So how does this comport with various state wiretapping laws? Microsoft's own home state of Washington has criminalized recording electronic communications without the consent of all parties. You have to be informed before recording begins.
"Player SensitiveFaggot69 would like to record the last minute of your voice chat, do you consent?"
And, if you can send a retrospective recording after the fact, that means that they're recording all the time and just not transmitting it anywhere. They're likely already breaking the law.
I'm pretty sure the EULA doesn't meet the notification requirements under Washington's law. Regardless, each person who sends a report to Microsoft would have to get your consent. Microsoft can't get it on behalf of every random user, because they're not an official representative of the company. Because Soyboy16 is recording your conversation with him, he has to obtain the consent himself.
The law also creates a civil cause of action, so even if the government didn't want to impose criminal penalties I bet you could find one of those ambulance chaser types to start a class action lawsuit on behalf of every Washington Xbox player. Now multiply that by every state that has similar laws.
I agree with you but I wish I could rely on a law being written down on paper to provide that protection. If no-one will enforce this it might as well not exist.
I think most legal restrictions on wiretapping have a massive loophole that's been increasingly exploited: It's only considered wiretapping if the monitoring's being done by government employees/officials, and/or possibly paid for directly through state funds. So it's not considered wiretapping if private companies monitor things and voluntarily offer it up freely to the state/government/police.
So how does this comport with various state wiretapping laws? Microsoft's own home state of Washington has criminalized recording electronic communications without the consent of all parties. You have to be informed before recording begins.
"Player SensitiveFaggot69 would like to record the last minute of your voice chat, do you consent?"
And, if you can send a retrospective recording after the fact, that means that they're recording all the time and just not transmitting it anywhere. They're likely already breaking the law.
Unfortunately that requires A) you not to have agreed to a license to use the product and B) a police apparatus willing to do something about it.
I'm pretty sure the EULA doesn't meet the notification requirements under Washington's law. Regardless, each person who sends a report to Microsoft would have to get your consent. Microsoft can't get it on behalf of every random user, because they're not an official representative of the company. Because Soyboy16 is recording your conversation with him, he has to obtain the consent himself.
The law also creates a civil cause of action, so even if the government didn't want to impose criminal penalties I bet you could find one of those ambulance chaser types to start a class action lawsuit on behalf of every Washington Xbox player. Now multiply that by every state that has similar laws.
I agree with you but I wish I could rely on a law being written down on paper to provide that protection. If no-one will enforce this it might as well not exist.
I think most legal restrictions on wiretapping have a massive loophole that's been increasingly exploited: It's only considered wiretapping if the monitoring's being done by government employees/officials, and/or possibly paid for directly through state funds. So it's not considered wiretapping if private companies monitor things and voluntarily offer it up freely to the state/government/police.
That's true and if those companies happen to "coincidentally" get some juicy government contracts, tax breaks or other benefits then it's still valid.