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Microsoft's Xbox One has bigger problems than PR - The U.S. government

Seems like it's not just gamers who have a problem with the constant online connection, used game policies, and omnipresent Kinect of Microsoft's new Xbox One. Actually, it's just the former, but still.

Just three days after Microsoft showed off the Xbox One at E3, a pair of US Representatives filed a new act that may send Microsoft's new console for a loop. Rep. Mike Capuano (D-MA) and Rep. Walter Jones (R-NC) introduced the "We Are Watching You Act" to protect the privacy of consumers from DVR boxes and similar devices that include built-in cameras and microphones.

It seems like the act was in direct response to a patent application that Verizon had filed for a DVR with audio and monitoring capabilities, but due to the nature of Xbox One's Kinect's "always on" tech, the console is qualified for inclusion in the Act.

As a press release from Rep. Capuano's office describes, should the act go into legislation, Microsoft would be required to offer an opt-in for consumers, as well as an on-screen warning whenever the device is recording information about consumers.

"This may sound preposterous but it is neither a joke nor an exaggeration. These DVRs would essentially observe consumers as they watch television as a way to super-target ads. It is an incredible invasion of privacy. Given what we have recently learned about the access that the government has to the phone numbers we call, the emails we send and the websites we visit, it is important for consumers to decide for themselves whether they want this technology. Think about what you do in the privacy of your own home and then think about how you would feel sharing that information with your cable company, their advertisers and your government," stated Congressman Capuano.

"Allowing this type of technology to be installed in the homes of individuals without their consent would be an egregious invasion of privacy," said the bill's sponsor Congressman Jones. "When the government has an unfortunate history of secretly collecting private citizens' information from technology providers, we must ensure that safeguards are in place to protect Americans' rights.

The "We Are Watching You Act" would prohibit companies from marketing this kind of monitoring DVR (or Kinect sensor) without first offering consumers the chance to opt-in to the service. The DVR/Kinect operator must also "provide specific details on how collected information will be used and who will have access to the data." If you do chose to opt-in, when the device is recording it will display "WE ARE WATCHING YOU" in a font "large enough to be readable from a distance."

The act is officially known as Bill H.R. 2356. 

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