Microsoft accused of tracking Windows Phone 7 user via the camera app

August 31, 2011 | By Surur

Microsoft has been presented with a lawsuit by a Windows Phone 7 user accusing the company of tracking customers via the camera app, even when the user request tracking be turned off.

The suit claims Microsoft transmits data — including approximate latitude and longitude coordinates of the user’s device — while the camera application is activated and is seeking an injunction and punitive damages, among other remedies. The suit is seeking class action status.

The case, being brought in U.S. District Court, Western District of Washington by Rebecca Cousineau, claims Microsoft has told US Congress Microsoft only collects geolocation data with the express consent of the user, but that “Microsoft’s representations to Congress were false.”

Microsoft declined to comment on the suit.

About Surur

Site Admin and Windows Phone enthusiast, he has been using Windows Mobile devices since before they were called PocketPC’s. He is currently sporting a HTC 7 Trophy.

Tagged microsoft, windows phone 7

http://twitter.com/bySeon Seon

ooo how stealthy of Microsoft… perhaps this is excess code error?

Anonymous

I suspect it has to do with automatically uploading geotagged photos to Skydrive, which would make Rebecca pretty paranoid.

Anonymous

As Molly Wood recently proved, some people miss obvious things such as the massive “Allow the camera to use your location?” prompt.

http://www.facebook.com/people/Jason-Boyd/576666141 Jason Boyd

Yeah this is just a case of someone trying to make a scene out of a feature that every phone does. Geotagging of photos is on unless you turn it off, I expect this to get thrown out pretty quickly

http://twitter.com/bySeon Seon

ooo how stealthy of Microsoft… perhaps this is excess code error?
Anonymous

“punitive damages” really??

Anonymous

for geotagging. lol…

http://fxfp.com/ Alex F.

Is that because of the option to include location information in photos?
http://www.facebook.com/profile.php?id=5738101 Bakari Kamau

Well I hope their suite is comfortable. No clue why Microsoft wouldn’t shell out for nice lodgings.
http://www.facebook.com/profile.php?id=734421491 Benjamin R Mendez

another bitch trying to get rich of someone else…
http://www.facebook.com/profile.php?id=734421491 Benjamin R Mendez

another bitch trying to get rich of someone else…

Anonymous

Damn Benjamin! Tell us how you really feel next time…lol!
Anonymous

Damn Benjamin! Tell us how you really feel next time…lol!
http://www.facebook.com/people/Clint-Curry/100000764137308 Clint Curry

aint that the truth!

Richard Durishin

Doesn’t the carrier already know where you are via cell tower triangulation?

http://www.twitter.com/wixostrix WixosTrix

Yes, but apparently the issue is that it’s Microsoft who is “tracking you” and not the carriers. I love how people just assume these companies are tracking them. Tracking is an action, no one at Microsoft, or any of these companies for that matter, is actively tracking anyone down.

Anonymous

Well, we can put this frivolous issue to rest. I just tested in my Mango phone. The picture hub has two switches. The first time you use the camera it asks if you want to store GPS info in photos. Then it sets on the switch to add GPS info to pictures, but leaves off by default the switch to ‘keep location info in uploaded photos’. So, even if you make the mistake of accepting to store location info in your photos, as soon as you upload them the GPS info is removed. So I played with both switches: if you select not to store location in photos, it doesn’t do it, and if you select not to keep location on uploaded photos it removes location info if you upload to skydrive, send photo in email, etc.
So, is tested, so Rebecca can STFU.

Anonymous

As far as I am aware this is not about geotagging photos. I have yet to see a geotagged photo contain a unique ID and nearby Wi-Fi access points which is what the suit claims.

http://www.facebook.com/dirtydogg Donnie Ellis

It actually is about geotagging photos, according to Microsoft’s privacy policy they collect location data whenever an application that has been granted location permissions is launched. So in theory if you have geotagging on in the camera app you are “giving” Microsoft permission to use your location data.

Anonymous

Uhh, if I recall, my phone asked me if I want that option…Oh well, another as$ hole wanting to get crazy m$$. You have better chances with Droid…
Anonymous

Uhh, if I recall, my phone asked me if I want that option…Oh well, another as$ hole wanting to get crazy m$$. You have better chances with Droid…
http://twitter.com/RobertCFP Robert Wade

That’s why cousins should never marry. Stupid, frivolous lawsuit.