Re: [2600-AU] Apple cannot be trusted - violation of Australian federal Data Protection/Electronic Crime Law
Thank you for taking the time to write this up, appreciated. Also, to all Crapple users, "You get what you firetrucking deserve." As one might say, "dance with the devil, suffer the devil". Everyone who supports, promotes, or otherwise tacitly consents to, proprietary walled gardens such as Apple, Google, Microsoft etc, are contributing to the evident and abundant compromise of our basic human rights. The Purism Librem 5 phone is slowly rolling out, and is the only phone (or computer of any mainstream sort) today, which is designed from the ground up to separate the (proprietary, closed) baseband cpu from the user's primary cpu and RAM etc.: https://puri.sm/products/librem-5/ Create your world, On Wed, Dec 04, 2019 at 11:03:02AM +1100, admin@reviews.wox.org wrote:
Here is something you probably wont see in the news.
Considering it just happened to someone close to me who is now borderline suicidal as a result (pity lawyers are expensive..) thus as an emotive topic it may colour my opinions here. TLDR; Do not use any Apple device for anything important with respect to photos or videos. They care nothing for your data integrity and will not hesitate to delete it to punish you.
Under certain conditions (typically if you remove and bank or credit card payment details from your apple account because common sense) if you use Apple products connected to their icloud service - Apple can and will randomly delete photos and videos from your device and cloud storage. Considering this violates Australian law with regard to unauthorised insertion/deletion/modification of data, they probably shouldn't be doing this.
Here are the conditions that led to it in this case -
1. Device running low on storage (~ 1000 family photos and short videos going back years including the now deceased - sounds like a lot but most videos were under 4 seconds except 2 or 3) 2. Enabled icloud to move them to cloud. 3. Cloud advises you may need more storage, demands payment details. 4. Payment details added 5. cloud sync throws an error and appears to fail. 6. end of month rolls around few weeks later, cloud still not working but we discover Apple bills them anyway, user rage ensues 7. User annoyed that cloud backup didn't work, and getting charged for this crap removes payment details, and cancels the unused additional storage 8. Cloud gives some unintelligible error and warning about removing payment detail (give us payment details or else basically) 9. end of next month rolls around 10. suddenly all the items that failed to be moved to cloud (which incidentally were still in the device, and had failed to sync leading to cancellation) start randomly deleting themselves, as daughter of owner is watching in horror, she was literally looking in an album she created, and the photos started disappearing as she watched. This was after a day with no wifi - so getting back online triggered this. 11. Frantically checks recently deleted items folder, and logs into icloud website to check as well. No sign of any of them anywhere, no explanation. Just gone. 12. nothing in icloud but a handful of entirely random images (~300) and videos (~60) maybe 2 gb tops. Over 900 videos and 1000 photos vanish into thin air. The items kept or removed seem to have no pattern and nothing in common, ranging from old to new stuff.
You can imagine the devastating effect this had on the morale of the ipad users.
As a computer repairer I have also seen another scenario - If you are stupid enough to enable a pin security lock screen on your Apple device, but you don't use icloud at all, especially if your device was setup prior to icloud - and for whatever reason (accidental pocket button pressing, child playing with screen etc) your pin is entered several times incorrectly you will be double screwed.
1. The apple device will lock itself from having the pin entered again (often for absurd timeouts like a year or more, or forever) - this can apparently also cause the device to "burn/delete its data" under the assumption the device has been stolen. There is no way to recover the data in this scenario even if the device has an old enough IOS the memory hasn't been "burned" (in addition not upgrading the IOS will also punish you in several other ways I wont go into) needless to say the data is now gone. 2. As an additional F-U if you don't remember the login details of the original itunes account used when the device was originally purchased (a very common scenario where people only used it as an actual phone, and sometimes a camera - like normal people would), OR if the account is so old is has been disabled(frequently happens if you didn't add payment details to itunes, and had no internet or net was disabled for a year or more), or none of the recovery info is current any more for whatever reason (phone numbers change, and ISPs care nothing for your old email addresses) - it will also not be possible to ever use the device again either, it will again revert to the assumption the device is stolen, and demand you connect it to an "authorised" pc running itunes, even if it has never been plugged into a PC. Even then if you attempt a last resort "DFU" mode recovery it will fail, as you will be unable to progress past the "log into original icloud/itunes account to proceed" screen once you factory restore it. Sometimes if you had a really old IOS it will let you in, but any recent (~2 years) IOS will for all practical purposes brick you at the login screen.
<begin ranty venting> Basically I feel only an idiot, terrorist, kiddie porn scumbag or an Apple fanboi who needs to hide their sick shit (at this point all the same thing IMO) should use an Apple device anymore. </end ranty venting>
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Here is something you probably wont see in the news.
Considering it just happened to someone close to me who is now borderline suicidal as a result (pity lawyers are expensive..) thus as an emotive topic it may colour my opinions here. TLDR; Do not use any Apple device for anything important with respect to photos or videos. They care nothing for your data integrity and will not hesitate to delete it to punish you.
By the way, the fundamentals of a legal claim are actually very easy, if a little time consuming - you need at core, only two documents: 1. An originating process - e.g. Statement of Claim, or e.g. the Small Claims Tribunal (or whatever that is called in your state) which costs only about $40, or may be a few hundred if you go to the Magistrates' Court (State of Claim). 2. Your story. In Australia, this is called an affidavit. Do NOT do just a Statement or Statutory Declaration - e.g. the small claims forums often say "just do a statement or stat dec", but that is insufficient on any appeal, so just do an Affidavit straight away (i.e., properly witnessed). That's it. Apple is clearly at fault, and this particular claim is for three primary claims: 1. Damages (i.e. financial) of lost time, any money spent trying to recover the lost photos, and your filing fees, parking ticket costs etc. Probably not much. 2. Damages for which damages are insufficient. This is the emotional anxiety, children's loss etc. 3. Exemplary damages. This is the big one, and it means "Apple knows better, they must suffer a relevant payment to you in order to set an example to both Apple, and other players in the industry, that their actions causing this damage, must have consequences which the community sees (justice must be seen to be done)." So that's the three primary claims, and the grounds are very simple - - Apple actively deleted files without consent and without notice to the user. - Apple has a duty of care to protect the documents, photos, and videos of end users, and to not delete these without consent. - Apple therefore failed in a fundamental duty of care to the claimant. With the above simple docs in place (including affidavit, not stat dec, so you're ready for the supreme court), Apple will likely settle out of court rather than make it go further (and turn into a big public spectacle). And by doing the paperwork yourself, you are not beholden to the threat that you may lose and suffer literally tens of thousands of dollars of legal fees. Cerate your world, DISCLAIMER: I am not a lawyer, this is not legal advice, by law I'm probably required to say to you that "you must seek legal advice in legal matters," though if you DO represent yourself, you may experience feelz of euphoria, liberation, freedom from lawfare tyranny and other joyous feelz which leave you "over the moon" even if you did happen to lose or settle for a small amount. Iuris caveat emptor.
Cerate your world,
So this was of course s/Cerate/Create/, but on a little dict lookup, "cerate" is sort of like ointment but a little thicker, so "cerate your world" is sort of "apply some healing and soothing balm to your world" :)
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Zenaan Harkness