San Francisco Chronicle

Feds looking at Apple tactics

Justice Department, SEC reportedly probe iOS update

- By Tom Schoenberg and Matt Robinson

The Justice Department and the Securities and Exchange Commission are investigat­ing whether Apple violated securities laws concerning its disclosure­s about a software update that slowed older iPhone models, according to people familiar with the matter. The government has requested informatio­n from the Cupertino company, according to the people, who asked not to be named because the probe is private. The inquiry is in early stages, they cautioned, and it’s too soon to conclude any enforcemen­t will follow. Spokesmen for Apple and the government didn’t immediatel­y respond to requests for comment. The news comes several weeks after Apple admitted to slowing down the performanc­e of older iPhones models as a way to make their internal batteries last longer. Apple released a software update early in 2017 to start throttling older iPhones, but didn’t specify that the action slowed the devices. In December, Apple apologized for not communicat­ing this informatio­n and vowed to release another update to mitigate the concern. The slowdowns occur only when the iPhone’s battery reaches a certain, unspecifie­d point of low health, and can be fixed if a user replaces the old battery with a new one. As part of its public apology, Apple cut the prices of battery replacemen­ts in its stores to $29, a $50 discount. Apple plans to release an iPhone

software update, called iOS 11.3, in the spring with new features that allow users to monitor the status of their batteries and protect against slowdowns. If users turn off the throttling, older iPhones will be more prone to randomly rebooting, Apple has said. The system affects iPhone 7 models and older, but not the iPhone 8 and iPhone X, according to the company.

After apologizin­g to customers in December, Apple was sued by consumer advocacy groups and individual iPhone users in a global backlash. Federal government officials, including Sen. John Thune, R-S.D., have also questioned Apple about the slowdowns.

The situation is a selfinflic­ted black eye on the company, which has been wrestling with some other software-related issues, including processor vulnerabil­ities that have affected other technology companies and a log-in flaw that allows intruders to access files on Mac computers without a pass code. Apple is delaying some key iPhone and Mac software features planned for release this year to focus on quality improvemen­ts.

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