Isn't Win 10 a 4th Amendment violation?

Microsoft announced in its EULA that it will be capturing people’s passwords and using those passwords against people (its consumer customers and possibly others) searching through their private (encrypted files,) looking for evidence against them on their own machines. In the US it looks like they are promising to violate people’s constitutional rights with illegal search and seizure and acting like their their EULA actually has people waive their constitutional rights. They will capture your passwords and give it to other people to use against you. And if I am not mistaken they just promoted their main lawyer Brad Smith to President.

The Bill of rights restrains the government, not private businesses. “Congress shall make no law”

Microsoft is not congress.

And yes the government totally tramples on the 4th amendment all of the time. It means whatever the courts decided it should mean, and they really want it to mean whatever they really want it to mean.

But isn’t MS aiding and abetting the government in a mass illegal search and seizure in that its trolling for them and then handing over the keys and inviting them in.

Also we need to fix this. Its absolute nonsense that the only place the bill of right applies in the work place is public employment. It needs to apply in every private shop and especially or doubly against transnationals. Bill of rights doesn’t go far enough.

Sure, but there is no law against aiding and abetting governments.

“There ought to be a law.”

Its always tyrants who write and enforce the laws. Get it? You cannot win the game by playing under the “there ought to be a law” rules because you are rebuilding the enemy of freedom every time you say such things…

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It’s not, because you don’t have to accept employment anywhere except in the government (say, as a soldier, juror, etc.)

I haven’t checked carefully, but most likely the claim is nonsense: you can disable search if you don’t like the deal you’re getting.
I use Win 10 and I disabled all “great new features”, so I couldn’t care less.

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Are you really sure that “disabling” these features really disables them?

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Exactly, in the EULA they can turn them back on. And isnt it curious, the ones they would want to override the encryption on private files for would be the very ones who would switch these features off. But the whole thing smacks of MS trying to cover its tracks on something it was already probably under gag order. So how were people switching it off previously when MS did have swithches for it. And do we really believe MS doesn’t do this on the business side or in which ever of its products were pitched as closest to a “private” cloud?

Look at the UK and EU and what they are saying about mail reading. I think this is a result of what happened to Sony and other corporate fiefdoms.
MS is saying they have a camera pointed at you, your screen and keyboard and are searching everything you are doing. This defeats proton mail, and the new CA cyber snooping law- which was already weak with exceptions for law enforcement despite talk about warrents. It defeats what Hillary was doing in trying to avoid the fate of Petreaus.

And it ironically means that no serious business should ever use MS products.

Why the hell am I supposed to prove that MS is not lying, while you and Warren keep posting crap without any references?

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You could read the Win 10 EULA and then apply reason.

Yes, and here’s what it says:

You have choices about the data we collect. When you are asked to provide personal data, you may decline. But if you choose not to provide data that is necessary to provide a service, you may not be able to use some features or services.

I had already said I had disabled all the “enhanced” crap.

Now that we’ve repeated ourselves without adding a single bit of new info, can you or your conspiracy co-researcher Piluso substantiate the claim that disabling the advanced personalization/search features doesn’t really disable them, before I mute this nonsense topic?

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Hold the mute button. Don’t you think its Cool Aid consumption to buy that double speak? I ask you again why should we ever trust them again after they just said in the EULA that they hope no one will read they will go through all your private password protected files constantly trying to get the goods on you? I mean after all there was a reason that you went through the trouble of protecting your data in the first place right and they are announcing their right to defy you on your own hardware but hinting that you might be able to object?

Are you going trust a company that under any circumstance would override you password encryption and help itself to your info for any reason? In all of imagination is there any possible remotely justifiable reason for this. And then you’re going trust this company that has just demonstrated this absolute lack of judgement to do what it says its going to do in the same EULA where it just announced its insanity? Can you see the circularity?

Lets put this in concrete terms of a little skit- nice if it got turned into a video and spread around.

The Win 10 paint job.

Howdy neighbor. I’m a painter and I’ll give your home a free paint job. But if you agree there is some fine print you can look at later. Paint Job commences and finishes quickly. But then you notice some strange fixtures on your home that look like cameras and they are pointed at all the exterior door knobs. One day your read the fine print and you discover that your neighbor has granted himself the right to duplicate all your door keys with the help of the cameras he’s installed to keep an eye on you. He promises to enter your home regularly and look through all you belongings to see if there is anything he objects to. If he finds something that may have violated his interests he promises to call the police on you, and provide a key to help them enter without needing a warrant (its in the fine print that he can do this) and that he will provide detailed knowledge of the inside of your home, a map and the whereabouts of anything that could have been stolen from him or that the police might consider contraband.

Thankfully in the notice you discover that you can remove the cameras and change the locks. You’re worried thinking he might have might have already gone through your home and belongings, concerned there might already be active police file on you. After all, you think you’ve seen some suspicious cars parked out front of your home. Your remove the cameras and change the locks. But you weren’t aware of the less conspicuous cameras your neighbor installed in your home before you moved in. You were also not aware that your neighbor through his front window which happens to face the unobstructed perpendicular of your front door has a telephoto camera trained and already has copies of your new front door key. He also has cameras from a tree in his yard aimed a your side door and has copies of that new key as well. He made a copy of the interior garage door lock before you moved in. Keep changing your locks, he’s not worried he still has unobstructed views of your bathroom and bedroom behavior and everything else. He knows all about you and your family. Its a cross between the movies Sliver and Pacific Palisades.

Microsoft cannot search your email without having your email password. So if you want the AI thing find shit in your email, you must either let it know your email password, or else have unecrypted maibox. It’s been this way for 20 years and it’s only a legality (content of the EULA) that’s changed. Before (in the 90’s) this wasn’t even mentioned because it was “normal”.

Unless I see evidence that MS violates its privacy policy or Windows 10 settings, I am not going to lose sleep over this.

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Damn, you responded before you read my skit.

The EULA says they are going to search through your private files. Its says you can’t turn off update. This implies relatively continuous key logger and screen capture. Which means they have access to your emails even if its proton mail. It also says they are going to rat you out and that in effect their EULA voids your 4th amendment rights against unreasonable government search and seizure.

I don’t know about this specific case, but Windows had a horrible track record in doing what it is supposed to do.

A glaring example that comes to my mind right now is the autoplay function. There were three ways of disabling it. From the settings, from registry and from services.

Guess what, even with all three methods disabled, it STILL autoplayed CD-Roms.
So yeah, I am not that confident about Microsoft and their practices.

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I did read but I don’t understand what OS updates have to do with screen capture?

They said they will search your private files,

Yes, email and whatever shit you have on your system constitutes your private files.

Google Desktop used to do that as well.
Remember how you could search all your devices from anywhere? Because they used the mothership to orchestrate all your Deskop instances and Gmail and whatnot.

That’s how it works, if you use search. I am pretty sure you can manually stop Windows Search (e.g. see here) on Windows 10 as well, then it won’t rummage through your Collected Works of Unabomber.

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And what if you’re wrong. And why should you have to stop them from getting the good on you and most other people directly or indirectly?

Considering that Microsoft is directly collaborating with the NSA (leaked docs reveal that the NSA VoIP eavesdropping capabilities increased tenfold thanks to Microsoft taking over Skype), do you really trust their product to be trustworthy?

Why would you insist on neutering a OS when you could use perfectly full fledged OS with privacy and autonomy by default? I am talking about Linux of course.

Sooner or later such violation will be spotted and reported.
That’s why I would call the topic “Is Win 10 …” rather than “Isn’t Win 10…”. At the moment I have no reason to suspect it is.