“Given the limited ability of Apple users to opt out of the revised policy and still be able to take advantage of the features of their Apple products, we are concerned about the impact the collection of such data could have on the privacy of Apple’s customers,” the lawmakers wrote in the letter.

 
To better understand the nature of Apple’s data collection practices, their possible impact on consumers, and the broader public policy implications of the data usage, the lawmakers requested responses from Apple to the following questions by July 12, 2010:

 
-Which specific Apple products are being used by Apple to collect geographic location data?
-When did Apple begin collecting this location data, and how often is data collected from a given consumer?
-Does Apple collect this location data from all consumers using Apple products? If the answer is no, please explain which consumers Apple is collecting information from and the reasons that these consumers were chosen for monitoring.
-How many consumers are subject to this collection of location data?
-What internal procedures are in place to ensure that any location data is stored “anonymously in a form that does not personally identify” individual consumers?
-Please explain in detail why Apple decided to begin collecting location data at this time, and how it intends to use the data.
-Is Apple sharing consumer location information collected through iPhones and iPads with AT&T or other telecommunications carriers?
-Who are the unspecified “partners and licensees” with which Apple shares this location data, and what are the terms and conditions of such information sharing? How does this comply with the requirements of Section 222 of the Communications Act, which mandates that no consumer location information be shared without the explicit prior consent of the consumer?
-Does Apple believe that legal boilerplate in a general information policy, which the consumer must agree to in order to download applications or updates, is fully consistent with the intent of Section 222, and sufficient to inform the consumer that the consumer’s location may be disclosed to other parties?  Has Apple or its legal counsel conducted an analysis of this issue?  If yes, please provide a copy.  If not, why not?
 

A full copy of the letter can be found here: http://markey.house.gov/docs/markeybartonapple.pdf