September 11, 2016

TLDR There is a microphone in the television. According to LG’s own service terms, certain voice-recognition features may capture and analyze the voices of family members, guests, children, and bystanders nearby. LG’s answer to the obvious privacy problem is blunt: obtaining the necessary consent is the owner’s responsibility. The wording reviewed for this article appears in current regional LG service terms. It says customers must notify household members and guests that their voices may be captured and processed in compliance with wiretapping, eavesdropping, and privacy laws. If someone does not consent, LG tells the owner to disable the microphone or voice features. LG then disclaims liability for the owner’s failure to obtain that consent or provide the warning. That is an extraordinary obligation to place on someone who bought a television. LG developed the product. LG included the voice-recognition system. LG operates or enables the AI-based services. But when another person’s voice enters the system, LG’s terms attempt to make the customer responsible for understanding the law and managing everyone else’s consent. LG supplies the listening technology. The owner gets the compliance problem. What LG’s Voice-Recognition Terms Actually Say The most alarming part of LG’s terms is not a vague statement that voice data may be processed. It is the list of people who may be affected. LG says third-party voices and utterances in the vicinity may be recorded and analyzed to provide AI-based services. The examples include: These are not all people who intentionally activated the voice assistant. A guest may not know the television has voice-recognition features. A child may not understand what audio processing means. A contractor, babysitter, cleaner, neighbor, or friend may have no reason to expect that speaking in the room could involve an LG service. LG’s terms then state that it is the user’s “sole responsibility” to obtain all necessary third-party consents and notify household members and guests. The company specifically mentions wiretapping, eavesdropping, and privacy laws. The terms do not give an ordinary customer a realistic system for doing any of this. There is no suggested notice to place on the door. There is no guest-consent screen. There is no household privacy dashboard explaining whose consent is needed in each jurisdiction. LG simply assigns the responsibility to the owner and advises turning off the microphone when someone objects. LG Says It Does Not Record Ambient Conversations It is important not to turn LG’s disturbing legal language into a claim the evidence does not support. LG has said its televisions do not collect, record, or store ambient conversations. The company says voice recognition is optional, user-initiated, and processes voice data only when activated to fulfill a request. It also says customers can use smart TV features without enabling voice recognition. LG’s US support instructions also show that voice recognition can be enabled or adjusted through the television’s AI Service settings. Some models support wake-word and hands-free controls, while available features vary by model and webOS generation. Those facts matter. The terms do not prove that every LG television continuously records every conversation in the room. They do not prove that LG is intentionally violating wiretapping law. They also may not apply identically in every country, since LG publishes different terms and services across regions. But LG’s response does not make the terms harmless. The company’s own agreement still recognizes that third-party voices may be captured during use of voice-recognition features. It still names children, guests, and bystanders. And it still attempts to make the customer responsible for consent, notification, and legal compliance. The concern is narrower than “LG listens to everything.” It is also more defensible: LG created a voice-processing system that may capture people who never bought the television, never opened an LG account, and never accepted LG’s terms. Your Guests Never Agreed to LG’s Terms A customer may click “agree” during television setup. That does not mean everyone entering the customer’s home has also agreed. Consider a normal living room during a football game. Friends are talking over the television. Children are playing nearby. Someone uses a voice command to search for a player or change the volume. Another person’s words are picked up at the same time. Who gave consent? LG’s terms appear to say that answering that question is the owner’s job. The same problem exists in less obvious settings. LG televisions may be found in hotel rooms, rental properties, conference rooms, waiting areas, restaurants, classrooms, offices, and shared homes. The person who agreed to the service terms may not even be present when someone else’s voice is captured. A contract between LG and the device owner cannot automatically create informed consent from every third party near the product. That does not mean voice capture is always illegal. Recording and privacy laws vary by country and state. Some laws focus on whether a person reasonably expected privacy. Others distinguish between recording a conversation and processing a voice command. The details matter. But those details are exactly why LG’s “sole responsibility” language is so unreasonable for an ordinary buyer. The average television owner should not need to research state recording statutes before asking the television to open Netflix. What Does LG Expect Owners to Tell Visitors? Taken literally, LG’s terms create a social ritual that almost no one will follow. A homeowner would need to say something like: Before we watch the game, you should know that this LG television has voice-recognition features. Your voice may be captured and processed when those features are used. Please tell me if you do not consent so I can disable the microphone. That might satisfy the spirit of LG’s warning. It would also be absurd in a normal home. Should parents obtain permission before their children bring friends into the room? Should someone warn a plumber before demonstrating a noise coming from the television? Should a short-term rental owner place an audio-processing disclosure beside the remote? LG’s terms give customers the obligation without giving them a usable process. And when consent is not