Sen. Franken Writes Steve Jobs Regarding Location Data Retention by iPhone and 3G iPads

April 20, 2011. Sen. Al Franken (D-MN) sent a letter to Steve Jobs, Chairman of Apple, regarding a feature of Apple's iOS 4 operating system that stores, unencrypted, users' location data.

Sen. Franken (at right) wrote that Apple's software is "secretly compiling its customers' location data in a file stored on iPhones, 3G iPads, and every computer that users used to ``sync´´ their devices."

Sen. Franken also referenced a piece by Alasdair Allan and Pete Warden titled "Got an iPhone or 3G iPad? Apple is recording your moves", published on April 20, 2011.

"The existence of this information -- stored in an unencrypted format -- raises serious privacy concerns", wrote Sen. Franken. "Anyone who gains access to this single file could likely determine the location of a user's home, the businesses he frequents, the doctors he visits, the schools his children attend, and the trips he has taken -- over the past months or even a year."

Moreover, he said, "third parties could gain access to this file". He suggested that "malicious persons may create viruses to access this data", and that "this information could be abused by criminals and bad actors".

Sen. Franken then propounded numerous interrogatories to be answered by Jobs.

First, he asked, "Why does Apple collect and compile this location information? Why did Apple choose to initiate tracking this data in its iOS 4 operating system?"

He also asked, "Why is this data not encrypted?"

And, "Why were Apple customers never affirmatively informed ...?"

Some of the many uses that could be made of this Apple location data are suggested by several ongoing matters.

First, law enforcement agencies have long been surreptitiously placing GPS tracking devices on cars to easily track people's whereabouts over extended periods of time. The Department of Justice (DOJ) is defending this practice, and arguing that it requires no warrant. See, related story in this issue titled "DOJ Seeks Certiorari in Warrantless GPS Location Surveillance Case"

Extraction of location data from iPhones and iPads would enable police to track people's whereabouts, not only in their cars, but also as they move from car to car, to other modes of transportation, and on foot. Moreover, the ACLU asserts that this method of surveillance is already taking place.

There is an investigation by the ACLU and ACLU of Michigan regarding the Michigan State Police's (MSP) use of data extraction devices on cell phones. See, related story in this issue titled "Michigan Police Use CelleBrite Devices to Extract Data from Cell Phones".

Second, there is the matter of the Department of Homeland Security's (DHS) search of cell phones and other mobile devices at borders and airports. See, related story in this issue titled "Update on Abidor v. DHS".