KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Televisions and Monitors collecting data  / tax webinar today
December 19, 2024
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Webinars Announcement
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          Today's webinar at 12 PM noon ET on:
Dec 19: on steps to take before year end to reduce taxes
Register Here:  https://attendee.gotowebinar.com/register/5550299956529427544
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Webinar: December 19, 2024
Title:  Tax Breaks: Steps to take now, before end of year, to reduce your taxes
When:  December 19, 2024  12PM ET
Who should attend: Owners, CFO; GM, accountant
Topics to be covered: The end of the year is coming up and you may be wondering about tax reduction.   Should you buy a work truck, pay bills, hold invoices, or take other action.  Before you get advice from the car salesman down the street listen to what Mitch Reitman has to say.  Some significant tax breaks are going away in 2025.  If you don’t take advantage of them this year they may be gone forever. 
Presented by:  Mitch Reitman, the Reitman Consulting Group, 817 698 9999; mreitman@reitman.us
Hosted by:  Ken Kirschenbaum,Esq.  Kirschenbaum & Kirschenbaum
Register Here:  https://attendee.gotowebinar.com/register/5550299956529427544
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Televisions and Monitors collecting data 
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Ken,
   This is interesting on at least 5 levels
1.  Walmart is now manufacturing televisions
2.  100% of Visio's income comes from their ad income on their televisions
3.  Walmart can now monitor what you watch and what you purchase online on the television and monitors.
4.  The ability to do that means that they can give you more directly target ads.
5.  Walmart can now restrict the ads you see on television and could in theory make sure you only see ads for Walmart products sold at Walmart's price rather than competitive prices at other retailers, or could get pricing intelligence based on my purchase or failure to purchase.  
     With all of that said, I don't believe that I could in good conscience sell a Visio product to a customer for all of the same reasons I can't in good conscience sell a Samsung product to a customer.  In case you don't realize / remember it, Samsung televisions offer the ability to talk to their monitors (that have speakers and microphones built in) and their televisions and send that data to the Samsung factory (or their designated business partners) for "processing".  
     They have been caught in what I would consider ethically misusing information that they gathered from locations that had Samsung equipment installed.  Imagine sending the data from a PD or other government owned facility to Samsung...
     The Samsung "thing" has been around since 2015 so it's old news but many dealers may have forgotten.  The Visio being bought by Walmart is today's news.  I had no idea that 100% of Visio's profits came from their connected services.  Basically they are giving away the television / monitor in order to get your data.  Sounds like installing a free alarm system to get the monitoring.  :-)
     I'm wondering what the legal ramifications of this are if I have one of these televisions / monitors that I have installed in say a police department or a city council chambers or any number of other potentially sensitive locations.  On Samsung I can simply turn voice features off then make sure everyone knows that they shouldn't enable it because they think it's "cool" or whatever.  The Viso "thing" being new today we have no idea about how or if it can be disabled.  And should someone at a later date enable the listening, am I now liable?
          Here are two articles on topic:
https://variety.com/2024/digital/news/walmart-closes-vizio-acquisition-1236233418/?utm_source=join1440&utm_medium=email&utm_placement=newsletter
 
https://money.cnn.com/2015/02/09/technology/security/samsung-smart-tv-privacy/index.html#:~:text=By%20David%20Goldman%20February%2010,commands%20will%20still%20be%20captured.
 
Sincerely,
Dave Watkins
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Response
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          From a liability perspective all you need to be sure about is disclosure, which should accompany the manufacturer’s literature.  It should not be surprising that data is collected and sent to advertisers and marketers.  Isn’t that what happens when you use your computer, use google, and watch TV; “they” seem to be keeping track, so not sure what is different with the TV monitor, as long as it’s not a camera system that actually works all the time or even when turns on. 
          This brings to mind a monitoring company selling data on the coming and going of subscribers to marketing companies; obviously that is not OK.  Collection of data has become ubiquitous with technology, so much so that it has attracted government to consider oversight. 
          Alarm companies should not collect data that it shares with anyone [other than required by law or customer] and if it installs any equipment that collects data and sends it to the manufacturer [which is bad idea] that must be disclosed to the customer.
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com