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"...because businesses have immense resources of time and people to control you while you are left to fend for yourself."
 

Recent Ruling Upholds Border Searches of Laptops

April 23rd, 2008

You can be forced to turn it on and let border agents browse around for stuff to charge you with. Isn't that nice?

Your Legal Rights as a Photographer

March 18th, 2008

An excellent summary of some laws and rules relating to taking photos in public and other places. Near the bottom of the page, they have some links to other helpful resources as well. If you have ever been harassed about taking photos (or you expect to), this is a good article for you.

Arguing a Yahoo! Account Suspension

March 13th, 2008

I've had a Yahoo! account practically as long as I've been on the Internet. I've practically abandoned the mail because of the amount of spam it recieves every day, but I still use it from time to time and it has a lot of historical and nostalgic value due to the e-mails that are still in there.

I've also used my account for the Yahoo! Answers service to help spread information about credit freezes and avoiding scams like lifelock. I'm guessing that last one is why I got a generic letter like this:

Oops

Your account has been suspended.

If you feel there has been a mistake, please contact us at answers-abuse@cc.yahoo-inc.com.

Most likely, your account was suspended in violation of Yahoo! Answers community guidelines. Click here to read the full guidelines

In the meantime, feel free to browse Yahoo! Answers

* Back to Home

Ok. I'm pissed, but I'll give them a chance to explain themselves and I sent them this:

Your system is saying that my account is suspended and to read the
guidelines. First, I've done nothing that would violate any reasonable
guidelines and second, the link to your guidelines doesn't work. Third,
I need you to re-instate the account and provide a reason for why you
suspended it in the first place (assuming this isn't a glitch in the
first place).

There was a quick exchange where they mentioned that they can't investigate without knowing the username I was complaining about. Oops. After that, I get this:

Hello,

Thank you for writing to Yahoo! Answers.

We appreciate your inquiry about your suspension from Yahoo! Answers
and/or the deactivation of your Yahoo! ID. We reviewed your case, and
decided that your account is not eligible for reinstatement.

Once an account is disabled for a violation of the Terms of Service, the
subscriber to the account will lose the ability to log in and access the
account and its contents (including email and content stored with any
other Yahoo! service). The account also will not be reactivated.

Should you choose to create a new Yahoo! account, we invite you to read
the Yahoo! Terms of Service and Yahoo! Community Guidelines to help
ensure your new account is not deactivated.

Yahoo! Terms of Service:

http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html

Yahoo! Community Guidelines:

http://answers.yahoo.com/info/community_guidelines.php

Thank you again for contacting Yahoo! Answers.

Regards,

Johnny

Yahoo! Customer Care

45742668

For assistance with all Yahoo! services please visit:

http://help.yahoo.com/

Yeah. That's not going to work for me. My response (based in part on a very interesting article from the Consumerist that I read yesterday):

Unacceptable.

You nebulously say that I have violated something in your terms of service with no justification, no explanation, and no recourse what-so-ever? And I'm supposed to guess which part of your TOS I allegedly violated and try again, abandoning the account I've held with you in good standing for over 10 years?

I'm appalled at your complete lack of customer service in this regard. Even if I were to believe that I had legitimately done something wrong, how can you terminate an account with no warning or second chance? I expect that you will cite some technical difficulty in managing second chances, but I assure you it's a trivial process that I can teach your database admins to implement if you'd like.

However, I don't expect you to be moved by simple logic so instead I offer this: If you intend to let this situation stand as-is, I will make sure that I tell my story. I am active in the Internet community and will submit this debacle to sites such at The Consumerist, Slashdot, Digg, and more, giving each the chance to hear what Yahoo! is really like.

Further, I intend to write to Google offering to be a spokes person on their behalf, using my story as an example of why they are the better choice in all things. I'm sure they'd be interested in having another nail for the coffin.

I will give you a period of time to respond to my request before taking any such action and I welcome you to prove me wrong and actually settle this in a reasonable manner. If so, I expect a justification for my expulsion AND immediate reinstatement of my account. Once I am actually aware of what provision of your TOS you claim I violated, I can make adjustments (if necessary).

Jeremy

Now let's see what happens.

Update 2008.03.18

Not surprising, but I'm baffled that I was right. Yahoo responded with a form letter:

[+] Yahoo's form letter response

Click the + to read it, but it's as bland and purposeless as you'd expect.

I've written an e-mail to "The Consumerist" hoping that they'l take an interest in this story or at least provide me with some advice on how to proceed. Sure I've got ideas, but I'd rather leverage the experience of the pros if possible.

[+] My letter asking for advice from The Consumerist

Click the + to read the e-mail.

Update 2008.04.08

Not getting much traction with some of the things I've tried, but I'm going to file a Better Business Bureau complaint and see what happens. Should be interesting.

[+] My BBB Complaint

Click the + to read my complaint to the BBB

And their response:

The case has been reviewed and has now been forwarded to the business for their response. This business has until April 30, 2008 to respond to your complaint. You may contact our office after April 30, 2008 to check the status of your complaint.

Mua ha ha ha! Forwarded to them for their response. So there.

Update 2008.04.13

Though they told me that I wouldn't be able to access my e-mail I checked today and it turns out that I can. Since I didn't try it before, I can't tell if was able to get to it all along or if this is somehow related to my BBB complaint. If I find out for sure, I'll post it.

Update 2008.04.24

[+] Yahoo's response to the BBB

[+] And my response to that

Update 2008.04.25

The BBB has noted that I said I didn't accept their response, but the BBB has closed the case anyway. Not surprising.

Next, to Google:

I have always championed Google services over competitors with one exception: Yahoo Answers. Their interface is, sorry to say, superior to what Google offered. However, I recently had my account cancelled with no warning despite the fact that I was a highly rated contributor who was a subject matter expert in Identity Theft issues. Though they claim I violated their policy, I don’t believe them and they have refused to provide any justification what-so-ever.

If you are interested in promoting bad press about your competitor, I would be happy to be a spokesperson on your behalf. People should know that a company that treats customers as Yahoo does is not worth getting involved with.

You can read about the entire issue here:

http://www.jeremyduffy.com/arguing-a-yahoo-account-suspension/

A More Clever Way to Get Customer Satisfaction

March 12th, 2008

Here's a new book on my list: "Unscrewed. The Consumer's Guide to Getting What You Paid For".

The Consumerist has a great interview with the author that describes some of the techniques in the book. Check this one out:

BURLEY: As you know, none of the techniques require anyone to scream or yell or spit at great distances. As a matter of fact, those are disqualifiers. There's an old-school belief, yes, walking into the middle of a showroom and screaming at the top of your voice, "They cheated me!" These days that will get you escorted out by the security guard. A lot of the techniques in the book put a twist on the old techniques of being a squeaky wheel. Such as writing a letter. Writing a letter to the president of the company these days is not going to get you anything. They've got legions of people and the president of the company is never going to see that letter. But I have a letter-writing technique that's called "Spokesperson For The Competition." You don't write a letter to the company that's causing you a problem, you write a letter to the president of the company that is their number one competitor, telling your true story and offering to become their number one spokesperson, and giving them permission to give a copy of your letter to every one of their sales people. Now before you send that letter to the competitor, you send a copy of that letter to the president of the corporation that's causing you a problem. And now they do the math. They say, ok, instead of losing just that one customer, our competitor is going to have evidence of just how poorly we treat our customers. And since we're in a highly competitive business, and we're trying to get those business accounts and fleet accounts or whatever, if every one of their sales people have evidence of how badly we treat our customers, how much business will we lose? You see what's happened there, it's the same technique, you're writing one letter, but you have somehow multiplied the effect, because you're not now one individual against the company that is causing you a problem. Using this technique of writing a letter to the competition, and offering to become a spokesperson for the competition, you've now multiplied your impact, your effect, a thousand fold? Ten-thousand fold? And suddenly, once again, it becomes more cost-effective for the company to take care of you than to ignore you.

That's quite brilliant actually. I should definitely get a copy and see what it's like.

Mike McConnell Proving to Be No Friend to Americans

January 15th, 2008

He's working on a "Cyber-Security Policy" that would give "the government the autority to examine the content of any e-mail, file transfer or Web search".

Thanks a bunch MM.

(H/T to Slashdot for the link)

How to Hack a Diebold Voting Machine - Picture

January 10th, 2008

I found this picture on Digg.com that has an easy 5 step process to hacking the voting machines to do your bidding. Remember when you go to vote soon, to thank your state's voting commission if they are using these well known, hackable, substandard, and completely worthless machines. Better yet sue them for incompetence or corruption (or both).

How to Record A Phone Call And Save Your Butt

November 29th, 2007

I've been on the wrong end of legal action due to someone else's incompetence. Because I lived in a "one-party" state, I was able to legally record a call to an office WITHOUT TELLING THEM and use it in a phone hearing as evidence. Because of this, I was able to prove that I had been given the wrong instructions and it wasn't my fault, but theirs.

So there.

If you'd like this kind of satisfaction, you either have to tell them that you're recording the conversation (which will likely get you hung up on), or live in a state where it's legal to record any conversation that you're a part of (one-party state).

Here's the list on Consumerist.com

If you live in a two-party state, about the best you can do is record it and use it to refresh your memory or put together a convincing case of what was said. But you won't be able to use it as evidence and you might actually be breaking the law by recording it so beware.

Oh, and just because they say "This call may be monitored… blah blah blah" doesn't automatically give you permission to record it (though it should).

Refund for Preinstalled Unwanted Software

October 29th, 2007

A guy in Italy managed to get a refund from HP for Windows XP and Works 8 which were preinstalled on his system. Apparently, the license agreement states that if the customer doesn't accept the agreement, the vendor will refund the money.

This could be the start of a disturbing trend as far as computer retailers are concerned.

Comcast Actively Blocks High-Bandwidth Traffic

October 22nd, 2007

I already reported on Comcast blocking Peer-2-Peer filesharing traffic, but apparently they've extended the blocks to enterprise software (in this case, Lotus Notes).

When Lotus Notes users attempt to send e-mail with larger attachments over Comcast's network, Notes will drop its connection. Instead of a successfully sent e-mail, they're greeted with the error message, "Remote system no longer responding." Kanarski did some digging and has managed to verify that Comcast's reset packets are the culprit.

It should be noted that everything that has been reported as being blocked by Comcast are things that cause high traffic on Comcast's networks. Even though people pay for their high speed Internet, Comcast will be damned if they actually let you use it. I mean, I've never been dropped from Comcast service for using their Internet "too much" like some people, but I definitely can't get decent service to save my life.

For example, if I start one download at about 100kB/s, the rest of my Internet connection limps along like a two legged cat! So much for my 6 megabit connection speed.

Something is seriously wrong with Comcast and I hope some regulator comes down on them hard soon.

AT&T and Apple Intentionally Broke Unlocked Phones?

October 11th, 2007

Not surprisingly, a class-action lawsuit has begun against Apple and AT&T becuase of their firmware update that some claim was intentionally designed to break any iPhone that someone had unlocked.

The real problem here is that people really like the iPhone. As soon as it came out, busy hackers got to work unlocking it so it could be used with another cell provider's service and have 3rd party programs installed on it. Apple and AT&T didn't like that and soon issued a new update to the phone which caused many of the ones that had been "hacked" to break. There are some who think it was done intentionally.

While I can certainly imagine it, you would think that they would have anticipated the legal and customer backlash. You would think… but companies have made these kinds of mistakes before.

Public Citizen Still Protecting Online Speech - Go Guys Go!

October 9th, 2007

One of my heroes is Paul Levy who spoke at the 2006 Computers, Freedom, and Privacy Conference in DC. He works at public citizen and is one of their main guns when it comes to protecting people online. You see, companies have this bad habit of bullying people out of their domain names or first amendment rights. Public Citizen offers free legal services in defense of innocent people in the face of bad corporations everywhere.

Their latest: a situation where a company sent a cease and desist letter with an interesting twist. They claimed that the cease and desist letter was copyrighted and that posting it online would result in a lawsuit. This, of course, was to try and prevent someone from making the letter public in an effort to get public opinion on their side.

Well, Public Citizen has a copy of the letter and has posted it on their site along with their excellent response explaining why sending a letter like that is a waste of time.

Update 2007.10.12

They've already given in :)

Summary of iPhone Woes

October 3rd, 2007

The iPhone was greatly anticipated as revolution in wireless phones (in some circles, it's been called the "Jesus phone"). As soon as it was released, hackers and tweakers got to work on unlocking it so it could work on other carriers or just be used as a PDA/MP3 player without phone service at all. Soon after that was completed, people were writing custom applications and modifications left and right.

The problem is that AT&T was losing potential customers and Apple was under pressure to make people stop enjoying their iPhones. That said, Apple issued an update to the iPhones that they warned would destroy any phone that had been unlocked or modified. Besides the wicked backlash in press and blogging against Apple for this move (which seems more deliberate than accidental), the new update breaks many legitimate applications that were designed to work with the iPhone as well.

Worst of all, Nokia has just launched their newest product and an ad campaign with the dual slogans, "Phones should be open to anything" and "The best devices have no limits". In the end, if the new Nokia phone doesn't match up to the features of the iPhone, it won't matter, but there's already an in-depth review from an editor at Popular science.

Here's a partial summary of the battle:

  • Nokia has higher data speeds and can be used as a wireless modem for a computer without the clumsy hacks necessary for the iPhone.
  • Nokia's are "unlocked" by default. This means they can be used with any GSM cellphone service in the world. No hacks or cracks necessary,.
  • Battery life - Inconclusive
  • Web browsing - iPhone. No surprise there; the whole phone is a screen.
  • 3rd party applications - Nokia wins because Apple is either actively or incompetently blocking 3rd party apps

And many more, but I won't spoil the details, just the results. The Nokia clearly wins in most categories (price and size being detractors). Anyway, iPhone better shape up if they don't want to be left behind.

Man Cleared of Charges in Circuit City Case

September 21st, 2007

If you've been following the case of Micheal Righi, a man who refused to show his receipt at Circuit City and was soon arrested (because he wouldn't show a police officer his ID), you know that our "security society" is pushing people to take away our rights and pushing others to accept it.

Fortunately, Micheal didn't back down, even when presented with a deal where they would drop all charges in exchange for giving up more of his rights.

I was presented with an offer to have my charges dropped in exchange for signing a document which asked the following of me:

I would not file a Section 1983 civil suit against the Brooklyn police department for infringing on my civil rights.
I would not make any disparaging remarks about the police department, with financial repercussions for doing so.
I would not discuss the details of this agreement.
These conditions were completely unacceptable to me.

Unfortunately, Michael and his family could not afford the time, effort, and money involved with a legal battle with the state. He accepted a deal where he gave up his right to sue them in exchange for immediate dismissal of the charges.

Thankfully, he is not under a gag order and can tell us how this turned out, but it's a shame and a crime that the court system is such that only those with enough money get justice.

Speaking of, people have been complaining to Michael about asking for donations such that he's decided to give away all the money donated even though it's $2000 short of what he's paid in legal fees so far. He says he can afford up to $10,000 to protect his rights and wants to remove all doubts about his intentions.

Let me say it again: it's a shame and a crime that the court system is such that only those with enough money get justice

Beware Google Apps - All Your Content Are Belong to Us!

August 30th, 2007

I have always said that Google has the best search engine and I still believe that (for now). But when it comes to their other offerings, they've proven to be a bit dodgy. Now comes news from someone who's been paying attention that according to their terms of service, any content you produce with their Google Apps belongs to them!

Write a love letter to your girl and find it on a greeting card later with no royalty fees or otherwise due to you.

Opt Out of Comcast Arbitration While You Can

July 23rd, 2007

While I usually throw out anything Comcast sends with the bill, this time I noticed an arbitration notice that says that you only have a little bit of time to opt out before you become bound to an arbitration agreement. What does that mean? It means that you're giving up your right to sue them for incompetence (which is a pretty big deal considering how incompetent they can be).

If you continue to use comcast service without opting out, you will automatically be bound by the new arbitration agreement. Fortunately, you can opt out very quickly by going to their website:

https://www.comcast.com/arbitrationoptout/default.ashx

Note that you must type your account number EXACTLY as shown on you bill (spaces and dashes included) or it will error with barely any indication of what went wrong (no error message).

This kind of agreement is completely one sided and circumvents the courts and our rights. Fortunately, Public Citizen is working on a bill to remove mandatory binding arbitration for good.

Update: 7/24/07

Here's an article from the Consumerist about how arbitrators can be influenced by credit card companies to rule against consumers.

Update: 7/26/07

And another showing that the top ten Arbitrators rule against the consumer 98.4% of the time. I wonder how they became the top ten? Hmm…

Update: 8/08/07

And the word is spreading. Public Citizen's blog says it seems to be a very fair provision. I still don't like having it rammed down my throat.

RFID Worst Case Scenario Has Arrived

May 3rd, 2007

The people over at CASPIAN have warned about how companies are trying hard to get RFID tags into all their products without people knowing. Well, now they will. The anti-theft tags that nearly every product currently has will be combined with RFID technology so that nearly every item you walk out of the store with will also transmit a unique identifying number to any reader nearby. Theives, marketers and big brother are salivating.

You don't believe that companies are desperately interested in what you do every waking moment? Then you haven't been paying attention.

University of Wisconsin Doesn’t Bend to RIAA

March 20th, 2007

In the RIAA's ongiong bully-lawsuit campaign, it has sent "settlement" letters to numerous Universities to be distributed to "alleged" abusers. The University of Wisconsin has refused to do so without a subpeona. Innocent before guilty? Wow. Count on a University to remember our Constitution.

TSA’s Porno X-Ray Goes to Phoenix’s Sky Harbor International Airport

February 22nd, 2007

Privacy.org points to an article explaining that the backscatter x-ray will be fielded in Phoenix. This X-ray device can penetrate clothes, but not skin making a pornographic video of them. Yes this allows the TSA to see if you're carrying bombs or guns, but it also removes your clothing.

Peer to Peer Filesharing Doesn’t Affect Music Sales

February 13th, 2007

Though the RIAA would like you to believe it, it seems that P2P doesn't actually affect music sales at all. That's kind of embarassing for the RIAA who no longer has any justification for thier music property crusade.

Of course, I always said that most people who use P2P to get music wouldn't have bought the CDs in the first place. Therefore, the number of people who download music doesn't necessarily equal the number of CDs that would have been sold.

Schneier on Vista

February 12th, 2007

Today on Schneier's blog, he describes in farily decent detail why the DRM in Windows Vista is bad.

Some choice bits:

And Vista continuously spends CPU time monitoring itself, trying to figure out if you're doing something that it thinks you shouldn't. If it does, it limits functionality and in extreme cases restarts just the video subsystem. We still don't know the exact details of all this, and how far-reaching it is, but it doesn't look good.

What the entertainment companies are finally realizing is that DRM doesn't work, and just annoys their customers. Like every other DRM system ever invented, Microsoft's won't keep the professional pirates from making copies of whatever they want. The DRM security in Vista was broken the day it was released.

In the meantime, the only advice I can offer you is to not upgrade to Vista. It will be hard. Microsoft's bundling deals with computer manufacturers mean that it will be increasingly hard not to get the new operating system with new computers. And Microsoft has some pretty deep pockets and can wait us all out if it wants to.

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