping experience? by Rich0 · · Score: 2

      Until stores figure out how to use a bank teller queue I'll use those self-checkouts every time. Typically those have no line, or they use a bank-teller queue. That means that when I walk up to one I know exactly what kind of experience I'm going to have. Sure, maybe it takes a little longer if something goes wrong, but my time at the register is fairly predictable.

      If I queue up in the normal human line inevitably I end up behind the person who is convinced that the sign had a price 3 cents lower than whatever the item rang up. Then they're going to have 387 coupons and argue for 15 minutes about whether one of them is valid for 15 cents off their order. Then they'll pay with food stamps (and fight over whether some item is eligible), and then pay the balance with a check from the bank of Nigeria denominated in Rubles, but they like to keep their register even so they'll throw in 72 cents in change (50% in pennies) as well.

      Now, one thing I'll never do is queue up at an individual self-checkout behind virtually anybody else unless I see clear evidence of a pocket protector or something. I want to rip my hair out watching people try to figure out how to use the things. Just do what the screen tells you to do whether you think it makes sense or not - no doubt the design is to prevent some form of theft that you're clearly not clever enough to pull off in the first place.

      As far as produce goes - I know my local store has pre-weigh stations all over the place where you can print out a barcode to speed checkout. All you need to do is put RFIDs on the bags and pre-weigh their contents, and then you can just walk out with a cart full. They could weigh you on the way in and out and make sure the net weight is close enough, or maybe spot check 1:50 carts which is a lot faster than checking them all out.

    12. Re:enhance your shopping experience? by Jah-Wren+Ryel · · Score: 2

      I suppose you're the sort of person who accepts that something is a great deal because the salesman told you so.

      No, actually I am pretty much the opposite of that. I am extremely skeptical and I like to think that I am a very savvy shopper. I never watch commercials on television and I adblock everywhere I go on the web. I'm really good at spotting astro-turf campaigns and other kinds of shills. I also know how to research the shit out a product.

      But you know what I've discovered? It's fucking exhausting. It is not reasonable to expect regular people with regular lives to invest as much effort as I do to combat the pernicious influence of million dollar marketing budgets. In the ideal world that the free market concept is predicated on, being a fully informed consumer would be a reasonable option for everyone. But in the real world marketing budgets are actively spent to ruin that premise. It isn't a free market when they fuck with customers' ability to be fully informed.

      --
      When information is power, privacy is freedom.
  7. Get used to it by macwhizkid · · Score: 4, Insightful

    I'd be surprised if other large commercial destinations (malls, amusement parks, sporting venues, etc) aren't using this tech already. It's not like these two malls invented it themselves, and even if they're the first to use it, it must have been beta tested somewhere.

    I think we can agree that the "we won't be looking at singular shoppers" reassurance is completely ridiculous. As though there's some algorithm to digitally count the devices on a network and track their locations without, umm, actually counting them? The only question is how long the data is stored.

    At the same time, even opting out now is pointless, as we've established that the phone company, the police, and the FBI all have access to your phone's location tracking information. It's a bit late to worry about whether or not to use things like Apple's "Find My Friends" app. Best to avoid owning a cell phone altogether if you're worried about being tracked, or at least leave it behind (and turn it off) when you don't want to be followed.

    1. Re:Get used to it by geekoid · · Score: 2

      "I think we can agree that the "we won't be looking at singular shoppers" reassurance is completely ridiculous"

      why? YOUR movement is of little value, the groups movement habits is of great value.

      They don't care that you lingers in front of victory secrets* for 10 minutes.
      Yes, you count the signals, not who ti's tied to. What? you think they are cracking the signal to find out the Jane Doe bought shoes?

      *Victoria Secrets - Giving men a reason to go to the mall for 20 years.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  8. Anonymous? So Far... by zentec · · Score: 5, Interesting

    TFA:

    "The tracking system, called FootPath Technology, works through a series of antennas positioned throughout the shopping center that capture the unique identification number assigned to each phone (similar to a computer's IP address), and tracks its movement throughout the stores. ... And it doesn't collect any personal details associated with the ID, like the user's name or phone number. That information is fiercely protected by mobile carriers, and often can be legally obtained only through a court order. "

    Yet. You can bet your sweet bippy that while the mall can't get the identifying information, the mall *will* sell it to the carriers who do have the information. This would be a marketing goldmine for the carriers, and one they could not help but to exploit for fun and most importantly, profit.

    I would opt out by simply not shopping at that mall. My cellular phone is for my own convenience and one that I pay to maintain, it isn't so companies can figure out where I shop and give them incentive to try to get me to be a good little consumer and spend all my money.

    My tolerance for this kind of thing is getting lower each time I read stories like this. More and more, companies seem to view the public as sheep to be shorn without any expectation of privacy, rights nor recourse.

  9. A better way to opt out... by gweilo8888 · · Score: 2

    ...would be to turn around and walk back out of the mall in question, then go shop somewhere else that better respects your privacy rights.

  10. Newfangled Shopping by retroworks · · Score: 3, Interesting

    Back in the day, the malls had a person with a thumb-clicker counting people as they walked through doors. I didn't consider it a privacy issue. And I assume while I shop online that my movement is being tracked much more closely. But more to the point, shopping malls are going the way of the dodo. The Mall company may find it a pretty depressing set of data. http://themoderatevoice.com/27443/economys-latest-victim-shopping-malls-are-closing/

    --
    Gently reply
  11. Tracking what? by aglider · · Score: 2

    They cannot track cell phones but rather your wifi and Bluetooth MAC addresses.
    Just switch them off and you are done.
    Or Sue the mall management as an option.

    --
    Sent as ripples into the electromagnetic field. No single photon has been harmed in the process.
  12. Re:Opt-In by Richard_at_work · · Score: 3, Interesting

    I do find the many conflicting faces of slashdot amusing - on one hand, apparently connecting to an unsecured wifi network is perfectly acceptable because it's publicly broadcasting a signal, but on the other hand tracking a publicly broadcasted signal from a mobile phone is a big no-no.

  13. Re:Anonymous? So Far... by geekoid · · Score: 2

    wtf are you talking about? the phone company can get the information already, AND they don't give a shit what you buy.

    This is like the crazy phone company conspiracy of the 70s.
    They collect th data, and make the mall experience better. How the FUCK is the sheering sheep?

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  14. Contrast with Google WiFi Geolocation Opt-out by QuasiSteve · · Score: 3, Insightful

    It's interesting to see the contrast in comments between this story, and the recent Google WiFi Geolocation Opt-Out story:
    http://search.slashdot.org/story/11/11/15/1459208/google-to-allow-location-service-opt-out

    While in the case of Google's geolocation services the common argument is that your SSID/MAC needn't be identifying and you're broadcasting it so one has no right to complain anyway... ...here it's almost the complete opposite. Here the broadcasted information is for one's own benefit (the ability to use a cell phone) and it doesn't matter that the information isn't necessarily identifying it's still evil to collect it.

    This despite the SSID likely originating from a private (or business) residence, while your cellphone's signal is originating within another business' location.

    Now obviously there are differences, and the people commenting may not be the same, but I wonder if what's really the difference isn't the fact that there's likely to be little benefit to somebody that cell phone signals are being tracked*, versus the major benefit of faster / less power-hungry geolocation from recording WiFi locations.

    ( * Supported by the notion that most people don't seem to take much issue with e.g. TomTom partnering with cell providers to detect traffic trends in order to warn users of their navigation devices/software of, among other, traffic jams - as obviously that's a major benefit to the user. )

  15. Re:Opt-In by 0123456 · · Score: 3, Insightful

    I do find the many conflicting faces of slashdot amusing

    You do realise that Slashdot is a web site where thousands of different people post their opinions and not a single person, right? And that one person who thinks A is probably not the same person who things not-A?

  16. That is completely unrelated by _0xd0ad · · Score: 3, Interesting

    You need to just quit whining. "Black Friday" refers to Friday the 13th, or any Friday on which a catastrophe occurs. The only reason the day after Thanksgiving is called "Black Friday" is because the Philly PD started calling it that:

    http://en.wikipedia.org/wiki/Black_Friday_(shopping)#Origin_of_the_term

    JANUARY 1966 -- "Black Friday" is the name which the Philadelphia Police Department has given to the Friday following Thanksgiving Day. It is not a term of endearment to them. "Black Friday" officially opens the Christmas shopping season in center city, and it usually brings massive traffic jams and over-crowded sidewalks as the downtown stores are mobbed from opening to closing.

  17. Re:Allowed by the FCC? by Monchanger · · Score: 2

    Does the FCC actually allow this?

    It doesn't have to. Tracking cellphones can be done passively. FCC lacks jurisdiction when you don't generate "communications".

    What you may be looking for is a consumer protection bureau.

  18. Re:Allowed by the FCC? by sunderland56 · · Score: 2

    Not true. The FCC has banned listening to the cellphone bands for a very long time now.

    https://secure.wikimedia.org/wikipedia/en/wiki/Scanner_(radio)#Legal_issues_in_the_US

    I'm interested in where you would buy the equipment to do this. Who is selling lots of small networked cell phone receivers that would pull the IMEI from the datastream? How cheap are they that a shopping mall can buy a box full? And are those same receivers also able to listen in to the conversations, or are they only monitoring the control channel?

  19. Re:Opt-In by kermidge · · Score: 2

    Yeah. Only time I'd want to be "tracked" would be sending my location to 911 so's they could take my heart-attacked self to the ER. Otherwise I believe it's nobody's business where I am and where I go.

  20. Opt out? by mysidia · · Score: 2

    Consumers can opt out by turning off their phones."

    This is like a spammer telling you that you can opt-out of junk mail only by closing your e-mail account.

    A telemarketer telling you that you can opt-out of unwanted calls only by changing your phone number.

    A credit card company telling you that you can "opt out" of credit card offers only by waiting until a bill with them is 60 days overdue before paying it.

    A social network website informing you that you can only opt-out of tracking by refraining from using other websites while logged in to your account.

    A magazine informing you that the only way you can opt-out of automatic renewal is to cancel your subscription before it renews (but you don't receive the issues in between the cancel date and the expiration date, and no refunds).

    A monthly book club informing you that the only way you can opt-out of ongoing membership after ending service is to cancel the bank account whose routing/account number was used to signup for the service.

    etc... etc.... none of these "opt-out" are true opt-out. True opt-out, means the consumer can WITHDRAW THEIR PERMISSION to perform the unwanted activity, and it will stop WITHOUT INCONVENIENCE to the consumer, such as having to refrain from using a tool they would normally use, or refrain from partaking in basic services such as phone service.

    As for the ability to receive cell phone signals and use that to track people... I question if it's even legal. The mall doesn't have FCC licenses to operate a receiver on the license restricted private radio frequencies used by cell phones, DO they??

    Last I checked, it was illegal to eavesdrop on a cell phone signal as a third party. "receiving the signal" to detect its presence is no different from receiving a signal to eavesdrop on the contents of the message -- both are wiretapping either way.. I suppose we should see the mall management jailed and prosecuted to the full extent of the law........

  21. They can track IMEI, not just SIM by freddienumber13 · · Score: 2

    Every phone has a unique IMEI that is broadcast along with the SIM card number. If they've done their homework, then they're tracking the IMEI as well as the SIM card.

    But even if one or two people did as you did, it would be meaningless noise in the sea of data.