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Apple Refuses To Unlock Bequeathed iPad
mrspoonsi writes "A man whose mother bequeathed her iPad to her family in her will says Apple's security rules are too restrictive. Since her death, they have been unable to unlock the device, despite providing Apple with copies of her will, death certificate and solicitor's letter. After her death, they discovered they did not know her Apple ID and password, but were asked to provide written consent for the device to be unlocked. Mr Grant said: 'We obviously couldn't get written permission because mum had died. So my brother has been back and forth with Apple, they're asking for some kind of proof that he can have the iPad. We've provided the death certificate, will and solicitor's letter but it wasn't enough. They've now asked for a court order to prove that mum was the owner of the iPad and the iTunes account.'"
Apple will do whatever it will takes to demove the family from getting the account access for the following reaons:
1) They want *new* account to inflate the user base.
2) By stalling the request increases the chance that the family decides it's not worth the pain.
3) They don't want to deal with similar cases in the future - there's no money on it. So it's important to them to avoid precedences.
Welcome to this brave new world, where companies decides what you own and the rights you have on it.
Lisias@Earth.SolarSystem.OrionArm.MilkyWay.Local.Virgo.Universe.org
... but didn't bequeath all her pr0n. The family could take ownership of the device by just wiping it. The stuff downloaded onto it is a different matter, and I think Apple is doing right by not unlocking it.
Did she bequeath the iPad or the apps/data on the iPad and the iTunes account to go with it? I'm pretty sure that even if the device is locked, that you can still do a factory reset on it and then have access to the iPad. Granted you would lose all the apps and data on the device, but you would still have the device to use as you wish.
If she bequeathed the iTunes account, then the account email and password should have been in the will or related documents, if not, then it's reasonable to assume she just left the hardware which you can reset and then have full use of.
Things you think are in the Constitution, but are not.
Wouldn't that be easier?
Apple is right, your mother gave you the iPad, not the data on it.
The data does not belong to Apple.
The iPad does not belong to Apple.
Apple should have no skin in this game, they don't own any part of it.
"I've got more toys than Teruhisa Kitahara."
By their request for proof, they have clearly indicated that they do in fact have that ability. Otherwise they'd have started and ended the conversation with a simple, "I'm sorry, but we do not have the capability to compromise any users security. Without the login information or passwords we are unable to assist you.". Or something equivalent.
I was recently the Fiduciary, or executor, or an estate where an iPad was involved. I sent a letter, as the Fiduciary, along with my appointment papers, requesting the password, in order that a proper value of the iPod could be determined, which included the data on the iPad. Apple refused. I immediately made an appointment with the Judge of the Probate, and explained the situation. She immediately sent a letter to Apple, demanding that they supply or clear the password, or be charged with contempt of court. They sent the password. Thankfully, this is not a large area, population-wise, that this could be handled quickly. I can only imagine how difficult it could be in a large city.
Fundamentally, I see this as a security issue. If the deceased wanted someone to have the data on the iPad, she should have provided the means to have access to that data. You can't just bequeath it in a will and then expect everyone else to sort it out after you're gone. That's inconsiderate.
It's also hypocritical to hold a company up to high standards for maintaining security and user privacy, and then at the same time blame them for not just rolling over and handing over the means to decrypt that information. It's not Apple's responsibility to give the family that ability, but the owner of that content. If I have years of personal photos that I've encrypted and bequeathed to someone, I'm sure as hell not going to just say, "here, you get this hard drive full of encrypted memories, but good luck decrypting it--I'm taking the decryption keys to my grave." That's stupid.
Even if Apple can unlock that data and eventually does so, think about how that might look to some people, who would NOT want their heirs/family/descendants to have the means to rummage through their personal data. You see this happen all the time--families of the deceased try to weasel their way into secrets and intimate histories of those who died. If all it might take is some lawyers and potentially dubious documentation to get around a dead person's privacy, then I would think twice about leaving any personal data behind.
Why was that marked insightful? You don't put the VIN number for the cars you own in your will either, nor do you put the serial numbers from each electrical appliance, watch or other worldly possessions. Why is it suddenly that this is on the family to prove for this particular type of device, A Will is a legal document, if Apple thinks the item might be stolen then it is on Apple to prove it, not the family.
It's only been a year or so since Mat Honan got all his Amazon, Google, and Apple data wiped because someone was able to trick their way into his accounts. Apple got castigated over that, and implemented a lot of extra security to try to prevent that sort of thing from happening again. Well, guess what? You can't have it both ways. One way or the other, there will be problematic edge cases - and this sort of thing is one of them.
#DeleteChrome
Apple is right, your mother gave you the iPad, not the data on it.
The data does not belong to Apple.
The iPad does not belong to Apple.
Apple should have no skin in this game, they don't own any part of it.
Actually, the box says "Your Apple iPad" inferring that Apple still own it and you're just using it. Besides this, your soul is the minimum price for any apple product. The bequeathed couldn't inherit this agreement as the agreement was for his grandmothers soul, he'll need to bequeath his soul to Apple (signed in blood, in triplicate) before they can do anything.
Jokes aside here, Apple is just being a dick, which is really what we can expect from Apple. The inheritor is legally entitled to the data on that device (as they would to any other intellectual properties like writings, patents and works of art created by the deceased) and Apple have the capacity to unlock the device (which is scary enough on its own) but refuse to do so because, because, shut up, thats why.
Also this is in the UK, consumer protection will not be kind to Apple.
Calling someone a "hater" only means you can not rationally rebut their argument.
Well she gave the iPad but not the data in the cloud ... she may be using that now that she is up there.l
They didn't get an appointment, probably because there's no substantial assets (real estate, automobile) subject to probate or they got around probate with those other assets using joint ownership.
The will shows who the deceased at one point in time said should have the rights to the property.
The problem the children have is the will is not in force unless a court says it is .
There could be multiple wills. They all start "Last will and testament". People step forward on frequent occasion with an updated will or contestation of a singular will. A court sorts this out. That is why the uniform commercial code says that proof of executorship/administration, even when issued by the court, be accepted if dated within 60 days. In this way, the person or entity accepting the authority of the court from that document be held without blame according to safe harbor provisions.
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It's not Apple's property that is being protected by this dead lady's password - it's the dead lady's device, data, and property. The whole issue wouldn't exist if she'd thought to pass along the keys with her property; unfortunately she didn't. The manufacturer can give the family a new set of keys, but requires evidence of ownership from a court of law before handing them over. Do you really want companies to hand over the keys to YOUR data and devices to someone else WITHOUT a court order?
If the license says "non transferable" then that's the end of the discussion.
Not in the UK or EU. Digital sales are treated as sales, not licenses. Doesn't matter what the EULA says, if the said "buy this song" or "purchase app" then you have full consumer protection rights and full legal ownership of the copy. You can sell your legally purchased MP3s.
const int one = 65536; (Silvermoon, Texture.cs)
SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
I have read most of the comments up until now. Frankly, most seem as if they were written by a bunch of Apple haters.
The article clearly states that while Apple acknowledges the woman is dead and the person to be the executor of her account, they require a court order and/or proof she is the rightful owner of the device. Why?
We have no reason to doubt the the executor or the heirs that the device belonged to her. But, being unable to provide the unlock code to her iPad nor her Apple Id and associated password (which, could instantly demonstrate it was her device via their FindMyIPhone service), Apple is unwilling to unlock it. They demand further proof of ownership (or, prior ownership).
Why?
First, there are DRM considerations. When a person uses an Apple device and "purchases" certain products through iTunes, they have a non-transferable license to use that material. Unlocking the device, without court order, could subject Apple to litigation by the owners of the DRM software.
Let's assume that the person presenting the iDevice is the legal heir to the device (i.e. it belonged to the deceased and bequeathed to them). Apple is asking for a court order directing them to access the device and remove their legal liability for providing such access to the data on the device and the the violation of privacy. If it were a house or vault, would you not want to make sure that the person you are giving the keys has a legal right to enter the premises?
Next, let's consider the owner has email accounts. The iDevice will, likely, automatically access those email accounts. Services such as FaceBook, Yahoo!, Hotmail, and GMail try to protect the ownership of the private content of those systems - people have a right to an expectation of privacy - even after death. It's in their terms of service. As an heir, you may or may not have a legal right to access those accounts of the deceased individual.
Just last year, I think it was, there was a case where the family of a deceased soldier wanted access to his email. It was denied by the company until a court order was granted.
If Apple unlocks the device and such services are accessed without human interaction (originally, the grandmother had access since she knew the code), you have just violated her privacy (dead or not). Would YOU want to be on the receiving end of a lawsuit where there was information in those private accounts that caused harm to another individual she communicated with via those email accounts? Perhaps, she had a secret life and wanted it kept that way? Maybe she was the mistress of a married man and the disclosure would bring that to light, destroy what was left of his marriage, or open him to a civil litigation? Or, maybe, even a claim against the family of the deceased woman which might go after her assets.
We all kick and scream here about privacy. And, when a company, such as Apple ACTUALLY tries to do the right thing in protecting it, they are scorned and hated. That's why I say it sounds like most of the posts here are from Apple haters.
Let the family produce a court order to have Apple access the device. Apple can look up the serial number (assuming she registered the device) and find the associated Apple ID. And, one would presume they could then unlock the device if in their physical possession (assuming, there isn't some master unlock command they can send). They would, legally, have to wipe the DRM material from the devices or follow other instructions in the court order. And, to keep themselves out of trouble, delete the email accounts and other apps that might automatically log in to a private system BEFORE turning it over to the Executor (unless, the court order grants them legal and civil protection).
Pictures and documents might be stored on cloud services vs on the device itself. In that former case, I hope the family has the passwords to those services so they can access them.
As I get older, I realize that there is a possibility I could die anytime
Unfortunately it's an open question as to whether information held in accounts under password are part of an estate or not.
http://blogs.wsj.com/law/2012/...
If she didn't explicitly mention it in her will, and the Apple's security terms of service don't otherwise allow it, it seems quite reasonable for Apple to defer the decision to a court of law.
The possibility that she held the information under a password because she wanted it to go to the grave with her needs exploring.