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Iphone Businesses Government IOS Operating Systems Power Software United States Apple Technology

US Government Investigates Apple Over iPhone Battery Slowdowns (phonedog.com) 123

An anonymous reader quotes a report from PhoneDog: The U.S. Department of Justice and the Securities and Exchange Commission are investigating Apple about its updates that slowed performance on iPhones with older batteries. Sources speaking to Bloomberg say that the agencies are looking into whether Apple violated securities laws regarding disclosures about its updates that throttled older iPhones. So far, the DOJ and SEC have requested information from Apple. Because the investigation is still early, it's unclear if the agencies will actually take an action against Apple. Apple apologized for not being more clear about its actions after the news of its performance-throttling updates came out, but we've still seen class action lawsuits and now this investigation come out. The good news is that Apple will be more transparent about iPhone battery health and performance in the future, but for now, it'll have to deal with the DOJ and SEC.
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US Government Investigates Apple Over iPhone Battery Slowdowns

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  • Investigate! (Score:3, Insightful)

    by tripleevenfall ( 1990004 ) on Tuesday January 30, 2018 @04:07PM (#56035681)

    What's there to investigate, really? They admitted that they did it. The information is public. Is it illegal to write software which could be construed to have a useful purpose even if it negatively impacts performance? That could describe features of just about any software out there. Is this something we really want the government doing?

    • Re:Investigate! (Score:5, Insightful)

      by Austerity Empowers ( 669817 ) on Tuesday January 30, 2018 @04:15PM (#56035783)

      It's easier to shake them down than to actually fix broken tax laws. This is the shake-down.

    • Re:Investigate! (Score:5, Insightful)

      by twotacocombo ( 1529393 ) on Tuesday January 30, 2018 @04:20PM (#56035821)
      It's less about the technical facts and more about the intent. Did they truly slow these phones down for the sole intent of managing aging batteries, or did they do it knowing full well that it may discourage users of these phones enough that they would then see purchasing a new phone as the best course of action? If you cripple working phones in order to drive sales, is that not something you would want the government to investigate? Imagine if you had an older car and the manufacturer, without your knowledge or consent, dropped the performance of the engine down to a level that caused it to be sluggish and aggravating to drive. Would you not have a problem with this, no matter what reason they coughed up when pressured for an explanation?
      • If it's that or grenading the engine because they determined that piston ring wear (IIRC) was unacceptable at the higher torque?

        Dodge did just this with their computers. I have an 04 Hemi and no fuel gage because the newer pump (old fuel pump failed) requires newer firmware. Thing is, the newer firmware nerfed *all* the 5.7 Hemi's because some had a ring clearance issue... so I have a choice, decreased performance and (possibly) longer engine life, or keep it as is and have better performance, but might b

        • Well, was Dodge open about what they were doing and why? Or did it take a lot of digging after people wondered why their cars felt a decrease in performance before Dodge owned up to the fact that they gimped everyone's engine below the advertised specs without announcement? To me, it's less the act of doing what was done and more the total lack of information and transparency regarding it. Keeping something like this hidden just reeks of ill intent. If they came out and said "We're worried about blowing up
          • The initial TSB just said:
            "Reliability update for PCM"

            While Apple didn't communicate and that may be an issue, what they actually did is no different than this. The only way to get "pep" back in your engine was to buy a new PCM that wasn't flashed, or a newer model of the engine all together that had revised components.

      • by rtb61 ( 674572 )

        More importantly, the issue is a non user replaceable battery, which saves Apple money and generates big profits at replacement. So if more people noticed bad battery and more people replaced them, more people would be pissed off about the price. So in terms of longer term outcomes, the idea of non user replaceable batteries, designed obsolescence, loss of user capital worth in the products, also need to be checked. Should expensive phones need to last say a decade, with reasonable care and repair. How much

        • The battery that isn't easy to replace allows a larger battery inside the case. My iPhone 5S is about 7mm thick, and if a millimeter had to be lost for an easily replaceable battery that would either have reduced battery life significantly or thickened the phone significantly. People seem to buy slimmer phones, so making it thicker wasn't attractive.

          Seriously, if your battery is going to need to be changed every three years or so, how easy does it have to be?

      • by AmiMoJo ( 196126 )

        I think the original problem of phones crashing or the charge indicator suddenly going from 70% to 2% was just a genuine design flaw, a standard engineering cock-up due to lack of testing. Apple kind of has a history of similar mistakes over its whole product range.

        It's the response that is problematic. Did they take advantage of the situation to both cover up the flaw and enrich themselves? It certainly looks that way. In some countries they appear to have a legal obligation to offer free replacements or 7

    • by Anonymous Coward

      Intel should be investigated over all the shitty Spectre and Meltdown patches then.
      Intel is throttling to fix a problem. Apple is throttling to fix a problem.

    • by Anonymous Coward

      What's there to investigate, really? They admitted that they did it. The information is public. Is it illegal to write software which could be construed to have a useful purpose even if it negatively impacts performance? That could describe features of just about any software out there. Is this something we really want the government doing?

      It's just a bunch of politicians whoring for publicity, nothing unusual about that. However, if we are lucky they may end up doing some good by stumbling onto a few others in the industry who are doing this because I have my doubts Apple is the only one anymore than VW was the only diesel manufacturer to install test defeat devices. Although VW got all the blame messing with software to enable totally illegal NOx emissions, this has since turned out to be something of an favourite industry sport on both si

    • I don't know what they are investigating, but I for one would be looking for documentation (emails, meeting minutes, etc.) that people inside Apple also considered this as having the bonus side effect of getting people to buy new phones and if there was a plan in place to avoid disclosing the nature of the change, not making it a user selection on purpose, etc. And I don't know where I draw the line between big-brother being nosy and big-giant corporation taking advantage of their market position and nerfi
    • Re:Investigate! (Score:5, Insightful)

      by ljw1004 ( 764174 ) on Tuesday January 30, 2018 @04:38PM (#56035923)

      What's there to investigate, really? They admitted that they did it. The information is public.

      From TFS: agencies are looking into whether Apple violated securities laws regarding disclosures.

      Is this something we really want the government doing?

      Do we want the government checking whether publicly companies illegally fail to disclose important information to their investors? And punishing any companies found to have done so? -- YES, emphatically YES.

    • You have to document the impact to customers before the penalties can be assessed.

      Even if they admitted their mistake.

    • What's there to investigate, really? They admitted that they did it. The information is public. Is it illegal to write software which could be construed to have a useful purpose even if it negatively impacts performance? That could describe features of just about any software out there. Is this something we really want the government doing?

      I would think their is potential for investigation, the actions of apple at best can be considered poor if you accept their reasons. At worst it is criminal if the motives were what many suspect which is to force users to upgrade.

    • by Anonymous Coward

      the agencies are looking into whether Apple violated securities laws regarding disclosures about its updates that throttled older iPhones.

      It sounds like it's less about whether or not it's illegal to write malware, as it may be illegal to sell malware without telling customers and (more importantly) investors.

      They admitted that they did it.

      But nobody knows whether or not it was illegal. The "investigation" might be less about probing what Apple did, as asking lawyers what they think about what Apple did.

      Th

      • Why are you calling the changes malware? They serve the useful purpose of preventing the phone from crashing with too much power draw. The fact that they have some negative aspects doesn't make them malware. Consider Meltdown: Intel got maximum performance, but included a major security flaw, which is roughly the reverse.

    • And don't let them weasel out of the class action lawsuit with their fake $29 battery replacement offer. A coworker's son works at the local Apple store, and he said they're refusing to do about 90% of the replacements. I know the devices I took in from work were all denied due to one excuse or another.

      • And don't let them weasel out of the class action lawsuit with their fake $29 battery replacement offer. A coworker's son works at the local Apple store, and he said they're refusing to do about 90% of the replacements. I know the devices I took in from work were all denied due to one excuse or another.

        Prove it, or STFU.

    • I'm an Apple fan (though I like to think I'm not a fanboy), and I'm okay with this investigation. While the facts about what happened aren't in dispute, the decisions that led to those actions are in dispute, and depending on what they end up being, they might point towards misdeeds on Apple's part. For instance, while I doubt the government will find any indication of it, if Apple was slowing already-purchased phones down for the purpose of driving people to purchase new phones, there'd be some serious pro

      • I'm an Apple fan (though I like to think I'm not a fanboy), and I'm okay with this investigation. While the facts about what happened aren't in dispute, the decisions that led to those actions are in dispute, and depending on what they end up being, they might point towards misdeeds on Apple's part. For instance, while I doubt the government will find any indication of it, if Apple was slowing already-purchased phones down for the purpose of driving people to purchase new phones, there'd be some serious problems for them, given that they would have effectively been engaging in a bait-and-switch.

        I expect that the government will subpoena the relevant e-mails, investigate whether that was the intent, and then will almost certainly come to the conclusion that there's no evidence of Apple engaging in any wrongdoing. At the same time, I expect that the investigation will be dragged through the news cycles every few months whenever a politician or competitor who's opposed to Apple in some way needs a quick way to make Apple look like the bad guy.

        I.e. Politics as usual.

        Bullshit.

        Don't you find it a bit COMBEENIENT that this "investigation" come STRAIGHT on the heels of the FBI testifying in Congress about "unbreakable encryption"? Especially since we ALL know who has the best track record I. That regard...

        Conveeeeeenient, indeed.

    • No shit... I used to be part of writing a web browser (with a ridiculously large user base world wide) that intentionally reformatted web pages and shrunk content to reduce bandwidth consumption. I wonder if they'll come after us for altering content to save the user money. And no... we didn't give an option to download the full quality items if they requested. So if you really want to see Kim Kardashian's ass in all it's nasty glory, you'll have to use another web browser.... I wonder if that in itself is
    • You don't have to read TFS, but the second sentence does answer your question.
    • What's there to investigate, really? They admitted that they did it. The information is public. Is it illegal to write software which could be construed to have a useful purpose even if it negatively impacts performance? That could describe features of just about any software out there. Is this something we really want the government doing?

      Mod Parent UP!!!!

      This is THE crux of the biscuit!

      Score 100 Insightful!

  • I think they might be overstepping their charter a bit. About the SEC [sec.gov] from the horses mouth. I guess someone with too much money that happens to know someone high up, and owned one of the effected phones got all butt hurt.

    • by Luthair ( 847766 )
      Depends, did executives trade stocks knowing they had this time bomb?
    • They are not overstepping their charter at all. The SEC deals with company disclosures and they are investigating whether Apple breached the disclosure laws.
  • The government "investigates" a lot of things. However, Tim Cook was recently seen kissing The Donald's ass. No connection of course.

  • by Anonymous Coward

    More transparent? lol?

    More than half the people posting here defend their actions, saying throttling without notification is a perfectly acceptable behaviour. They've never been transparent before... what makes anyone think they'll change now?

  • It's better to use android over iPhone. I know it is style, it looks better but for better benefits android should adopt. If you have money but you don't know where to spend, then the Apple store is for you. https://brillins.com/ [brillins.com]
  • Apparently the rumors about "DOS is not done till Lotus wont run (in DR-DOS)" has reached the ears of the government. It will start an investigation anytime soon.
    • I thought that was MS-DOS...
      • DR DOS was the competitor to Ms-DOS. They kept modifying MS-DOS to make sure Lotus, if maintained compatibility with Ms-DOS would not run in DR-DOS. Well, it is so long ago, may be I am misremembering it..
        • I remember that Microsoft was developing Windows 3.1 at the time, and kept changing it so it wouldn't run under DR-DOS. Digital Research had to release a patch to allow Windows to run. Maybe that's what you remember.
    • Re: (Score:3, Insightful)

      by drinkypoo ( 153816 )

      Apparently the rumors about "DOS is not done till Lotus wont run (in DR-DOS)" has reached the ears of the government. It will start an investigation anytime soon.

      The USDoJ found that Microsoft had acted in basically every anticompetitive way possible, and then John Ashcroft (GWB's AG) declared that any punishment would not be in the best interest of America. Shortly thereafter, Gates formed his Foundation and continued the work on strong IP law that he began at Microsoft, this time largely on behalf of Big Pharma [wsj.com] — financially benefiting both the Foundation, and Gates directly. This is merely an escalation of the earlier strong-arm tactics [wikipedia.org] of the Business Soft [techrights.org]

  • by Anonymous Coward

    Do you remember how Apples PR team quickly jumped at offering customers a solution of replacing their cell phone battery for cheap?

    Well what good is a solution if the company will not "act" on it?

    I have two clients that were turned away from Apple after attempting to get their battery replaced for their IPhone 6.
    They were told by the reps that there are no batteries available, "they may come in April". Then the rep immediately tried to encourage my client to buy a new phone.

    Has anyone else experienced this?

    • Do you remember how Apples PR team quickly jumped at offering customers a solution of replacing their cell phone battery for cheap?

      Well what good is a solution if the company will not "act" on it?

      I have two clients that were turned away from Apple after attempting to get their battery replaced for their IPhone 6.
      They were told by the reps that there are no batteries available, "they may come in April". Then the rep immediately tried to encourage my client to buy a new phone.

      Has anyone else experienced this?

      It is becoming tiring that companies can say whatever suites them to make problems go away.
      Will we ever live in a world of corporate accountability?

      Hey dumbass!

      There ARE no batteries available, thanks to everyone FORCING Apple to replace batteries that are still at 90+ capacity, like the battery on my iPhone 6 Plus that is over THREE years old, and sitting at 93% battery capacity.

      • by swb ( 14022 )

        How do you know how much capacity is left in the battery? Is there a diagnostic that shows?

        I have a iPhone 6 Plus that has some weird battery behavior (jumping battery charge levels from like 80% to 49% and then staying at 49% for ages).

        • How do you know how much capacity is left in the battery? Is there a diagnostic that shows?

          I have a iPhone 6 Plus that has some weird battery behavior (jumping battery charge levels from like 80% to 49% and then staying at 49% for ages).

          I believe that Apple is going to add that to a future version of iOS; HOWEVER, there are several Apps that show Battery "Health" as a Percentage.

          The one that I used, and that several people on MacRumors were citing as "coming up with the same value as Apple's Genius-Bar Diagnostic" is called "Battery Life". But beware! There are actually TWO Apps that have VERY similar Icons, both are called "Battery Life". But one gives you the "Battery Life" as a Percentage of "Wear", and the other gives you the Percentag

          • by swb ( 14022 )

            Thanks for the info. I looked at the screenshots and I guess it's not clear to me that this one really has what it takes to do real analysis against the battery.

            It's not clear to me that Apple provides a public developer API for reading more than battery percentage (I actually looked it up).

            I would think any battery diagnostic app would have to monitor low level battery details while presenting a well-calibrated load (ie, that produces a known mAh real electrical load) against the phone's electrical system

      • by AmiMoJo ( 196126 )

        You are basing your remaining battery capacity on Apple's down app. When they used that app to check my girlfriend's battery they found it had 87% remaining, but that didn't stop it from suddenly jumping from 50% charged to 2% charged, or randomly powering off.

        I think all the app does is measure the amount of energy that the battery stores, not its ability to deliver high currents. As such even if your battery still stores 90% of its rated energy, it might not actually work properly in your phone.

        • You are basing your remaining battery capacity on Apple's down app. When they used that app to check my girlfriend's battery they found it had 87% remaining, but that didn't stop it from suddenly jumping from 50% charged to 2% charged, or randomly powering off.

          I think all the app does is measure the amount of energy that the battery stores, not its ability to deliver high currents. As such even if your battery still stores 90% of its rated energy, it might not actually work properly in your phone.

          I was using a third party app that many people on MacRumors were recommending as "agreeing" with the Apple "Genius-Bar" Diagnostic.

          https://itunes.apple.com/us/ap... [apple.com]

          It is called "Battery Life", and displays a "quickie look" of battery "wear", or you can look at the Raw Data. In the "Raw Data" view, it shows both the current battery charge, as well as an obviously-averaged "Capacity", in which it compares to the design-spec for the particular battery. So, for example, that bargraph shows that my "Capacity" is

          • by AmiMoJo ( 196126 )

            Right, so it's only showing capacity, not current delivery capability. This it is worthless for diagnosing this issue.

            • Right, so it's only showing capacity, not current delivery capability. This it is worthless for diagnosing this issue.

              not unrelated, generally; so definitely NOT "worthless". And the current delivery capacity involves measuring the battery's effective series resistance, which is kind of hard for a simple App to do.

              So, of you're so smart, why don't you show us all how it's done, and release an iOS App that can accurately measure "current delivery capacity" with any reasonable accuracy and repeatability whatsoever.

              Tool.

              • by AmiMoJo ( 196126 )

                Measuring the current delivery capability is easy, and in fact exactly what Apple does to detect when throttling is required. Since V=IR it's a simple matter of loading up the CPU to draw some fairly consistent current and measuring how much the battery voltage collapses.

                It should be possible to do in an app if apps can measure battery voltage.

                • Measuring the current delivery capability is easy, and in fact exactly what Apple does to detect when throttling is required. Since V=IR it's a simple matter of loading up the CPU to draw some fairly consistent current and measuring how much the battery voltage collapses.

                  It should be possible to do in an app if apps can measure battery voltage.

                  I understand V = IR, but there is no way to accurately determine "I".

                  You say "just keep loading up the CPU and watch battery Voltage." The problem is, it really isn't that simple. Even asuming that Apps can read battery voltage directly, There are still too many variables to ACCURATELY predict current draw from just Instantaneous CPU load.

                  Sorry, the ONLY way to measure DC current flow accurately is with a current shunt. But I VERY much doubt that something as power sensitive as a smartphone would want to wa

                  • by AmiMoJo ( 196126 )

                    I is the thing you are calculating by measuring V and using a fixed R. Well, not R exactly, but a fixed load, which is the CPU at 100%.

                    Say you decide that your test will be CPU at 100% on both cores, screen on maximum brightness, radios turned off. That's going to be fairly consistent across devices. If you are Apple you can even measure I under these conditions, but you don't actually need to. All you need to do is measure V, and do it on a decent number of sample devices, checking at what point the drop i

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