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FTC Recommends Conditions For Sale of RadioShack Customer Data

itwbennett writes: The FTC has weighed in on the contentious issue of the proposed sale of consumer data by RadioShack, recommending that a settlement with failed online toy retailer Toysmart.com be adopted as a model for dealings going forward. Director of the FTC's bureau of consumer protection Jessica L. Rich wrote in a letter to a court-appointed consumer privacy ombudsman that the agency's concerns about the transfer of customer information inconsistent with RadioShack's privacy promises "would be greatly diminished if certain conditions were met." These include: that the data was not sold standalone, and if the buyer is in the same lines of business, they agree to be bound by the same privacy policies.

54 comments

  1. What is the point by thaylin · · Score: 2

    Of requiring the buyer to commit to the same privacy policy if you allow that privacy policy to be broken?

    --
    When you cant win, ad hominem.
    1. Re:What is the point by schlachter · · Score: 0

      Well, you can just resell your purchased item to a third party and then they are no longer beholden to any original agreements. Oh, wait, you're not a corporation? Never mind.

      --
      My God can beat up your God. Just kidding...don't take offense. I know there's no God.
    2. Re:What is the point by Anonymous Coward · · Score: 0

      depending on the purchase agreement, the 'next purchaser' CAN BE bound by specific terms of sale originally between the first buyer and seller... (modern example: the us cable network 'abc family')

  2. Joy! by Ol+Olsoc · · Score: 4, Insightful
    Finally, proof that we are the product.

    But if we are the product, can we sue for our share of the payout?

    Since only coprorations are now people and people are not people, we'll all have to form little corporations of course, in order ot get our due.

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    1. Re:Joy! by schlachter · · Score: 1

      People are Corporations too!

      --
      My God can beat up your God. Just kidding...don't take offense. I know there's no God.
    2. Re:Joy! by Anonymous Coward · · Score: 0

      Oh that would be cute. But you fail to see the big end goal here. While all people are equal under the law, same does not apply to corporations. Have fun!

    3. Re:Joy! by Krojack · · Score: 1

      SSHHHH! Don't let Comcast hear you say that. They will double all the Internet fees.

    4. Re:Joy! by DRJlaw · · Score: 2

      Finally, proof that we are the product.
      But if we are the product, can we sue for our share of the payout?

      From the FTC's perspective, you're not the product, but your information is a business asset.

      Your information would already go along with the business in any change of control or merger -- the privacy policy did not preclude that. And yes, your information has value in that context, just like any customer list, but you do not have any claim upon that value. You gave the business the right to use it in its business.

      The FTC's perspective is that your information should not have independent value from the business as a separable asset. They're seeking to substantially enforce the promise in the privacy policy -- that the asset is tied to the business and its operations, and not freely alienable to anyone willing to pay for it.

      Since only coprorations are now people and people are not people, we'll all have to form little corporations of course, in order ot get our due.

      Forming a corporation won't save you from the consequences of your negotiating skills (or lack thereof).

    5. Re:Joy! by Anonymous Coward · · Score: 0

      Finally, proof that we are the product.

      Solyent green is made of people!! PEOOOOOPLEEE!!!!

    6. Re:Joy! by __aaclcg7560 · · Score: 1

      Only if they can pass a DNA test.

    7. Re:Joy! by edjs · · Score: 1

      An added wrinkle are other corps claiming that Radio Shack is holding their proprietary customer data (presumably related to cel phone and plan sales) and demanding that such data not be included in the sale:

      http://www.bizjournals.com/dal...

    8. Re:Joy! by Ol+Olsoc · · Score: 1

      Only if they can pass a DNA test.

      We'll know for certain when Texas executes a corporation.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    9. Re:Joy! by AmiMoJo · · Score: 1

      Bingo. You are not the product, your personal information is. You gave that information away for free, so don't get any compensation. Due to the special nature of the information it has some special protections, but that's it.

      Next time some company asks for my data I'm going to offer them a subscription service.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    10. Re:Joy! by ScentCone · · Score: 1

      We'll know for certain when Texas executes a corporation.

      Like Enron? Or Arthur Anderson?

      --
      Don't disappoint your bird dog. Go to the range.
    11. Re:Joy! by __aaclcg7560 · · Score: 1

      Those corporations died from self-inflicted wounds of hubris.

    12. Re:Joy! by ScentCone · · Score: 1

      Just like Radio Shack (self inflicted wounds). But Enron and Arthur Anderson were killed for real by courts, because of their conduct. Death sentences, basically, whether they were going to die of their own wounds eventually or not.

      --
      Don't disappoint your bird dog. Go to the range.
  3. Why I never gave them my real information by grimmjeeper · · Score: 4, Interesting

    I knew that my information would get out eventually. In the last 15 years I would only go in to buy specific things (none in the last 5+ years). Every time I would pay cash and give the clerk false information. I'm so very glad I did.

    1. Re:Why I never gave them my real information by VAXcat · · Score: 1

      Yep. The only data they've got on me is that my name is Larry Talbot, and that I live at 1313 Mockingbird Lane....

      --
      There is no God, and Dirac is his prophet.
    2. Re:Why I never gave them my real information by grimmjeeper · · Score: 1

      They would know me as Charles (Chuck) U. Farley. I made up the street address every time.

    3. Re:Why I never gave them my real information by gurps_npc · · Score: 1

      I'm Mr Underwood. I live at 123 Fletch Lane.

      --
      excitingthingstodo.blogspot.com
    4. Re:Why I never gave them my real information by Anonymous Coward · · Score: 0

      I allays told them my name was "Cash" I don't have an address

    5. Re:Why I never gave them my real information by Anonymous Coward · · Score: 0

      I usually just say no. It works.

    6. Re:Why I never gave them my real information by Krojack · · Score: 1

      If you're paying in cash then why would you even have to supply ANY information. I know places like Target ask for a zip code but that's just to see how far people are driving so they can plane where to build new stores.

    7. Re:Why I never gave them my real information by Anonymous Coward · · Score: 0

      Seriously. Why anyone would bother to make up false information is beyond me. They ask "may I have your name please," and I just reply "no," and that's the end of that. They aren't going to refuse to sell me junk because I didn't give them my name, and even if they did, it would just mean that I'd have to save money by shopping elsewhere.

    8. Re:Why I never gave them my real information by grimmjeeper · · Score: 1

      Technically, you don't. But the sales clerks were pushy about it. I think they got in trouble if they had any transactions without personal information. For me, it was all about time efficiency. Take a few seconds to give them false information or stand there and argue with them for a lot longer. The one that got me out the door faster was the the route I took. As they stopped stocking the parts I wanted to buy, I stopped going to their stores. So did pretty much everyone else from what I gather.

    9. Re:Why I never gave them my real information by grimmjeeper · · Score: 1

      Because at a number of stores, they wouldn't take "no" for an answer without a fight. They would spend a lot of time push selling their catalog or whatever the hell it was they were trying to use to distract you from the fact that they collect your data. It was just easier, not to mention a lot quicker, to give them false information than to argue for a couple of minutes with a pushy sales clerk.

    10. Re:Why I never gave them my real information by Anonymous Coward · · Score: 0

      At one point they were very pushy about getting the information, even if you paid with cash. I've not found that to be true over at least the last ten years or so, however. That might be due to the fact that the only thing that I've purchased from them in that time is electronic parts and even then only one or two at a time. I would really only go there when I needed something that they had right now.

    11. Re:Why I never gave them my real information by steveg · · Score: 1

      I never gave them any false information.

      I told them my name was Cash.

      --
      Ignorance killed the cat. Curiosity was framed.
    12. Re:Why I never gave them my real information by nitehawk214 · · Score: 1

      I never gave them any false information.

      I told them my name was Cash.

      I hear the train a comin'.

      --
      I'm a good cook. I'm a fantastic eater. - Steven Brust
    13. Re:Why I never gave them my real information by Anonymous Coward · · Score: 0

      Employee: What's your address?
      Customer: (mentions store address)
      Employee: That's this store's address.
      Customer: Yeah, I've been living in the back of the store. Please don't tell the manager.

  4. Oh Great! by Kevoco · · Score: 2

    Now everyone's going to know that I by "loose capacitors", ahem!

    1. Re:Oh Great! by Mr+D+from+63 · · Score: 1

      Now everyone's going to know that I by "loose capacitors", ahem!

      that is potentially dangerous.

    2. Re:Oh Great! by sconeu · · Score: 1

      Now everyone's going to know that I by "loose capacitors", ahem!

      that is potentially dangerous.

      Ohm my goodness!!!

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    3. Re:Oh Great! by Rockoon · · Score: 1

      Assorted resistors and LED's for me....

      --
      "His name was James Damore."
  5. read the fine print... by Lead+Butthead · · Score: 1

    never seen one without "policy subject to change without notice."

    --
    ELOI, ELOI, LAMA SABACHTHANI!?
    1. Re:read the fine print... by Mashiki · · Score: 1

      Sure but some of us live in parts of the world where notice is required. It's nice, you americans should give it a try.

      --
      Om, nomnomnom...
  6. 1060 West addison by Anonymous Coward · · Score: 0

    im sure they get a lot of battery catalogs.

    1. Re:1060 West addison by grimmjeeper · · Score: 1

      "Clever. Still... anybody with that kind of record is gonna make a mistake. I want all party members in the tri-state district to monitor the city, county and state police on their CBs. Sooner or later Mr. Blues is gonna fuck up, and when he does... he better pray the police get to him before we do."

  7. Not individuals but groups. by Anonymous Coward · · Score: 0

    You are not the product but the aggregate list is. Meaning, your individual entry is worth practically nothing, but the entire list of customers is worth a lot - if that makes any sense.

    See, retailers have been on the Big Data bandwagon long before it became a resume key word. It was part of my studies and work for a while. Frankly, we are all sheep when it comes down to it.

    Recently here on Slashdot, I saw a number of posts under the Apple Watch articles that were typical consumer rationalization for buying the damn thing. The best one was he "needed it to see incoming calls" - that was the best rationalization I have ever saw.

    It's tough. I know the BS the marketers use and I STILL find myself getting suckered in. It sucks being a primate sometimes.

    If you won't die without it, then you don't need it. The acid test.

  8. All those batteries.... by jddj · · Score: 2, Funny

    ...all those Goddamned batteries...

  9. Betting it can be rewritten by Sir_Substance · · Score: 1

    What are the odds that the privacy policy states that it can be rewritten at any time without needing to notify the subjects?

    I'd abide by that policy...for as long as it took me to draw a massive cock all over it and replace it with one saying I can sell your data to whoever I like.

    1. Re:Betting it can be rewritten by Zero__Kelvin · · Score: 1

      "I'd abide by that policy...for as long as it took me to draw a massive cock all over it"

      I've always admired people who could draw things they've never seen!

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    2. Re:Betting it can be rewritten by nitehawk214 · · Score: 1

      "I'd abide by that policy...for as long as it took me to draw a massive cock all over it"

      I've always admired people who could draw things they've never seen!

      Perhaps it is a self portrait?

      --
      I'm a good cook. I'm a fantastic eater. - Steven Brust
  10. Merchandise? by scsirob · · Score: 1

    So, as a foreign visitor, I walk into a RS shop to get a SD card. I pay for the goods, and that's all.

    What gave RS or its debtors the right to turn my personal information into merchandise?

    --
    To Terminate, or not to Terminate, that's the question - SCSIROB
  11. All those fake names and zip codes by axl917 · · Score: 1

    I gave a fake name and random zip code all the times I went there in the 90's and early 2000's, looks like it paid off.

  12. ... and your phone number? by bill_mcgonigle · · Score: 0

    No.

    Do you need batteries?

    No.

    The fine line between opsec and paranoia.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  13. oops by sootman · · Score: 3, Funny

    I hope there's not really a John Q. Public living at 1 Happy Street*, Beverly Hills, 90210. If so... apologies in advance, mate.

    * From My Blue Heaven

    "What the frig is the address here?"

    "How should I know... Number One Happy Street!"

    --
    Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
    1. Re:oops by grimmjeeper · · Score: 1

      It was actually Todd Wilkinson and it was in Fryburg, CA which was a fictional San Diego suburb. But yeah, I used that address more than once myself.

    2. Re:oops by sootman · · Score: 1

      Yeah, it's obviously a mixture of things. But "#1 Happy Street" always made me giggle. :-)

      --
      Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
  14. Go ahead and sell my data by trailerparkcassanova · · Score: 1

    The last time I gave them anything was a phone number in the early '80s that I've put much distance since.

  15. The FTC's biggest concern by Waffle+Iron · · Score: 1

    It was revealed that the FTC's biggest concern is Radio Shack's subterranean cache of over 35,000 tons of yellow slips of carbon paper dating as far back as the 1960s, which correlate names, addresses and phone numbers to detailed lists of discreet electronic components. Who knows what kind of embarrassments would ensue if all of those dots got connected with modern data mining techniques.

    1. Re:The FTC's biggest concern by Anonymous Coward · · Score: 0

      They'll find out about my robotic woman built from radio shack parts

  16. Apple and AT&T? by Anonymous Coward · · Score: 1

    What happened to 3rd parties like Apple and AT&T that not only required Radio Shack to sign off that the data collected while purchasing their products was NOT Radio Shack's property AND the fact that both companies (maybe others too?) have legally asked that that data is not transferable? I think that's an important point that needs a LOT of attention so other manufacturers can step up and protect their customers.

  17. Customer data should die with the company! by Anonymous Coward · · Score: 0

    When Radio Shack closed in canada i had one of those Radio Shack credit card that i was paying regularly. It instantly went to a debt collector.

    After making a deal with them, i got no confirmation of the payment and of course they forgot i actually paid anything and eventually resold my dept to another collector. 5 years later, i finally decided to pay a second time(Really bad idea)... Cursing the whole thing on the first company i had dealt with back then... After paying in full(again), i actually had to involve a lawyer to have a proof that i had paid in full.

    Today, 10 or 15 years later or so i dont remember..., i am still getting annoyed by dept collectors because of the same Radio Shack credit card dept... Now i have a phone number that goes to voicemail, its from voip.ms, it cost actually a few box a month.. I've set it up to get the phones calls in a .wav file sent to my email address... I've been using that phone number for any and all dealing i have with any company since then... SO, its just simple spam on my email box now... problem solved!