Man sues Apple for accidentally exposing his infidelity
Man sues Apple for accidentally exposing his infidelity

Man sues Apple for accidentally exposing his infidelity

A British man is ridiculously attempting to sue Apple following a divorce, caused by his wife finding messages to a prostitute he deleted from his iPhone that were still accessible on an iMac.
In the last years of his marriage, a man referred to as "Richard" started to use the services of prostitutes, without his wife's knowledge. To try and keep the communications secret, he used iMessages on his iPhone, but then deleted the messages.
Despite being careful on his iPhone to cover his tracks, he didn't count on Apple's ecosystem automatically synchronizing his messaging history with the family iMac. Apparently, he wasn't careful enough to use Family Sharing for iCloud, or discrete user accounts on the Mac.
The Times reports the wife saw the message when she opened iMessage on the iMac. She also saw years of messages to prostitutes, revealing a long period of infidelity by her husband.
Except he used the same account for his prostitute texting device as for the family pc.
It's simple user error. You can't have privacy from someone else who shares the same login.
I generally don't like Apple, but I think crying about privacy violation because someone you're willingly sharing your account with saw your stuff is not reasonable.
My kid sometimes takes pictures of my SO naked because they know how to access the camera. My SO deletes them as soon as they find them. If those pictures were synced to another computer, the expectation is that those pictures would be deleted from that other computer as well. Not deleting those pictures on the other computer is absolutely a privacy concern.
That's the case here as well. It's reasonable to think of iMessage as one blob of data, where deleting from one device deletes all copies from other devices. In Apple jargon, it should "just work." If it doesn't "just work" as a reasonable person would expect and that results in damages, I think it's reasonable for Apple to share in those damages.
I use Apple sync on all my devices including my computer and it does delete from one device to another IF you have sync set up properly. And it’s not instantaneous, it happens when the cloud sync happens. When the computer is off or in sleep, it’s not syncing and once it’s woken up, sometimes it takes a minute to sync up. My guess, it was either not set up right or it hadn’t sync’d yet.
Other possibility, he didn’t know about the deleted folder where deleted messages sit for 30 days unless you clear it (like a computer trash can).
While I don't necessarily agree in this case, you did remind me of something Justice Kirby (an Australia Hugh Court (our highest court) Judge) wrote in his dissent in Carr v Western Australia.^1
^1 232 CLR 138, 188 [170].