Apple fined $8.5M for illegally collecting iPhone owners' data for ads
gizmodo.com
gizmodo.com
I have this sick feeling that in the past year, Apple is experiencing a brain drain and again the assholes with the spreadsheets (the bozos as Steve Jobs called them) are showing up and starting to chip away at things like privacy or in-app purchases for an extra .5% of profit.
My son was surprised to see an ad or in app purchase in an Apple Arcade game. But I still have to verify whether that’s what he saw.
But the rest of the games on the App Store are so disgustingly sly in how they prey on their users to buy more more more.
And Tim Cook doesn’t do anything while talking about curation. Where’s the curation?
If anything compromises Apple products, in 90% of cases it's Apple's design philosophy or (stubborn?) ideals. Not a push from the spreadsheet bozos.
For better or worse, I think Tim managed to keep the product side of the company very close to what Steve wanted.
And the trend of making the product lineup more convoluted doesn't seem to be steep (it happens slowly and over time), so I'm not too worried. It seems there is time to steer it back before it gets too ridiculous.
I'm not sure personally what a better name scheme would be to differentiate it but "Pro" and "Max" together sounds funny.
There was never any "good" Apple, it was rotten from the very core. And that's just from a user perspective, nevermind what a toxic and abusive employer he has been shown to be over the years.
[0]: https://www.folklore.org/StoryView.py?project=Macintosh&stor...
[1]: https://www.folklore.org/StoryView.py?project=Macintosh&stor...
There have definitely been product missteps and the typical nickle and diming of storage but it hasn’t seemed like the quality has suffered too much as you’d expect if he was a true bozo.
They probably call it "included promotions" instead of ads, and pretend it’s okay.
It seems to be much less serious than the headline implies, as is common
- account information like name/address
- app downloads and subscriptions in App Store
- what news articles you looked at in Apple News/Stocks
- podcasts/movies/books/etc you downloaded via iTunes/TV
- which ads you clicked on previously
https://www.apple.com/legal/privacy/data/en/apple-advertisin...
Apple claims they were using a previously approved process and their search ads on the AppStore prioritizes user privacy and will appeal.
we reserve the right to change the terms and conditions... blah, blah, fucking blah.
I'm very firmly of the opinion that an ad on the street, a billboard, or in a newspaper or magazine, or even a website (under certain conditions) is public and not private (as much as they are annoying), inasmuch as you can be filmed in public - it's a public space.
An ad on your phone is* private as it is 'yours', your number, your unique id, your puk etc. It is sent only to you, as the owner of the phone.
Unless you share your phone with several (quantity/ number to be debated) persons, which would have to be declared. But if Jenny or Jimmy from finance are looking at spicy underwear and I get the ad for more of the same when I'm on duty - then so be it! It would have had to have been declared a public phone (for such behavior to be acceptable/ accepted).
What game was this? I assumed Apple Arcade games would not have the ability to do in app purchases.
They had the wrong default setting. They changed it after 14.6
It pops up on the top of the screen every time you open the game.
They were very cagy about it, but their excuse seemed to be that it was up to the game publisher whether to include it, and that I should complain to them (even though it was sent as an Apple Arcade notification).
The niche is well established and commercial entities proved viability at some scale. But there's a wall that stops it from ever becoming a prominent model.
IMO going past that wall won't happen organically. Perhaps if ad exposure (including brand and product placements) could be accepted as social level health issue we might see more realistic progress. The same way some districts just banned billboards and ad panels by decree.
Uh [1].
[1] https://en.wikipedia.org/wiki/FBI–Apple_encryption_dispute
It's a case where a business motivations line up with their customers (like how FB and Google's motivations to collect data lined up with their customers motivations to get free stuff).
But if they're breaking that now, that's a huge problem.
> And Tim Cook doesn’t do anything while talking about curation.
Tim Cook is THE asshole with the spreadsheets. He's shown time and again that he's an accountant with absolutely no vision other than "squeeze more money from users".
https://doctorow.medium.com/vizio-makes-more-money-spying-on...
Like it or not, users data is the new oil. I don't expect any related business to resist the temptation soon or later to jump to the dark side, if not because in a saturated market you either adapt or go belly up.
That would be Q3 2021, of course. Too late to edit, sorry.
A giant company made a small regulatory misstep in one country. Laws change constantly, missteps likely happen all the time. It's a tiny fine for a small mistake.
Edit: What's controversial about this statement? It's patently obvious, especially when you factor in the odds that your behavior will go unnoticed or unprosecuted. Do you people think I'm advocating this?!
So this was a toggle in an obscure preferences setting toggled incorrectly and therefore a minor infringement of EU law - but you want the court to fine Apple their entire profit? plus some random extra amount?
Wow. Aside from this being completely stupid to anyone who doesn’t share your irrational level of Apple hatred, how would you deal with a really serious offense?
The problem is that the threatened fine is nowhere near the anticipated profit. So there is a rational incentive to ignore the law.
Read the other comments here and you will see a number of people saying those things should happen (ok maybe not the one about the Wagner group...).
“Meta suffered a major defeat on Wednesday that could severely undercut its Facebook and Instagram advertising business after European Union regulators found it had illegally forced users to effectively accept personalized ads.
The decision, including a fine of 390 million euros ($414 million), has the potential to require Meta to make costly changes to its advertising-based business in the European Union, one of its largest markets.”
Even ignoring that it is including a fine, I would think $414 million is large enough for some fairly high-up managers at Meta getting flak for it.
($100B annual income vs $100K personal income)
Obligatory Bill Hicks: https://www.youtube.com/watch?v=tHEOGrkhDp0
Where will you go?
I'm surprised every time I see an ad somewhere. TrackerControl seems to be an accidentally fantastic ad blocker (I got it just to block trackers) and it's super rare that an app doesn't use one of the known ad networks. It probably also helps to use apps from F-Droid whenever possible, which is surprisingly often (most of my apps are from F-Droid, some are stock like camera, dialer, and home screen, and then there's a couple like Spotify and NS/DB that are required for valid digital national rail tickets and I unfortunately can't get outside of Google Play).
I would love to use a Linux phone, but my bank's 2FA doesn't support any.
I use LineageOs and without Magisk magic I couldn't use contactless payments (still no Google Pay, but regional Blik contactless is good enough)
Why is it so specific to that dot version?
>With iPhones running iOS 14.6 and below, Apple’s Personalized Advertising privacy setting was turned on by default, leaving users to seek out the control on their own if they wanted to protect their information.
>The newer versions of the iPhone operating system corrected the problem, presenting users with a prompt before the advertising data was collected.
So they fixed it without government pressure or not?
Told ya 7 years ago : https://news.ycombinator.com/item?id=10303190
"Think different" is just a slogan
So in an obscure settings toggle, in one version of iOS that was immediately fixed, some developer probably unknowingly set a toggle default to a setting that contravened an EU law… and you think Tim Cook should go to prison??
I just finished reading a book where one of the chapters was about factories in north New York where the executives covered-up systematic leaking of dioxin into the local environment for decades.
But sure - Tim Cook should go to prison to appease your Apple hatred.
This specific case may not warrant prison, but CEOs are in a problematic space: They get massively well paid to make decisions that they suffer no ill effects for. They reap the rewards of success but do not face any repercussions if they do something wrong. They won't get fired, and they won't face penalty for illegal actions. Even if they make a decision that hurts the business financially, it tends to be other employees who get let go.
We should hold CEOs personally liable for the violations of the law of their companies, because it's the best way to ensure CEOs are motivated to ensure their companies behave legally, not just profitably.
The company goes on as normal. The issue is harder to solve than “just arrest the CEO”. But I’d like to see it solved, too.
In the past shareholders were loosing money because their shares lost some value. Then they could fire CEO/take actions to put some pain on people responsible. But now shares don't loose value or even gain it, because how absurdly small fines are. CEOs have golden parachutes and only people who get fired are nameless minions who were forced to do it. Everyone above is blameless because every decision is made by committee, so no single person is responsible for anything.
The difference is so obvious: Apple Maps doesn't even associate locations or directions to your Apple ID. Google stores your location at five minute intervals. The difference in privacy attitudes is vast.
People talked as if Apple did not and would not ever do such things, which was obviously false. Both companies profit by the fact that we keep pointing fingers in this sadistic duopoly and not look at the actual issue of privacy. I wished people showed more interest when in was more "fashionable" to talk of such issues, but back when snowden/assange/smaller individuals did it, the discussion always ended up with ad homiminems and irrelevant points directed to the messenger. The only difference between back then & now are the perpetrators: it used to be the governments, nowadays is companies (and governments colluding with them, which is arguably worse as corporations cannot be as easily held accountable).
It seems like Apple clearly violated the policy it rightly should establish for any software on iOS. They deserve the penalty.
They chose to use tracking tokens in the first place. By default a computer does nothing, someone was tasked to write this. Apparently they did something wrong, maybe it was an honest mistake, but I find it a stretch to just assume or expect they are necessarily choosing what's best for users (and leaving money on the table) without more info than is public.
And this "arcane rule" is pretty much 50% of everything you read about GDPR (heard of cookie dialogs? they are not just banners anymore due to GDPR). Hardly arcane to me.
If we want companies to stop doing illegal things, then the punitive consequences need to be so high that they prioritise not doing it. If a person steals $100, they could spend a decent amount of time in jail for it. Time that is worth a lot more than then $100 benefit they received. Companies want all the benefits of being a "person", so let's apply the same principles to them.
Apple's branding and marketing are too powerful for that to happen. An obscure court ruling matters to people on HN. To the average consumer, it never happened.
if the fine was huge, it would be news. but this fine is an amount that's easily ignored, so it will be.
Are they? Google is probably the most open company about what they collect and how they use it and I've never seen any evidence whatsoever that they ever sell you out ie. do more than simply link you to contextual ads.
All their apps and services also ask for permission pretty explicitly.
Google collects a lot of data but I know they’re not going to sell it, they’re not going to let it leak (probably at least — their security engineering is on another level), and in all of their years, the only thing they’ve done is shown contextual ads or suggestions in extremely mundane places. They’re also such an extremely slow moving ship so it makes them extremely predictable, which is the most critical requirement for trust
It seems like they bend over backwards to be open and precise about their data collection and the risks you incur by accepting it. And gives you tools to view and manage the data (at least some of it).
Meanwhile everyone else is doing similar or worse, while just staying silent -- in Apple's case hypocritically seeming to position itself as a leader of the "privacy" movement, when it really appears to primarily be about Apple's privacy first, then yours (maybe).
But how IS your privacy really better under Apple's control versus Google's? One could argue it's worse under Apple because you're left in a state of not knowing what they're collecting, only reading about violations in court judgments and such. Although it would be prudent in that case to just assume the worst, instead it seems we often prefer not knowing, and living in blissful ignorance.
Really? Google spies on their users. But everybody knows that.
Apple lies to their users telling them they not spying on them despite doing exactly that.
So who's more dishonest?
(This question is independent from the question whether it's morally OK to spy on people in the first place.)
You say that, but a non-negligble number of comments here are outright defending Apple saying "just a wrong default setting", "nothingburger", etc.
Finally people from high management need to land in jail on a regular basis for the missteps of big companies. Because those people actually don't care if they loose money they don't own themself anyway.
Amazing number of people baying for prison time for this pretty trivial mis-step.
As I said in another comment, just finished reading a book where one of the chapters was about the Diamond Alkali works near Newark, where executives knowingly covered-up the intentional leaking of dioxin (the most lethal chemical known to man - the smallest dose will cause cancer) for decades.
But people on HN want to put Apple employees in prison for some trivial, minor EU law contravention.
What do you need to do as a private person to get fined at least $8.5M? Kill somebody by accident? No, that does not cost so much usually (even if you would count all your time lost in jail).
My proposal would be: Calculate the daily rate of an average Apple employee (this includes the poor people in some Chinese factories), divide the fine by that, and this will result in the days the responsible C-level staff gets jailed. This would be simple and very effective.
For a company with probably ten million affected customers within the relevant jurisdiction, yes. The fine itself categorises this matter as a trivial misstep.
Also your logic is weird. You’re using the assessed punishment as justification for why the assessed punishment is insufficient.
I really recommend you transfer your hatred and sense of injustice to companies that are right at this moment poisoning environments - even in the US - and actively covering-up chemical leaks, or the pollution of people’s drink-water, or allowing workers to use carcinogens that executives deny are dangerous.
Some pathetic technical contravention of a trivial rule by Apple here is not worth your energy and passionate hatred.
Right, because apple is a conglomerate that does much more than just serve ads.
>despite the fact that they likely made way more than $8.5M from doing it.
What makes you think that?
> If a person steals $100, they could spend a decent amount of time in jail for it.
Realistically speaking in most parts[1] of the US you won't get any jail time unless you're a repeat offender.
[1] saying this as a hedge in case there's some crazy judge/sheriff somewhere that's bucking the trend.
On the horrible Apple App store, you buy a piece of software and you can only use it on some Apple devices. If a developer stops updating their software, odds are you'll no longer be able to use the software at some point in the future.
Even worse, most apps are listed as free, but of course, they're not free. They charge you for them, but only in some way that is completely hidden to everyone who doesn't download and install the software. Either that, or they are free, but you're overwhelmed with huge numbers of ads.
I've come to resent our overpowered iPad. I'd love to install games that I own on other devices, but Apple has chosen to make this impossible. That's extremely disrespectful to me, their customer. They sell me a device that is completely locked down. It's horrible, and in no way the dream of computing that almost everyone had when I was growing up.
They need
1. Recommendation systems experience
2. Machine Learning
3. Auction theory
4. Ads pacing
5. ML / Reinforcement learning
Gee, I wonder what they're scaling out...
The toast that tells you to use Safari when using another web browser.
Company valuation: 2*10^12
Your fine for some wrongdoing: 8.5*10^6
So, they were fined roughly 4.25*10^-6 (or 0.00000425) of their worth. This sounds like a pretty small fine. Not sure if that even stings, a little.
This is nothing.
Maybe with some punitive disincentive on top I guess. If you have a ten percent chance of being caught, then fine you 10 years of your “profit” seems a good appropriation. Just make it a year’s salary - that is a fair approximation that everyone would understand. You certainly would learn to pay more attention to the many thousands of minor laws you need to personally adhere to.
Edit: I especially want to see some of those rich-ass software devs working for letters from ACRONYMS get taken down. I’m safe: I live in New Zealand and I can’t easily work at a letter of an ACRONYM.
Corporate fines should work similarly, any infraction no matter how small should be fined at a % of their cashflow. I think Apple, with their 2 Trillion(!!!!) Dollars can hire a lawyer or two to make sure they're not breaking any silly privacy laws, after all :)