Facebook preparing to take Apple to court over iOS 14 privacy features

Posted:
in General Discussion edited January 2021
Facebook is reportedly preparing an antitrust lawsuit against Apple over App Store policies and an upcoming iOS 14 privacy feature, though plans to file it aren't set in stone.

Credit: Facebook
Credit: Facebook


The social media giant has been working with outside legal counsel on the complaint, which would allege that Apple "abused its power in the smartphone market by forcing app developers to abide by App Store rules that Apple's own apps don't have to follow," according to a new report from The Information.

Although the lawsuit would be a significant escalation of the deteriorating relationship between Apple and Facebook, people familiar with the matter said that Facebook may ultimately decide not to file it. Sources say that Facebook faces "internal resistance" from employees about the high-profile battle with the Cupertino tech giant.

According to the report, the lawsuit is focused on an upcoming change that would make a certain type of user tracking tag explicitly opt-in. In 2020, Facebook launched a campaign against the privacy feature claiming that it could reduce advertising revenue and hurt small businesses.

The social media giant could seek monetary damages in the suit, but a more significant goal of the complaint would be to change Apple's App Store and developer guidelines.

Facebook has considered bringing other companies into the suit as well. This also isn't the first time Facebook has shown willingness to go up against Apple in court. In December, it said it would produce internal documents to aid Epic Games in its own legal battle with Apple.

For the most part, Apple and Facebook have stayed out of each other's way for years. But tensions over each company's handling of user data and privacy have flared up in the past. Tim Cook has been critical of Facebook's mishandling of consumer data, while Facebook took aim at Apple's supposedly premium prices.

Those tensions have escalated with the planned change to the Identifier for Advertisers (IDFA) tag, which Apple announced in 2020 but delayed until 2021 to give developers more time to prepare.

Facebook ramped up its opposition to the feature in late 2020, running full-page newspaper ads and in-app prompts advising business users that their revenues could take a hit. Despite that, earlier in January, Facebook said that it would have "no choice" but to comply with the change.

There are some signs that even Facebook employees are concerned about the high-profile dustup. In December, a report indicated that some staffers at the social media giant expressed concerns that Facebook's attacks could be seen as self-serving, rather than in the interests of small businesses.

While Facebook and other advertising-reliant organizations have voiced concerns over the feature, digital rights and privacy groups have praised Apple for it.

Despite the criticisms, Apple says it remains committed to the privacy feature. On Wednesday, the company announced that the anti-tracking feature would arrive in the next iOS beta before ahead of a launch in the spring.
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Comments

  • Reply 1 of 60
    F_Kent_DF_Kent_D Posts: 98unconfirmed, member
    Facebook will never win against Apple in a privacy lawsuit. Good luck Zuck. 
    williamlondonCuJoYYCbuttesilverrcfapulseimageskillroyMactintn2itivguymacseekercornchip
  • Reply 2 of 60
    k2kwk2kw Posts: 2,077member
    I expect FB to prevail because Apple’s legal department is Less Successful than Rudy Guillianni. 
    williamlondonRayz2016MacProfotoformat
  • Reply 3 of 60
    Can't wait to get all his arguments on the record for why he should be able to violate everyone's privacy, pretty sure all of them will boil down to "because we profit."

    What a fuckwit, vying for the most evil man on the planet he is.
    CuJoYYCDogpersonbuttesilverrcfamcdavepulseimageskillroyMactintspock1234n2itivguy
  • Reply 4 of 60
    So, the argument is, "You must feed user information to us without restriction."

    Hey FB, why not make your own phone?  All the cool kids are doing it.
    CuJoYYCDogpersonrcfapulseimageskillroyMactintn2itivguykarmadavewatto_cobra
  • Reply 5 of 60
    I don’t understand what the rationale for a case like this would be - I thought the Apple changes are explicitly made opt-in or opt-out?
    DogpersonMacPropulseimageskillroywatto_cobra
  • Reply 6 of 60
    genovellegenovelle Posts: 1,481member
    I don’t understand what the rationale for a case like this would be - I thought the Apple changes are explicitly made opt-in or opt-out?
    He only makes money if they track and sell the data. What he is mad about is having to tell the user they are being tracked and who will get access to that data.
    lkruppCuJoYYCGG1Andy.HardwakeDogpersonbuttesilverrcfapulseimageskillroywatto_cobra
  • Reply 7 of 60
    MplsPMplsP Posts: 4,006member
    "we have a right to violate people's privacy and we'll sue to protect it!"
    GG1CuJoYYCAndy.HardwakeDogpersonbuttesilverfotoformatrcfakillroyhydrogenrob55
  • Reply 8 of 60
    retrogustoretrogusto Posts: 1,132member
    I’d think Zuckerberg would want to draw as little attention as possible to his situation, but maybe he’s a little deluded about what he should be allowed to do. The way I see it, the less people think about how Facebook earns their money, the better it is for them—it’s like a sausage maker commissioning a documentary about how the sausage is made. 
    DogpersonbuttesilverwilliamlondonllamarcfakillroyapplguyMactintspock1234
  • Reply 9 of 60
    GG1GG1 Posts: 483member
    So, the argument is, "You must feed user information to us without restriction."

    Hey FB, why not make your own phone?  All the cool kids are doing it.
    https://www.cnet.com/news/heres-why-the-facebook-phone-flopped/
    rcfakillroyapplguywatto_cobra
  • Reply 10 of 60
    It's behavior like this that encourages me that I made the correct decision to close both my Instagram and Facebook accounts, permanently. 
    Andy.Hardwakebuttesilverentropyskillroywatto_cobra
  • Reply 11 of 60
    thrangthrang Posts: 1,031member
    "Apple "abused its power in the smartphone market by forcing app developers to abide by App Store rules that Apple's own apps don't have to follow," 

    I've heard this floated around before.... what specifically is being referred to here?
    killroywatto_cobra
  • Reply 12 of 60
    GG1GG1 Posts: 483member
    I don’t understand what the rationale for a case like this would be - I thought the Apple changes are explicitly made opt-in or opt-out?
    Exactly, Zuck can still slurp the same data as before as long as people opt-in, so I see this lawsuit as having no grounds (disclaimer: I am not a lawyer).
    watto_cobra
  • Reply 13 of 60
    Hey Zuck, take this photo also to the court..

    spock1234fotoformatkillroystudiomusicwatto_cobra
  • Reply 14 of 60
    In other words, everyone should be allowed into my store, gather intel on my customers without their permission and not pay me a penny for access to my state of the art devices, software and other intellectual properties that I alone spend a fortune on everyday and every year to market, research, develop, manufacture, sell and patent to stay competitive? 
    spock1234Dogpersonkillroycogitodexterwatto_cobra
  • Reply 15 of 60
    longpath said:
    It's behavior like this that encourages me that I made the correct decision to close both my Instagram and Facebook accounts, permanently. 
    Exactly my thoughts when I was closing mine last March
    entropysplanetary paulkillroywatto_cobra
  • Reply 16 of 60
    mjtomlinmjtomlin Posts: 2,687member
    thrang said:
    "Apple "abused its power in the smartphone market by forcing app developers to abide by App Store rules that Apple's own apps don't have to follow," 

    I've heard this floated around before.... what specifically is being referred to here?

    Apps and services that come preinstalled on Apple's hardware is the heart of that argument along with the operating system itself. For some reason Facebook and some other developers think it is unfair for "Apple" to have unfettered access to user data and device information on Apple's devices and not grant apps the same path to access that data. The problem with that argument is that it's actually the device itself, not Apple, that has access to that data. How many times have we heard Apple say, "it all happens on device", when referring to some feature or service?

    But of course their thinking here is that even though Apple says they aren't collecting user data, they probably are. And the reason they think that is because that's exactly how Facebook and those other developers operate; even though you tell them one thing, they're still collecting all that data. And at some point they change their user agreement and can then start monetizing all that data.
    edited January 2021 watto_cobra
  • Reply 17 of 60
    maccamacca Posts: 27member
    I don’t understand what the rationale for a case like this would be - I thought the Apple changes are explicitly made opt-in or opt-out?
    Yep they are. It will pop up a warning and ask you to make you a choice.

    However this is too much for Facebook! HOW DARE you give iPhone users a choice about their own data!!!
    killroywatto_cobra
  • Reply 18 of 60
    gatorguygatorguy Posts: 24,605member
    Zuckerberg's reaction may have as much to do with Google's plans to do much the same as Apple has done and hoping to cut them off at the pass before they get there.  having both major platforms restrict 3rd party Facebook's access to private user data is something they surely want to avoid. 
    edited January 2021 killroy
  • Reply 19 of 60
    bageljoeybageljoey Posts: 2,008member
    Sadly, regardless of legal action, this issue will resolve itself in Facebook’s favor. 
    They will simply make a game “answer these 5 questions to find out what flavor cake you are” and before it reveals the answer, you will have to click on a little box opting in to giving unfettered access.  90% of the public will do it ...
    llamalarryawatto_cobra
  • Reply 20 of 60
    k2kw said:
    I expect FB to prevail because Apple’s legal department is Less Successful than Rudy Guillianni. 
    Not the slightest bit witty and creative, nor does it score any points in the sarcasm department. Sad is amore accurate description.
    williamlondonJanNLDogpersonkillroywatto_cobra
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