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BC Woman Sues Apple Alleging Privacy and Security Rights Violations of Owners of iPhone, iPad and iPod


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#1 Wetcoaster

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Posted 30 October 2012 - 08:13 PM

Amanda Ladas of Surrey is seeking to have her lawsuit against Apple certified as a class action alleging the tracking capabilities built in to the the iPhone, iPad and iPod pose serious dangers.

Supporting her claim is well-known geographic profiler Dr. Kim Rossmo as well as several other experts.


An administrative assistant from Surrey is taking a legal run at electronics behemoth Apple — and is seeking to make her lawsuit a class-action suit.


In a class-action application filed Tuesday in B.C. Supreme Court, Amanda Ladas charges that Apple has violated the privacy and security rights of owners of the iPhone, iPad and iPod.


Ladas and her son Jackson charge that the tracking device in the three mobile devices provided the capacity for strangers to follow their movements without her knowledge or consent.


“Ladas is concerned that, without her permission, anyone with moderate computer knowledge can find out where she’s been,” said spokeswoman Laura Ballance in announcing the class-action application, filed in court Tuesday along with four reports from experts.


“The claim alleges that Apple has violated the privacy and security rights of users of its products by the design, production, distribution and/or operation of iOS4, and has engaged in deceptive acts or practices that have the capability, tendency or effect of deceiving or misleading class members and that these practices entitle members of the class to aggravated, punitive and/or exemplary damages.”


The potential for a class-action suit is huge, with possible co-complainants being the owners of anywhere from two to seven million Apple devices in Canada using the iOS4 operating system.


Ladas has retained the Vancouver law firm of Ganapathi and Company.


Supporting documents filed with the lawsuit include extensive reports from four experts in digital forensics examination, information security, networking and systems administration, geographic profiling and clinical and forensic psychology.


In his report, geographic profiling expert Kim Rossmo states that the devices open up the potential for strangers or even criminals to prey on users.


“Criminal access to a user’s backup file, either through theft or by hacking, increases his or her exposure to victimization,” writes Rossmo.


“More sophisticated criminal groups could use this information to determine when someone was likely to be present or away from certain locations such as their home.


“It would be disastrous if a user’s backup file fell into the hands of a stalker.


“For certain individuals at risk of extortion, kidnapping or terrorism because of their social, work or political position, the implications of a stolen file are even more sinister.”


Rossmo sums up his 30-page report with a reference to a famous Apple ad: “In 1984, the world was introduced to the Apple Macintosh computer by a now famous Super Bowl commercial which depicted a female heroine resisting the tyranny of Big Brother.


“In George Orwell’s dystopian novel, Big Brother was the omniscient head of a totalitarian government. In 2012, we must be careful that Big Business does not take the place of Big Brother.”


At press time, Apple Inc. officials had not responded to a request for comment.


http://www.theprovin...l#ixzz2AqGzGBQO

Here is the supporting materials:

Dr. Kim Rossmo:
http://www.scribd.co...s-vs-Apple-case

Francis Graf, a Digital Forensics Examiner:
http://www.scribd.co...s-vs-Apple-case

Eric Smith, an Information Security and Networking Systems Admnistration expert:
http://www.scribd.co...s-vs-Apple-case

Dr. Michael Elterman, a Clinical and Forensic Psychologist:
http://www.scribd.co...s-vs-Apple-case

Edited by Wetcoaster, 30 October 2012 - 08:15 PM.

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To err is human - but to really screw up you need a computer.

Always listen to experts. They'll tell you what can't be done and why. Then do it.

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#2 Dazzle

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Posted 30 October 2012 - 08:33 PM

I'd like to see the tracking devices actually being used for stolen/lost Ipod Touches.

My home address was in one of the internet browser windows, via Google Maps.

Person could have definitely returned it at said address but obviously chose to keep it for himself/herself.

Edited by Dazzle, 30 October 2012 - 08:35 PM.

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#3 nux4lyfe

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Posted 30 October 2012 - 08:39 PM

She won't see a penny, Money talks.
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#4 Five For Fighting

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Posted 30 October 2012 - 08:46 PM

Or she could turn off location services...
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#5 Wetcoaster

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Posted 30 October 2012 - 08:49 PM

Or she could turn off location services...

It is not that simple. Check out the expert reports that I linked.
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To err is human - but to really screw up you need a computer.

Always listen to experts. They'll tell you what can't be done and why. Then do it.

Quando Omni Flunkus Moritati

Illegitimi non carborundum.

Never try to teach a pig to sing - it wastes your time and annoys the pig.

#6 Dellins

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Posted 30 October 2012 - 09:35 PM

Why won't it read!?

Edited by Dellins, 30 October 2012 - 09:56 PM.

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#7 Ghostsof1915

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Posted 30 October 2012 - 09:37 PM

People in Texas are freaking out over UN observers for their elections
http://thehill.com/b...ction-observers

or
UAV's in US airspace

http://www.bbc.co.uk...nology-20139093

and we're getting RFID chips in our Passports as of July 1st, 2013
http://www.ppt.gc.ca...ang=eng&id=q810


And she's worried about Apple?

Edited by Ghostsof1915, 30 October 2012 - 09:38 PM.

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#8 cadillaccts

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Posted 30 October 2012 - 09:38 PM

Where do I sign up?
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#9 Butters Stoch

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Posted 30 October 2012 - 10:25 PM

Sounds like somebody's been cheating on her husband
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#10 MoneypuckOverlord

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Posted 30 October 2012 - 10:45 PM

anyone using an iphone can you answer me this question.


Can this feature be disabled as in, your phone can't be tracked? Thanks. Like an on off switch. I'm curious. Thanks.

Right now it's

“Ladas is concerned that, without her permission, anyone with moderate computer knowledge can find out where she’s been,”


Well, at any given moment, we can be tracked without knowing right? So maybe I can sue Nokia's symbian maybe?

Edited by MoneypuckOverlord, 30 October 2012 - 10:46 PM.

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Players Nikolaj Ehlers have been compared too by the fan base of the Vancouver Canucks.

 

1 Pavel Bure

2 Markus Naslund

3 Nathan Mackkinon

4 Jonathan Drouin.

5 Jonathan Tavares

 

http://bleacherrepor...d-top-prospects

combine results.  Ehlers 5'11 162 lbs of solid rock.  


#11 MoneypuckOverlord

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Posted 30 October 2012 - 10:51 PM

Also how in the world did she go and find the following people?

Dr. Kim Rossmo:

Francis Graf, a Digital Forensics Examiner:

Eric Smith, an Information Security and Networking Systems Admnistration expert:

Dr. Michael Elterman, a Clinical and Forensic Psychologist:

like how the hell did she even know where to start? Forensic Psychologist? WTF!!! hahahahahahahah this seems more like a set up between the 5 people. Also how the hell did they even find that information? Even my friend who is a program developer wouldn't know how to do this.
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Players Nikolaj Ehlers have been compared too by the fan base of the Vancouver Canucks.

 

1 Pavel Bure

2 Markus Naslund

3 Nathan Mackkinon

4 Jonathan Drouin.

5 Jonathan Tavares

 

http://bleacherrepor...d-top-prospects

combine results.  Ehlers 5'11 162 lbs of solid rock.  


#12 GoaltenderInterference

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Posted 30 October 2012 - 11:06 PM

anyone using an iphone can you answer me this question.


Can this feature be disabled as in, your phone can't be tracked? Thanks. Like an on off switch. I'm curious. Thanks.

Right now it's



Well, at any given moment, we can be tracked without knowing right? So maybe I can sue Nokia's symbian maybe?


I think that you'd have to have jailbroken your iPhone/iPod/iPad to get to the "consolidated.db" file to delete it.

Edited by GoaltenderInterference, 30 October 2012 - 11:06 PM.

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#13 goalie13

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Posted 30 October 2012 - 11:47 PM

Isn't it common knowledge that these devices have this capability? So if she didn't want the risk of being tracked, she could have simply not purchased the device.
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#14 MoneypuckOverlord

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Posted 30 October 2012 - 11:51 PM

I thougth that service is only available if you purchased it right?

I recall when I was with my friend purchasing 3 ipads, the sales rep asked me if I wanted the tracking feature, which can help me locate the ipad??? So if she didn't purchase this it wouldn't be a problem right?
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Players Nikolaj Ehlers have been compared too by the fan base of the Vancouver Canucks.

 

1 Pavel Bure

2 Markus Naslund

3 Nathan Mackkinon

4 Jonathan Drouin.

5 Jonathan Tavares

 

http://bleacherrepor...d-top-prospects

combine results.  Ehlers 5'11 162 lbs of solid rock.  


#15 hockeyville88

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Posted 31 October 2012 - 12:06 AM

Apple must see a million of these lawsuits and they probably have a ready-to-go team of elite lawyers who have all their defences at the ready. Doubt anything will come of this.
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#16 MoneypuckOverlord

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Posted 31 October 2012 - 12:22 AM

Apple must see a million of these lawsuits and they probably have a ready-to-go team of elite lawyers who have all their defences at the ready. Doubt anything will come of this.


I agree. Just like when we actually sign up for facebook, in the agreement it actually sais that facebook will share and give your private information away at anytime anywhere and any place! It's right in the agreement.

Apple probably has something hidden in the fine print, that will protect their asses from stuff like this eg (we are not responsible for your safety and well being etc etc etc)
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Players Nikolaj Ehlers have been compared too by the fan base of the Vancouver Canucks.

 

1 Pavel Bure

2 Markus Naslund

3 Nathan Mackkinon

4 Jonathan Drouin.

5 Jonathan Tavares

 

http://bleacherrepor...d-top-prospects

combine results.  Ehlers 5'11 162 lbs of solid rock.  


#17 Wetcoaster

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Posted 31 October 2012 - 12:35 AM

Also how in the world did she go and find the following people?

Dr. Kim Rossmo:

Francis Graf, a Digital Forensics Examiner:

Eric Smith, an Information Security and Networking Systems Admnistration expert:

Dr. Michael Elterman, a Clinical and Forensic Psychologist:

like how the hell did she even know where to start? Forensic Psychologist? WTF!!! hahahahahahahah this seems more like a set up between the 5 people. Also how the hell did they even find that information? Even my friend who is a program developer wouldn't know how to do this.

I would assume that the law firm handling the suit would have located the experts and commissioned the reports - SOP for law firms. I have done similar things with products liability claims.
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To err is human - but to really screw up you need a computer.

Always listen to experts. They'll tell you what can't be done and why. Then do it.

Quando Omni Flunkus Moritati

Illegitimi non carborundum.

Never try to teach a pig to sing - it wastes your time and annoys the pig.

#18 Wetcoaster

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Posted 31 October 2012 - 12:58 AM

I agree. Just like when we actually sign up for facebook, in the agreement it actually sais that facebook will share and give your private information away at anytime anywhere and any place! It's right in the agreement.

Apple probably has something hidden in the fine print, that will protect their asses from stuff like this eg (we are not responsible for your safety and well being etc etc etc)

As I understand the issue it was not disclosed and the data is saved to a secret file. I recall several articles on this issue last year. The function became active without disclosure with the IOS 4 operating system update.


Security researchers have discovered that Apple's iPhone keeps track of where you go – and saves every detail of it to a secret file on the device which is then copied to the owner's computer when the two are synchronised.

The file contains the latitude and longitude of the phone's recorded coordinates along with a timestamp, meaning that anyone who stole the phone or the computer could discover details about the owner's movements using a simple program.

For some phones, there could be almost a year's worth of data stored, as the recording of data seems to have started with Apple's iOS 4 update to the phone's operating system, released in June 2010.


http://www.guardian....s-privacy-fears

Also:


Pete Warden and Alasdair Allan, a pair of security researchers, have made a discovery about Apple Inc.'s (AAPL) popular iPhone and iPad devices. According to an in depth study they performed, Apple not only tracks its iPhone and iPad users' every move, but it stores that information in a local file.


According to the researchers, the feature popped up with the release of iOS 4.


It has been known for some time that the iPhones collect data on their user's position and uses it to target iAds at them. Apple had received a great deal of criticism for doing that. But nobody knew just how far Apple had gone in violating its users’ privacy -- until now.


The file is found in both iPad and iPhone. It even transfers when users purchase a new device.

http://www.guardian....s-privacy-fears

And according to various reports I have read there is nothing in the terms and conditions (T&C) agreements for these devices that would authorize Apple to collect data, store it and move it from device to device although the I-Tunes T&C has a clause that might be construed as applicable.

One reason to file in Canada is that our case law is moving towards finding a constitutionally entrenched right to privacy and out federal and provincial privacy of date laws are more robust that the US.

Back in 2010 there was concern about Apple gathering location based data and at the time Apple wrote the US Congress that it would not be doing this without a customer's express consent.
http://www.pcmag.com...,2366664,00.asp

However it seems Apple did not make good on that undertaking to Congress.
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To err is human - but to really screw up you need a computer.

Always listen to experts. They'll tell you what can't be done and why. Then do it.

Quando Omni Flunkus Moritati

Illegitimi non carborundum.

Never try to teach a pig to sing - it wastes your time and annoys the pig.

#19 Pouria

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Posted 31 October 2012 - 12:59 AM

Apple must see a million of these lawsuits and they probably have a ready-to-go team of elite lawyers who have all their defences at the ready. Doubt anything will come of this.


Well, Apple is definitely an expert in these things. What with suing Samsung, HTC, google and what not. They sue and they defend very well so this would just be practice for them.
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#20 n00bxQb

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Posted 31 October 2012 - 01:09 AM

Apple almost 29 years ago:


Now they're big brother.
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#21 Jägermeister

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Posted 31 October 2012 - 01:20 AM

We shouldn't speak ill of Apple!
They're probably watching us right now... :ph34r:
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#22 Mr. Ambien

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Posted 31 October 2012 - 07:48 AM

After the CarrierIQ fiasco with Android and iOS phones, this doesn't surprise me in the least bit.

To me the most damning information comes from Eric Smith between pages 18 and 27.

In there it shows embedded into the Apple software is unique MAC address tracking software that in very short intervals uploads MAC and geolocation information to an apple server, which can easily be used, with the graphs, to quickly personally identify someone, which connection they are using, then track their most travelled to location, determining their "most frequently" travelled location, in turn finding out where they live, where they work -- whatever uses this information can have is unlimited but most worrisome is using that for criminal purposes (especially both that information and data relay getting into the wrong hands). Funny that they automatically bypass security functions on the phone itself to whitelist Apple on this type of data relay, something a person that doesn't know how to root a phone and analyse the data would be in the slightest bit aware of. What's also interesting is the complicit nature of cell companies in that data relayed as proven there doesn't show up on bills.

There may be some okay or indifferent with this, but this is not what I want on my phone, so I hope as much as possible is revealed so that once the uproar is finished more privacy measures can be placed.
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#23 Wetcoaster

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Posted 31 October 2012 - 01:31 PM

After the CarrierIQ fiasco with Android and iOS phones, this doesn't surprise me in the least bit.

To me the most damning information comes from Eric Smith between pages 18 and 27.

In there it shows embedded into the Apple software is unique MAC address tracking software that in very short intervals uploads MAC and geolocation information to an apple server, which can easily be used, with the graphs, to quickly personally identify someone, which connection they are using, then track their most travelled to location, determining their "most frequently" travelled location, in turn finding out where they live, where they work -- whatever uses this information can have is unlimited but most worrisome is using that for criminal purposes (especially both that information and data relay getting into the wrong hands). Funny that they automatically bypass security functions on the phone itself to whitelist Apple on this type of data relay, something a person that doesn't know how to root a phone and analyse the data would be in the slightest bit aware of. What's also interesting is the complicit nature of cell companies in that data relayed as proven there doesn't show up on bills.

There may be some okay or indifferent with this, but this is not what I want on my phone, so I hope as much as possible is revealed so that once the uproar is finished more privacy measures can be placed.

And apparently it continues with some tweaks. After Apple downplayed and sidestepped criticisms of its tracking software from IOS4, it is back again in IOS 6:


Apple has quietly enabled a mobile ads tracking system in iOS 6, with unique per-device identifiers that provide advertisers with more user information than ever before. Having blocked developers from using UDID codes – device-specific codes that could be monitored to see if adverts led to app downloads – Apple replaced the unofficial functionality with an official version, IFA/IFDA (Identifier For Advertising) that comes automatically set active, Business Insider reports.

http://www.slashgear.com/apple-quietly-turns-on-ios-6-iphone-advert-tracking-12251611/
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To err is human - but to really screw up you need a computer.

Always listen to experts. They'll tell you what can't be done and why. Then do it.

Quando Omni Flunkus Moritati

Illegitimi non carborundum.

Never try to teach a pig to sing - it wastes your time and annoys the pig.

#24 unknown33429

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Posted 31 October 2012 - 09:57 PM

Lol...the only people that win class action lawsuits are lawyers.....the most she can recover is her cost of her apple products, which is not worth the hassle of actually pursuing this lawsuit..

...why are people sooo stupid????

Edited by unknown33429, 31 October 2012 - 09:58 PM.

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Are you CRAZY??? Trade Green for ONE first round pick?? He's restricted after this season.... He WILL get an offer sheet for 7-8 million from a number of teams regardless if he plays another minute for us or not. That offer sheet would be worth 4 first round draft choices.


Some fans overrate their players, and then there is this guy.

#25 MoneypuckOverlord

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Posted 31 October 2012 - 10:24 PM

What is exactly is she suing for? What does she want out of this? Cause if feels shes in danger, she can just not use the iphone, or.... she can use a phone that is pre 2006.

Apple Lawyers.
"Ms Ladas. If you were so concerned about your safety, did you make any attempt to contact apple? As I am aware we have XXX stores in your area. Also why didn't you just simply "stop" using the phone. We have just a little under 200 million iphone users across the planet, and we have yet to be sued for something like this.."

Apple can also use.

"Out of the 180 million iphone owners across the planet,we have 0 complaints about their phone or information being stolen."

Amada Ladas is in for a huge surprise, when Apple embarrases her.

Apple probably has like at least 50 counter arguements. It's kinda sad the lawyers posted the doucements too. It just gives apple time to prepare everything.
"

Edited by MoneypuckOverlord, 31 October 2012 - 10:29 PM.

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Players Nikolaj Ehlers have been compared too by the fan base of the Vancouver Canucks.

 

1 Pavel Bure

2 Markus Naslund

3 Nathan Mackkinon

4 Jonathan Drouin.

5 Jonathan Tavares

 

http://bleacherrepor...d-top-prospects

combine results.  Ehlers 5'11 162 lbs of solid rock.  


#26 Ghostsof1915

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Posted 01 November 2012 - 12:25 PM

As George Carlin pointed out we don't have rights. We have privileges.

http://en.wikipedia....dian_internment

How can we have rights when they can just be taken away?

The Canadian Government just passed laws saying you can't wear masks in a riot. Well what is a riot?
If a crowd of people get together and protest wearing Guy Fawkes masks can you be arrested?



I think we have bigger concerns in regards to our freedoms.

http://www.cbc.ca/ne...rials-vote.html

Edited by Ghostsof1915, 01 November 2012 - 12:26 PM.

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#27 Wetcoaster

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Posted 01 November 2012 - 01:35 PM

Lol...the only people that win class action lawsuits are lawyers.....the most she can recover is her cost of her apple products, which is not worth the hassle of actually pursuing this lawsuit..

...why are people sooo stupid????

That seems unlikely.

Like virtually all product liability suits, this case will almost certainly be done on a contingency basis by legal counsel. If the case does not succeed then counsel does not get paid.
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To err is human - but to really screw up you need a computer.

Always listen to experts. They'll tell you what can't be done and why. Then do it.

Quando Omni Flunkus Moritati

Illegitimi non carborundum.

Never try to teach a pig to sing - it wastes your time and annoys the pig.

#28 Spitfire_Spiky

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Posted 01 November 2012 - 01:41 PM

Hopefully she wins and then I'll claim something just because I have an iPhone lol
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#29 Wetcoaster

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Posted 01 November 2012 - 02:11 PM

What is exactly is she suing for? What does she want out of this? Cause if feels shes in danger, she can just not use the iphone, or.... she can use a phone that is pre 2006.

Apple Lawyers.
"Ms Ladas. If you were so concerned about your safety, did you make any attempt to contact apple? As I am aware we have XXX stores in your area. Also why didn't you just simply "stop" using the phone. We have just a little under 200 million iphone users across the planet, and we have yet to be sued for something like this.."

Apple can also use.

"Out of the 180 million iphone owners across the planet,we have 0 complaints about their phone or information being stolen."

Amada Ladas is in for a huge surprise, when Apple embarrases her.

Apple probably has like at least 50 counter arguements. It's kinda sad the lawyers posted the doucements too. It just gives apple time to prepare everything.
"

According to reports she is suing on the basis that Apple has “engaged in deceptive acts or practices” ( I would assume under BC consumer protection law - (BCPC) -The Business Practices and Consumer Protection Act) that entitle her and anyone who joins the suit “to aggravated, punitive and/or exemplary damages.”

The statutory definition in the BCPC seems applicable as pleaded:

"deceptive act or practice" means, in relation to a consumer transaction,

(a) an oral, written, visual, descriptive or other representation by a supplier, or

(b) any conduct by a supplier

that has the capability, tendency or effect of deceiving or misleading a consumer or guarantor;

...
(2) A deceptive act or practice by a supplier may occur before, during or after the consumer transaction.


Also in BC we have the Privacy Act and we were the first Commonwealth jurisdiction to enact such protection and we have been followed by a number of others. Remember this is not the US of A and our courts take privacy violations seriously as mandated by law.

1 (1) It is a tort, actionable without proof of damage, for a person, wilfully and without a claim of right, to violate the privacy of another.


(2) The nature and degree of privacy to which a person is entitled in a situation or in relation to a matter is that which is reasonable in the circumstances, giving due regard to the lawful interests of others.


(3) In determining whether the act or conduct of a person is a violation of another's privacy, regard must be given to the nature, incidence and occasion of the act or conduct and to any domestic or other relationship between the parties.


(4) Without limiting subsections (1) to (3), privacy may be violated by eavesdropping or surveillance, whether or not accomplished by trespass.


This would be in the category of a statutory tort.

Also we have another wide ranging piece of legislation that applies to privacy of information as it applies to private organizations, including corporations doing business in BC - the PERSONAL INFORMATION PROTECTION ACT. Note this foundation principle that pushes aside technical defences:

4 (1) In meeting its responsibilities under this Act, an organization must consider what a reasonable person would consider appropriate in the circumstances.


And as far as the a purported defence of consent by a consumer that is also significantly limited by law:

7 (1) An individual has not given consent under this Act to an organization unless

(a) the organization has provided the individual with the information required under section 10 (1), and

(b) the individual's consent is provided in accordance with this Act.

(2) An organization must not, as a condition of supplying a product or service, require an individual to consent to the collection, use or disclosure of personal information beyond what is necessary to provide the product or service.

(3) If an organization attempts to obtain consent for collecting, using or disclosing personal information by

(a) providing false or misleading information respecting the collection, use or disclosure of the information, or

(b) using deceptive or misleading practices

any consent provided in those circumstances is not validly given.

...

10 (1) On or before collecting personal information about an individual from the individual, an organization must disclose to the individual verbally or in writing

(a) the purposes for the collection of the information, and

(b) on request by the individual, the position name or title and the contact information for an officer or employee of the organization who is able to answer the individual's questions about the collection.


(2) On or before collecting personal information about an individual from another organization without the consent of the individual, an organization must provide the other organization with sufficient information regarding the purpose of the collection to allow that other organization to determine whether the disclosure would be in accordance with this Act.


(3) This section does not apply to a collection described in section 8 (1) or (2).


11 Subject to this Act, an organization may collect personal information only for purposes that a reasonable person would consider appropriate in the circumstances and that

(a) fulfill the purposes that the organization discloses under section 10 (1), or

(b) are otherwise permitted under this Act.


Based upon numerous reports and Apple's own earlier admissions to the US Congress in 2009 it appears that Apple has never met these statutory requirements.

So it seems in BC this action appears well-founded and Apple may not have the ability to resort to defences that might have been available in the US of A. This is BC.
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#30 Offensive Threat

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Posted 01 November 2012 - 10:39 PM

The possibility of Apple receiving a black eye from this and customers losing faith in their products, especially the iPhone, is far more damaging to them than the actual payout of any class action suit. Apple is the worlds largest company ( by market cap) because of the perception of their products being superior to the lower priced competition. But perception can be swayed and competition is only getting fiercer.
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