Class action lawsuits aimed at Carrier IQ, HTC, Samsung
The lawsuits were filed in Missouri and Illinois, and name Samsung and HTC as defendants in addition to Carrier IQ. None of the carriers are named in the lawsuits, although the shifting of the burden to the carriers has really happened in the last 48 hours, so it’s possible that additional defendants could be added in coming weeks.
The lawsuits allege that the defendants “intercepted, recorded and collected information" from your phone and transmitted that data to a third party (the carriers) without the authorization of the parties being monitored. The lawsuits seek statutory and punitive damages that could easily translate into tens of millions of dollars, to be divided among the owners of the handsets that are impacted by Carrier IQ’s software. Since 141 million phones have the software installed on them, we probably aren't looking much money per person.
Carrier IQ has vigorously denied that their software breaks any wiretap laws, claiming that they don't record, store, or transmit the contents of text messages, phone calls, email, or videos. Carrier IQ further states that it simply supplies the software; it is up to the individual wireless providers to decide what information is to be tracked and stored, and for how long.
Obviously there is a lot of information that's not yet public, but these lawsuits shed an interesting light on past events in the scandal. It originally seemed like Carrier IQ dramatically over-reacted when it sent a cease and desist letter to the researcher that discovered their software, but perhaps that was an attempt to put the genie back in the bottle before the whole thing blew up. If that’s the case, it suggests that Carrier IQ may have suspected what they were doing was at the least a PR nightmare, and at worst legally suspect.
Further supporting this inference is the “rats leaving a sinking ship” routine of the last few days, as handset manufacturers, software companies, and even several networks released public statements disavowing their responsibility in the scandal and/or any association with Carrier IQ.
It’s possible this is just the tip of the iceberg. What do you guys think?
source: paidcontent.org via Tech Crunch
1. corporateJP (Posts: 2167; Member since: 28 Nov 2009)
20 to 1 odds somebody cleaned their server out last night or the night before...
5. Droid_X_Doug (Posts: 5987; Member since: 22 Dec 2010)
Only 20 to 1? I would give 1,000 to 1 odds.
3. ZEUS.the.thunder.god (unregistered)
i think careers are responsible for all this shi*
4. Giggity (Posts: 147; Member since: 17 Nov 2011)
Collecting data without consumers' consent? Heck yeah it's illegal.
Wireless carriers should also be sued too, afterall they also got a fair share of people private info as well.
6. Droid_X_Doug (Posts: 5987; Member since: 22 Dec 2010)
I wonder if anyone is going to be doing a perp walk over this? Free room and board with restricted visitation rights and a rap sheet is the only way to stop this kind of abuse.
There is a legitimate place for this kind of software, but the user has to opt in and for the duration the software is running its diagnostic session, there is a symbol of some sort in the notification bar. None of this was done. Instead federal wiretap laws were broken.
Make the f*ckers do a perp walk!
7. willywill_evo (Posts: 162; Member since: 05 Jan 2011)
hahaha this is stupid HTC and Samsung make the phone at&t, Sprint, tmobile write the carrier IQ crap on the phone...they are the one that need to be taking to court
11. Giggity (Posts: 147; Member since: 17 Nov 2011)
Not quite, ATT, Sprint and Tmobile asked handset manufacturers to add CarrierIQ to the subsidized handsets.
8. Sniggly (Posts: 7221; Member since: 05 Dec 2009)
The carriers should be the defendants. The manufacturers are nearly blameless.
18. remixfa (Posts: 14251; Member since: 19 Dec 2008)
all but 1 manufacturer that is.. that one manufacturer that retains 100% control of everything that goes on their devices and wont let the carriers dictate any phone apps...
what was that company's name again?
9. oldhamletman (Posts: 57; Member since: 03 Sep 2011)
windows phone 7 FTW.... android and iphone OS let this BS happen....
10. GeekMovement (Posts: 1807; Member since: 09 Sep 2011)
GO AWAY CARRIER IQ WE DONT NEED YOU.
13. exotica6279 (Posts: 11; Member since: 15 Mar 2010)
I guess this is how AT&T was finally able to see which users were using their device for tethering this whole time... think about it lol.
14. cnpthe3rd (Posts: 52; Member since: 01 Feb 2009)
the problem with the IQ software is not what it does the IQ people and the carriers swear they dont misuse it (God knows they would never lie to us) the problem is what it is capable of doing and that you have no way of stopping it or even knowing it is there God only knows what it could be used for
16. medicci37 (Posts: 833; Member since: 19 Nov 2011)
The government needs to come up with some serious penalties(jail time or death) when these theives violate peoples privacy in such a blatant way! this is why groups like Anonymous & wikileaks are so important !!!
17. bigbrothermotown (Posts: 2; Member since: 03 Dec 2011)
Aw Man.....SCREW THIS.....Everybody....lets OCCUPY CELL PHONE STORES!!!!!!!!!!!!!!!
19. roscuthiii (Posts: 1887; Member since: 18 Jul 2010)
How in the frig is it that the carriers remain unnamed in these things? Damn it, I wish I had deep enough pockets to form my own lobby.