(Credit: SeongJoon Cho/Bloomberg via Getty Images)
Samsung is revamping how it discloses a little-known ad-tracking technique built into its TVs.
“We hope our updated language will provide additional reassurance to our customers and serve as a new standard for others in the television industry,” Samsung tells PCMag.
It comes after Texas Attorney General Ken Paxton sued Samsung in December for "secretly recording" what you watch. He took aim at a technology called Automated Content Recognition (ACR). It's been around for years and is designed to collect data on the content you’re watching to serve targeted ads.
Researchers have found ACR works by “fingerprinting” your viewing habits, which involves capturing frames and audio clips to compare against a massive online library. This process can help TV makers instantly catalog what’s being watched without recording actual screen footage.
(ACR Study: Watching TV with the Second-Party: A First Look at Automatic Content Recognition Tracking in Smart TVs.)Although ACR is usually an opt-in feature, Paxton claimed the technology amounts to mass surveillance and spyware, and gives TV makers a wealth of personal information about users.
In addition, his lawsuit accused Samsung’s ACR system of being illegal, arguing the company had failed to properly disclose the ad-tracking technique to TV owners during the setup process. “First, consent is not informed because Samsung relies on non-intuitive nomenclature—deceptively and misleadingly naming their ACR data collection program Viewing Information Services,” the lawsuit said.
Paxton added that "nearly all consumers click 'I Agree' to all to simply finish the initial setup,” without realizing they're agreeing to the ACR data collection. "Samsung intentionally created this deceptive consent architecture to present the consents and notices when consumers are least likely to read and carefully consider them in their eagerness to start watching their new Smart TV."
This week's agreement, however, "compels Samsung to promptly update its smart TVs and implement disclosures and consent screens that are clear and conspicuous to ensure that Texans can make an informed decision regarding whether their data is collected and how it’s used," Paxton says. “I commend Samsung for being one of the first smart TV companies in the world to make these important changes."
It's unclear what the updated privacy disclosures will look like. However, Samsung maintains that its previous approach never broke the law. “The settlement affirms what Samsung has said since this lawsuit was filed—Samsung TVs do not spy on consumers. In fact, Samsung allows you to control your privacy—and change your privacy settings at any time," the company says.
The agreement might pressure other TV manufacturers to do the same. Paxton also sued Hisense, LG, Sony, and TCL over their ACR implementations.