Smart home tech makers don’t want to say if the feds come for your data Device makers won't say if your smart home gadgets spied on you

A decade ago, it was almost inconceivable that nearly every household item could be hooked up to the internet. These days, it’s near impossible to avoid a non-smart home gadget, and they’re vacuuming up a ton of new data that we’d never normally think about.

Thermostats know the temperature of your house, and smart cameras and sensors know when someone’s walking around your home. Smart assistants know what you’re asking for, and smart doorbells know who’s coming and going. And thanks to the cloud, that data is available to you from anywhere — you can check in on your pets from your phone or make sure your robot vacuum cleaned the house.

Because the data is stored or accessible by the smart home tech makers, law enforcement and government agencies have increasingly sought data from the companies to solve crimes.

And device makers won’t say if your smart home gadgets have been used to spy on you.

For years, tech companies have published transparency reports — a semi-regular disclosure of the number of demands or requests a company gets from the government for user data. Google was first in 2010. Other tech companies followed in the wake of Edward Snowden’s revelations that the government had enlisted tech companies’ aid in spying on their users. Even telcos, implicated in wiretapping and turning over Americans’ phone records, began to publish their figures to try to rebuild their reputations.

As the smart home revolution began to thrive, police saw new opportunities to obtain data where they hadn’t before. Police sought Echo data from Amazon to help solve a murder. Fitbit data was used to charge a 90-year old man with the murder of his stepdaughter. And recently, Nest was compelled to turn over surveillance footage that led to gang members pleading guilty to identity theft.

Yet, Nest — a division of Google — is the only major smart home device maker that has published how many data demands it receives.

As first noted by Forbes last week, Nest’s little-known transparency report doesn’t reveal much — only that it’s turned over user data about 300 times since mid-2015 on over 500 Nest users. Nest also said it hasn’t to date received a secret order for user data on national security grounds, such as in cases of investigating terrorism or espionage. Nest’s transparency report is woefully vague compared to some of the more detailed reports by Apple, Google and Microsoft, which break out their data requests by lawful request, by region and often by the kind of data the government demands.

As Forbes said, “a smart home is a surveilled home.” But at what scale?

We asked some of the most well-known smart home makers on the market if they plan to release a transparency report, or disclose the number of demands they receive for data from their smart home devices.

For the most part, we received fairly dismal responses.

What the big four tech giants said

Amazon did not respond to requests for comment when asked if it will break out the number of demands it receives for Echo data, but a spokesperson told me last year that while its reports include Echo data, it would not break out those figures.

Facebook said that its transparency report section will include “any requests related to Portal,” its new hardware screen with a camera and a microphone. Although the device is new, a spokesperson did not comment on if the company will break out the hardware figures separately.

Google pointed us to Nest’s transparency report but did not comment on its own efforts in the hardware space — notably its Google Home products.

And Apple said that there’s no need to break out its smart home figures — such as its HomePod — because there would be nothing to report. The company said user requests made to HomePod are given a random identifier that cannot be tied to a person.

What the smaller but notable smart home players said

August, a smart lock maker, said it “does not currently have a transparency report and we have never received any National Security Letters or orders for user content or non-content information under the Foreign Intelligence Surveillance Act (FISA),” but did not comment on the number of subpoenas, warrants and court orders it receives. “August does comply with all laws and when faced with a court order or warrant, we always analyze the request before responding,” a spokesperson said.

Roomba maker iRobot said it “has not received any demands from governments for customer data,” but wouldn’t say if it planned to issue a transparency report in the future.

Both Arlo, the former Netgear smart home division, and Signify, formerly Philips Lighting, said they do not have transparency reports. Arlo didn’t comment on its future plans, and Signify said it has no plans to publish one.

Ring, a smart doorbell and security device maker, did not answer our questions on why it doesn’t have a transparency report, but said it “will not release user information without a valid and binding legal demand properly served on us” and that Ring “objects to overbroad or otherwise inappropriate demands as a matter of course.” When pressed, a spokesperson said it plans to release a transparency report in the future, but did not say when.

Spokespeople for Honeywell and Canary — both of which have smart home security products — did not comment by our deadline.

And, Samsung, a maker of smart sensors, trackers and internet-connected televisions and other appliances, did not respond to a request for comment.

Only Ecobee, a maker of smart switches and sensors, said it plans to publish its first transparency report “at the end of 2018.” A spokesperson confirmed that, “prior to 2018, Ecobee had not been requested nor required to disclose any data to government entities.”

All in all, that paints a fairly dire picture for anyone thinking that when the gadgets in your home aren’t working for you, they could be helping the government.

As helpful and useful as smart home gadgets can be, few fully understand the breadth of data that the devices collect — even when we’re not using them. Your smart TV may not have a camera to spy on you, but it knows what you’ve watched and when — which police used to secure a conviction of a sex offender. Even data from when a murder suspect pushed the button on his home alarm key fob was enough to help convict someone of murder.

Two years ago, former U.S. director of national intelligence James Clapper said the government was looking at smart home devices as a new foothold for intelligence agencies to conduct surveillance. And it’s only going to become more common as the number of internet-connected devices spread. Gartner said more than 20 billion devices will be connected to the internet by 2020.

As much as the chances are that the government is spying on you through your internet-connected camera in your living room or your thermostat are slim — it’s naive to think that it can’t.

But the smart home makers wouldn’t want you to know that. At least, most of them.