Sony Has The Option To Monitor And Record User PSN Activity

Earlier today Sony updated the terms of service for PSN, including new elements referring to software resale and monitoring of the network. The software clause (section 7.1) states that users cannot resell their games without authorisation from Sony.

However we didn’t run this story because we discovered the same clause has been issued by lots of companies over the years, including publishers, such as Activision, who have a similar clause in game manuals. It’s pretty much unenforceable, unless Sony decide to implement used game fees or blocking second hand discs, something the company said it wouldn’t do at E3.

However another major addition was the fact that Sony has the option to monitor user’s activities when using PSN. Sony have stated that the company doesn’t have the power to monitor every user constantly, but if Sony believe they have a cause to monitor your activity then they will.

This includes going through your messages, both text and voice, content that you may have generated such as gameplay videos, your IP to determine where an activity took place and your address. Specific reasons as to when Sony would carry out surveillance against someone haven’t been made clear, but law breaking is mentioned. According to the ToS if you accept the terms then you apparently have given consent to allowing Sony to monitor you if they deem it necessary.

Right now we’re living in a time where the debate over individual privacy and nations monitoring populations in the name of security has flared up, with various sides supplying their own arguments. I won’t go into detail of my own position but let’s just say I like my privacy. Of course I understand Sony has to moderate the content that flows through its servers, but the point that gets me is the fact Sony reserves the right to monitor your activity “without further notice to you.”

As in they don’t have to tell you if/when they start monitoring your activities, because consent is already implied. This debate will only grow as our digital lives get bigger everyday, and it is something to seriously think about.

UPDATE: If you’re still worried the new TOS would restrict the sale of second hand games, Shuhei Yoshida has a tweet for you

Source: Sony via CVG

57 Comments

  1. I think it says on most tablet and laptop apps these days that they can access your location even the camera an microphone.

  2. So does this mean you will be able to send voice messages on ps4? Or do they mean in game chat as well as text?

  3. I’m pretty sure there was similar stuff in the PS3 ToS, i think it may have cropped up sometime either after the PSN hack, or possibly when those PS3-hacking USB keys were being sold.

  4. Basically if you act like a bellend and send abusive text messages over PSN or voice chat they can suspend your service etc, if you post offensive UGC and someone complains about it they can take it down, check gameplay videos to corroborate, etc.

    The thing is, people have been complaining about the lack of reporting and grievance resolution particularly with MP games for years, with the buck always being passed from Developer to platform holder and back again. This is surely a part of solving that abyss. Also we’ve often told about how great the XBL compliance team is – how do you think they get their data to make their decisions from?

    • From MS Xbox Live terms of use:

      ‘You should not expect any level of privacy concerning your use of the live communication features (for example, voice chat, video and communications in live-hosted gameplay sessions) offered through the Xbox Live/Games for Windows-Live service. We may monitor these communications to the extent permitted by law.’

      Also remember that F2P games don’t require a PS+ subscription, so monitoring and data collection can’t just be included within those terms of use.

  5. Just like Xbox’s new TOS then

  6. Doesn’t bother me at all. Nothing to hide. I would like to know if it is for “protection” or advertising/profiting though.

  7. i think the default position these days is to assume somebody somewhere has access to anything you send online.

    most online services at least record the activity on their networks don’t they?

  8. Looks as if Sony are just covering their own backs with this policy. At least it seems more balanced than youtubes policy of just closing down channels without investigating the complaints made against them.

  9. nothing new here. Sort of expected this.

  10. Fine by me, I’d rather have a PSN without peados, groomers and homophobic twats.

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