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Apple asks California court to dismiss iPhone tracking lawsuit

Posted: , by Maxwell R.

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Apple asks California court to dismiss iPhone tracking lawsuit
Judge Lucy Koh was presiding over lawyers from Apple again, but not because of the ongoing drama with Samsung.

You may recall the news of iOS tracking your every move, and storing, unencrypted, up to a year’s worth of data. That data was also shared on the computer of users who synchronized with iTunes. Naturally, a number of lawsuits have been filed against Apple.

Apple asked the court to dismiss the case on the basis that no harm was caused and that the plaintiffs cannot prove the company gave users data to third parties. Moreover, Apple is refusing to handover documents relevant to proving that assertion one way or the other because it claims that would equate to an attempt to discover harm versus determining if harm was actually caused.

Apple has positioned the case as a matter of information storage versus one of privacy invasion. The company also wants the terms of the case reclassified as a “Caching Query Bug” on the assertion that Apple’s storage of user data was accidental.

Several charges were dismissed last summer, but two charges are still pending for violations of the Consumer Legal Remedies Act and Unfair Competition Law, the latter of which is related to allegations that iPhones were deceptively sold with “Location Services” switches that could not be turned off. The former charge is based on the assertion that Apple did not protect user data.

Apples explanations at the time were not of much comfort for those who were alarmed by this discovery in 2011. Since then, updates to iOS have apparently addressed the amount and type of data that is gathered, as well as amount of time that data is stored.

source: The Register

8 Comments
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posted on 04 Mar 2013, 23:18 4

1. joey_sfb (Posts: 3119; Member since: 29 Mar 2012)


Apple has every right to track it's flock movement and sell it to the highest bidder. Best part is they would play the saint and bad mouth others.

posted on 04 Mar 2013, 23:25 2

2. wumberpeb (Posts: 444; Member since: 14 Mar 2011)


It's bogus for any company to get hit with multi-million dollar suits...who gives a rip. Turn off your GPS if you don't want to be tracked to some extent. Everyone wants a free piece if the pie. As much as I want Apple to suffer, this isn't the place

posted on 05 Mar 2013, 01:28 4

7. Topcat488 (Posts: 1170; Member since: 29 Sep 2012)


If you had read the article, you would have learned that the switch could not be turned off... Here's a little quote of the article:

Several charges were dismissed last summer, but two charges are still pending for violations of the Consumer Legal Remedies Act and Unfair Competition Law, the latter of which is related to allegations that iPhones were deceptively sold with “Location Services” switches that could not be turned off. The former charge is based on the assertion that Apple did not protect user data.

@wumberpeb

posted on 04 Mar 2013, 23:29 1

3. luis_lopez_351 (Posts: 951; Member since: 18 Nov 2010)


California you disappoint me. So much power, so much money, so many people, yet you turn into the biggest disappointment I have ever experienced. I hope the big one hits already and takes down the silicon valley and all its millionaires & billionaires. Sorry for all the other future victims, you know better than to live within faults.

posted on 04 Mar 2013, 23:31 1

4. MartianMe (unregistered)


I wonder what would be the case if this was google instead? hum....

posted on 05 Mar 2013, 00:14 5

5. anywherehome (Posts: 971; Member since: 13 Dec 2011)


fire the iKoh who is on the side of iConboards!

posted on 05 Mar 2013, 04:24 1

8. pratyushgaur.6 (Posts: 24; Member since: 21 Feb 2013)


Be it Apple or Google.....Privacy is overrated. I just know people go paranoid over privacy!!

posted on 06 Mar 2013, 05:22

9. ReddD (Posts: 37; Member since: 29 Oct 2012)


They need to make a switch so that I can turn on my gps and not share my location with google or apple

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