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FTC warns app developers against using audio monitoring software

SilverPush is a software that is able to turn on an Android device’s mic and pick up background sounds to better target advertiser.

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FTC Bureau of Consumer Protection Director, Jessica Rich also said that the apps can listen in the background and collect information about the consumers without informing them. Developers of apps that use Silverpush could be considered responsible if users aren’t informed about the collection of data and who is receiving it. The letters also note that nowhere do the apps in question provide notice that the app could monitor television-viewing habits, even if the app is not in use. What it does is it uses the “audio beacon” technology to recognize inaudible audio watermarks in TV ads.

That’s why the FTC isn’t messing around, as the warning letter states that if applications “enabled third parties to monitor television-viewing habits of USA consumers and your statements or user interface stated or implied otherwise, this could constitute a violation of the Federal Trade Commission Act”.

“For the time being, SilverPush has represented that its audio beacons are not now embedded into any television programming aimed at U.S. households”, the FTC tells developers in the letters [PDF].

The India-based company that developed Silverpush says it’s “leading the industry in bringing the customer journey from TV-Search-Social-Mobile”.

The FTC says the apps require users to grant permission for the use of the microphones on their devices before they can complete a download, even though the apps appear to have no functions that would require the use of a microphone. The app need not be in use for the microphone in the consumer’s device to detect a unique audio code beamed out by television ads. In response to the warning letter, SilverPush claimed the tech was not used domestically, but that doesn’t make the situation less offensive.

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The FTC says it has beatific belletrist to 12 developers with apps apparent to be appliance the SilverPush software. According to their report, it could be recalled that last November “Addons Detector” has shared their analysis which found 27 apps in Google Play Store with a software development kit of the controversial software. All 12 of the devs have been given letters warning that in order to make use of the SilverPush code, they must first obtain direct permission from users to both access their microphone hardware and track user activity for targeted content.

FTC warns developers of apps that silently use smartphone microphone to spy on TV viewing habits