Lawsuit targets Apple over sending ad data without consent

updated 09:45 am EST, Tue December 28, 2010

Claims Apple assures people of privacy


Apple is allowing iOS apps to broadcast private data to advertising networks without consent, a recent lawsuit alleges. Filed on December 23rd in a federal court in San Jose, California, the suit notes that iOS devices transmit at least a basic amount of information without permission by way of their UDID (Unique Device Identifier). Advertisers are seeing what apps people are downloading, how often they're run and for how long, say lawyers acting on behalf of plaintiff Jonathan Lalo.

Some apps are also selling extra information to networks, the suit claims, ranging from ages, genders, incomes and locations through to ethnicities, sexual orientations and even political views. A crux of the case is that Apple is said to assure people that it reviews all submissions to the App Store, and that no app will transmit user data without authorization. The suit also names some third-party developers as defendants however, including the creators of Pandora, Paper Toss and the Weather Channel and Dictionary.com apps.

Lalo's lawyers charge that the defendants' actions constitute violations of federal computer fraud and privacy laws. If the case is elevated to class-action status as demanded, it could potentially result in payouts to thousands or millions of people; the affected class is listed as anyone who downloaded an app between December 1st 2008 and last week. Apple has not so far responded to the complaint.




by MacNN Staff


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Comments

  1. doctor9

    Fresh-Faced Recruit

    Joined: Aug 2001

    -7

    Jeez...

    ...frivolous lawsuits by people who jump in a fire but don't expect to get burned or at least be warned if they do! Grow some balls or buy a brain...either way, get over yourself!

    Worse yet, another lawyer looking to get rich on legal BS!

    /

  1. Athens

    Addicted to MacNN

    Joined: Jan 2003

    +5

    Hold on a bit here...

    This might not be a frivolous lawsuit if in-fact they can prove what they claim. Though I would rather they sue the Application creators then Apple but Apple does assure that data is not transmitted of a personal nature with out permission. I think the sticky point here is what is considered personal information. A name, address is personal information. A device UDID from my stand point wouldn't be.

  1. bobolicious

    Fresh-Faced Recruit

    Joined: Aug 2002

    +4

    Outrageous EULA's & Apple disappoints

    Has anyone on this forum ACTUALLY READ through the ENTIRE iTunes EULA ???

    Can anyone tell me the EULA DIFFERENCES with the last iTunes update?

    Is that reasonable to do for a $0.99 song or even to simply look up song titles from CDs one has paid for & load onto their iPod?

    With updates as frequently as bimonthly does Apple highlight the changes so one doesn't need to do an exhaustive analysis?

    I'm no lawyer however this seems to have become impractical, unusable & generally meaningless to the average user & thus arguably unfair?

    It certainly also seems to have lost the spirit of 'the computer for the rest of us' and the simplicity that has differentiated macs from the beginning?

    I'd love to see a 'plain language' EULA policy that is actually meaningful to the average customer?

  1. testudo

    Fresh-Faced Recruit

    Joined: Aug 2001

    +2

    UDIDs

    Isn't this the same thing as your computer's MAC address, which gets transmitted all around with your web traffic (as does your IP address)? I mean, without sending out the identifier, how would they even know who to respond to?

  1. testudo

    Fresh-Faced Recruit

    Joined: Aug 2001

    -2

    really?

    A crux of the case is that Apple is said to assure people that it reviews all submissions to the App Store, and that no app will transmit user data without authorization.

    Apple has said that? When, exactly, did Apple say that, for I recall nothing anywhere that says Apple makes sure no data is transmitted at all without permission.

    Some apps are also selling extra information to networks, the suit claims, ranging from ages, genders, incomes and locations through to ethnicities, sexual orientations and even political views.

    Where, exactly, are the apps getting this information? For I don't recall anything on my iPod that asked me to set my gender and income levels. The only place these apps can get this data is (a) by asking for them and you entering it (be it on the iPhone app or on a web site), (b) getting your browser history, though this can't tell you all that, or (c) matching your UDID with some other information mapped to your UDID.

    Only item B would be a violation and Apple's fault. If you typed in such information for a service or in an app, you are tacitly giving your permission to transmit that data. And if you went to a web site to do the same, well, you did the same.

  1. bearcatrp

    Senior User

    Joined: Dec 2005

    +1

    If this is true

    Then kudos for the lawsuit. privacy is privacy folks. No different than your credit card company selling info about your spending habits without your permission. Again, IF this is true AND they did break the law, hope the plaintiffs clean there closet with a class action lawsuit. Unfortunately, only the lawyers will get any money out of it. Spank especially apple for allowing this to happen!

  1. elroth

    Fresh-Faced Recruit

    Joined: Jul 2006

    +3

    It must be looked at

    I'm definitely in favor of this lawsuit proceeding. It should be stated in court exactly what those apps are doing - what user information they have access to, what information they are collecting, and exactly what they are doing with that information.

    Whether it's Apple's fault or the fault of the apps themselves (they might be violating Apple's terms without Apple's knowledge), this needs to be clarified and stopped.

  1. Fast iBook

    Fresh-Faced Recruit

    Joined: Mar 2003

    -2

    Device ID...

    Device ID is not private, carriers need to share it to hand off on cell networks, wifi as well.

    Case dismissed.

    - A

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