Apple Patenting Invasive Privacy Violations

[NightLad]

In another bid to control who, how, when and where you can use the device you paid for, Apple Inc. is taking a shockingly brutal approach to eroding consumer privacy.

Just some highlights:

* The system can take a picture of the user's face, "without a flash, any noise, or any indication that a picture is being taken to prevent the current user from knowing he is being photographed";
* The system can record the user's voice, whether or not a phone call is even being made;
* The system can determine the user's unique individual heartbeat "signature";
* To determine if the device has been hacked, the device can watch for "a sudden increase in memory usage of the electronic device"; ("jailbreaking" was ruled legal in the US, but Apple is still out to punish users who decide to switch providers)
* The user's "Internet activity can be monitored or any communication packets that are served to the electronic device can be recorded"; and
* The device can take a photograph of the surrounding location to determine where it is being used.

Read more here: https://www.***.org/deeplinks/2010/08/steve-jobs-watching-you-apple-seeking-patent-0

On that note, I'm getting a Sony Walkman E-Series. It supports the iTunes store, but it also features drag-and-drop without the need to use any type of applications.

 

[Schick_Fan]

I'm glad I don't buy Apple products. They'll probably sell this information to marketers in order to make a quick buck.

 

[Loric]

Can you imagine if you as a private citizen were to do this kind of thing in a strangers house? You would be put in jail for life. Its garbage that they can do it.

 

[luvmysuper]

iToldYouSo

 

[sffone]

Corporate invasion of our privacy is getting increasingly common. And I bet it's even far more pervasive than we think. I'm afraid the era of Big Brother is here!

 

[raisindot]

I just find the idea that Googleviews posts photos of my house for anyone to see scary. No more going to get the paper Tony Soprano style!



Jeff in Boston

 

[mouscacha]

Look up RFID. That's just as scary!

 

[furious1]

Apple bashing on B&B, really? I'm ok with *** as much as I am any fringe group that decides to "protect" my rights from big govt., big business, big pharma, big agri-business, or Bigfoot.

I read the link provided in the article to a summary of the patent, and while I suppose the technology *could* be used to track you--the same as gps in current cellphones made by almost any company not just Apple--the stated purpose seems to be to allow you to get your device back after it is stolen. After plunking down $1500 for a new MacBook(1) or even $200 for a new iPhone I might want such a feature. *** took the patent, filtered it through their sieve of "freedom" and boom, it becomes a way of tracking YOU.

Also, for those of you wearing tinfoil hats, just because a patent is applied for does not mean such technology will ever see the light of day.

There is real egoism in these conspiracy theories on the fear of invasion of privacy that seem to follow the introduction of any new technology (back to telephones and televisions). Yes, YOU are so important that Steve Jobs wants to watch you shop at Walmart, shave with your DE, go to Starbucks, have dinner with the fam at Olive Garden. In these days of high unemployment, financial worry, and cultural fragmentation, it is understandable why people want to feel special and meaningful to something larger. Frankly, I'm not so sure I do much that would be of interest, even to law enforcement.

I feel as though Apple always gets attacked for their supposed "big brother" mentality because it is harder to attack their hardware/software. And, they are a bit secretive, so I do think they bring it on themselves in a way, perhaps purposefully, as part of their cult-like image. But they are still a small segment of the computer market, and I think most hard-core Apple acolytes would love to have Steve Jobs watch them all day

(1)which I would, because as an average computer-literate person Macs have been better, faster, and less trouble-prone than any PC I owned. I'm sure if I could build my own system and hang out on forums figuring out the best configurations, it might be different, but, you know, I have a job and a girlfriend, like most Mac users.

And yes, I know, I'm being short-sighted. I'm screwed when Obama turns out really to be a Muslim, we go to war with undocumented workers, and my Mac products tell the enemy where to find me. I have no gold under my mattress or even firearms. I don't think I'd be happy in a post-apocalyptic world, to tell you the truth.

 

[NightLad]

Draw whatever conclusions you like and I will do the same.

I base my opinions on the quotes Apple Inc. wrote in the patent application.

 

[Uncle Erik]

I'll worry if they actually implement this.

By the way, Microsoft and others aren't much better. If you really want to lock things down, run Linux.

 

[BladeRunner001]

In another bid to control who, how, when and where you can use the device you paid for, Apple Inc. is taking a shockingly brutal approach to eroding consumer privacy.

Just some highlights:

* The system can take a picture of the user's face, "without a flash, any noise, or any indication that a picture is being taken to prevent the current user from knowing he is being photographed";
* The system can record the user's voice, whether or not a phone call is even being made;
* The system can determine the user's unique individual heartbeat "signature";
* To determine if the device has been hacked, the device can watch for "a sudden increase in memory usage of the electronic device"; ("jailbreaking" was ruled legal in the US, but Apple is still out to punish users who decide to switch providers)
* The user's "Internet activity can be monitored or any communication packets that are served to the electronic device can be recorded"; and
* The device can take a photograph of the surrounding location to determine where it is being used.

Read more here: https://www.***.org/deeplinks/2010/08/steve-jobs-watching-you-apple-seeking-patent-0

On that note, I'm getting a Sony Walkman E-Series. It supports the iTunes store, but it also features drag-and-drop without the need to use any type of applications.

I think Google, Facebook and the like do have similar things claimed in their bid for dominance. I am not so worried about the patent claims Apple will make. Now, what they do with that information is what's going to determine the the validity and the reach of their operational capability in this regard.

As we know, most social networking sites have been under a lot of scrutiny by regulations to adhere and respect privacy. Even if you can collect such info, you can't use it unless in accordance with current legal privacy codes.

 

[Mike R.]

Apple is the new Skynet.

 

[NightLad]

As we know, most social networking sites have been under a lot of scrutiny by regulations to adhere and respect privacy. Even if you can collect such info, you can't use it unless in accordance with current legal privacy codes.

This is true. However, I believe the difference resides in the fact that I can opt-out of using certain social networking sites but such a choice is not possible when the spyware is integrated into the device itself. Especially when the user agreement can be retroactively altered to implement the changes in a future update. All the components required are already in place on most of their devices.

Personally, I think the fact that a major corporation would have the gall to even attempt to patent these forms of privacy invasion is worthy of a boycott.

I will not be replacing my old iPod. Instead, I’m picking up a Sony Walkman 16gig E-Series tomorrow morning.

 

[BladeRunner001]

This is true. However, I believe the difference resides in the fact that I can opt-out of using certain social networking sites but such a choice is not possible when the spyware is integrated into the device itself. Especially when the user agreement can be retroactively altered to implement the changes in a future update. All the components required are already in place on most of their devices.

Personally, I think the fact that a major corporation would have the gall to even attempt to patent these forms of privacy invasion is worthy of a boycott.

I will not be replacing my old iPod. Instead, I’m picking up a Sony Walkman 16gig E-Series tomorrow morning.

Good point. But remember, with privacy issues, there's always several levels of control: 1) user, and 2) regulatory. The first level is the initial that you can opt-in or out. The second is not something the user is directly involved, but is mandated through governmental agencies (international mostly since these companies operate globally).

What's claimed in the patent is the protection of intellectual property...that's the companies bread and butter. Can they really implement it (even though they may be able to collect the data)? probably not that easily

it's like say I discovered a simple method of cloning humans...I can easily patent it. Can I do it? probably not (without consequence anyway).

That's what I see as the differentiating factor between claims and implementing those claims.

What we need is a legal, regulatory input...any attorneys that have experience in these matters?...If so, we'd love to hear your input here. I have one or two I know personally...I will sure ask their views and report back too...this is a little out of my depth

 

[NightLad]

That's what I see as the differentiating factor between claims and implementing those claims.

What we need is a legal, regulatory input...any attorneys that have experience in these matters?...If so, we'd love to hear your input here. I have one or two I know personally...I will sure ask their views and report back too...this is a little out of my depth

You’ve raised some excellent points. For a reference of how the company acts when legally challenged, I turn to recent history as an example:

For years, Apple Inc. stated in their user agreements that any alteration to their software was “illegal” and would result in termination of warrantee on the device.

A couple months ago the Library of Congress ruled that such claims violate the law. Now, this was not a simple matter of ruling against a company’s independently established policy, but rather in defending already established law that Apple Inc. was fully aware of but chose to ignore.

In a nut-shell: tying a hardware warrantee to software is already illegal.

Furthermore, the Magnuson-Moss Warranty Act (enacted in 1975) basically states that a manufacturer cannot void a warranty because of an aftermarket replacement part unless they can prove that the part caused the failure. So simply unlocking the device to run on another network cannot legally void the entire phones warrantee, however if the unlocking went wrong and trashed it, than it would.

Apple was ignoring this law and saying that simply unlocking the devices void their entire warrantee.

Despite heavy lobbying against the Library of Congress' ruling, Apple Inc. has continued to deny warrantee claims.

Now, what does this have to do with Apple Inc.’s recent bid to patent invasive privacy violations? In my view, it is simple; they’ve demonstrated their repeated flouncing of the law, and would have zero compulsions about implementing these patents until otherwise challenged. If history is any indication, they’d probably keep them around even after ruled against. That is established the nature of the company.

So, do we send a message now, or wait until our voices and biometric readings and pictures and emails are being saved and stored without our knowledge?

The choice is in the consumers hands.

And on that note, I’m about to go buy a Sony Walkman E-Series!

 

[Robxcarlson]

I just find the idea that Googleviews posts photos of my house for anyone to see scary.


Jeff in Boston

If I walk down your street, can't I also see your house? I don't see the big deal with Google streetview.

 

[furious1]

And on that note, I’m about to go buy a Sony Walkman E-Series!

Are you doing some stealth marketing for Sony?

I'm still not sure how Apple is violating the shaky & ever shifting "right" of privacy implied by the 4th Amendment, at least as I understand it.

Of course nobody (save the rabid Apple fanboys I mentioned in my earlier post) would want a device spying on them 24/7. However, you seem to consider the patent application as fait accompli. As others have pointed out, if such devices ever see the light of day, there will most likely be ways to disable the offending features. I can turn off my iPhone's "current location" feature for example. I also contend that many people might find the features useful to some degree.

If and when such technologies are incorporated into phones, laptops, etc... I'll make up my mind on whether to purchase the product. You have now broadcast your dissatisfaction with Apple, kthx. I hope that most of us on B&B are smart enough to make choices about the consumer electronics we buy.

And, calling out Apple for skirting laws seems silly. A corporation trying to gain advantage through extra-legal means? Earth-shattering. I'm sure Sony has never done anything to offend.

 

[NightLad]

Are you doing some stealth marketing for Sony?

I'm just excited about a new toy. If I had a nickel for every post about a new brand of shaving cream somebody was about to try...

If and when such technologies are incorporated into phones, laptops, etc... I'll make up my mind on whether to purchase the product. You have now broadcast your dissatisfaction with Apple, kthx. I hope that most of us on B&B are smart enough to make choices about the consumer electronics we buy.

I'm sure they are. But people can't make informed decisions until they have the facts. Before I made this post, how many readers here at the good ol'Badger & Blade had any clue about the pending patents filed by Apple Inc.?

I had no clue until somebody passed on the info to me, and I actively keep my finger on the pulse of such developments.

Personally, I believe in a proactive approach to letting companies know how I feel. If others feel likewise, great. If you are more comfortable with a wait-and-see approach, that's your right.

 

[OriginalCrash]

I'm new to the site and am certainly not looking to make any enemies, and if I am mistaken, I welcome a little further education and information... But as someone who tries to keep quite up to date on technology, this is how I understood the whole Library of Congress decision as it pertains to Apple...

Jailbreaking was previously a grey area in regards to the law, i.e. no one really knew if it was legal or not, as there weren't any clear cut decisions yet made about it. I don't know for sure about Apple saying it was "illegal," but they did (and still do) state that doing so would void the warranty... To my knowledge, there is no law against their doing that. The recent LoC decision made it clear that jailbreaking (or rooting... in the case of Android phones) is legal, both for the end-user and the programmer/developer/hacker doing the code for it. As such, it's now clear... You have every right to jailbreak your iPhone. However, I don't know of anything (in either the LoC decision or law) that says Apple can't still claim doing so voids the warranty... After all, companies set terms and conditions for their warranties all the time. I'm not trying to be an Apple "fanboy;" just trying to share my understanding of the situation. After all, Apple is far from what I would call friendly with the open developer community. They're secretive and often even shady... But I don't know that they've really stepped out into the realm of outright illegal activity or invasion of privacy (as it's protected by law, not necessarily how we want it protected). But if I'm mistaken, by all means, show me how...

In the interest of full disclosure, I do have an iPhone 4... and it is jailbroken.

Also, as far as invasion of privacy goes, I'm much more worried by the recent Ninth Circuit Court's decision that a tracking device could be placed on your car parked in your driveway without your knowledge or a warrant. I have little to no expectation of privacy on my driveway... it's in plain view to the public. But I do expect for just anyone (including law enforcement) not to be able to walk right onto it without my consent or permission. I realize people do that all the time (UPS, etc.), but if it came down to it and I instructed UPS to not do so and to leave my packages on the curb or make arrangements for me to pick up the package, I'd expect that to be honored. It may be in view of public space, but a driveway is still private property... and as such, I can't agree with the decision that it can just be waltzed all over without a warrant.

 

[mretzloff]

I feel honored that Steve Jobs would want to spy on me. Maybe he will see me browsing Badger & Blade and start DE shaving. Muahaha! I win

If I walk down your street, can't I also see your house? I don't see the big deal with Google streetview.

You should see what my fellow countrymen in Germany are saying about this. From all the commotion being stirred, you would think the Russians have invaded or something.