The Consumerist says “Apple is Watching”

A reader has pointed me to this article in The Consumerist (“Shoppers bite back”) about Apple's new privacy policy


Schmegga

Apple updated its privacy policy today, with an important, and dare we say creepy new paragraph about location information. If you agree to the changes, (which you must do in order to download anything via the iTunes store) you agree to let Apple collect store and share “precise location data, including the real-time geographic location of your Apple computer or device.”

Apple says that the data is “collected anonymously in a form that does not personally identify you,” but for some reason we don't find this very comforting at all. [Good instinct ! – Kim]. There appears to be no way to opt-out of this data collection without giving up the ability to download apps.

Here's the full text [Emphasis is mine – Kim]:

Location-Based Services

“To provide location-based services on Apple products, Apple and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your Apple computer or device. This location data is collected anonymously in a form that does not personally identify you and is used by Apple and our partners and licensees to provide and improve location-based products and services. For example, we may share geographic location with application providers when you opt in to their location services.

Some location-based services offered by Apple, such as the MobileMe “Find My iPhone” feature, require your personal information for the feature to work. “

I wonder how The Consumerist will feel when it figures out how this change ties in to the new world-wide databases linking device identifiers and home addresses?

The consumerist piece is dated June 21, 2010 9:50 PM, and seems to confirm that the change in policy has only been made public since Google's WiFi shenanigans have been discovered by data protection authorities… The point about “no opt out” is very important too.

Apple giving out your iPhone fingerprints and location

I went to the Apple App store a few days ago to download a new iPhone application.  I expected that this would be as straightforward as it had been in the past: choose a title, click on pay, and presto – a new application becomes available.

No such luck.  Apple had changed it's privacy policy, and I was taken to the screen at right,  To proceed I had to “read and accept the new Terms and Conditions”.  I pressed OK and up came page 1 of a new 45 page “privacy” policy.

I would assume “normal people” would say “uncle” and “click approve” around page 3.  But in light of what is happening in the industry around location services I kept reading the tiny, unsearchable, unzoomable print.

And there – on page 37 – you come to “the news”.  Apple's new “privacy” policy reveals that if you use Apple products Apple can disclose your device fingerprints and location to whomever it chooses and for whatever purpose:

Collection and Use of Non-Personal Information

We also collect non-personal information – data in a form that does not permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:

  • We may collect information such as occupation, language, zip code, area code, unique device identifier, location, and the time zone where an Apple product is used so that we can better understand customer behavior and improve our products, services, and advertising.

No “direct association with any specific individual…”

Maintaining that a personal device fingerprint has “no direct association with any specific individual” is unbelievably specious in 2010 – and even more ludicrous than it used to be now that Google and others have collected the information to build giant centralized databases linking phone MAC addresses to house addresses.  And – big surprise – my iPhone, at least, came bundled with Google's location service.

The irony here is a bit fantastic.  I was, after all, using an “iPhone”.  I assume Apple's lawyers are aware there is an “I” in the word “iPhone”.  We're not talking here about a piece of shared communal property that might be picked up by anyone in the village.  An iPhone is carried around by its owner.  If a link is established between the owner's natural identity and the device (as Google's databases have done), its “unique device identifier” becomes a digital fingerprint for the person using it. 

Apple's statements constitute more disappointing doubletalk that is suspiciously well-aligned with the statements in Google's now-infamous WiFi FAQ.  Checking with the “Wayback machine” (which is of course not guaranteed to be accurate or up to date) the last change recorded in Apple's privacy policy seems to have been made in April 2008.  It contained no reference to device identifiers or location services.