Some of the Kinect users reports that the Sections 9 and 12 of the updated terms of service are making some doubts against Microsoft, the report said : If you accept the agreement, you “expressly authorize and consent to us accessing or disclosing information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Microsoft, our partners, or our customers, including the enforcement of our agreements or policies governing your use of the Service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Microsoft employees, customers, or the public.”
“You should not expect any level of privacy concerning your use of the live communication features (for example, voice chat, video and communications in live-hosted gameplay sessions) offered through the Service.” They obviously won’t – and can’t – monitor every single system at the same time, but they say that they have the right to do so “to the maximum extent permitted by law.” Microsoft also “reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Microsoft’s sole discretion.” Break the law in front of your Kinect system? You could be up against the law.
But Microsoft Game Studios VP, Phil Spencer denied all of this news, In response to questions about those who’d feel ill at ease allowing such potentially voyeuristic equipment in their homes, Spencer replied: “Well, do you have the controls to not make it always connected to the Internet? Yes. Is the thing always looking at you? No.” “You’ll see when you use it that you actually stand up and wave to activate the camera. Then the camera will see you, and that has nothing to do with the RGB camera. That’s just the infrared picking us up. So it’s pretty specific when it’s looking into the room, if you want to call it that, and when it’s not.”
Don’t look for Microsoft to create some sort of creepy spy program for Kinect; despite all of the science fiction stories that you may have read about, this just isn’t something that is on their agenda. So don’t worry, MS isn’t going to launch some kind of all-seeing Minority Report-style agency.