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A marketing company claims it can eavesdrop on users’ conversations in real time — via smartphones, tablets, TVs, and other smart devices — and identify potential customers to deliver personalized ads.

“Do we need a bigger vehicle? I feel like my lawyer is screwing me. It’s time for us to get serious about buying a house—No matter what they’re saying, now you can know and act,” Cox Media Group (CMG) said on a now-defunct web page.

“When you purchase a new device and agree to terms and conditions, you consent to your phone listening to you when it is turned on,” CMG said.

“The growing ability to access microphone data on devices like smartphones and tablets enables our technology partner to aggregate and analyze voice data during pre-purchase conversations,” CMG said. The company explained that this is legal since users agree to the terms and conditions of the devices and apps they use.

According to CMG, its “Active Listening technology” uses a machine learning algorithm to determine pertinent conversations in real time and identify potential customers. The company then uses AI technology to analyze the “past behaviors of each potential customer” before targeting them with relevant ads on streaming platforms, web pages, social media, YouTube, and Google or Bing Search.

“This technology provides a process that makes it possible to know exactly when someone is in the market for your services in real time, giving you a significant advantage over your competitors,” CMG said. “We have territories available in 10 or 20-mile radiuses, but customizations can be made for regional, state, and national coverage.”

While it’s common knowledge that websites track users’ browsing behavior and keystrokes, listening in on users to deliver ads marks a shocking advancement in targeted advertising.

CMG Gets Voice Recording Data From Third Parties

CMG said in a statement to 404 Media that it doesn’t directly eavesdrop on users’ conversations, but depends on data from third parties.

“Advertising data based on voice and other data is collected by these [third party] platforms and devices under the terms and conditions provided by those apps and accepted by their users, and can then be sold to third-party companies and converted into anonymized information for advertisers. This anonymized data then is resold by numerous advertising companies,” CMG explained in its statement.

“CMG businesses do not listen to any conversations or have access to anything beyond a third-party aggregated, anonymized and fully encrypted data set that can be used for ad placement.”

However, F. Mario Trujillo, staff attorney at the Electronic Frontier Foundation (EFF), told VPNOverview that he is doubtful of CMG’s claims that the voice data it uses is anonymized. “I would be very skeptical about a company saying that it is only using “anonymous” data. If data is truly anonymous, it wouldn’t be very valuable to target ads,” Trujillo said.

Google and Amazon — listed as CMG’s partners — also issued statements to 404 Media. Google highlighted its safeguards against unauthorized audio collection on Android devices, while Amazon said Echo devices do not support such advertising practices and do not share voice recordings with third parties. Microsoft declined to comment.

How to Protect Yourself From Invasive Advertising

For many years, privacy-conscious netizens have speculated that smart devices listen in on users and share this data with advertisers. But, this has always been brushed off as unlikely. This invasive practice may violate Europe’s GDPR law and U.S. state and federal laws.

“Recording a person’s private conversations without consent violates both [U.S.] state and federal law. There is a case to be made that purported consent for secret recording buried in terms of service is not consent at all. Not to mention the people who never agreed to a company’s terms of service—like friends or family members who are part of the conversation,” Trujillo explained.

Like ultrasonic beacons tracking users across devices to profile them and dark patterns in online stores subtly manipulating customers, listening in on users to deliver targeted ads reflects a growing trend in the digital world: the sacrifice of privacy for commercial gains.

There are various ways to limit the data that apps and devices can collect about you, including:

  • Reviewing app permissions: Regularly check and modify the permissions you grant to apps, especially those related to location and microphone access.
  • Reading terms and conditions: While often overlooked, understanding the terms and conditions of the apps you use is important to understand what data they’re collecting and how it’s used.
  • Using a VPN (virtual private network): A VPN encrypts your internet traffic and masks your location, making it difficult for advertisers to track your browsing habits.
  • Considering alternatives: Use devices and services known for better privacy practices.

Read our extensive guide to browsing the internet anonymously for more privacy tips.

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