End user license agreement grants Apple the right to poke through your iCloud

Mar 25, 2014 12:04 GMT  ·  By

A former Microsoft employee recently got arrested because his emails gave away a fraudulent business of selling Windows 8 source code. Apple would also “betray” one of its own customers in a similar situation, according to a recent finding.

The EULA, or End User License Agreement that everyone accepts without reading, expressly states that Apple (and other hot shot corporations) reserve the right to dig up your emails and hand them over to the authorities if necessary.

As Alex Hern (of The Guardian) found out, Apple practically gives its right to itself when you click agree. Another way of putting it is that you giving this right to Apple. It’s stenciled right in the iCloud Terms and Conditions.

The document is several pages long, but one key paragraph stands out (reproduced below).

“You acknowledge and agree that Apple may, without liability to you, access, use, preserve and/or disclose your Account information and Content to law enforcement authorities, government officials, and/or a third party, as Apple believes is reasonably necessary or appropriate, if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Apple, its users, a third party, or the public as required or permitted by law.”

So there you have it. Nothing (many of) you probably didn’t already know, but it’s always good to make it crystal clear how your data is being handled.

Since iCloud doesn’t just store emails, but also photos and videos, that information could also theoretically end up on the FBI’s computers if the feds request it from Apple. It all depends on what you do that forces the company to comply.

To make one thing clear, this is not something you (or anyone else, for that matter) have any control over. It’s a right Apple has whether you like it or not, because big corporations have a responsibility not to facilitate illegal activities.

And if you’re thinking you may have a few incriminatory emails in your inbox, deleting them probably won’t help if you’re already on a black list. Apple can still find them on its servers long after you’ve erased them.