Amanda Ladas, of Surrey, B.C., has filed suit under the Class Proceedings Act in the Supreme Court of B.C.
Ladas’ claim alleges Apple has “engaged in deceptive acts or practices that have the capability, tendency or effect of deceiving or misleading class members and that these practices entitle members of the class to aggravated, punitive and/or exemplary damages.”
Ladas is concerned anyone with even mediocre computer knowledge can find out where she’s been, according to a press release issued Oct. 30.
A digital forensics expert, who examined Ladas’ iPhone and desktop computer, discovered her location data over the past year was easily accessible using free tools readily available on the Internet.
Francis Graf’s report, which is filed with the lawsuit, indicates iOS4x stockpiles “specific location-based data in unencrypted form, including dates and times, associated to geographic location coordinates.”
That information is then copied onto any computer the devices are connected to when they are backed up, the report says. Each consecutive backup file holds new location data “for approximately one year prior to the date of that backup, thereby increasing the aggregate location-based data stored in unencrypted form.”
Ladas says she did not give permission for her information to be tracked, collected and stored when she bought and activated her iPhone.
Information security, networking and systems administration expert Eric Smith, whose extensive report also is included with the lawsuit, “shows for the first time exactly how Apple is aware of the physical location of every device operating iOS4x through a technique known as wardriving,” the press release says.
A sworn affidavit by geographic profiler Kim Rossmo filed with the lawsuit references the possible risks of having personal information vulnerable to even mediocre hackers and criminals.
Owners of Apple devices, however, can employ up-to-date operating systems, such as iOS5, launched in October 2011 and iOS6, released in September.
Between two million and seven million Canadians use Apple devices powered by the iOS4 operating system, including Ladas and her son, the release says.
None of Ladas’s claims have been proven in court.
Apple has yet to file a response to Ladas’ complaint.