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Apple sued in Class Action lawsuit over AirTags
Posted: Fri Dec 09, 2022 3:06 pm
by glennds
I heard this week about a new class action lawsuit brought by two California women against Apple. Apparently both women were stalked by former partners. In one case the ex hid the AirTag in the wheel well of the woman's car, and in the other case the AirTag was hidden in a child's backpack. There have been lots of stalking reports involving AirTags but this is the first time Apple is being sued as far as I know.
Among several allegations in the lawsuit are claims that Apple breached the plaintiff's privacy, violated state privacy laws, engaged in deceitful marketing by leading the public to believe AirTags are safe, and committed gross negligence. If successful, this could mean the end of the AirTag. I hope not, I think the AirTag is a great device, with lots of legitimate applications, the obvious being locating lost personal belongings. I attached one to my carry on bag that I am completely capable of losing in an airport or on a train.
What do you think? Is Apple effectively enabling bad actors who use their devices in nefarious ways? Does it seem right that we might all lose access to AirTags because of a few bad apples?
Is it enough that Apple does send a notification to your phone that an unfamiliar AirTag has been detected nearby? Adding that feature was their first response to stalking reports soon after the product was launched.
One good thing that could come out of a lawsuit like this is more visibility into Apple's privacy practices and their handling of the tracking data they invariably have on every iPhone and AirTag user.
Re: Apple sued in Class Action lawsuit over AirTags
Posted: Fri Dec 09, 2022 3:38 pm
by Mountaineer
glennds wrote: ↑Fri Dec 09, 2022 3:06 pm
I heard this week about a new class action lawsuit brought by two California women against Apple. Apparently both women were stalked by former partners. In one case the ex hid the AirTag in the wheel well of the woman's car, and in the other case the AirTag was hidden in a child's backpack. There have been lots of stalking reports involving AirTags but this is the first time Apple is being sued as far as I know.
Among several allegations in the lawsuit are claims that Apple breached the plaintiff's privacy, violated state privacy laws, engaged in deceitful marketing by leading the public to believe AirTags are safe, and committed gross negligence. If successful, this could mean the end of the AirTag. I hope not, I think the AirTag is a great device, with lots of legitimate applications, the obvious being locating lost personal belongings. I attached one to my carry on bag that I am completely capable of losing in an airport or on a train.
What do you think? Is Apple effectively enabling bad actors who use their devices in nefarious ways? Does it seem right that we might all lose access to AirTags because of a few bad apples?
Is it enough that Apple does send a notification to your phone that an unfamiliar AirTag has been detected nearby? Adding that feature was their first response to stalking reports soon after the product was launched.
One good thing that could come out of a lawsuit like this is more visibility into Apple's privacy practices and their handling of the tracking data they invariably have on every iPhone and AirTag user.
Sounds like the same type of people who sue for most any reason rather than take personal responsibility for their knowledge (e.g. failure to do homework) and actions related to products they choose purchase (and should maintain control over). The list of blaming a properly manufactured object and/or object maker is endless: cars, guns, forks, knives, ball bats, ........
Re: Apple sued in Class Action lawsuit over AirTags
Posted: Fri Dec 09, 2022 4:50 pm
by Xan
Mountaineer wrote: ↑Fri Dec 09, 2022 3:38 pmSounds like the same type of people who sue for most any reason rather than take personal responsibility for their knowledge (e.g. failure to do homework) and actions related to products they choose purchase (and should maintain control over). The list of blaming a properly manufactured object and/or object maker is endless: cars, guns, forks, knives, ball bats, ........
The Apple case might be a bit more complicated because they actively manage this tracking network, and it could be argued were participating in the stalking.
Here's another wrinkle: the Apple airtag network makes use of the phones of random other Apple phone owners. These people might also be liable. They've contracted with this spy network to enable stalking.
Re: Apple sued in Class Action lawsuit over AirTags
Posted: Fri Dec 09, 2022 4:52 pm
by yankees60
Mountaineer wrote: ↑Fri Dec 09, 2022 3:38 pm
Sounds like the same type of people who sue for most any reason rather than take personal responsibility for their knowledge (e.g. failure to do homework) and actions related to products they choose purchase (and should maintain control over). The list of blaming a properly manufactured object and/or object maker is endless: cars, guns, forks, knives, ball bats, ........
It is not so black and white. Culpability can be on either side. It's like manufacturers / companies provide products with consumer safety / best interests being their top priority. We all know that it is, for the most part, whatever is going to prove most profitable to them.
Re: Apple sued in Class Action lawsuit over AirTags
Posted: Fri Dec 09, 2022 10:52 pm
by glennds
Xan wrote: ↑Fri Dec 09, 2022 4:50 pm
Mountaineer wrote: ↑Fri Dec 09, 2022 3:38 pmSounds like the same type of people who sue for most any reason rather than take personal responsibility for their knowledge (e.g. failure to do homework) and actions related to products they choose purchase (and should maintain control over). The list of blaming a properly manufactured object and/or object maker is endless: cars, guns, forks, knives, ball bats, ........
The Apple case might be a bit more complicated because they actively manage this tracking network, and it could be argued were participating in the stalking.
Here's another wrinkle: the Apple airtag network makes use of the phones of random other Apple phone owners. These people might also be liable. They've contracted with this spy network to enable stalking.
Agree on both points, but your second point is a particularly interesting one. It also raises a question of whether iPhone users ought to consent before their phones are used as repeaters in the network supporting AirTags and whatever else.
EDIT: For all I know all users have already consented to tracking and all manner of secondary device uses in the Terms of Service.
Re: Apple sued in Class Action lawsuit over AirTags
Posted: Sat Dec 10, 2022 4:40 pm
by dualstow
glennds wrote: ↑Fri Dec 09, 2022 3:06 pm
Is it enough that Apple does send a notification to your phone that an unfamiliar AirTag has been detected nearby? Adding that feature was their first response to stalking reports soon after the product was launched.
I have to think that goes a a long way. I was going to buy Tile for my parents and support the small guy, but I decided recently to go with Apple, in part, because they make use of the stranger network that Xan referenced.
I have a free scanner app on my Android phone that I activate once in a while just out of curiosity and to see how popular tags are. Especially when I’m in a car.
If AirTags didn’t exist, stalker ex-boyfriends could still use lo-jack or any number of devices and I guess/hope that is what the judge will decide. You can’t stop useful technology like this any more than you can stop phone cameras.