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Hey, you're treating that data with the respect it demands, right? And you definitely collected consent from those chat participants before you Hoover'd up their [re-reads example] extremely Personal Identification Information AND Personal Health Information, right? Because if you didn't, you're in violation of a bunch of laws and the Twitch TOS.
If I say my name is Doo doo head, in a public park, and someone happens to overhear it - they can do with that information whatever they want. Same thing. If you wanna spew your personal life on Twitch, there are bots that listen to all of the channels everywhere on twitch. They aren't violating any laws, or Twitch TOS. So, *buzzer* WRONG.
Right now, the same thing is being done to you on Lemmy. And Reddit. And Facebook. And everywhere else.
Look at a bot called "FrostyTools" for Twitch. Reads Twitch chat, Uses an AI to provide summaries of chat every 30 minutes or so. If that's not violating TOS, then neither am I. And thousands upon thousands of people use FrostyTools.
I have the consent of the streamer, I have the consent of Twitch (through their developer API), and upon using Twitch, you give the right to them to collect, distribute, and use that data at their whim.
Quite arrogant after you just constructed a faulty comparison.
That's absolutely not the same thing. Overhearing something that is in the background is fundamentally different from actively recording everything going on in a public space. You film yourself or some performance in a park and someone happens to be in the background? No problem. You build a system to identify everyone in the park and collect recordings of their conversations? Absolutely a problem, depending on the jurisdiction. The intent of the recording(s) and the reasonable expectations of the people recorded are factored in in many jurisdictions, and being in public doesn't automatically entail consent to being recorded.
See for example https://www.freedomforum.org/recording-in-public/
(And just to clarify: I am not arguing against your explanation of Twitch's TOS, only against the bad comparison you brought.)
You're both getting side-tracked by this discussion of recording. The recording is likely legal in most places.
It's the processing of that unstructured data to extract and store personal information that is problematic. At that point you go from simply recording a conversation of which you are a part, to processing and storing people's personal data without their knowledge, consent, or expectation.
True.
Although in Germany for example it can also be an issue when recording. If you have a security camera pointed at a public space (that can include the sidewalk infront of your house), passersby can sue you to take it down and potentially get you fined. Even pretending to constantly record such an area can yield that result.
Literally not. The police use this right now to record your location and time seen using license plates all over the nation - with private corporations providing the service.
And yes, it's called 'expectation to the right of privacy'. Public venues are not 'private' locations, and thus do not need consent. You can, quite literally, record anyone in public.
Even the link you provided agrees.
Doesn't Twitch own all data that is written and their TOS will state something like you can't store data yourself locally.
I'm not storing their data. I'm feeding it to an LLM which infers things and storing that data.
Was this system vibe coded? I get the feeling it was...
lol. Way to contradict yourself.
Most US states are single party consent. https://recordinglaw.com/united-states-recording-laws/one-party-consent-states/
There is no expectation of privacy in public spaces. Participants to these streams which are open to all do not have a prohibition on repeating what they have heard.
Repeating what they heard is very different from automatically processing the chat to harvest personal information about the participants.
Just because some data is publicly available doesn't mean all processing of that data is legal and moral.
It is qualitatively equivalent. Any single piece of information could have been copied, it is safe to assume it has all been copied.
Although I would be onboard for supporting an expectation of pruvacy in public spaces and making private cctv recording illegal.
Right and what I was saying was even if it wasnt “public”, single party consent means the person recording can be that single party- so still a non-issue.