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Expose the ability to mange Telemetry settings on first-time use #8199

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2 tasks done
fauust opened this issue Oct 1, 2024 · 120 comments
Open
2 tasks done

Expose the ability to mange Telemetry settings on first-time use #8199

fauust opened this issue Oct 1, 2024 · 120 comments
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type: bug Something is causing incorrect behavior or errors

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@fauust
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fauust commented Oct 1, 2024

Checklist

  • I have used the search function to see if someone else has already submitted the same bug report.
  • I will describe the problem with as much detail as possible.

App version

8.0b1

Where did you get the app from?

Other

Android version

N/A

Device model

N/A

Steps to reproduce

Go to preferences -> data collection.

Expected behavior

Usage and technical data is unchecked by default

Actual behavior

Usage and technical data is checked by default

Logs

No response

@fauust fauust added type: bug Something is causing incorrect behavior or errors unconfirmed Newly reported issues awaiting triage or confirmation labels Oct 1, 2024
@kewisch
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kewisch commented Oct 1, 2024

Unfortunately we cannot make this type of data collection opt-in because the limited data from voluntary reports wouldn’t provide enough insights to make informed product decisions. Opt-in data would come from a small, biased subset, leading to flawed conclusions.

Knowing the Android ecosystem covers a vast range of hardware and form factors, we need to have a mechanism to make better decisions on how features are being used, and have information in which environments user might be having trouble.

In line with Mozilla’s data practices, the default data collected contains no personal information. This helps us understand how features are used and where issues may occur, while minimizing data points and retaining only what's necessary. When we decide on new probes, we actively consider if we really need the information, and if there are ways we could reduce the needed retention time or scope.

While I can't offer an opt-in at this time, I understand your concerns and genuinely appreciate that you're thinking critically about privacy. You might also be interested in a recent talk about our need for privacy respecting telemetry. https://blog.thunderbird.net/2024/08/thunderbird-goes-to-guadec-2024/


Please find these links for an update. We're looking to see if we can provide more choice to users while still being able to make informed product decisions.

@kewisch kewisch closed this as not planned Won't fix, can't repro, duplicate, stale Oct 1, 2024
@wmontwe wmontwe removed the unconfirmed Newly reported issues awaiting triage or confirmation label Oct 1, 2024
@DocSniper
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DocSniper commented Oct 3, 2024

Oh dear, what marketing nonsense.
Why don't you or Mozilla just announce what data they collect?

By the way, this is illegal under EU and EEA law without the user's prior consent1:

"Article 5, Paragraph 3 of the ePrivacy Regulation" refers to a specific section of the ePrivacy Regulation, formerly known as the "Telecoms Package." This regulation governs privacy and security of electronic communications.

Article 5, Paragraph 3 of the ePrivacy Regulation essentially states that:

"The processing of personal data necessary for the provision of electronic communications services may only be carried out with the explicit consent of the user, unless it is strictly necessary for other reasons."

This means that companies providing electronic communications services may only process their users' personal data if they have the explicit consent of the user. This rule aims to protect users' privacy and ensure that their data is only used with their permission.

The ePrivacy Regulation applies throughout the European Union (EU) and the European Economic Area (EEA). It is part of European data protection law and aims to protect the privacy and security of electronic communications within these regions.

Therefore, Article 5, Paragraph 3 of the ePrivacy Regulation applies in all EU and EEA member states, including Germany, France, Spain, Italy, Sweden, Norway, Iceland, and others.

You don't need to thank me for that, I'm happy to help publish what data is (currently) being transmitted2:

POST https://incoming.telemetry.mozilla.org/submit/net-thunderbird-android-beta/metrics/1/7b7bb07a-9637-4d4e-8855-00356e0da535 HTTP/2.0
user-agent: MozacFetch/130.0
date: Wed, 01 Oct 2024 08:06:18 GMT
content-type: application/json; charset=utf-8
x-telemetry-agent: Glean/60.4.0 (Kotlin on Android)
content-encoding: gzip
content-length: 439
accept-encoding: gzip

{
  "client_info": {
    "android_sdk_version": "34",
    "app_build": "4",
    "app_channel": "beta",
    "app_display_version": "8.0b1",
    "architecture": "arm64-v8a",
    "build_date": "1970-01-01T00:00:00+01:00",
    "client_id": "172fd2c3-53af-46ed-aaae-e0ef99c480f6",
    "device_manufacturer": "Google",
    "device_model": "Pixel 6a",
    "first_run_date": "2024-10-01+02:00",
    "locale": "de-DE",
    "os": "Android",
    "os_version": "14",
    "telemetry_sdk_build": "60.4.0"
  },
  "metrics": {
    "timing_distribution": {
      "glean.database.write_time": {
        "sum": 499000,
        "values": {
          "27554": 7,
          "30048": 1,
          "32768": 3,
          "35733": 0,
          "38967": 0,
          "42494": 1,
          "46340": 0,
          "50535": 0,
          "55108": 1,
          "60096": 1,
          "65536": 0
        }
      }
    }
  },
  "ping_info": {
    "end_time": "2024-10-01T10:06:18.352+02:00",
    "reason": "upgrade",
    "seq": 0,
    "start_time": "2024-10-01T10:06:18.345+02:00"
  }
}

Footnotes

  1. Regulation (EU) 2017/1128, Art. 5, para. 3. Available at: EUR-Lex - 32017R1128 - EN - EUR-Lex (Accessed on 2024-10-03)

  2. Thunderbird for Android: Telemetry data is collected at startup

@fauust
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fauust commented Oct 3, 2024

Thanks @DocSniper, also worth reading, uBlockOrigin/uBOL-home#197 (comment):

Our review found that your content violates the following Mozilla policy or
policies:

Consent, specifically Nonexistent: For add-ons that collect or transmit
user data, the user must be informed and provided with a clear and easy
way to control this data collection. The control mechanism must be shown
at first-run of the add-on. The control should contain a choice
accompanied by the data collection summary. Depending on the type of data
being collected, the choice to send cannot be enabled by default. If data
collection starts or changes in an add-on update, or the consent and
control is introduced in an update, it must be shown to all new and
upgrading users.

So, for Mozilla it's OK, for third party add-ons, it's not.

@DocSniper
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Also thanks @fauust, I read about this a few days ago and just shook my head, especially since @gorhill explained that he doesn't take any data home, but that Mozilla only thinks or claims that.

The statement that also makes me shake my head is:

"Unfortunately, we cannot make this type of data collection opt-in..." (see post 2)

Well, Mozilla doesn't really have a choice. For the EU and EEA regions, they MUST make opt-in; they have no choice at all, otherwise, they are violating EU laws. Of course, this doesn't just apply to Thunderbird; Mozilla has to change this for Firefox too.

It may be that in the USA this doesn't matter at all and there are few or no data protection laws, but in the EU, everyone MUST make opt-in to send data home.

@ip6li
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ip6li commented Oct 3, 2024

You may consider that violations of DSGVO may end up into a fine of up to 20mio.€ against your organization. See https://gdpr-info.eu/art-83-gdpr/ number (5)

@martkol
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martkol commented Oct 3, 2024

I think this will be the reason for some people not to install this application. Those who wouldn't be bothered by this are already using contaminated applications and have no interest in an alternative to the installed one.
Nevertheless, good luck.

@MyIgel
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MyIgel commented Oct 3, 2024

Imho this issue should be reopened and fixed asap @kewisch

@rzeta0
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rzeta0 commented Oct 3, 2024

Disgraceful. Mozilla is to be considered a malign entity.

@goshhhy
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goshhhy commented Oct 3, 2024

I think this will be the reason for some people not to install this application. Those who wouldn't be bothered by this are already using contaminated applications and have no interest in an alternative to the installed one. Nevertheless, good luck.

indeed - i personally have just uninstalled this from my phone in favor of FairEmail, since it only shares crash report information, and only on an opt-in basis.

i am frankly somewhat baffled about Mozilla's insistence on anti-features like this one when they claim to be a champion of privacy, especially when this feature as currently implemented would seem to go against Mozilla's privacy policy (or at least my own reading of it), in addition to the aforementioned issues.

@uniquePWD
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Oh dear, what marketing nonsense. Why don't you or Mozilla just announce what data they collect?

By the way, this is illegal under EU and EEA law without the user's prior consent1:

"Article 5, Paragraph 3 of the ePrivacy Regulation" refers to a specific section of the ePrivacy Regulation, formerly known as the "Telecoms Package." This regulation governs privacy and security of electronic communications.
Article 5, Paragraph 3 of the ePrivacy Regulation essentially states that:
"The processing of personal data necessary for the provision of electronic communications services may only be carried out with the explicit consent of the user, unless it is strictly necessary for other reasons."
This means that companies providing electronic communications services may only process their users' personal data if they have the explicit consent of the user. This rule aims to protect users' privacy and ensure that their data is only used with their permission.
The ePrivacy Regulation applies throughout the European Union (EU) and the European Economic Area (EEA). It is part of European data protection law and aims to protect the privacy and security of electronic communications within these regions.
Therefore, Article 5, Paragraph 3 of the ePrivacy Regulation applies in all EU and EEA member states, including Germany, France, Spain, Italy, Sweden, Norway, Iceland, and others.

You don't need to thank me for that, I'm happy to help publish what data is (currently) being transmitted2:

POST https://incoming.telemetry.mozilla.org/submit/net-thunderbird-android-beta/metrics/1/7b7bb07a-9637-4d4e-8855-00356e0da535 HTTP/2.0
user-agent: MozacFetch/130.0
date: Wed, 01 Oct 2024 08:06:18 GMT
content-type: application/json; charset=utf-8
x-telemetry-agent: Glean/60.4.0 (Kotlin on Android)
content-encoding: gzip
content-length: 439
accept-encoding: gzip

{
  "client_info": {
    "android_sdk_version": "34",
    "app_build": "4",
    "app_channel": "beta",
    "app_display_version": "8.0b1",
    "architecture": "arm64-v8a",
    "build_date": "1970-01-01T00:00:00+01:00",
    "client_id": "172fd2c3-53af-46ed-aaae-e0ef99c480f6",
    "device_manufacturer": "Google",
    "device_model": "Pixel 6a",
    "first_run_date": "2024-10-01+02:00",
    "locale": "de-DE",
    "os": "Android",
    "os_version": "14",
    "telemetry_sdk_build": "60.4.0"
  },
  "metrics": {
    "timing_distribution": {
      "glean.database.write_time": {
        "sum": 499000,
        "values": {
          "27554": 7,
          "30048": 1,
          "32768": 3,
          "35733": 0,
          "38967": 0,
          "42494": 1,
          "46340": 0,
          "50535": 0,
          "55108": 1,
          "60096": 1,
          "65536": 0
        }
      }
    }
  },
  "ping_info": {
    "end_time": "2024-10-01T10:06:18.352+02:00",
    "reason": "upgrade",
    "seq": 0,
    "start_time": "2024-10-01T10:06:18.345+02:00"
  }
}

Footnotes

1. Regulation (EU) 2017/1128, Art. 5, para. 3. Available at: [EUR-Lex - 32017R1128 - EN - EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32017R1128) (Accessed on 2024-10-03) [↩](#user-content-fnref-1-4c4cfbdd8312b6fa35f1d6eaabcec725)

2. [Thunderbird for Android: Telemetry data is collected at startup](https://www.kuketz-blog.de/thunderbird-fuer-android-telemetrie-daten-werden-bereits-beim-start-erfasst/) [↩](#user-content-fnref-2-4c4cfbdd8312b6fa35f1d6eaabcec725)

In real terms, don't users consent by installing the app in the first place?

For the likes of you and me, Telemetry is likely blocked at the network level. I feel like people are arguing for sane defaults, but then want the defaults that only serve them. We have data to show that telemetry doesn't work well when it's opt in and it works extremely well when it's opt out because most people don't care. In turn, that data enables companies the ability to make more informed choices and better products. If you don't trust Mozilla to process that data in good faith, you shouldn't use Mozilla products. As per EU law, you're perfectly able to access the data, request it and even delete it.

To be more explicit, the upside of telemetry is that it provides data to support decisions, like supporting older and slower devices.

Now if you're asking for guarantees that the telemetry won't be made available for advertising insights, that's a whole other matter and I believe everyone would support that.

But this idea that Mozilla should cripple themselves in terms of development insights to appease a vocal minority who can easily opt out is assinine. Even sports players use analytics. Imagine getting in a plane and your pilot paints over their windows while all the other plane pilots use their windows and systems. People keep asking Mozilla to fight with both arms tied behind their backs while blindfolded and under the effect of a sedative. It's actually ridiculous at this point.

@nclm
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nclm commented Oct 4, 2024

Instead of opt-out hidden in preferences, and as an alternative to opt-in, could this be added as a first-time set-up option? Ask people on their very first launch if they want or not to share this information, ideally with a small description of the information shared, as part of the set-up screens where you connect your email account, give permission to the app for contacts and notifications, etc.

@bohwaz
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bohwaz commented Oct 4, 2024

@uniquePWD

If Mozilla adopts the same bad behaviour as Google, why would anyone use Mozilla products?

As for EU law, you don't know what you are talking about. GDPR requires informed consent, meaning installing an app is not enough, you have to ask explicitly for users consent.

@aeris
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aeris commented Oct 4, 2024

We have data to show that telemetry doesn't work well when it's opt in and it works extremely well when it's opt out because most people don't care

That's exactly why consent exist, dude… Because people DON'T WANT such feature!!!!
It's not they don't care telemetry, it's about they DON'T SEE the telemetry behind hidden opt-out…
Show them opt-out telemetry, I bet you got the same result as opt-in…

@marek22k
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marek22k commented Oct 4, 2024

Mhh, somehow it used to work without spying on users - and it still does with many great FLOSS apps today.

@DocSniper
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DocSniper commented Oct 4, 2024

@uniquePWD , you are welcome to argue and think whatever you like, but reading the laws would make more sense, and we would have to deal with less unnecessary discussion here.

As @bohwaz and @aeris have already stated very briefly and well, opt-in is required by law in the EU for telemetry data, period.

And here in detail, so you don't have to search any further... by the way, you're welcome:

Explanation regarding the necessity of informed consent and opt-in based on EU legislation:

1. General Data Protection Regulation (GDPR):

  • Article 4: Defines "personal data" as any information relating to an identified or identifiable natural person.
  • Article 6: Establishes the legal bases for processing personal data. One of the legal bases is the consent of the data subject (Article 6(1)(a)).
  • Article 7: Specifies the requirements for consent. Consent must be freely given, specific, informed, and unambiguous. It must be provided in a clear and accessible form, using clear and plain language.
  • Article 13 and 14: Oblige the controller to inform the data subject about the processing of their data, including the nature of the data, the purposes of the processing, and the rights of the data subject.

2. ePrivacy Regulation:

  • Article 5: Regulates the processing of telemetry data and other electronic communication data. It requires the consent of the user for the processing of such data, unless the processing is strictly necessary for the provision of an electronic communication service.
  • Article 7: Generally requires an active consent (opt-in) of the user before telemetry data or other electronic communication data are processed.

Summary:

  • GDPR: Consent (informed consent) is required when the processing of personal data is based on the consent of the data subject (Article 6(1)(a)). Consent must be freely given, specific, informed, and unambiguous (Article 7).
  • ePrivacy Regulation: Requires an active consent (opt-in) of the user for the processing of telemetry data and other electronic communication data, unless the processing is strictly necessary for the provision of an electronic communication service (Article 7).

Since the data in the given example are personal data and no other legal basis for processing is specified, informed consent (opt-in) is required under the GDPR and the ePrivacy Regulation.

And don't tell me that telemetry data wouldn't be personal data. At least in the EU, they are.

The data mentioned in the given example (see my post above) are considered personal data under the General Data Protection Regulation (GDPR) because they are capable of identifying a natural person directly or indirectly. Here is a detailed explanation of why these data are considered personal data:

1. Client-ID:

  • UUID (172fd2c3-53af-46ed-aaae-e0ef99c480f6): This unique identifier is specific to a particular client and can be used directly to identify a person, especially when combined with other data.

2. Device Information:

  • device_manufacturer, device_model, os, os_version, architecture, android_sdk_version: These pieces of information, when combined, can identify a person. For example, the combination of device manufacturer, model, and operating system version could uniquely identify a specific individual.

3. Timestamps:

  • first_run_date, build_date, start_time, end_time: These timestamps can be used to track the usage patterns of a specific individual, especially when combined with other data.

4. Localization:

  • locale (de-DE): The locale setting can be used to infer the geographical location and language preferences of a user, which can be used to identify a person when combined with other data.

Why These Data Are Personal Data:

  • GDPR Definition: According to Article 4 of the GDPR, personal data is defined as any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
  • Identifiability: The data mentioned in the example can be used to identify a person either directly (e.g., through a unique identifier like the Client-ID) or indirectly (e.g., through the combination of device information, timestamps, and locale).
  • Combination of Data: When these data points are combined, they can provide a comprehensive profile of a user, making it possible to identify that individual.

@Schoumi
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Schoumi commented Oct 4, 2024

And https://blog.mozilla.org/en/mozilla/improving-online-advertising/ clearly doesn't make me feel confortable that mozilla will respect users privacy with telemetry when they cleary steps in advertisement industry, even if they claimed their goal (not their result) is to respect individuals rights.

The very first step to respect users individuals rights is to respect the rights to choose not to report any data to mozilla if they don't want to.

You want insight to improve your product, you're not an app with only 200 people using it, you make a survey, you make a place where people can propose feature and you'll have insight from people because you have thousands of users, you make a place where people can easily reports bugs,... I think you already have most of this so you don't need to force telemetry over people and as people said before you need consent to collect data!

@joepie91
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joepie91 commented Oct 4, 2024

unless the processing is strictly necessary for the provision of an electronic communication service

To prevent any confusion ahead of time: "strictly necessary" does not mean "because it lets us make better decisions". It means "the requested service literally cannot be provided otherwise", which is clearly not the case here, especially given the history of the project. Read it as "when strictly necessary from the perspective of the user".

In short, the reason stated here is not a valid justification for non-consensual telemetry collection.

@kamazeuci
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Ok.I was planning on trying the new thunderbird for android but I'll just stick with FairEmail, which works great and respects your privacy.

@tobozo
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tobozo commented Oct 4, 2024

shouldn't this post discuss how anonymized the collected data is instead of assuming there is a privacy violation?

concerns should be directed to IP address retention on the telemetry server, who can see that data, or what does that client_id telemetry data field represent

I may be wrong, but apart from that client_id field, the collected data sample does not appear to contain any PII (Personally Identifiable Information) data, so unless the telemetry servers correlate PII data with that collected data, it's non-PII, and no consent is required

similar discussion: Mandatory telemetry does not break GDPR rules when the collected data is anonymous

conclusion that sucks: if that collected data is truly anonymized then most GDPR claims in this thread are invalid and we can condiser ourselves happy that there is an opt-out option in the first place

@aeris
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aeris commented Oct 4, 2024

shouldn't this post discuss how anonymized the collected data is instead of assuming there is a privacy violation?

Anonymization is usually not possible for telemetry. By design you collect too much information to be able to consider data as anonymous.

Typically, vscode collect installed plugins. It's enough to desanonymize a user if the subset of installed plugins is unique.
On the above example, we see client-id, which is not anonymous by design. Correlating device model, locale & OS version could re-identify the user.
The IP address is in all cases sent to Mozilla, which is by itself a PII and can't be anonymized (TCP/IP connection), given in this case you transmit PII to a US entity and so hardly hit Schrems II CJEU case, strictly forbidden such international transfer. Even anomyzing after the telemetry technical data sending, with IP truncation server side, is too late (see CNIL decision against Google Analytics & Google Fonts).

Truly anonymous data is very hard to achieve and not possible in practice. Even "anonymized" data are in fact only pseudonymized and are still GDPR concerned.
True anonymization supposed to be robust to individualization (not being able to isolate a single people from the mass), correlation (not being able to link 2 data set on a unique people) and inference (generating more data from 2 datasets of the same people). And it's quite hard to do in practice (yes, date/gender/city is a PII with 78% to 90% of reidentification)

@margaretjoanmiller
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Great job pushing away your core user base

@DocSniper
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DocSniper commented Oct 4, 2024

... if that collected data is truly anonymized then most GDPR claims in this thread are invalid and we can condiser ourselves happy that there is an opt-out option in the first place

As I mentioned in one of my posts above, the data that Mozilla currently transmits to its servers constitutes personal data, at least under EU law. This is particularly relevant given the potential for fingerprinting, which can uniquely identify individuals even when certain data points appear anonymous.

One could imagine a slightly more anonymized version of the data that Mozilla currently collects:

  • Client-ID: random_id_1234567890
  • Timestamps:
    • first_run_date: "First Run in Month X"
    • build_date: "Build in Quarter Y"
    • start_time: "Start Time in Interval X"
    • end_time: "End Time in Interval Y"
  • Localization: "Language X"

As @aeris already wrote, the question is whether this is already anonymous enough to prevent any inferences to persons or fingerprinting and whether it would comply with EU laws.
Another question is whether Mozilla would even want to have this data in this or any other anonymized form (as it likely wouldn't be sufficient for whatever they want to track 😉).

Let's get down to brass tacks:
"Thus, I hereby request Mozilla to inform us all about the legal basis under EU law, specifically under Article 61 of the GDPR, on which you collect and process the data that you currently transmit. Additionally, please provide information on how you ensure compliance with Article 5(2)2 of the GDPR, which stipulates that the data controller shall be responsible for, and be able to demonstrate, compliance with the principles of data protection."

Footnotes

  1. GDPR - Article 6. Lawfulness of processing

  2. GDPR - Article 5. Principles relating to processing of personal data

@Neinei0k
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Neinei0k commented Oct 4, 2024

Unfortunately we cannot make this type of data collection opt-in because the limited data from voluntary reports wouldn’t provide enough insights to make informed product decisions. Opt-in data would come from a small, biased subset, leading to flawed conclusions.

This is not an excuse. There are plenty of great software that do not do ANY data collection.

Knowing the Android ecosystem covers a vast range of hardware and form factors, we need to have a mechanism to make better decisions on how features are being used, and have information in which environments user might be having trouble.

If a user is having trouble, ask them to send a report. So they would have a choice.

In line with Mozilla’s data practices, the default data collected contains no personal information. This helps us understand how features are used and where issues may occur, while minimizing data points and retaining only what's necessary. When we decide on new probes, we actively consider if we really need the information, and if there are ways we could reduce the needed retention time or scope.

Really? How am I supposed to believe this? Your excuses are not convincing. Real privacy respecting software do not send any telemetry without user knowledge. Thanks to you I'm not absolutely convinced that Mozilla does not respect privacy, and their talk about privacy is nothing but marketing garbage.

While I can't offer an opt-in at this time, I understand your concerns and genuinely appreciate that you're thinking critically about privacy. You might also be interested in a recent talk about our need for privacy respecting telemetry. https://blog.thunderbird.net/2024/08/thunderbird-goes-to-guadec-2024/

If user does not specifically choose to send data, this is not privacy respecting.

@uniquePWD
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This is not an excuse. There are plenty of great software that do not do ANY data collection.

Name them please, I'm curious.

@aeris
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aeris commented Oct 4, 2024

In all cases, it wouldn't be relevant. Even if others software do crappy things (and there is really too many) don't mean you can do crappy things too.
Those telemetry are clearly GDPR violation because telemetry MUST be under strict constent (and so, opt-in) and so such software are not usable on EU, and worse if using US system, which are forbidden in EU (Schrems I & II & future III)

@marek22k
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marek22k commented Oct 4, 2024

This is not an excuse. There are plenty of great software that do not do ANY data collection.

Name them please, I'm curious.

  • Termux
  • Tusky
  • NewPipe
  • FairMail
  • Conversations
  • KeePassDX
  • Binary Eye
  • UnCiv
  • WG Tunnel
  • Syncthing

NewPipe does not send any user data and errors can optionally be sent via e-mail, Syncthing asks when the web interface is started for the first time and UnCiv gives you a base64 error code, which you can send to the developers yourself via GitHub.

  • Debian

In the Debian installation process you will also be asked if you want to tell the developers which package you are using. This is actually set to "No" by default.

@rosa2
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rosa2 commented Nov 8, 2024

thanks @sirtao for your clarification.
for me, not only lawyers have to be in the decision, but i think that also communication.
why not to explain well in a clear manner, that telemetry helps to make better product? until this issue, i was letting telemetry.
also transparency to know exactly what data is stored and who has access to it.
i would then advice my students to say yes :)

@aeris
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aeris commented Nov 8, 2024

@sirtao

The spirit of the law is not "Thou Shall Not Collect People's Data" is "Do Not Trick People In Giving Up Their Data".

GDPR Article 5
(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes ('purpose limitation');
(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed ('data minimisation');

So not only thou shall not collect people's data is the spirit of the law, but it's just a clear written statement on the legal text and one of the most important

Do Not Trick People In Giving Up Their Data is just the 5(a)
(a) processed lawfully, fairly and in a transparent manner in relation to the data subject ('lawfulness, fairness and transparency');

@aeris
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aeris commented Nov 8, 2024

I am looking for an alternative making it lawful outside making telemetry opt-in as apparently too few people activate it

I guess you can just stop to look for such thing.
Telemetry is information society services and per se covered by 21(5) and ePrivacy as stated above, and so required at least specific and explicit information at the time of first usage, and at least opt-out option at this point. improving software is explicitly rejected by EDPB guideline as explicit and specific, and fail the legitimate interest triple-test in most cases if not all.

So you are just looking for squaring the circle…

@sirtao
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sirtao commented Nov 9, 2024

@aeris

improving software is explicitly rejected by EDPB guideline as explicit and specific

Thank you, I missed that point in the guideline.

Then there is absolutely no way to implement this outside making it opt-in.
Case closed.

(On a side note I completely disagree on your interpretation of 5(b) and 5(c) but I'll stop here because the discussion is no longer relevant)

@DocSniper
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DocSniper commented Nov 9, 2024

@sirtao

Perhaps this will help you to better understand what “legitimate interest” means:12

[...]

In principle, software providers have a variety of legitimate interests for processing telemetry data.

However, the mere existence of legitimate interests is not sufficient to legitimise the processing of personal data. It is imperative that the processing is necessary to safeguard the interests pursued and that the interests of the software providers outweigh the interests of the data subjects. The interests of the software providers are in fact offset by the fundamental rights of users to respect their private lives and the protection of personal data pursuant to Art. 7 and Art. 8 of the EU Charter of Fundamental Rights.

[...]

Footnotes

  1. English: Lawful processing of telemetry data

  2. German original: Rechtmäßige Verarbeitung von Telemetriedaten

@kewisch
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kewisch commented Nov 15, 2024

Hi folks, we’re back with some updates. It took us a while longer, as we were focused on getting the release out of the door. If you haven’t had a chance to try it out please see https://f-droid.org/packages/net.thunderbird.android or https://play.google.com/store/apps/details?id=net.thunderbird.android (we turned telemetry off in both, don’t worry).

We’ve gone through a few different iterations in both design and wording and we’d like to present a few for feedback. As a reminder, we need to be able to make sound product decisions based on the data we receive, which can be difficult if that data is not representative of our users. On the other hand, we’d like to give users the opportunity to make a choice.

As you might expect, we do not want to send telemetry information before the user makes a choice. We would however like to find out if it is possible to get a simple measure on how many people decided for and against without breaking consent. This helps us understand how much we can rely on the information we are receiving.

I will post these as separate comments so you can express your thoughts through emojis if you prefer.

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kewisch commented Nov 15, 2024

Option A: Provide Examples, Clearly Indicate Effects of not Accepting

This option includes a few specific examples of the data we might collect, along with potential effects if users choose not to accept. While the message may feel slightly cautionary, we believe users may be more inclined to opt in, leading to more representative data. Without representative data, we won’t be able to make sound decisions.

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kewisch commented Nov 15, 2024

Option B: Provide Examples, Indicate Importance of Accepting

This option focuses on the positive, sharing examples of data we might collect and the ways this information helps us improve Thunderbird. We think this approach is well-suited to highlight the value of opting in.

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kewisch commented Nov 15, 2024

Option C: Checkbox Decision

Instead of buttons, this option uses a checkbox for users to indicate their choice. No matter the default value of the checkbox, users can make a clear decision on their choice. We could use either the text from Option A or Option B with this setup.

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kewisch commented Nov 15, 2024

What do you think?

Please note, this has not yet been reviewed by legal counsel; we wanted to gauge feedback within this group first. While we understand many of you are familiar with GDPR and related regulations, we’d like to prioritize the overall direction of the approach before getting into specific language. We’ll fine-tune the wording with legal input afterwards.

The “Learn More” link will direct users to a revised Thunderbird Android Telemetry page. Let us know what additional information you’d find helpful here.

I’m looking forward to learning how you perceive these options and appreciate the opportunity for a constructive discussion.

@uniquePWD
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I prefer Option B, but Option A is probably the most paletable.

@aeris
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aeris commented Nov 15, 2024

B seems better for me, less guilt-induicing and so more free consent.
A trouble on the "no PII like email" wording, can mislead to think there is no PII transmitted at all but there is.
Perhaps missing an explanation on how to switch on/off telemetry later directly in the app.

For the telemetry page, seems missing all legal information about right to access, right to erasure, DPO contact, etc.
On Mozilla part, the information is way too far from the first page, have to go to privacy notice, then Mozilla privacy notice, then EU Mozilla privacy notice. It must be directly at first page.

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kewisch commented Nov 15, 2024

The learn more link points to https://support.mozilla.org/kb/thunderbird-android-telemetry which (once implemented) will also contain specific steps on how to disable/enable telemetry. We removed those steps to not mislead, because the options currently do not exist in Thunderbird for Android.

We'll certainly confirm with our legal counsel if they also consider the data we send PII and if that wording needs adjustment. We certainly have no interest in personal information, and would like to make this clear in some way.

For the privacy policy, we have a direct link "Thunderbird Privacy" on thunderbird.net, which is also included in the above support link. We'll be updating the policy again to match the new approach. I can't speak for Mozilla's broader approach.

@kewisch kewisch removed the status: needs design Issues requiring design decisions or inputs label Nov 15, 2024
@foss-
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foss- commented Nov 15, 2024

Variant C, although commonly used, seems to fall under dark patterns and comes with a range of issues.

Due to the pre-selection of the data-sharing option and the additional steps required to opt-out compared to just tapping "Continue" for opt-in the selection is not equally weighed. Also Continue is problematic: users may tap it because they don't want to be bothered with long dialogs and continue to the client in order to do what they initially intended when opening Thunderbird. If option C is used, which I hope it won't due to lacking compliance with GDPR, I hope it would see some adjustments.

Besides all that, there are software projects which manage to produce great software without telemetry. Just wanted to add this, as some statements sound as if that would technically not be possible, which is false (VLC, Iina, KeePassXC, LibreOffice, GPG Suite ...).

@aeris
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aeris commented Nov 15, 2024

our legal counsel if they also consider the data we send PII and if that wording needs adjustment.

Many legal counsel failed on this simple question and lost a lot in front of a DPA 🤣

@jplatte
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jplatte commented Nov 15, 2024

My 2c about some text bits (from Option B):

Thunderbird sends usage information [...]

should be "Thunderbird would like to send usage information", "Thunderbird can send usage information" or sth., right? Afterall, whether it actually does depends on which button the user clicks.

features to remove or improve

Feels more positive to write "features to improve or remove" (hopefully the former would be much more common? 😄).

to help free the inbox

You wanna do what with my inbox? 😜
Is this borrowing from the "free the web" marketing for Firefox? I don't think it will be understood by most users.

@sirtao
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sirtao commented Nov 18, 2024

I prefer Option C, but who thought of using such a passive-aggressive form as "Without this data we might remove things you like"?
(this also applies to Option A)

It doesn't matter it is true(though you might want to write very good pages explaining WHY that could happen), but it really
feels like blackmail.
Yes, it's a non-logical emotional reaction. It's still going to affect the perception negatively.

Spin it around to be "With this data we can know better on what to focus" instead.
Perhaps with the premise of Thunderbird Beta being specifically a development version?

And put the "Learn More" before the checkbox, the same font-size as the rest of the message: that way it feels less it's "hidden".
Also rewrite it to be more friendly to the user.
Something like "Here more details feel free to check them out before making the decision".

This would give the users the impression you actually care they knows what's they are accepting o refusing, and are not hiding what you are collecting\doing behind legal-speak or whatnot.
Especially because your page about android telemetry is pretty nice, though you might want to add a paragraph about third-party data sharing on it directly instead of keeping it on the generic privacy page.
Because third-party sharing is the most disliked part of the whole telemetry thing, as too many bad faith actors just abuse it.

Oh, and in the pop-up inform the user they can stop telemetry at any time and request their data being deleted, if that's appliable.

As of the dark patterns as warned by @foss- : I am no expert, but they might be fixed by labeling clarely the checkbox as (optional)?
THIS IS IMPORTANT: the checkbox MUST be unckecked by default.
Seriously, that's ultra-basic. Honestly "No matter the default value of the checkbox" should have never even got close to your keyboard.

@aeris
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aeris commented Nov 18, 2024

As of the dark patterns as warned by @foss- : I am no expert, but they might be fixed by labeling clarely the checkbox as (optional)?
THIS IS IMPORTANT: the checkbox MUST be unckecked by default.
Seriously, that's ultra-basic. Honestly "No matter the default value of the checkbox" should have never even got close to your keyboard.

It depends of the legal basis. If Thunderbird think it could be under legitimate interest (6(1)f), it could be opt-out. If it's consent (6(1)a), it must be opt-in. IMO it must be consent (necessary and proportionate step for the IL triple test may be difficult to pass) and so opt-in, but perhaps Thunderbird can proof IL is possible (and so opt-out)

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sirtao commented Nov 18, 2024

@aeris in that case I think legitimate interest might be applied to the Beta version, but for sure not to the Stable.
And we are talking about warning the users in both, right?

I also believe it's better to avoid opt-out checkboxes regardless: they only result in distract people accepting or people unckecing them out of principle\automatically because too many bad actors abuse them.

Opt-In is the only way forward.

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kewisch commented Nov 19, 2024

I think we should avoid having the discussion of what is legally required here—even if you are right, we'd need to confirm with legal anyway before making a choice. Options A and B are more in opt-in territory, whereas option C can be either opt-in or opt-out depending on the checkbox value. If you have a preference there you can vote accordingly.

For those of you arguing Option C should be unchecked by default, the equal weight can go both ways. If it is disabled by default, there is also not an equal weight. Remember please, it serves Thunderbird and users best if we make the data as representative as possible, not to make it less likely for people to decide in favor.

to help free the inbox
You wanna do what with my inbox? 😜
Is this borrowing from the "free the web" marketing for Firefox? I don't think it will be understood by most users.

To be fair, the description of the app includes "Free Your Inbox" (this should have actually been your, I wrongly changed that to the last minute), so for someone who just installed it might not be too far away. https://play.google.com/store/apps/details?id=net.thunderbird.android :) I acknowledge your point though, it may seem awkward if that detail is lost.

I prefer Option C, but who thought of using such a passive-aggressive form as "Without this data we might remove things you like"?
(this also applies to Option A)
Spin it around to be "With this data we can know better on what to focus" instead.

Version B's wording focuses more on the positive, so it sounds like that text might be appealing to you? We want to be realistic, if we simply use a variant of "this data is used to improve our product" and phrase it too positively, then we're not setting the right expectations. There is a lot of code that needs updating in Thunderbird for Android, at times it may make more sense to remove a feature rather than to rewrite and continue maintaining it. Knowing how many people use the feature in different ways helps to make that decision.

side note - there are real people who thought of these things, and we are genuinely trying to find a good path here. You may not agree or question how it came to be, but no need to be...passive aggressive about it 😉 (re "should have never even got close to your keyboard" and "who thought of using...")

Perhaps with the premise of Thunderbird Beta being specifically a development version?

The prompt would be both in Beta and Release. If we were to focus just on the beta population, we'd be catering to a group that is maybe more proficient in testing software and may have different preferences than a general user.

And put the "Learn More" before the checkbox, the same font-size as the rest of the message: that way it feels less it's "hidden".
Also rewrite it to be more friendly to the user.
Something like "Here more details feel free to check them out before making the decision".

Personally I would perceive instructions to read a link before I make a decision as if there is something hiding even more so. To explain the though process: We were aiming for an onion approach, because explaining data choices can be overwhelming given the amount of text necessary accurately describe it in detail.

Folks may start with the summary you see in the screenshots. If that is not enough for them to make a decision, they will be eager to learn more and find a way to do that. If even that is not enough, they'll be willing to head to the privacy policy and other links from there. This way each level of interest has a way to proceed without overloading information. We can certainly consider some tweaks on the text and placement though, I appreciate the suggestion!

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kewisch commented Nov 19, 2024

I have a small favor to ask: I don't see a lot of emojis on the options, though there were a lot of reactions to the initial posts. I'd appreciate if folks could take a moment to look at the three options and decide which ones they like or dislike. It only takes a few minutes!

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sirtao commented Nov 20, 2024

Version` B's wording focuses more on the positive, so it sounds like that text might be appealing to you?

Yes, that's better, though I still think it's better to avoid suggesting potential removal of functions, at least in the pop-up.
Leave that, with adeguate explanation(your own successive words, for example, do a good enough job), in the linked page.

Basically the structure should be limited to 4 paragraphs:

  1. We are asking you to share some technical data: it's to know how to better focus development.
    Stuff like number of accounts, their types, what settings and features you use, etc.
  2. No, we are not taking any of your private data like email addresses, contents of your mails and servers addresses.
  3. Here a link with more explanations if you are interested.
  4. Accept-Refuse\checkbox or whatever

...i'd say "of course worded better" but I'm thinking it's pretty much fine like this: it's simple, straight to the point, neutral and actually tells everything a User would need to know, with a useful, not hidden link to more information before the choosing part which is written in a way it doesn't implies it's deep technical stuff... which is not, because your page is pretty well written without being too technical and with links to the actually technical docs.
As you said: onions.

Being very concise should also help with translations.

Also: I refuse the notion I'm in any way passive aggressive! I'm full-on aggressive, thankyouverymuch!

The prompt would be both in Beta and Release. If we were to focus just on the beta population, we'd be catering to a group that is maybe more proficient in testing software and may have different preferences than a general user.

Yeah, I thought so.
Still, evaluate different style: as you said the Beta users are more likely to be somehow techsavvy and might react differently.

Personally I would perceive instructions to read a link before I make a decision as if there is something hiding even more so.

I see we perceive things differently, this is good :)
In fact, I utterly fail to see how "more info given before the choice" would feel hiding more(and I guess you must have problems at seeing it my way), but a lot of this stuff is not based on logic :(

@kewisch
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kewisch commented Nov 22, 2024

Also: I refuse the notion I'm in any way passive aggressive! I'm full-on aggressive, thankyouverymuch!

At least you see it clearly ;-)

Personally I would perceive instructions to read a link before I make a decision as if there is something hiding even more so.

I see we perceive things differently, this is good :) In fact, I utterly fail to see how "more info given before the choice" would feel hiding more(and I guess you must have problems at seeing it my way), but a lot of this stuff is not based on logic :(

If a site tells me "read this before you accept" and I don't actually care to read it, then I will assume later someone will tell me "but we specifically instructed you to read this before you accept, so you must have known we did shady-thing". So I will go on and read the thing if I want to or not. It is certainly all perception, your approach is valid as well.

@lee-b
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lee-b commented Dec 8, 2024

Unfortunately we cannot make this type of data collection opt-in because the limited data from voluntary reports wouldn’t provide enough insights to make informed product decisions.

This is the whole point. You have no right to be using such data to make decisions, without user consent.

@lee-b
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lee-b commented Dec 8, 2024

Please note, this has not yet been reviewed by legal counsel; we wanted to gauge feedback within this group first.

First, you need to STOP doing legally and morally questionable things. THEN, you can figure out what's legally and morally OK.

@rosa2
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rosa2 commented Dec 8, 2024

I have a small favor to ask: I don't see a lot of emojis on the options, though there were a lot of reactions to the initial posts. I'd appreciate if folks could take a moment to look at the three options and decide which ones they like or dislike. It only takes a few minutes!

could you put them in three different issues so it is clear the vote, please?
i think it would be the easiest.

@lee-b
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lee-b commented Dec 8, 2024

Option C is the best of those presented, but is still misleading because metadata can be aggregated to reveal personal information in ways that you are hiding. None of this data collection is necessary. Presenting the option is not necessary. Including the code to do this is not necessary.

Option A: this is vague about what the problems are, and there should not BE any problems. The software should function without requiring privacy compromising telemetry (including metadata about how many accounts someone sets up, or when they set them up, for example). One simply needs to inform users in the changelog if one removes features, so that users can decide whether to continue or seek out an alternative; that's the traditional approach, and doesn't require invading privacy. One can also request that users fill in surveys now and then, which doesn't require frequent, automated, behind-the-scenes data collection.

Option B: Virtually identical to option A, useless for the same reasons. The "focus on the positive" idea also goes against the very concept of users consenting to negative things like data collection about their use of their personal devices/software.

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sirtao commented Dec 10, 2024

The software should function without requiring privacy compromising telemetry

It does. The telemetry is optional and doesn't impact on functionality.

It's strictly for future development and bug hunting, and ASKING for optional telemetry is perfectly legit... as long it's done correctly, which is the current point of discussion.

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