Will Android Updates be Regulated?

Editor’s Note:  The mobile device industry, including operating systems developers, carriers, and handset manufacturers face twin business risks:  1) additional federal regulation of their products/services; and 2) the potential for class action litigation. 

From: Associated Press

‘Slow Android smartphone updates a security threat’

One of the leading U.S. civil-rights organizations is taking on an unusual cause: spotty smartphone updates.

The American Civil Liberties Union is asking the U.S. Federal Trade  Commission to investigate what it considers a failure by U.S. wireless  carriers to properly update the Google-built operating system used on  Android phones. The ACLU says that sluggish fixes have been saddling  many smartphone users with software that is out of date and therefore  dangerous.

“At its core, it’s not all that different from any  other defective product issue,” said the ACLU’s Chris Soghoian, who drew the analogy between a vulnerable smartphone and “a toaster that blows  up.”

Experts and government officials have long warned that  failing to fix known security flaws – whether on phones or computers –  gives hackers opportunities to steal data or use the devices to launch  larger attacks.

The ACLU’s 17-page complaint, filed Tuesday,  accused carriers AT&T Inc., Sprint Nextel Corp., T-Mobile USA and  Verizon Wireless of ignoring those warnings. It cited figures showing  that only 2 percent of Android devices worldwide had the latest version  of Google’s operating system installed. The complaint said that as many  as 40 percent of all Android users are still using versions of software  released more than two years ago.

The complaint said the carriers  were exposing Android customers to “substantial harm” by not moving fast enough on upgrades. The ACLU asked the FTC to force carriers to either  warn customers about the issue or start offering refunds.

The FTC  said it received the ACLU’s complaint but declined to comment further.  The agency does not necessarily have to take the complaint up. If it  does, an investigation would likely take months.

Carriers who  replied to queries from The Associated Press denied delays in the  updates, often described as patches. In emailed statements, Sprint said  it followed “industry-standard best practices” to protect its customers, while Verizon said its patches were delivered “as quickly as possible.” AT&T and T-Mobile did not return emails seeking comment. Google  Inc., which was not targeted by the complaint, declined comment.

Carriers are in a tricky position. Google makes its Android operating software  available for phone makers to use and modify as they see fit. Phone  makers, in turn, let wireless carriers make additional changes, such as  restricting software upgrades. The three-part process involves “rigorous testing,” according to Verizon.

Making sure newer versions of  Google’s operating system run smoothly with all the various devices and  carriers involved is particularly important for older phones, which may  have trouble running the latest software or apps. Customers may not  notice or care whether their Android device is running the latest and  safest operating system, but they will notice if a misconfigured update  means they can’t make calls or run their favorite apps.

Yet Travis Breaux, a computer science professor at Carnegie Mellon University in  Pittsburgh, said the testing process was straightforward. He suggested  that carriers were struggling to adapt to the realities of fast-changing smartphone software.

“There are standard practices for testing and evaluating patches,” Breaux said. “Microsoft does this all the time.”

Jeffrey Silva, a telecom policy analyst with New York-based Medley Global  Advisors, said he had a tough time understanding the delays given the  highly competitive U.S. cellphone market.

“It’s hard to know why they haven’t done it to date,” he said. “They have all the incentive in the world.”

Soghoian said that pressuring carriers to update their phones more quickly  wasn’t a bid to turn the ACLU into a consumer-protection body. Instead,  he said, the organization wanted to advertise the sorts of steps that  could be taken to boost the nation’s online defenses without the need  for invasive new laws. In particular, he referred to a cybersecurity  bill now before Congress. Critics – including the White House – say that bill doesn’t adequately protect private data.

“This is part of  our attempt to reframe the cybersecurity agenda,” Soghoian said. “Before violating anyone’s privacy, the government should first be addressing  the low-hanging fruit that everyone can agree on.”

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