ISPLA update- iPhone or iTrack

As a follow-up to ISPLA’s Hitting the Hill last week in DC regarding “Do Not Track” legislation, there seems to be no cessation of reported incidents which will tend to flame the legislative fires over privacy concerns. A press release from Rep. Edward J. Markey [D-MA-7] reveals one more issue which not only concerns Apple, but Google as well. Rep. Markey is no stranger to ISPLA’s legislative focus and has often been a strong adversary. He is aligned with privacy advocates and if he had his way we doubt professional investigators would have any means available to them to investigate the background of the subjects of our investigations.

On April 21, Congressman Markey, a senior member of the House Energy and Commerce Committee and co-Chairman of the House Bi-Partisan Privacy Caucus, sent a letter to Apple CEO Steve Jobs asking him about Apple’s data collection, storage and disclosure practices. He referred to a recent The Guardian story entitled, “iPhone Keeps Record of Everywhere You Go”, reported that Apple’s iOS 4 operating system collects customers’ location data, stores it on the user’s iPhone and iPad, backs it up when synched with another device, and could leave it unprotected. In particular, the letter asks the company about compliance with Section 222 of the Communications Act, a provision that Rep. Markey authored, that requires companies to get express authorization from their customers for use, disclosure or access to location information for commercial purposes.

“Apple needs to safeguard the personal location information of its users to ensure that an iPhone doesn’t become an iTrack,” said Rep. Markey. “Collecting, storing and disclosing a consumer’s location for commercial purposes without their express permission is unacceptable and would violate current law. That’s why I am requesting responses to these questions to better understand Apple’s data collection and storage policies to make certain sensitive information can’t be left behind for others to follow.”

In his letter, Rep. Markey asked Apple to respond to questions that include:

  • Is it accurate that Apple iPhone keeps track of where iPhone users go, saving this information to a file on the device that is then copied to the owner’s computer when the two are synchronized?
  • Did Apple intentionally develop this functionality in order to log the locations of users?
  • How does Apple collect this customer location information?
  • Does Apple use this information for any purpose?
  • Has Apple used this location information for any commercial purpose?
  • Is it possible for customers to disable this feature?
  • Given the widespread usage of iPhones and iPads by individuals under the age of 18, is Apple concerned that the wide array of precise location data logged by these devices can be used to track minors, exposing them to potential harm?

This issue was been picked up by the American print media today, including The Washington Post and Wall Street Journal. We expect that Congress will not waste much time bringing this issue before a committee hearing.

A copy of Rep. Markey’s letter to Apple can be found at:

http://markey.house.gov/apple_ios_letter_04.21.11.pdf

Rep. Markey has requested Apple respond to him by May 12.

Bruce Hulme
ISPLA Director of Government Affairs
www.ISPLA.org
“Educate to Legislate”