Stalking: Fear of Apple AirTag ‘Explodes’ — Lawsuit Momentum Grows
38 victims of Apple’s “negligence” named in amended class action.
People say their lives have been ruined by the AirTag tracking device. Some even say lives have been lost. All of them blame Apple, saying Tim’s crew are liable, were unconscionably deceptive and have been unjustly enriched.
In other words, they say Apple made money out of helping stalkers—and lied about it. In today’s SB Blogwatch, IANAL.
Your humble blogwatcher curated these bloggy bits for your entertainment. Not to mention: HONK.
This Is Why We Can’t Have Nice Things
What’s the craic? Ashley Belanger broke the story—“Apple AirTags stalking led to ruin”:
“Totally inadequate”
More than three dozen victims … alleged in an amended complaint that, partly due to Apple’s negligence, AirTags have become “one of the most dangerous and frightening technologies employed by stalkers.” … Plaintiffs have alleged that there has been an “explosion of reporting” showing that AirTags are frequently being used for stalking.
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[It] is concerning, plaintiffs say, because Apple allegedly has not done enough to mitigate harms, and AirTag stalking can lead to financial ruin, as victims bear significant costs—like hiring mechanics to strip their cars to locate AirTags or repeatedly relocating their homes. … Many report that stalkers [are] hiding AirTags in linings of purses, car wheel wells, or even stitched inside a child’s teddy bear.
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Victims suing alleged that Apple knew that AirTags could be used by stalkers but advertised them as “stalker-proof” anyway. Then, when its “stalker-proof” protections were “exposed as totally inadequate,” Apple had to scramble for the past two and a half years to “address its failures.” [They] alleged that Apple’s acts and practices violate federal and state laws, claiming that Apple negligently released a defective product and was unjustly enriched. … Both tech and domestic violence experts warned Apple … that AirTags could be used for unwanted stalking, but instead of making AirTags safer, the complaint alleged that Apple instead “dangerously rushed” AirTags “to market.”
Lives are at stake, they say. Here’s John-Anthony Disotto—“Lawsuit claims AirTag ‘used’ in ‘multiple murders’”:
“Major safety concern”
The complaint alleges “multiple murders have occurred in which the murderer used an AirTag to track the victim.” LaPrecia Sanders’ son was murdered by his girlfriend, who allegedly tracked his movements using an AirTag and “ran him over with her car, killing him.”
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Apple has added enhanced security features to AirTags, including notifications when an AirTag is detected nearby, using sounds to help track AirTags in the vicinity, and allowing Android users to interact with AirTags using the Tracker Detect app. Despite these efforts, plaintiffs allege that AirTags remain a major safety concern.
ELI5: How does it work? Mark Rasch explains, like we’re five—“How AirTags Work”:
“Not properly designed”
AirTag, like Life360’s Tile, … is a small device that can be put into a purse, backpack, bike, wallet or on a keychain to tell the owner where these items are. It’s particularly useful for figuring out where you parked your car, where you left your wallet, where your stolen bike is and even … where the airline has put your lost luggage.
They work by establishing a Bluetooth connection to any nearby Apple device, using that device’s GPS to determine the tracker’s location and the device’s internet connection to transmit that location to Apple—and then to the consumer. … The California class action case demonstrates a nefarious (and somewhat ubiquitous) use of … AirTag. They are particularly useful for stalking—especially when the stalker has (even brief) physical access to something belonging to the victim—a handbag, a car, a backpack, etc. The stalker uses their own AirTag to send the victim’s location to the stalker.
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The lawsuit … reflects a concern that companies should consider (and abate) the privacy considerations for products they produce. [It] alleges that AirTags negligently facilitate … stalking and are not properly designed to prevent them from being used in that way. The plaintiffs will have to show that Apple had a duty … to prevent the devices from being misused.
But what’s Apple supposed to do about it? explaininjs has first hand experience:
My partner has been getting plagued with notifications … but she cannot find where [the tracker] is. This has been happening for nearly a month. An option is given on the iPhone to disable the tracking, but you need physical access to the device for it. Also a suggestion is given to notify the police, but you need to have the serial number, … which again requires physical access.
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All this while she’s been actively involved in a court case for establishing a restraining order against a domestic abuser of hers. If Apple actually cared they’d allow you to disable from the app. As is they’re just paying lip service to the abused while actively aiding the abusers.
Was Apple negligent? Baron_Yam thinks Apple should’ve seen this coming a mile off:
It started as a good idea. But honestly, any slightly security-minded people could have sat around a table for five minutes and figured out how it would go:
1) Hidden device for inexpensively tracking anything any time it passes near pretty much any person,
2) Stalkers use devices,
3) Tools for detecting stalkers deployed,
4) Stalking victims get pissed off and litigious because they shouldn’t have to scan themselves constantly.
Didn’t Apple fix this by making them beep? Not really: baryon explains why:
High pitched sounds are hard to locate, especially if they only occur like once a day. One beep, then it’s gone, for another 24 hours. You’d have no clue where it came from.
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[One] solution would be to use the app to make it beep constantly until you find it. … But the situation still sucks because the victim is the one who has to solve the problem.
Surely the problem is stalkers, not the technology? PeterMarcus67 is in two minds:
The author William Gibson said that, “The street finds its own use for things,” and … that Volvo tire jacks have been used to pop Kryptonite bike locks. The tire jacks weren’t designed for that, but they do work. But if Apple knew about this (and I can’t believe they didn’t) and soft-pedaled a solution, I think there is a case against them.
Whatabout Tile and other trackers? avr91 thinks it’s not the same:
Not defending anyone, but researchers and advocacy organizations have noted that AirTags have dramatically lowered the cost to doing this. Previously, you would have to buy more expensive hardware and pay for some sort of subscription. Now, it’s a single $30 fee. That’s why there’s been such a surge in stalking cases.
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If very few people in a city used Tile, it was almost useless unless you passed someone who had it installed, and it would only provide that one data point. You certainly couldn’t use it like you can Apple’s Find My network, which pings Apple devices regardless of app installs. That’s kind of the crux here: Anywhere, any time … and turning your phone off doesn’t stop it.
So Apple’s failure is it’s too successful? probably_wrong is probably right: [You’re fired—Ed.]
The issue is not so much that Apple built a tracking device (of which there are plenty of competitors) but rather that Apple built the first tracking device that worked at scale. Some years ago a friend of mine bought a set of Tile trackers. … He then found out they were useless as anti-theft devices because no one in his area had the app.
Meanwhile, this Anonymous Coward sounds slightly sarcastic:
Lies. This is clearly a fake article because Apple cares 100% about user privacy and wasn’t a part of PRISM.
And Finally:
You have been reading SB Blogwatch by Richi Jennings. Richi curates the best bloggy bits, finest forums, and weirdest websites … so you don’t have to. Hate mail may be directed to @RiCHi, @richij or [email protected]. Ask your doctor before reading. Your mileage may vary. Past performance is no guarantee of future results. Do not stare into laser with remaining eye. E&OE. 30.
Image sauce: Mika Baumeister (via Unsplash; leveled and cropped)
