Women sue Apple claiming AirTags helped their stalkers
(2022/12/07)
- Reference: 1670370313
- News link: https://www.theregister.co.uk/2022/12/06/apple_sued_for_enabling_stalking/
- Source link:
Apple is being sued on behalf of two women who allege that the company's AirTag tracking devices violated their privacy by allowing them to be stalked.
The [1]complaint [PDF], filed in Northern California District Court in San Francisco on Monday, claims that Apple misrepresented the dangers of AirTags by calling them "stalker-proof."
The court filing observes that soon after the release of AirTags in April 2021, concerns surfaced about how the coin-sized tracking devices could be abused for harassment. Apple, it's claimed, tried to downplay those worries by dispatching executives to promote the technology.
[2]
"Apple went so far as to represent, in multiple media outlets, that AirTags are 'Stalker-Proof'," the complaint says, pointing to [3]a Fast Company April 22, 2021 article based on interviews with Apple executives, and articles referencing those interviews in [4]The Telegraph and [5]9to5Mac .
[6]
[7]
"These representations, and others, were part of an intentional, coordinated press campaign on the part of Apple, in which its executives and its publicists actively sought to portray the AirTag as a harmless – indeed 'stalker-proof' – product. Thus, not only did Apple fail to adequately disclose the risks associated with the AirTag, it affirmatively misled the public and the press as to those risks."
As far as The Register has been able to determine, the phrase "stalker-proof" has not been attributed directly to any Apple executive in any of the cited articles. The phrase appears without quotes in the Fast Company article subhead, indicating that it's an editorial construct, and within quotes by the articles citing the original interview, presumably to credit the phrase to the source interview.
[8]
Apple's executives certainly defended their technology and talked up anti-stalking features. But no one from the company is cited in the complaint or in the referenced reporting as having uttered that actual phrase on the record.
The Register asked Apple for comment but the company's public relations team is persistently non-responsive. An attorney for the plaintiffs also did not respond to a request for comment.
But when it comes to stalking itself
The complaint is more successful in making the case that AirTags have been used for stalking – an issue Apple attempted to address with technical changes [9]introduced in February 2022 .
It cites the January murder of a woman in Akron, Ohio, who [10]allegedly had been tracked via AirTag by an ex-boyfriend. The legal filing also points to an incident in Indianapolis, Indiana, in which a woman [11]allegedly hid an AirTag in her boyfriend's car and used the device to find him and run over him with her vehicle.
The lawsuit also invites the Federal Trade Commission to pay attention to Apple's technology by noting that the consumer protection agency filed suit against the data broker Kochava Inc., but has not taken similar action against Apple for enabling a similar privacy invasion.
[12]Woman accused of killing boyfriend after tracking him down with Apple AirTag
[13]Man arrested, accused of trying to track woman using Apple Watch attached to car
[14]Lufthansa bans Apple AirTags on checked bags
[15]How to reprogram Apple AirTags, play custom sounds
Of the two plaintiffs in the case, one is named: Lauren Hughes, of Travis County, Texas. The other, listed as Jane Doe, is said to reside in Kings County, New York.
The complaint describes how Hughes was stalked by a former boyfriend, who last year allegedly placed an AirTag, sealed in a plastic bag, in the wheel well of her car's left rear tire. After moving, Hughes allegedly was taunted on social media with a picture of a food truck in her new neighborhood that included a hashtag suggesting another AirTag had been used to find her.
[16]
It also outlines the unidentified plaintiff's account of being stalked and harassed via an AirTag.
"In the wake of a contentious divorce, she found her former spouse harassing her, challenging her about where she went and when, particularly when she was with the couple’s child," the complaint says. "Ms. Doe was unable to figure out how her former spouse could follow her movements so closely, until one day she found an AirTag in her child’s backpack."
As of April 2022, at least 150 police reports have been filed claiming stalking involving an AirTag, the complaint says, arguing that the actual number of such incidents is likely much higher.
The lawsuit seeks recognition as a class action representing everyone in the US tracked without consent by an AirTag. It alleges violations of the Children's Internet Protection Act (CIPA) and California’s Constitutional Right to Privacy, and business laws in California and New York. It also accused Apple of acts of negligence, negligence per se, intrusion-upon-seclusion, and product liability. ®
Get our [17]Tech Resources
[1] https://storage.courtlistener.com/recap/gov.uscourts.cand.404759/gov.uscourts.cand.404759.1.0.pdf
[2] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2Y5Ad9d5CO-AWh3xtoA@aXgAAANQ&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[3] https://www.fastcompany.com/90628073/apple-airtag-privacy-security
[4] https://techtelegraph.co.uk/airtag-is-stalker-proof-even-with-android-users/
[5] https://9to5mac.com/2021/04/22/apple-execs-explain-how-airtag-is-stalker-proof-and-whether-you-should-use-it-to-track-pets/
[6] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44Y5Ad9d5CO-AWh3xtoA@aXgAAANQ&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[7] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33Y5Ad9d5CO-AWh3xtoA@aXgAAANQ&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[8] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44Y5Ad9d5CO-AWh3xtoA@aXgAAANQ&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[9] https://www.theregister.com/2022/02/11/apple_airtags_stalking/
[10] https://darik.news/ohio/family-believes-akron-mother-was-chased-before-murder/532936.html
[11] https://www.theregister.com/2022/06/14/airtag_tracking_murder_charge/
[12] https://www.theregister.com/2022/06/14/airtag_tracking_murder_charge/
[13] https://www.theregister.com/2022/03/29/apple_watch_tracking_allegations/
[14] https://www.theregister.com/2022/10/10/lufthansa_airtag_ban/
[15] https://www.theregister.com/2022/05/27/apple_airtag_sounds/
[16] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33Y5Ad9d5CO-AWh3xtoA@aXgAAANQ&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[17] https://whitepapers.theregister.com/
The [1]complaint [PDF], filed in Northern California District Court in San Francisco on Monday, claims that Apple misrepresented the dangers of AirTags by calling them "stalker-proof."
The court filing observes that soon after the release of AirTags in April 2021, concerns surfaced about how the coin-sized tracking devices could be abused for harassment. Apple, it's claimed, tried to downplay those worries by dispatching executives to promote the technology.
[2]
"Apple went so far as to represent, in multiple media outlets, that AirTags are 'Stalker-Proof'," the complaint says, pointing to [3]a Fast Company April 22, 2021 article based on interviews with Apple executives, and articles referencing those interviews in [4]The Telegraph and [5]9to5Mac .
[6]
[7]
"These representations, and others, were part of an intentional, coordinated press campaign on the part of Apple, in which its executives and its publicists actively sought to portray the AirTag as a harmless – indeed 'stalker-proof' – product. Thus, not only did Apple fail to adequately disclose the risks associated with the AirTag, it affirmatively misled the public and the press as to those risks."
As far as The Register has been able to determine, the phrase "stalker-proof" has not been attributed directly to any Apple executive in any of the cited articles. The phrase appears without quotes in the Fast Company article subhead, indicating that it's an editorial construct, and within quotes by the articles citing the original interview, presumably to credit the phrase to the source interview.
[8]
Apple's executives certainly defended their technology and talked up anti-stalking features. But no one from the company is cited in the complaint or in the referenced reporting as having uttered that actual phrase on the record.
The Register asked Apple for comment but the company's public relations team is persistently non-responsive. An attorney for the plaintiffs also did not respond to a request for comment.
But when it comes to stalking itself
The complaint is more successful in making the case that AirTags have been used for stalking – an issue Apple attempted to address with technical changes [9]introduced in February 2022 .
It cites the January murder of a woman in Akron, Ohio, who [10]allegedly had been tracked via AirTag by an ex-boyfriend. The legal filing also points to an incident in Indianapolis, Indiana, in which a woman [11]allegedly hid an AirTag in her boyfriend's car and used the device to find him and run over him with her vehicle.
The lawsuit also invites the Federal Trade Commission to pay attention to Apple's technology by noting that the consumer protection agency filed suit against the data broker Kochava Inc., but has not taken similar action against Apple for enabling a similar privacy invasion.
[12]Woman accused of killing boyfriend after tracking him down with Apple AirTag
[13]Man arrested, accused of trying to track woman using Apple Watch attached to car
[14]Lufthansa bans Apple AirTags on checked bags
[15]How to reprogram Apple AirTags, play custom sounds
Of the two plaintiffs in the case, one is named: Lauren Hughes, of Travis County, Texas. The other, listed as Jane Doe, is said to reside in Kings County, New York.
The complaint describes how Hughes was stalked by a former boyfriend, who last year allegedly placed an AirTag, sealed in a plastic bag, in the wheel well of her car's left rear tire. After moving, Hughes allegedly was taunted on social media with a picture of a food truck in her new neighborhood that included a hashtag suggesting another AirTag had been used to find her.
[16]
It also outlines the unidentified plaintiff's account of being stalked and harassed via an AirTag.
"In the wake of a contentious divorce, she found her former spouse harassing her, challenging her about where she went and when, particularly when she was with the couple’s child," the complaint says. "Ms. Doe was unable to figure out how her former spouse could follow her movements so closely, until one day she found an AirTag in her child’s backpack."
As of April 2022, at least 150 police reports have been filed claiming stalking involving an AirTag, the complaint says, arguing that the actual number of such incidents is likely much higher.
The lawsuit seeks recognition as a class action representing everyone in the US tracked without consent by an AirTag. It alleges violations of the Children's Internet Protection Act (CIPA) and California’s Constitutional Right to Privacy, and business laws in California and New York. It also accused Apple of acts of negligence, negligence per se, intrusion-upon-seclusion, and product liability. ®
Get our [17]Tech Resources
[1] https://storage.courtlistener.com/recap/gov.uscourts.cand.404759/gov.uscourts.cand.404759.1.0.pdf
[2] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2Y5Ad9d5CO-AWh3xtoA@aXgAAANQ&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[3] https://www.fastcompany.com/90628073/apple-airtag-privacy-security
[4] https://techtelegraph.co.uk/airtag-is-stalker-proof-even-with-android-users/
[5] https://9to5mac.com/2021/04/22/apple-execs-explain-how-airtag-is-stalker-proof-and-whether-you-should-use-it-to-track-pets/
[6] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44Y5Ad9d5CO-AWh3xtoA@aXgAAANQ&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[7] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33Y5Ad9d5CO-AWh3xtoA@aXgAAANQ&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[8] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44Y5Ad9d5CO-AWh3xtoA@aXgAAANQ&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[9] https://www.theregister.com/2022/02/11/apple_airtags_stalking/
[10] https://darik.news/ohio/family-believes-akron-mother-was-chased-before-murder/532936.html
[11] https://www.theregister.com/2022/06/14/airtag_tracking_murder_charge/
[12] https://www.theregister.com/2022/06/14/airtag_tracking_murder_charge/
[13] https://www.theregister.com/2022/03/29/apple_watch_tracking_allegations/
[14] https://www.theregister.com/2022/10/10/lufthansa_airtag_ban/
[15] https://www.theregister.com/2022/05/27/apple_airtag_sounds/
[16] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_onprem/personaltech&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33Y5Ad9d5CO-AWh3xtoA@aXgAAANQ&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[17] https://whitepapers.theregister.com/
DS999
Android phones can download an app to see if there is an Airtag nearby.
This is no different than someone using a Tile to stalk you, there you have to download an app on Android or iPhone to see if one is stalking you.
If someone stalks you with one of the standalone GPS tracking devices there is no app you can download, you have to search your car including the engine bay, under the seats, the wheel wells etc. etc. and there is no assurance you didn't miss it.
No iPhome ==No stalking
badflorist
It seems likely that the stalkee having an iPhone enables the stalker. Without the GPS of a phone to correlate to the tags location, there's no way you're tracking this thing past a 1/10 of a mile... and that's direct line of sight with no radio interference. There's really nothing special about a AirTag Vs. BLE anyhing. Of course you can't rule out stalkers driving up and down streets looking for pings but, at that point it's well beyond sanity so the inevitable will occur.
Re: No iPhome ==No stalking
rajivdx
Ummm... no iPhone means you can be stalked without your knowledge. The AirTag will still use the nearest available iPhone to locate and report its location. This will not be detected as stalking as the AirTag is not consistently associated with any 1 iPhone. The point you made is valid only if you live in the middle of nowhere with no iPhones for the AirTag to reach out to, but in a city you'll easily pass an iPhone on the road or public transport.
Anonymous Coward
> As far as The Register has been able to determine, the phrase "stalker-proof" has not been attributed directly to any Apple executive in any of the cited articles. The phrase appears without quotes in the Fast Company article subhead, indicating that it's an editorial construct, and within quotes by the articles citing the original interview, presumably to credit the phrase to the source interview.
Indeed.
I would be particularly keen to hear what a judge thinks about the argument that you can only effectively prevent stalking by air tag if you own an iPhone. It seems to me an American judge is more likely to consider the monopolist economic argument.