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August 5, 2017 02:00 am

BLU Claims Innocence, Gets Phones Reinstated On Amazon

Earlier this week, Amazon suspended budget phone maker BLU from selling its phones on the site, citing a "potential security issue." A few days have passed and BLU has made its defense. SlashGear reports: AdUps, the Chinese company that provides affordable firmware update software to countless budget Android phones, is not spyware and not even Kryptowire, the security firm that broke the news last year, called it that, insists BLU. To be fair, Kryptowire really didn't. In its 2016 report, it simply described AdUps' OTA software as "FIRMWARE THAT TRANSMITTED PERSONALLY IDENTIFIABLE INFORMATION (PII) WITHOUT USER CONSENT OR DISCLOSURE." Curiously, that is more or less how the FTC defines spyware (PDF). In its 2017 follow-up, it did drop the second part of that phrase and simply reported on "mobile devices for Personally Identifiable Information (PII) collection and transmission to third parties." While BLU, and a few other OEMs, was caught unaware by the first report, it's insisting on its innocence in this second instance. Its defense stems from the argument that it is doing nothing that violates its Privacy Policy and, therefore, doesn't constitute any wrongdoing. Yes, that privacy policy that barely anyone reads, which can't legally be blamed on manufacturers anyway. In other words, when you agreed to use BLU's devices, you basically agreed that such PII could possibly be transmitted to a third party outside the US. In this particular case, that does apply to the situation with AdUps. Interestingly, the policy's copyright dates back to 2016, when the AdUps issue first came up. The Internet Archives doesn't seem to have any version of that page before April this year. And so we come to BLU's second arguments: everybody's doing it. The data that AdUps collects is the same or even just a fraction of what other OEMs are collecting. Google is hardly the bastion of privacy and other OEMs are also collecting such data and sending it to servers in China, as is the case with Huawei and ZTE. Finally, BLU says that Kryptowire's new report really only identifies the Cubot X16S, from a Chinese OEM, as the only smartphone really spying on its users. UPDATE: BLU has confirmed that its devices "are now back up for sale on Amazon."

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