It's sending back arbitrary data to someone else without explicit authorization. This data can contain anything including information about the running environment, the contents of files on the computer, other running programs.
It doesn't matter that it's Microsoft instead of an Estonian teenager doing it. You own your computer. You explicitly decide what data comes from it. NO EXCEPTIONS.
You are giving very explicit authorization by agreeing to the EULA.
> You own your computer. You explicitly decide what data comes from it. NO EXCEPTIONS.
That's still true. And by installing a product and agreeing to a EULA which includes a section on telemetry you are doing just that. Thus, your options are "don't install the software" or "opt-out".
It's also unlawful under the GDPR.
It doesn't appear to say clickwraps are non-binding, only that it has to be "conspicuous" and basically that a user knew they were agreeing to something. Unfortunately that too is open to interpretation. As with most things of this nature, if someone wants to sue, they can sue, and it's a resource fight in the courts.
[0] https://en.wikipedia.org/wiki/Specht_v._Netscape_Communicati....
GDPR does not make collecting aggregate data unlawful, so unless you can prove that the data collection is identifiable then GDPR doesn't apply.
Bullcrap. Many people's Win7 installs were upgraded to Win10 without their consent.
To claim otherwise is blatantly dishonest.
1. Unclear boundaries of data. How many points of data are being collected and sent 'home'? CPU performance? OK. Device name, pc username, usage duration, times the program is opened and closed. System account email address, IP address, hostnames contacted (i.e. websites visited), WiFi-based location, webcam stream for inference of end-user mood, microphone for emotion analytics? These are all examples of telemetry that could be argued are 'needed' for purely for product improvement.
2. Even if only a couple of data points are collected, it is very possible to identify the real name of the end user through analytics of the data. This inferred information is very valuable, and definitely is then a privacy issue.
I hope the vast majority of developers and company execs don't intend to 'do evil' with this information, but unfortunately we have seen examples of this from public companies, despite auditing etc.
I just moved into my rented house and discovered the CCTV outside my front door, in public view, but also on my property, is actually monitored by the landlord, not me.
- you = me
- software = house
- telemetry = CCTV
I just entered a new mall and discovered that they monitors how many people come in and out (and at what time) in order to ensure they have enough cashier.
- you = me - software = mall - monitoring basic metrics in order to improve the service = counting people in/out
This is completely OK, and somehow everybody likes that they increase the number of cashier during busy time. Just like the mall, you do not own the software, you juste have the right to enter/use it.
Indeed, human greed is faster moving than regulation, so its no wonder we are in the transition phase.
And if you tell me all this identifiable data about me is safe, this is simply not true. Safe from motivated 3rd parties, then this is also not true.
Unfortunately, we do not live in this ideal world where data is used for only good.
We live in a world where people get away with undetected overreach all the time.
This is specifically about telemetry in an open source code. If you want to know what data it sends, you can look for yourself.
> my property
Those two things don't jive. It's your property OR you rent it. Not both.
Oh, I forgot, OSS contributors are vital state resources targeted by foreign governments and drug gangs alike, and both of them have access to how you use open source Winforms. I get it, now.
(Sarcasm complete. My points here are that you aren't a target of any totalitarian regime, and that totalitarian regimes don't need telemetry to make you disappear.)
Are you switching the conversation topic from open source software telemetry to mobile phone tracking? That's a whole other thing, and doesn't contribute to the in-progress discussion on open source software telemetry, nor does it prove me (or anyone else) wrong.