back to article Whisper. Explain this 'questionable' behavior – senior US senator

US Senator Jay Rockefeller has sent a terse letter [PDF] to the CEO of "anonymous" messaging app Whisper about its privacy policies. Referring to "questionable" behavior revealed last week, the letter requests a briefing from the company on four issues, each revolving around the fact that Whisper tracks users of its app even …

  1. Cipher
    FAIL

    Heyward

    You've been caught out in some unethical and likely illegal activity.

    This story isn't going away, admit it, change it now while you still have a profit center...

    1. Anonymous Coward
      Anonymous Coward

      Re: Heyward

      I think they'll struggle to save much more than an office chair out of this self-created mess.

    2. Anonymous Coward
      Anonymous Coward

      Re: Heyward

      The only reason they were "caught out" was due to the fact - exclusively IMHO - that Whisper stated that they were tracking a lobbyist.

      This display of "concern" educates us on a modus operandi for future defense of privacy: forget complaints, petitions and public outcry, simply violate the privacy of the elite. You'll get results, fast.

      1. 101

        Re: Heyward

        Mr. Heyward seems like a lesser copy of Mr. Zuckerberg, kind of a likeable, innocent nerd guy who stumbles into piles of privacy doo-doo, over and over again. I suppose it really is just a coincidence.

    3. Tom 13

      Re: Heyward

      Well, that all depends on what the meaning of "is" is. So far the alleged lobbyist is still anonymous in as much as none of us know his/her name, what issues he/she lobbies on, and/or who he/she lobbies. And even with in the Whisper it is entirely possible he's only know as Lobbyist 1138 or some such.

      The sad fact of the matter is that Ellison largely got it right: none us have any privacy anymore, only the illusion of it. What privacy we have is mostly in that we never rise far enough above the noise to become a signal worth watching.

  2. Anonymous Coward
    Anonymous Coward

    Imagine that, a total stranger saying "trust me, tell me all your secrets" and people actually believing that in 2014 after all we've seen and heard....that was suppose to be secret. Guess the saying " one born every minute" still applies.

    1. VinceH

      I think it's related to the head-in-sand phenomenon, whereby people ignore such issues as irrelevant - and therefore don't learn from them or take any precautions as a result - until they themselves are directly affected in a detrimental way.

      1. Graham Marsden
        Thumb Up

        @VinceH

        Ah, the hypocrisy!

        Those who have trotted out the "I have nothing to hide" nonsense and were quite content to allow other's privacy to be violated now find out that they *do* have something to hide after all...

  3. Anonymous Coward
    Anonymous Coward

    "... a new and quickly evolving area like online anonymity."

    'Quickly dissolving' strikes me as nearer the mark; we never had it in reality, but between them the unaccountable bits of government and the snake-oil salemen are fast giving any lingering illusions an acid bath.

    1. Irony Deficient

      we never had [online anonymity] in reality

      Anonymous Coward, if that be the case, then why do you choose to comment as an Anonymous Coward?

  4. Neoc

    "Whisper's editor-in-chief Neetzan Zimmermann and its CTO Chad DePue aggressively denied the allegations – but failed to provide any evidence they weren't true"

    I personally think they're crooked; but, in their defence, it is near-impossible to prove a negative.

    1. Anonymous Coward
      Anonymous Coward

      @Neoc

      Re: "...it is near-impossible to prove a negative."

      Whilst technically correct, they could provide comprehensive evidence of the measures they have taken. They could even publish them, since security by obscurity is not exactly bulletproof.

      Your argument would make it impossible for any safety critical system to be certified for use (since you can't prove it has no design flaws).

      1. Tom 13

        Re: impossible for any safety critical system to be certified for use

        You'll find that safety critical systems are only required to be certified to some standard which addresses known issues, precisely because of Neoc's point. When a new issue becomes known the standard is updated. In the US this is usually accompanied by a flurry of lawyers asserting that the companies making the products and the certifying agency should have known about the previously unknown issue and therefore each and every one of their million plus clients are do millions in damages. Granted it has been quite a few years since I've interacted in any way with any of these groups, but I don't imagine that has changed.

  5. zen1

    I dunno

    Just about every software developer I know of has an internal focus group & change management system for any and all publicly consumed applications, so unforeseen features and bugs are mitigated. So, for the CEO to say that it all boiled down to the misdoings of one employee is absurd, if not out right comical. That being said, if the programming types implemented such a mechanism, to target and track specific users & IP's AND a mid to high level manager jokes about it, that ability has to be relatively common knowledge within the walls of that company.

    His ass and his senior management should be fired immediately and charged with fraud and/or wire tapping. Reason being, they originally billed the product as anonymous, and once they get their fingers caught in the cookie jar, they start back peddling about there being multiple levels of anonymity.

    1. Captain DaFt

      Re: I dunno

      "So, for the CEO to say that it all boiled down to the misdoings of one employee is absurd, if not out right comical."

      What? You don't believe him?

      None of this would have ever come to light if that one employee had kept his mouth shut!

    2. Anonymous Coward
      Anonymous Coward

      Re: I dunno

      So was the 'rogue' the guy in charge of editorial? Or the one that covertly hired 200 people in the Philippines and no one noticed? Or it seemed just about anyone else in the building that the Guardian talked to.

      This must be the worlds smallest and most unfeasible fig leaf.

  6. Shadow Systems

    I bet the "tracked & never know it" guy heard the story.

    Who wants to bet the guy they claimed to track for the rest of his life, notified his buddies at the Department of Homeland Security, said the magic words "Investigate Them", and now we've got a high powered politician on the case... whom Whisper can't ignore, because said politician has both the balls & the power to Make An Example of their asses if they don't give some *damn* good answers to any & *every* question he asks them?

    I mean, tracking Civilians is bad enough, but to have just openly admitted to Unauthorized Surveilence of a Government Employee? Oh yeah, I'll put my money on Whisper going down in flames like a Scientologist Actor's career...

    1. Tom 13

      Re: I bet the "tracked & never know it" guy heard the story.

      Right theory, probably the wrong office. I'd bet said lobbyist is one of Jay's biggest contributors, hence his immediate letter about the issue.

    2. Matt Bryant Silver badge
      Facepalm

      Re: Shadow Systems Re: I bet the "tracked & never know it" guy heard the story.

      ".....but to have just openly admitted to Unauthorized Surveilence of a Government Employee....." Lobbyists, by definition, work for private parties, not the Government, and are not 'Government Employees'.

  7. zen1

    Whisper ToS

    looks like they did a little tweaking of their terms, as the latest rev is dated 13-10-14. Just before the excrement hit the proverbial oscillating unit?

  8. Anonymous Coward
    Trollface

    “We share the senator’s interest in protecting consumer privacy and will respond shortly".

    Translation:

    "We're consulting lawyers to make sure we don't open our big gobs so stupidly again, and wind up in jail as a result".

  9. Winkypop Silver badge
    Happy

    I'm not cool enough to use social media

    See icon --->

  10. Gotno iShit Wantno iShit

    Normally in entertainment if you know with absolute certainly where the plot is going and what the ending will be be there's actually little entertainment in it. It is certain where Whisper is going though just how much circling they do before they gurgle out of sight isn't clear yet. Nevertheless I shall immensely enjoy the show, there hasn't been one so utterly predictable, deserving and amusing since Phorm.

    1. Anonymous Coward
      Anonymous Coward

      A shame there isn't a share price to watch; phorm's was spectacular.

  11. David Glasgow

    Not saying they didn't do it....

    "Whisper's editor-in-chief Neetzan Zimmermann and its CTO Chad DePue aggressively denied the allegations – but failed to provide any evidence they weren't true"

    ...but exactly what would the evidence that the allegations weren't true look like?

    1. DropBear

      Re: Not saying they didn't do it....

      Could start with something as simple as a certain door opening...

    2. Swarthy
      Big Brother

      Re: Not saying they didn't do it....

      I seem to recall that the 'denials' were along the lines of "We don't track users without their permission. All of this tracking stuff that works, even when the user says 'No' is just for ..um... Quality Control, er, um... <mumble><mumble><mumble>. It's all perfectly legit."

  12. Anonymous Coward
    Anonymous Coward

    I would think a government sigint agency would find Whisper data quite interesting, maybe enough to covertly fund it or create an inside working relationship in app operations. Maybe other apps would be similarly interesting.

  13. channel extended

    Competition?

    I bet the senator is just mad because this is pushing into the NSA field.

  14. Henry Wertz 1 Gold badge

    Not innocent

    "Mr. Heyward seems like a lesser copy of Mr. Zuckerberg, kind of a likeable, innocent nerd guy who stumbles into piles of privacy doo-doo, over and over again. I suppose it really is just a coincidence."

    Well, not innocent really. And I don't think it can be considered "stumbling" into privacy problems when he's wholesale tracking people, using location info when it's turned off in the app, and finding juicy info for journalists and whoever else.

    I don't think there's any endgame for Whisper. Heyward could be serious, use proper encryption the whole way, fix the location stuff, and so on, and still nobody's going to trust the service after such egregious past behavior.

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