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Windows Phone 7 operating system  (Source:
The lawsuit was filed in a Seattle federal court yesterday, and claims that Microsoft intentionally designed the camera's software on WP7 so that customer requests to not be tracked would be ignored

Earlier this year, we discovered that Apple was tracking users' locations via iPhones and iPads, and then storing this information in a local file. Now, Microsoft is allegedly tracking users' locations with software on the Windows Phone 7.

Camera software on the Microsoft Windows Phone 7 operating system has allegedly been tracking the location of its mobile users -- even after they request that the tracking software be turned off. 

U.S. citizen and Windows Phone 7 user Rebecca Cousineau is now 
suing Microsoft on her own behalf and on behalf of all others who have this software. The proposed class action was filed in a Seattle federal court yesterday, and claims that Microsoft intentionally designed the camera's software on WP7 so that customer requests to not be tracked would be ignored. In addition, the litigation claims that Microsoft transmits data while the camera software is on, such as latitude and longitude coordinate's of the device. 

The lawsuit also presents a letter that Microsoft sent to Congress saying that the company only collects geolocation data with consent of the user. 

"Microsoft's representations to Congress were false," said the lawsuit. 

The case is Rebecca Cousineau, individually on her own behalf and on behalf of others similarly situated v. Microsoft Corp., 11-cv-1438. It will take place in U.S. District Court, Western District of Washington, and Cousineau seeks an injunction as well as punitive damages and "other remedies."

The tech industry has faced increased scrutiny from lawmakers in recent years due to the exploitation of location data for marketing-related reasons without the user's consent. Tech companies like Apple and social networking giant Facebook are just a couple of examples of those who collect information such as geolocation data. With the data/location mining industry becoming a "potentially multibillion-dollar industry," tech companies are beginning to jump on the bandwagon.

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RE: Intentionally...
By DrApop on 9/1/2011 10:16:37 AM , Rating: 3
Well, did she tell them not to track her? Did they say they would not? Are they still "logging" her locations?

If they said they would not track yet they still have, and are receiving locations data AND logging the information. Well that is more than a simple programming error.

If they are not logging the info but are still receiving the info, they ought to tell users that it can't be turned off even if MS isn't collecting the data.

Just my opinion

RE: Intentionally...
By cjohnson2136 on 9/1/2011 10:21:47 AM , Rating: 2
But if no one told of the bug they would not know that it is there. Also it could be a simple program error if say when you hit "Don't Track Me" some code might have been commented out when they were developing and forgot to uncomment it. It could be as simple as that. I am just saying the lady doesn't have a clue why it is still tracking but I highly doubt it is because MSFT intentionally left it to track her.

RE: Intentionally...
By kleinma on 9/1/2011 10:21:50 AM , Rating: 3
I am more curious to know exactly how this woman knows data is being transmitted???

RE: Intentionally...
By cjohnson2136 on 9/1/2011 10:24:08 AM , Rating: 1
I bet this is more an issue in that she accidently hit yes track me when she meant to say no.

RE: Intentionally...
By R3T4rd on 9/1/2011 10:30:03 AM , Rating: 3
Sounds like this is the case. Until technically proven like that of Apple's iPhone, I would take what this women claims with a grain of salt. I want facts not someone crying foul.

"There's no chance that the iPhone is going to get any significant market share. No chance." -- Microsoft CEO Steve Ballmer

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