If you have a phone made by HTC or Samsung that operates on AT&T, Sprint or T-Mobile, you might have software on it from a company called Carrier IQ. The company says its software helps its customers improve their services by understanding how their networks and devices work. But some customers say it collects some awfully sensitive data in the process. Now Carrier IQ, HTC and Samsung are facing a couple of class-action lawsuits.
One of the lawsuits is a class-action suit filed by four mobile users in the U.S. District Court for the Northern District of California, against Carrier IQ, HTC and Samsung. The suit charges the companies with violating the federal Wiretap Act.
The other suit was filed by Sprint customer Erin Janek in U.S. District Court for the Eastern District of Missouri. Janek accuses Carrier IQ and HTC with unlawfully intercepting communications from private mobile phones, and alleges the companies surreptitiously monitored and collected data from private communications on the phone without her permission or knowledge.
Additionally, Congressman Ed Markey wants the FTC to investigate Carrier IQ. And Senator Al Franken wrote letters to the carriers and manufacturers and to Carrier IQ seeking answers.
Hacking expert Trevor Eckhart posted a video showing how Carrier IQ tracks his phone use.
Based on this video, Carrier IQ looks horribly invasive. It captures all of your keystrokes, as well as location and other data.
Carrier IQ says that it follows the law.
The company said in a statement on Thursday that its software collects data needed to diagnose network and device problems, but does not record, store or transmit the contents of text messages, email, photographs, audio or video.
"Our software makes your phone better by delivering intelligence on the performance of mobile devices and networks to help (mobile) operators provide optimal service efficiency," the company statement said.
However, Paul Ohm, a law professor at Colorado, told Forbes that Carrier IQ might very well be breaking the law.
“If CarrierIQ has gotten the handset manufactures to install secret software that records keystrokes intended for text messaging and the Internet and are sending some of that information back somewhere, this is very likely a federal wiretap.” he says. “And that gives the people wiretapped the right to sue and provides for significant monetary damages.”
Specifically, Ohm thinks that Carrier IQ is breaking the law by tracking when you send a text. He thinks Carrier IQ's software is very similar to rootkits that people installed on computers--something that he prosecuted while he was at the Justice Department.
Sounds like this company has an awful lot of explaining to do if it wants to avoid the fate of Comet Cursor.