U.S. Magistrate Judge Paul S. Grewal says court cannot believe Apple in privacy case

U.S. Magistrate Judge Paul S. Grewal says court cannot believe Apple in privacy case
U.S. Magistrate Judge Paul S. Grewal has ordered that Apple detail to the court exactly what it is doing to find certain documents that the company was supposed to produce in a lawsuit that dates back to 2011. The suit alleges that Apple collected location data on thousands of Apple iPhone users even if they had disabled the geo-location feature on the phone. The Cupertino based company has refused to turn over certain documents for the lawsuit, saying that they contain sensitive information that could harm the company and its millions of customers if they were to fall into the wrong hands. Grewal wants Apple to relay to the court everything it is doing to produce the documents because the judge says that he can no longer rely on what Apple tells him in court.

Back in November, Judge Grewal ordered that Apple turn over the documents to the court and he says it is "unacceptable" that the company waited three months to verify that it followed his directions. As a result, the judge gave Apple until last Friday, March 8th, to show the court how it collected the documents that it was required to turn over to the plaintiffs. The company was ordered to produce information on the search terms it used, the dates of searches, individuals subject to the searches, and how many documents it turned up. Judge Grewal wants to see how and why Apple's document production has been limited and will offer an opinion on whether Apple made a "good faith and reasonable effort."

Ashlie Beringer, an Apple attorney, told Judge Grewal on Tuesday that the failure of the tech giant to produce certain emails from Apple executives, including the late Steve Jobs, was a "mistake". She told the court that Apple's legal team had reviewed 8,000 emails the previous weekend and concluded that they should turn over email messages involving Jobs, marketing head Phil Schiller, and its former head of mobile software Scott Forstall.

But what really set the judge off last week was the admission by the company's Senior litigation manager Lynn Miller in a court filing, that Apple inadvertently failed to turn over to the plaintiffs six documents that it was required to hand over to them. Apple included those documents in a motion to dismiss the case.

The judge's order also gives the plaintiffs an opportunity to see how Apple reviews apps for its mobile devices. Apple had redacted the documents when it originally presented them to the court, saying that the information is a "closely guarded trade secret." Judge Grewal ordered that the information be unredacted and shown "under an attorney's eyes-only" designation.

source: Bloomberg

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24 Comments

1. xperiaDROID

Posts: 5629; Member since: Mar 08, 2013

I don't know why i'm very happy when reading this article :) YAY!

7. anywherehome

Posts: 971; Member since: Dec 13, 2011

Confirmed by a judge I tell to everyone: Apple is a company you can not trust a word..... Really only a stupid or brainwashed person could buy any iToy to support such a greedy, lying company

15. xperiaDROID

Posts: 5629; Member since: Mar 08, 2013

I agree :)

16. No_Nonsense unregistered

Not just Apple, its the same for every company, like Samsung or Nokia or BlackBerry or well, every other company that's operating for profits. There's absolutely no company that cares for the customer, all they see is your money. Like there was someone saying, let's buy two Nokia Lumias to support them? Well, why should I, considering they don't meet what I want to do in a phone. Same for Samsung/Android loyalists.

17. anywherehome

Posts: 971; Member since: Dec 13, 2011

of course, but they are not such a d*cks like Applie :) all of them are 1000x better

21. Heritor

Posts: 47; Member since: Nov 05, 2012

So you think all these companies like Google, GE, and Koch Industries are benign wallflowers. You know everyone of them from Apple to Google to MS use tax shelters to pay little to no US taxes which means... You suffer. They get Tax payer money in subsidies, they get your money as customers, and they funnel it all into off shore companies to which they contribute ZERO the US. All companies are the same. Hating Apple is just about being "the cool contrarian nerd". I love Nokia products but that doesn't mean i like nokia.

22. BleepKnows

Posts: 3; Member since: Jan 02, 2014

Really, I can tell this is gonna go in circles and I'm done "arguing" with google eyed disciples because they don't hear or think, but I'll give you two one well deserved response. 1. Apple can't be trusted, after how many times google has been found spying on people, hacking different systems, and is currently working overtime to erode EU privacy laws to US token levels? Really? Google is the most deceitful company around, and they lie with a smile and straight face. Children, ignorant hacker wannabes that pretend to stick it to the man while handing the NSA and commercial giants the keys to everything for a tiny bit of free candy are androids bread and butter. Half the android's customers don't even realize once they install google apps back on, which you will since it's designed to be crippled without them, it's no more open source than IOS, in terms of unknown processes, backdoors and spyware running in the background. Google is just a better liar and get you do to the work for them, in exchange for free candy. Get over it, cuz it's getting over on you. 2. Phrases like "iToy" display an extreme level of ignorance and/or ineptitude, as it's every bit a business tool as any android device. "Look at me, I can plug my phone in as a security risk instead of using a $5 usb stick that is faster with more space"...

2. brar.arsh

Posts: 202; Member since: Sep 12, 2012

Balle, Punjabi judge in Apple case.. :-D

18. DHILLON_ARSH

Posts: 66; Member since: Mar 11, 2013

haha....naale JATT bhraa wa apna...grewal :-)

3. TheTruthSquad

Posts: 9; Member since: Dec 31, 2012

How could Apple complain when they have cases all over the world? I have my lawyers lined up because, like the music industry, they will be coming after anyone that buys a phone without the Apple logo.

4. _Bone_

Posts: 2155; Member since: Oct 29, 2012

"The Cupertino based company has refused to turn over certain documents for the lawsuit, saying that they contain sensitive information that could harm the company and its millions of customers if they were to fall into the wrong hands." - well isn't that just great. :D I cannot tell where I was at the time the murder took place because it contains sensitive information. But I didn't do it I swear.

23. BleepKnows

Posts: 3; Member since: Jan 02, 2014

I'm torn on this one. On one hand, if they found they were collecting too much info at one time, we should know about it. On the other hand, if they were, do you really want to hand it over to the government so they can just upload it to their Utah data center where they try to keep as much info on everyone they can just in case they want to embarrass or harass anyone they deem "inconvenient", whatever their stasi definition of the day is? The NSA has been proven to keep lying over and over to congress and us the people about what they're collecting and what they do about it and seem to feel the secret right to do whatever they want with our info, including creating unconstitutional false evidence trails against people, and the police state has gone so far as to frame protesters like with the occupy austin case where police working with feds framed protesters and lied about it in court and only aclu investigation proved it was undercover police providing the "felony" materials. So, if apple says it's sensitive customer data should not fall in the wrong hands, I trust their judgement on this one, so I guess I'm not torn after all. I just wish we had a better government. It's a sick world where our own government is "the wrong hands" but it is what it is.

24. BleepKnows

Posts: 3; Member since: Jan 02, 2014

Google's own profile on you includes every email received or sent to or from gmail, every search you've made from any device they've been able to tie from you, web page you've visited, to create a profile they can use to sell you as a "prime" ad target for whatever. So, if the government decides they want all that info and analysis indiscriminately on millions of people for a court case, and we know they abuse that to invade privacy in contradiction to the constitution, would you say google would have to right to fight such a data request as harmful to it's business and customers, knowing the fed's will just upload it to their hungry little data center waiting for the right admin or company to abuse it? Or would you say google wouldn't have a right to protect that info either?

5. Topcat488

Posts: 1415; Member since: Sep 29, 2012

The suit alleges that Apple collected location data on thousands of Apple iPhone users even if they had disabled the geo-location feature on the phone. You can run but you can't hide...

6. sprockkets

Posts: 1612; Member since: Jan 16, 2012

Oh, so people's info is a company "Trade secret"? LOL

8. saffant

Posts: 274; Member since: Jul 04, 2011

Finally.

9. Aeires unregistered

Meanwhile, Mxy complains about Google giving people a voluntary opt in decision to store information.

11. Droiddoes unregistered

Well, in fairness, Mxy IS delusional, and it's not his fault he was born with an extra chromosome XD

12. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

And Mxy will complain about judicial error in this instance. iTrolls will be iTrolls.

10. Droiddoes unregistered

Good to see more and more judges getting fed up with apples non stop bullsh*t, lies, and double standards.

13. p0rkguy

Posts: 685; Member since: Nov 23, 2010

They should have never been allowed a pass in the first place. And if it was allowed, it should have only been a few days, not 3 months... We live in a digital world, it could have all been acquired within a day.

14. MartianMe unregistered

If that would have been samsung or anybody else the wouldn't even get a second chance....that shows us how a lot of these judges are in bed with apple.

19. tedkord

Posts: 17356; Member since: Jun 17, 2009

What did the judge expect from the company that tried to skirt the UK order and told a US judge that they would only be bound by her decision if they liked it.

20. ebubekir26

Posts: 337; Member since: Dec 21, 2012

"" Mxyzptlk "" must be very pissed off reading this article xD

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