Feeds

Apple must be tried for the bug in every fanboi's pocket

Yes, she's talking about the iPhone

Internet Security Threat Report 2014

Apple will stand trial over accusations that it misled iPhone owners by storing detailed information about their location even when location was switched off, a judge ruled yesterday.

Apple had asked for the class action location-tracking case against it to be dismissed, but Judge Lucy Koh of the San Jose District Court in California said yesterday that the iPhone-maker should defend its position in court.

However Judge Koh discounted six of the complainants' eight claims against Apple including the claim that it had infringed US privacy and wiretap laws.

Koh dismissed the privacy claim against Apple because the plaintiffs had failed to prove that the data collection and storage caused them any personal injury.

But Apple will be tried on two counts: for violations of the Consumer Legal Remedies Act and for violations of the Unfair Competition Law.

The Consumer Legal Remedies Act prohibits “unfair or deceptive acts or practices” and the contrast between Apple's promise to protect user data in its App Store and its alleged practice of giving user data to third-party apps without warning, merited a court case, the judge said.

Unfair Competition law guards against companies mis-selling products and in this case, the claim hinges on the fact that switching off location services on the iPhone did not result in said services actually switching off. This was seen as a potential mis-selling of the device – installing an "off switch" that did not work.

Apple's claim that the benefits of this outweighed the harm to the consumer would have to be tested in court, Koh concluded.

iPhone users brought the case as a class action suit in 2011 after two privacy researchers discovered a file on the iPhone that stored its user's movements in detail for periods of years. The location files were linked to the Unique Device Identifier, age, gender, name and credit card details of the phone's user.

Third-party apps were able to make use of the data.

Apple said the storage of the data was a bug and issued a fix.

Claims against Apple's third-party app partners were also dismissed. ®

'iPhone litigation' San Jose District Court in California Case No: 11-MD-02250-LHK

Choosing a cloud hosting partner with confidence

More from The Register

next story
Download alert: Nearly ALL top 100 Android, iOS paid apps hacked
Attack of the Clones? Yeah, but much, much scarier – report
Broadband sellers in the UK are UP TO no good, says Which?
Speedy network claims only apply to 10% of customers
Virgin Media struck dumb by NATIONWIDE packet loss balls-up
Turning it off and on again fixes glitch 12 HOURS LATER
Fujitsu CTO: We'll be 3D-printing tech execs in 15 years
Fleshy techie disses network neutrality, helmet-less motorcyclists
Facebook, working on Facebook at Work, works on Facebook. At Work
You don't want your cat or drunk pics at the office
Soz, web devs: Google snatches its Wallet off the table
Killing off web service in 3 months... but app-happy bonkers are fine
Ofcom tackles complaint over Premier League footie TV rights
Virgin Media: UK fans pay the most for the fewest matches
prev story

Whitepapers

Why cloud backup?
Combining the latest advancements in disk-based backup with secure, integrated, cloud technologies offer organizations fast and assured recovery of their critical enterprise data.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
The Heartbleed Bug: how to protect your business with Symantec
What happens when the next Heartbleed (or worse) comes along, and what can you do to weather another chapter in an all-too-familiar string of debilitating attacks?
New hybrid storage solutions
Tackling data challenges through emerging hybrid storage solutions that enable optimum database performance whilst managing costs and increasingly large data stores.