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."

Comments

Define "listening"

[Sumus Semper Una]

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.

Re:Define "listening"

[Anonymous Coward]

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.

Re:Define "listening"

[rbrander]

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.

Waiting for secret command

[necro81]

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

Re:Not possible with Free software

[pauljlucas]

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.

Re:I used to work for a startup that did this.

[generic_screenname]

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.

Re:Apple can do NO wrong

[EvilSS]

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.

Re:Android permissions are crap !

[jenningsthecat]

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.