[shye]

Flock's facilitation of data-sharing is a huge part of their value proposition over other cameras, and why their customers buy from them over their competitors.

As such, even if they can contract it such that they are not legally responsible for such use, they are very much knowingly facilitating it. If this was physical goods, rather than data, they would probably been as responsible as their customers.

[tptacek]

I've read our contract. I know what it says. This isn't an abstraction. They can do lots of things. What they actually do is not data brokerage under California Law, at least not that I can tell.

[shye]

What Flock names the relationship in their contract does not make it one, as the courts do very much duck type.

Flock knowingly collects PII of people they have no direct relationship with, and transfers it to third parties. If that transfer, which Flock seem to gain from, is legally a sale is something to be argued at a great expense in front of the court.

But regardless of that definition, I so think that any reasonable person (= not a corporate lawyer) would consider there is a sale of data here.