http://www.washingtonpost.com/business/technology/2013/04/16/1d7364fc-a6c9-11e2-a8e2-5b98cb59187f_story.html

Technology

The American Civil Liberties Union filed a federal complaint Tuesday accusing 
the nation’s largest wireless carriers of “deceptive” business practices for 
failing to keep the software on tens of millions of Android smartphones updated 
— a shortcoming that can make the devices vulnerable to hackers.

Security companies have documented a surge of malicious software targeting 
Android phones, whose operating systems are made by Google, over the past year. 
Older phones that do not receive routine updates are particularly exposed, 
security experts say, yet the wireless carriers who sell most of the phones in 
the United States have struggled to keep the software current.

The problem has caused smartphones featuring Android, which is the most popular 
mobile operating system in the world, to be more vulnerable to hackers than 
those of its leading rivals, such as Apple’s iPhone, which receives regular 
software updates, security experts say.

Only one in four Android phones worldwide has the latest generation of the 
operating system, called Jelly Bean, according to statistics kept by Google, 
and more than 45 percent run on software first released more than two years 
ago. Older versions sometimes receive security patches provided by Google, 
though the process of delivering these to consumers is inconsistent across the 
dozens of different Android smartphones made by several major manufacturers.

The ACLU filed the complaint with the Federal Trade Commission, which has taken 
a lead role in overseeing the burgeoning technology industry and reached a 
settlement with smartphone maker HTC America in February over charges that it 
had failed to secure user information on smartphones.

Hackers continuously look for new ways to break into devices, and old software 
can expose consumers to risks for months or years after the problems were first 
discovered.

“We really feel this is like a defective product,” said Christopher Soghoian, 
principal technologist for the ACLU and a former official with the FTC. “The 
companies know about the flaws, so they should either recall the products or 
tell consumers so that they can make an informed choice.”

The complaint names the four largest wireless carriers — Verizon Wireless, 
AT&T, Sprint Nextel and T-Mobile USA — as parties but not Google, whose 
relationship with most consumers using Android phones is indirect.

The company makes the operating system available free to other companies, which 
typically sell the devices to consumers after tailoring the software to their 
specifications. The combination of companies involved — Google, the mobile 
device makers and the wireless carriers — has complicated efforts to keep 
updates flowing, according to those within the industry.

Google also sells its own line of smartphones and tablets, and those devices 
receive regular software updates automatically.

The ACLU complaint asks that the wireless carriers be required to alert 
consumers to the problem with the software updates or offer to replace outdated 
devices.

The FTC confirmed receiving the complaint but declined to comment on it. 
Investigations, if undertaken, can take a year or more before completion.

Some of the wireless companies issued statements Tuesday afternoon in response 
to the ACLU complaint.

“Verizon Wireless is focused on ensuring our customers have good experiences 
with their smartphones and tablets,” spokeswoman Brenda Rainey said, adding, 
“We work closely with [mobile device makers] and provide mandatory updates to 
devices as quickly as possible.”

“Sprint follows industry-standard best practices designed to protect its 
customers,” spokesman John B. Taylor said.

AT&T and T-Mobile made no immediate comment Tuesday. Google declined to comment.



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