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Apple, Motorola, carriers join parties sued over Carrier IQ

updated 12:45 pm EST, Mon December 5, 2011

Companies tracked 'without consent,' suit charges

Three lawfirms have jointly filed a class action lawsuit over Carrier IQ, according to an announcement. The suit is the broadest yet to involve the recently-exposed cellphone tracking software. Whereas a previous case was filed against just HTC, Samsung, and Carrier IQ itself, the new one also brings in Apple and Motorola, plus US cellular carriers AT&T, Sprint, and T-Mobile. Carrier IQ is excluded.

All seven named companies are accused of violating the Federal Wiretap Act, the Stored Electronic Communications Act, and the Federal Computer Fraud and Abuse Act. "The carriers and manufacturers last month were caught willfully violating customers' privacy rights in direct violation of federal law," part of a press release reads. "A technology blogger in Connecticut discovered last month that software designed and sold by California-based Carrier IQ, Inc. was secretly tracking personal and sensitive information of the cell phone users without the consent or knowledge of the users. On Nov. 30, 2011, the United States Senate Committee on the Judiciary said in a letter to Carrier IQ that 'these actions may violate federal privacy laws.' It added, 'this is potentially a very serious matter.'"

The specific firms involved are Sianni & Straite, of Wilmington, Delaware, and two outfits from New Jersey, Keefe Bartels and Eichen Crutchlow Zaslow & McElroy. The complaint is being handled through a federal court in Wilmington.

Some of the parties involved in the Carrier IQ scandal have tried to deflect blame. Both Carrier IQ and Android platform creator Google have tried to shift attention to phone makers and carriers. One carrier, T-Mobile, may allegedly be installing Carrier IQ on devices without phone makers' participation.



By Electronista Staff
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Comments

  1. rvhernandez

    Fresh-Faced Recruit

    Joined: Apr 2005

    -2

    Lawyer$

    Looking for money. Seriously, this is ridiculous...

  1. Flying Meat

    Dedicated MacNNer

    Joined: Jan 2007

    -1

    This, if I were king,

    would get thrown out now. Obvious money play. Apple should file for, and be granted, a separate hearing.

  1. lamewing

    Dedicated MacNNer

    Joined: Aug 2004

    0

    Money play, but

    The only people to make a profit on this are the lawyers, BUT in this case I feel these companies ALL should be sued for their actions.

  1. testudo

    Forum Regular

    Joined: Aug 2001

    +2

    blame

    I can see how Google can blame others, since the software isn't part of their default OS. But Carrier IQ themselves? Come on, like we're supposed to believe they had no hand in this? "Um, sure your honor. We sold them the software and all, and we received all the data, but we had no idea that they would use it in such a manner. We thought they got permission!"

  1. testudo

    Forum Regular

    Joined: Aug 2001

    +2

    Re: This, if I were king,

    would get thrown out now. Obvious money play. Apple should file for, and be granted, a separate hearing.

    Why? Because they're apple, so they're special? Sorry, they are in the same boat as everyone else.

  1. testudo

    Forum Regular

    Joined: Aug 2001

    +2

    Re: Lawyer$

    Looking for money. Seriously, this is ridiculous...

    Maybe you missed the news, but this is actually one of the valid reasons for class-action lawsuits. You think politicians are enough to scare these guys into changing their schemes? Bah!

    If it weren't for the largeness of these lawsuits, big corporations would not have any accountability whatsoever.

    So whine about someone making money, but what isn't about money? Apple makes ipods and ipads to make money. Lawyers sue to make money. Other lawyers defend to make money. ATT sells phone, data, and texting services to make money.

    Yet the only one that apparently is allowed to make money is Apple. Lawyers are scum suing everyone over everything. ATT sells services for ridiculous prices, even though it should all be free. Yadda, yadda, yadda.

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