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.
Here is the supporting materials:
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:
Edited by Wetcoaster, 30 October 2012 - 08:15 PM.