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Lawsuit Accuses Warriors' Mobile App of Eavesdropping On Fans -- Even When Not In Use (cnet.com)

An anonymous reader writes: A lawsuit is accusing the Golden State Warriors' app of spying on fans in order to determine a user's precise location in order to serve targeted ads. The creepiest thing about it? The lawsuit says the app does this even when it isn't in use. It claims the app secretly uses the microphones from the mobile device running the app to listen in and record user conversations. CBS Local reports: "The app, which delivers up-to-date scores, schedules and news, asks for permission to access the microphone on users' phones. But, according to a lawsuit filed Monday in San Francisco federal court, it doesn't disclose the extent to which it listens in. If true, the allegations would violate the Electronic Communications Privacy Act, which prohibits the 'interception and disclosure of wire, oral, or electronic communications.' The lawsuit, which seeks class action status, seeks statutory damages equal to 'the sum of actual damages suffered plus any profits defendants earned through its unlawful conduct.'" "Even more disconcerting, the app turns on the microphone (listening and recording) any time the app is running," the filing reads. "No matter if a consumer is actively using the app or if it is merely running in the background: the app is listening."

60 comments

  1. Sorry by Anonymous Coward · · Score: 0

    I'm sorry your favorite sportsball team is doing something you don't like

  2. Hey click-baiter... This is just be a bug by Anonymous Coward · · Score: 0

    Sorry to pour water on tin-foil hats, but this is probably just a bug in the software. Just because the app is accessing the mic doesn't mean it's recording or sending it to the server.

    Also, the article clearly indicates this: [person] saying: “We have been made aware of the suit and it appears there is a misunderstanding about how our technology works. Our technology does not intercept, store, transmit, or otherwise use any oral content for marketing purposes or for any other purpose.”

  3. If they're real Warriors fans by Anonymous Coward · · Score: 1

    they'll do whatever they can for the team. Even letting the team listen in on their lives 24/7. If the fan isn't doing anything wrong, they have nothing to hide. Especially from their beloved team.

  4. nothing new by Anonymous Coward · · Score: 0

    why do you think those apps ask you to give them permission to almost every function on the phone?

    all you need to do when you have any new device/os like windows 10, osx 10.9+, android/ios is to lunch wireshark and have some time, its basically mind blowing whats on the wire, how about the new neatgear switches like the gs108pe those little fuckers register them self with mothership as soon as you give it a default gateway, yea bitches welcome to the new spy on you world!

    its for your own good, fuck no!

  5. Re:Hey click-baiter... This is just be a bug by Anonymous Coward · · Score: 0

    Then WTF does it want access to your phone's mic if it "does not intercept, store, transmit, or otherwise use any oral content for marketing purposes or for any other purpose"?

  6. Disconcerting? by Anonymous Coward · · Score: 0

    The app ... asks for permission to access the microphone

    Even more disconcerting, the app turns on the microphone (listening and recording) any time the app is running

    What's disconcerting about an app doing exactly as it asked permission for?

  7. Re:Apple can do NO wrong by Anonymous Coward · · Score: 1

    Dumbass, the lawsuit only applies to the version from the Google Play store. So Apple really DID do no wrong here. Shill.

  8. Re:Hey click-baiter... This is just be a bug by Anonymous Coward · · Score: 0

    Then why does it want to access your mic if it "does not intercept, store, transmit, or otherwise use any oral content for marketing purposes or for any other purpose"? There must be SOME purpose, or else it's a poorly written app, which is scary as well...

  9. Android by Anonymous Coward · · Score: 1

    ...asks for permission to access the microphone on users' phones.

    At least it asks - iOS. Too many Android apps want blanket permissions on everything. Just why does a fucking [insert here] app need my location, access to my contacts, camera, media files, microphone, and anything else? The stock quote apps are some of the worst. A metronome app was just as bad.

    Very rarely does a developer require no access to anything.

    Which means, I do not load your app on my phone. Unfortunately, Android has no way of denying access but yet allows the use of the app like iOS does. I've given up on Android shit..

    That is one of the reasons why I think Android is crap. It's nothing but an advertising and data gathering platform for Google - AKA, Alphabet, Inc - they gotta keep their earning up for Wall Street!

    New to you Brin et al, as soon as you go public, Wall Street will MAKE you Evil because you signed a deal with the Devil to get rich quick!

    1. Re:Android by Anonymous Coward · · Score: 1

      Android has no way of denying access but yet allows the use of the app like iOS does

      I agree it's a shame this doesn't exist in vanilla, but it's hardly a unknown feature in the Android space. You can mod fine grained permission controls into any ROM, and Cyanogen has a nice implementation out of the box.

    2. Re:Android by Anonymous Coward · · Score: 0

      Android has no way of denying access but yet allows the use of the app like iOS does

      I agree it's a shame this doesn't exist in vanilla, but it's hardly a unknown feature in the Android space. You can mod fine grained permission controls into any ROM, and Cyanogen has a nice implementation out of the box.

      It does exist in vanilla Marshmallow.

      Installing an app which is manifested for Marshmallow doesn't request permissions, the prompt appears the first time they are used, and denying one just fails the API call, rather than preventing the program from running at all.

    3. Re:Android by Anonymous Coward · · Score: 0

      Newer versions of Android allow you to accept/block access by category (Contacts, Camera, Media). It's not perfect, but it's a step forward where you can install the app, then selectively block access (or don't allow it in the first place when you run the app).

  10. Not possible with Free software by Anonymous Coward · · Score: 1, Insightful

    If a free program wanted to do this, it would be readily visible and available for inspection to determine what exactly it's doing.

    And then any users of the free program could simply edit this functionality out and distribute the edited binary freely. Just another day in the proprietary software hell.

    1. Re:Not possible with Free software by Anonymous Coward · · Score: 1

      But haven't you been listening? Apps vetted and only available through 'stores' are safer...

    2. Re:Not possible with Free software by Anonymous Coward · · Score: 0

      That's not correct. Free only concerns cost, not accessibility to source code. *OPEN SOURCE* software would allow you to view the code (assuming the compiled version didn't link in additional code) and see what's going on in the application.

    3. Re:Not possible with Free software by Anonymous Coward · · Score: 0

      Why does any Android user ever install any app that didn't come from F-Droid?

    4. Re:Not possible with Free software by pauljlucas · · Score: 2

      If a free program wanted to do this, it would be readily visible and available for inspection to determine what exactly it's doing.

      That's the fantasy world that free software proponents* like to trot out. While it's technically correct, in the real world, however, very few people have the ability, motivation, or time to code-review every application they use.

      * Not that it should change my point one whit, but I also am a free software proponent, but not for that dubious reason.

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    5. Re:Not possible with Free software by Anonymous Coward · · Score: 0

      Bollocks, of course it's possible. It's just a matter of if/when it's discovered.

      How many average Joes download the source to every app they run and look through it with a fine-tooth comb ?
      How many average Joes have the skills or time to recompile every Android app they use ?

    6. Re:Not possible with Free software by EvilSS · · Score: 1

      If a free program wanted to do this, it would be readily visible and available for inspection to determine what exactly it's doing.

      And then any users of the free program could simply edit this functionality out and distribute the edited binary freely. Just another day in the proprietary software hell.

      Uh, it is a free program. Maybe you are conflating "Free" with open source? They are not the same.

      --
      I browse on +1 so AC's need not respond, I won't see it.
    7. Re:Not possible with Free software by Anonymous Coward · · Score: 0

      Gratis concerns cost. Free as in free speech concerns, guess what, freedom in using the software.

    8. Re:Not possible with Free software by Anonymous Coward · · Score: 0

      Free as in "speech," not as in "beer."

    9. Re:Not possible with Free software by Anonymous Coward · · Score: 0

      Maybe you're confusing gratis with free?

    10. Re:Not possible with Free software by Anonymous Coward · · Score: 1

      Nobody says "gratis" when they mean "free as in beer". Except you and Richard Stallman, that is.

      You are unnecessarily cluttering this discussion by insisting that your definition of a word is the only correct one while everyone else here understands what is meant by what is being said.

    11. Re:Not possible with Free software by Anonymous Coward · · Score: 0

      Because Moxie won't publish Signal on anything other than Google Play.

    12. Re:Not possible with Free software by Anonymous Coward · · Score: 0

      If a free program wanted to do this, it would be readily visible and available for inspection to determine what exactly it's doing.

      And then any users of the free program could simply edit this functionality out and distribute the edited binary freely. Just another day in the proprietary software hell.

      The great thing about freedom is go write your own.

    13. Re:Not possible with Free software by Anonymous Coward · · Score: 0

      Gratis concerns cost. Free as in free speech concerns, guess what, freedom in using the software.

      The software IS free to use however you like. It is what it is, works the way it was designed, and you're free to do with it as you please.

      Now if you wanted the SOURCE CODE, that would be something else.

    14. Re:Not possible with Free software by Rakarra · · Score: 1

      Open source is not free. Free means free, gratis means free of charge. Use clearly defined words to avoid being wrong.

      But those are definitions that are only used in the FSF and OSS worlds. 99 out of 100 people, if they hear the term "free software" think it means freeware, not that it comes with source code. That's what free means.

      Even in the FSF world, few people use 'gratis' either. They'll use 'free as in beer' vs 'free as in speech.'

  11. Define "listening" by Sumus+Semper+Una · · Score: 3, Insightful

    As far as I can tell from the articles, the only thing that is provable that is going on is that the app has constant access to the microphone. That's a bug and potential concern for anyone using the app, but doesn't on its own point to anything nefarious.

    Also, why would an app use your MICROPHONE instead of your LOCATION data to determine your location? Are the claimants suggesting the app uses a voice-to-text converter and parses through the logs to find out that someone said "Wal-Mart" and then target them with Wal-Mart ads? Why wouldn't they just use location data instead to see if you're near a Wal-Mart? I mean, I know the old adage about "if all you have is a hammer, then everything looks like a nail," but that would be taking things to a whole new level.

    Unless there's something missing from the reporting on this article, it sounds like an overly litigious person/group crying wolf over what is at worst developer incompetence and is at best a bug.

    1. Re:Define "listening" by Anonymous Coward · · Score: 0

      That bug could land the developer in jail. Congrats you've found a Jail Bug.

    2. Re:Define "listening" by Anonymous Coward · · Score: 3, Interesting

      What it's doing is listening to audio signals above human hearing range (let's say 22khz) your ears can't hear it but your mic can. Signal360 plays a binary tone @ 22khz through the venue's audio system that the app picks up, decodes and does something like flashing your screen in sync with pregame videos or popping up a promotional offer.

    3. Re:Define "listening" by rbrander · · Score: 4, Informative

      If you look up "WebCamGate" from 2010, when a school district was taking 60,000+ photos of students at home in their bedrooms by activating their school laptops, the administrator telling subordinates to conceal the surveillance, wrote back to a complainant with a note almost like that, "Why would we do such a thing? We would never do that!" Look up the name "Dimedio". So you'll have to forgive our skepticism.

    4. Re:Define "listening" by goose-incarnated · · Score: 1

      What it's doing is listening to audio signals above human hearing range (let's say 22khz) your ears can't hear it but your mic can. Signal360 plays a binary tone @ 22khz through the venue's audio system that the app picks up, decodes and does something like flashing your screen in sync with pregame videos or popping up a promotional offer.

      Just how good is this mic? I only ask 'cos the microphones I've seen on cellphones battle to get anything above 5KHz, nevermind 22KHz...

      --
      I'm a minority race. Save your vitriol for white people.
    5. Re:Define "listening" by taustin · · Score: 1

      Indeed. California is unique in that audio recordings without permission of all parties is a felony, nor a misdemeanor, or a civil offense. So, actually, not "jail" so much as "prison."

      If it's actually recording.

    6. Re:Define "listening" by Anonymous Coward · · Score: 0

      It's heaven for the NSA. So you have end to end encryption. We'll just hack your apps that you allow to use your microphone to listen in.

    7. Re:Define "listening" by Fnord666 · · Score: 1

      I mean, I know the old adage about "if all you have is a hammer, then everything looks like a nail," but that would be taking things to a whole new level.

      I thought it was "if all you have is a hammer, then everything looks like a skull".

      --
      'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
  12. Malice and incompetence by Anonymous Coward · · Score: 0

    This is probably incompetence (it's always best to assume).

    But there are lots of really interesting things a sports app might want to do with location and microphone -- identifying people recording/broadcasting a game for instance. Or tracking illicit broadcast of pay TV (Sky and the Premier League would try that in the UK), tracking illicit rebroadcast of foreign syndicates to get round the former...

    With subscriber information they might be trying to track down illegal gambling, etc.

  13. I used to work for a startup that did this. by generic_screenname · · Score: 1

    Ad networks are totally doing this. I don't have proof so I won't name names because I don't want to be sued for libel. The root of the problem is that the phone's permissions allow an app with microphone access to listen all the time whether or not the user is running the app in the foreground. Be suspicious of anything that needs microphone privileges, especially if it's something that has no reason to need to use the microphone. Looking at you, Twitter.

    1. Re:I used to work for a startup that did this. by PmanAce · · Score: 1

      Why not use ActivityLifeCycleCallbacks instead of the microphone to check if your app is running in the background or foreground without giving away a permission hint that you are doing this?

      --
      Tired of my customary (Score:1)
    2. Re:I used to work for a startup that did this. by generic_screenname · · Score: 2

      It's intentional. Media companies are embedding high-pitched codes that you can't hear into all sorts of things, like music. Your phone tells the advertiser what you're doing in meatspace. It's a whole new way to track you.

    3. Re:I used to work for a startup that did this. by PmanAce · · Score: 1

      Ah ok, thanks for the info, I didn't even know but very interesting!

      --
      Tired of my customary (Score:1)
  14. Its running by Anonymous Coward · · Score: 0

    Background or not, if it is running, it is running. I wouldn't use an app like this, because this lawsuit accuses it of working exactly as anyone should expect it to work.

  15. caveat by Anonymous Coward · · Score: 0

    This is a general rule: If it can be done, it will be done by someone...
    Russian Hackers, Chinese Hackers, FBI, NSA, CIA, Golden State Warriors...

  16. Waiting for secret command by necro81 · · Score: 3, Informative

    The eavesdropping algorithm is waiting for the secret command: "warriors, come out to plaaay-aay"

  17. Re:Apple can do NO wrong by EvilSS · · Score: 4, Informative

    so move along, nothing to see or hear.

    So, couple of things. First, it's the Android version that is the target of this lawsuit, not the iOS version. Second, on iOS anytime an app is using the microphone, the phone's status bar turns read and if the application is in the background there is a persistent, flashing notification under the status bar showing which application is using it. Tap the notification and it takes you back to that application.

    --
    I browse on +1 so AC's need not respond, I won't see it.
  18. Put somebody in jail by rbrander · · Score: 1

    Hey, this ECPA thing allows for imprisonment of up to five years! Let's send a message!

  19. Android permissions are crap ! by Anonymous Coward · · Score: 0

    The security model of Android sucks balls. Users should be able to configure each and every apps permissions how they want and should be able to set a default of "No" to evreything.

    This whole model of corporations thinking that we're going to just use any old crap they put out and let them do what they want with our files, force us to log on to their servers, force us to watch ads etc. is going to end in one way only.

    Intelligent people will simply stop using the shit altogether.

    1. Re:Android permissions are crap ! by jenningsthecat · · Score: 2

      This whole model of corporations thinking that we're going to just use any old crap they put out and let them do what they want with our files, force us to log on to their servers, force us to watch ads etc. is going to end in one way only.

      Intelligent people will simply stop using the shit altogether.

      There are lots of very intelligent people who, through lack of information or understanding, or simple lack of caring, are users of 'this shit'. I know some of them.

      It turns out that even smart people can be lulled into a stupor when they have the full bellies and constant diversions present in a bread 'n' circuses society. Entertainment and infotainment are the new opiate of the masses. That's why we have the corporate system of governance we now 'enjoy' throughout the developed world.

      --
      'The Economy' is a giant Ponzi scheme whose most pitiable suckers are the youngest among us and the yet-unborn.
  20. Why do you still own a smartphone? by kheldan · · Score: 1

    One more piece of evidence added to my ever-growing mountain of evidence that smartphone 'security' is about as solid as a colander -- and are just as likely made that way on purpose as not, to track our whereabouts 24/7/365, and collect as much data on us as possible. George Orwell thought it was going to be giant two-way televisions in our homes, that you can't turn off under penalty of law, but in fact it's the smartphone. Makes sense, though, doesn't it? That closes the one 'hole' in the always-on TV set, which can't track you once you leave the room it's in. They couldn't trick us into having tracking devices implanted in us, oh no! But they could sure trick us into voluntarily carrying a tracking device around with us, now couldn't they, by luring people in with Angry Birds and Candy Crush and Pokemon Go, and of course Facebook. Suckers..

    --
    Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
    1. Re:Why do you still own a smartphone? by Anonymous Coward · · Score: 0

      Why do you still own a computer?

      You computer's OS likely has a user based security model which is even worse than that used on smartphones. Any applications you install have access to anything your user does. Now is it the fault of the computer, smartphone, OS, or individual as to what users choose to install?

    2. Re:Why do you still own a smartphone? by kheldan · · Score: 1

      My computer runs out of EPROMs and a RAMdisk-based filesystem that is completely and totally erased every time I turn the computer off WHERE IS YOUR GOD NOW? xD

      --
      Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
    3. Re:Why do you still own a smartphone? by Anonymous Coward · · Score: 0

      You erased him him every time you turn off you computer.

    4. Re:Why do you still own a smartphone? by kheldan · · Score: 1

      2016:
      Believing in 'god'

      How's that two-digit IQ working for you? Is ignorance really bliss, like they say? I wouldn't know, LOL.

      --
      Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
  21. Re:Hey click-baiter... This is just be a bug by Anonymous Coward · · Score: 0

    Hey guys, we found the Homeland Security shill! Or do you work for the FBI? CIA? MIS? Or are you just some faggot corporate shill, protecting your faggot companys' data-collection platform? How about you go fuck yourself sideways with a rusty chainsaw, faggot shill?

  22. Not just Warriers: Map My Run by Anonymous Coward · · Score: 0

    I love Map My Run.

    But it uses 40% of my battery by the end of the day. In fact, I have to be careful now about getting the phone on the charger before it gets too late at night.

    So I force stopped the app (when I'm not using it). I only use it once or twice every other day anyway. This morning it has already consumed 5% of my battery in 2 hrs, WHILE IT"S FORCE STOPPED!!

    It's the biggest source of battery drain my phone has, and it doesn't even shut off when it's been shut off.

    Google, when I say STOP I mean STOP.

    1. Re: Not just Warriers: Map My Run by Anonymous Coward · · Score: 0

      Do you by chance have 24/7 motion tracking enabled?

  23. Re:Hey click-baiter... This is just be a bug by chronoglass · · Score: 1

    more than likely the microphone part is to listen for tones coming from game broadcasts for cross sell opportunities.
    there are a few companies offering this sort of "immersion" technology.

  24. Primary purpose of existance is for the data by Anonymous Coward · · Score: 0

    Microsoft / Windows 8 and 10 / CEIP do this all the time.