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Not even 5G could rescue smartphone sales in 2020

This was going to be the year of 5G. It was going to be the year the next-generation wireless technology helped reverse some troubling macro trends for the industry — or at the very least helped stem the bleeding some.
But the best laid plans, and all that. With about a week left in the year, I think it’s pretty safe to say that 2020 didn’t wind up the way the vast majority of us had hoped. It’s a list that certainly includes the lion’s share of smartphone makers. Look no further than a recent report published by Gartner to answer the question of just how bad 2020 was for smartphone sales.

Gartner: Q3 smartphone sales down 5.7% to 366M, slicing COVID-19 declines in Q1, Q2

It was so bad that a 5.7% global decline year-over-year for the third quarter constituted good news. In a normal year, that wouldn’t qualify as good news for too many industries outside of wax cylinder and asbestos sales. But there are few standards by which 2020 was a normal year, so now we’ll take some respite in the fact that a 5.7% drop was a considerably less pronounced drop than the ~20% we saw in Qs 1 and 2.

Smartphone sales declined again in Q2, surprising no one

Smartphone sales expected to drop 2.5% globally this year

Some context before we get into the whys here. A thing that’s important to note up front is that mobile wasn’t one of those industries where everything was smooth sailing before everything got upended by a pandemic. In 2019 I wrote a not insignificant number of stories with headlines like “Smartphone sales expected to drop 2.5% globally this year” and “Smartphone sales declined again in Q2, surprising no one.” And even those stories were a continuation of trends from a year prior.
The reasons for the decline should be pretty familiar by now. For one thing, premium handsets got expensive, routinely topping out over $1,000. Related to that, phones have gotten good. Good news for consumers doesn’t necessarily translate to good news for manufacturers here, as upgrade cycles have slowed significantly from their traditional every two years (also an artifact of the carrier subscription model). Couple that with economic hardships, and you’ve got a recipe for slowed growth.

5G devices were less than 1% of US smartphone purchases in 2019

This March, I wrote an article titled “5G devices were less than 1% of US smartphone purchases in 2019.” There was, perhaps, a certain level of cognitive dissonance there, after many years of 5G hype. There are myriad factors at play here. First, there just weren’t a ton of different 5G models available in the States by year’s end. Second, network rollout was far from complete. And, of course, there was no 5G iPhone.
I concluded that piece by noting:
Of course, it remains to be seen how COVID-19 will impact sales. It seems safe to assume that, like every aspect of our lives, there will be a notable impact on the number of people buying expensive smartphones. Certainly things like smartphone purchases tend to lessen in importance in the face of something like a global pandemic.
In hindsight, the answer is “a lot.” I’ll be the first to admit that when I wrote those words on March 12, I had absolutely no notion of how bad it was about to get and how long it would last (hello month nine of lockdown). In the earliest days, the big issue globally was on the supply side. Asia (China specifically) was the first place to get hit and the epicenter of manufacturing buckled accordingly. Both China and its manufacturing were remarkably fast to get back online.
In the intervening months, demand has taken a massive hit. Once again, there are a number of reasons for this. For starters, people aren’t leaving their homes as much — and for that reason, the money they’ve allotted to electronics purchases has gone toward things like PCs, as they’ve shifted to a remote work set-up. The other big issue here is simple economics. So many people are out of work and so much has become uncertain that smartphones have once again been elevated to a kind of luxury status.
There are, however, reasons to be hopeful. It seems likely that 5G will eventually help right things — though it’s hard to say when. Likely much of that depends on how soon we’re able to return to “normal” in 2021. But for now, there’s some positive to be seen in early iPhone sales. After Apple went all in on 5G this year, the new handset (perhaps unsurprisingly) topped sales for all other 5G handsets for the month of October, according to analysts.
The company will offer a more complete picture (including the ever-important holiday sales) as part of its earnings report next month. For now, at least, it seems that thing are finally heading in the right direction. That trend will, hopefully, continue as the new year sees a number of Android launches.
Perhaps 2021 will be the year of 5G — because 2020 sure wasn’t.

Not even 5G could rescue smartphone sales in 2020

Charge, please: Apple will pay $113M to settle 34-state ‘batterygate’ lawsuit

Apple has agreed to pay $113 million to 34 states and the District of Columbia to settle allegations that it broke consumer protection laws when it systematically downplayed widespread iPhone battery problems in 2016. This is in addition to the half billion the company already paid to consumers over the issue earlier this year and numerous other fines around the world.
The issue, as we’ve reported over the years, was that a new version of iOS was causing older (but not that old) iPhones to shut down unexpectedly, and that an update “fixing” this issue surreptitiously throttled the performance of those devices.
Conspiracy-minded people, which we now know are quite numerous, suspected this was a deliberate degradation of performance in order to spur the purchase of a new phone. This was not the case, but Arizona Attorney General Mark Brnovich, who led the multistate investigation, showed that Apple was quite aware of the scale of the issue and the shortcomings of its solution.

Brnovich and his fellow AGs alleged that Apple violated various consumer protection laws, such as Arizona’s Consumer Fraud Act, by “misrepresenting and concealing information” regarding the iPhone battery problems and the irreversible negative consequences of the update it issued to fix them.

Apple agrees to settlement of up to $500 million from lawsuit alleging it throttled older phones

Apple agreed to a $113 million settlement that admits no wrongdoing, to be split among the states however they choose. This is not a fine, like the €25 million one from French authorities; if Apple had been liable for statutory penalties those might have reached much, much higher than the amount agreed to today. Arizona’s CFA provides for up to $10,000 per willful violation, and even a fraction of that would have added up very quickly given the amount of people affected.
In addition to the cash settlement, Apple must “provide truthful information to consumers about iPhone battery health, performance and power management” in various ways. The company already made changes to this effect years ago, but in settlements like this such requirements are included so they can’t just turn around and do it again, though some companies, like Facebook, do it anyway.

9 reasons the Facebook FTC settlement is a joke

Charge, please: Apple will pay $113M to settle 34-state ‘batterygate’ lawsuit

Apple’s IDFA gets targeted in strategic EU privacy complaints

A unique device identifier that Apple assigns to each iPhone for third parties to track users for ad targeting — aka the IDFA (Identifier for Advertisers) — is itself now the target of two new complaints filed by European privacy campaign not-for-profit, noyb.
The complaints, lodged with German and Spanish data protection authorities, contend that Apple’s setting of the IDFA breaches regional privacy laws on digital tracking because iOS users are not asked for their consent for the initial storage of the identifier.
Noyb is also objecting to others’ being able to access the IDFA without prior consent — with one of its complainants writing that they were never asked for consent for third-party access yet found several apps had shared their IDFA with Facebook (per their off-Facebook activity page).

We’ve reached out to the data protection agencies in question for comment. Update: Spain’s AEPD confirmed it has received noyb’s complaint and said it will investigate — making no further comment at this stage.
While Apple isn’t the typical target for digital privacy campaigners, given it makes most of its money selling hardware and software instead of profiling users for ad targeting, as adtech giants like Facebook and Google do, its marketing rhetoric around taking special care over user privacy can look awkward when set against the existence of an Identifier for Advertisers baked into its hardware.
In the European Union there’s a specific legal dimension to this awkwardness — as existing laws require explicit consent from users to (non-essential) tracking. Noyb’s complaints cite Article 5(3) of the EU’s ePrivacy Directive, which mandates that users must be asked for consent to the storage of ad-tracking technologies such as cookies. (And noyb argues the IDFA is just like a tracking cookie but for iPhones.)
Europe’s top court further strengthened the requirement last year when it made it clear that consent for non-essential tracking must be obtained prior to storing or accessing the trackers. The CJEU also ruled that such consent cannot be implied or assumed — such as by the use of pre-checked “consent” boxes.

Europe’s top court says active consent is needed for tracking cookies

In a press release about the complaints, noyb’s Stefano Rossetti, a privacy lawyer, writes: “EU law protects our devices from external tracking. Tracking is only allowed if users explicitly consent to it. This very simple rule applies regardless of the tracking technology used. While Apple introduced functions in their browser to block cookies, it places similar codes in its phones, without any consent by the user. This is a clear breach of EU privacy laws.”
Apple has long controlled how third parties serving apps on its iOS platform can use the IDFA, wielding the stick of ejection from its App Store to drive their compliance with its rules.
Recently, though, it has gone further — telling advertisers this summer they will soon have to offer users an opt-out from ad tracking in a move billed as increasing privacy controls for iOS users — although Apple delayed implementation of the policy until early next year after facing anger from advertisers over the plan. But the idea is there will be a toggle in iOS 14 that users need to flip on before a third-party app gets to access the IDFA to track iPhone users’ in-app activity for ad targeting.
However, noyb’s complaint focuses on Apple’s setting of the IDFA in the first place — arguing that since the pseudonymised identifier constitutes private (personal) data under EU law they need to get permission before creating and storing it on their device.
“The IDFA is like a ‘digital license plate’. Every action of the user can be linked to the ‘license plate’ and used to build a rich profile about the user. Such profile can later be used to target personalised advertisements, in-app purchases, promotions etc. When compared to traditional internet tracking IDs, the IDFA is simply a ‘tracking ID in a mobile phone’ instead of a tracking ID in a browser cookie,” noyb writes in one complaint, noting that Apple’s privacy policy does not specify the legal basis it uses to “place and process” the IDFA.
Noyb also argues that Apple’s planned changes to how the IDFA gets accessed — trailed as incoming in early 2021 — don’t go far enough.
“These changes seem to restrict the use of the IDFA for third parties (but not for Apple itself),” it writes. “Just like when an app requests access to the camera or microphone, the plans foresee a new dialog that asks the user if an app should be able to access the IDFA. However, the initial storage of the IDFA and Apple’s use of it will still be done without the users’ consent and therefore in breach of EU law. It is unclear when and if these changes will be implemented by the company.”
We reached out to Apple for comment on noyb’s complaints but at the time of writing an Apple spokesman said it did not have an on-the-record statement. The spokesman did tell us that Apple itself does not use unique customer identifiers for advertising. Update: The company has now sent us this statement:
The claims made against Apple in this complaint are factually inaccurate and we look forward to making that clear to privacy regulators should they examine the complaint. Apple does not access or use the IDFA on a user’s device for any purpose. Our aim is always to protect the privacy of our users and our latest software release, iOS 14, is giving users even greater control over whether or not they want to allow apps to track them by linking their information with data from third parties for the purpose of advertising, or sharing their information with data brokers. Our practices comply with European law and support and advance the aims of the GDPR and the ePrivacy Directive, which is to give people full control over their data.
In a separate but related recent development, last month publishers and advertisers in France filed an antitrust complaint against the iPhone maker over its plan to require opt-in consent for accessing the IDFA — with the coalition contending the move amounts to an abuse of market power.
Apple responded to the antitrust complaint in a statement that said: “With iOS 14, we’re giving users the choice whether or not they want to allow apps to track them by linking their information with data from third parties for the purpose of advertising, or sharing their information with data brokers.”
“We believe privacy is a fundamental human right and support the European Union’s leadership in protecting privacy with strong laws such as the GDPR (General Data Protection Regulation),” Apple added then.
That antitrust complaint may explain why noyb has decided to file its own strategic complaints against Apple’s IDFA. Simply put, if no tracker ID can be created — because an iOS user refuses to give consent — there’s less surface area for advertisers to try to litigate against privacy by claiming tracking is a competitive right.
“We believe that Apple violated the law before, now and after these changes,” said Rossetti in another statement. “With our complaints we want to enforce a simple principle: trackers are illegal, unless a user freely consents. The IDFA should not only be restricted, but permanently deleted. Smartphones are the most intimate device for most people and they must be tracker-free by default.”
Another interesting component of the noyb complaints is they’re being filed under the ePrivacy Directive, rather than under Europe’s (newer) General Data Protection Regulation. This means noyb is able to target them to specific EU data protection agencies, rather than having complaints funnelled back to Ireland’s DPC — under the GDPR’s one-stop-shop mechanism for handling cross-border cases.
Its hope is this route will result in swifter regulatory action. “These cases are based on the ‘old’ cookie law and do not trigger the cooperation mechanism of the GDPR. In other words, we are trying to avoid endless procedures like the ones we are facing in Ireland,” added Rossetti.

Lack of big tech GDPR decisions looms large in EU watchdog’s annual report

Apple’s IDFA gets targeted in strategic EU privacy complaints

A better look at Apple’s iPhone 12 Pro Max and iPhone Mini

The various iterations of the new iPhone were announced 800 million years ago. Actually, wait, I just double checked — it was only about two or so weeks ago, but it turns out that time has no meaning anymore. Another cursory glance at my calendar tells me that, while the iPhone 12 and iPhone 12 Pro were released in late-October, not long after being announced, the iPhone 12 Pro Max and iPhone Mini, meanwhile, won’t be available for sale for another week or so.
You can check out Matthew’s substantial review of those middle of the line devices here. And while we wait for the low and high end of the line to arrive, I spent a little time with the devices and snapped a couple of photos with the products, which you can check out below.

Image Credits: Brian Heater

Again, we can talk more in-depth write-ups at some point in the future, likely, but for now a smattering of thoughts and images. Consider this a kind of make up for the sorts of hands-ons with products we used to do at Apple’s in-person events, back in the before times, when Apple had in-person events.
All of the four sizes were present and accounted for. As someone who’s been testing a fair number of large Android devices in recent months, the 6.7-inch Pro Max doesn’t appear exceptionally large. As you can see in that top photo, however, the difference between it and the Mini is pretty pronounced.

Image Credits: Brian Heater

It’s amazing how quickly our perceptions of screen sizes have shifted over the years, that a handset sporting a screen two inches larger than the original iPhone is now considered “mini” by a fairly considerable margin. Heck, even the 6-inch Pixel 5 I’ve been using off and on feels pretty small by today’s standards.

Review: iPhone 12 and iPhone 12 Pro, two gems, one jewel

The standard iPhone 12 and 12 Pro’s 6.1-inch display seem like a pretty good sweet spot for many or most users. Many of the key specs are surprisingly consistent, given the $400 price difference between the high and low end. All sport 5G connectivity, the new magnetic MagSafe connector, OLED displays and an A14 chip.

Beyond size, storage and battery capacity, the big differentiator are the cameras. No huge surprise there, as that continues to be where most smartphone manufacturers are making their biggest strides. Here’s a chart we made to break down those distinctions:

The iPhone 12 Pro Max and iPhone 12 Mini hit retail November 13.

What the iPhone 12 tells us about the state of the smartphone industry in 2020

A better look at Apple’s iPhone 12 Pro Max and iPhone Mini

iPhones can now tell blind users where and how far away people are

Apple has packed an interesting new accessibility feature into the latest beta of iOS: a system that detects the presence of and distance to people in the view of the iPhone’s camera, so blind users can social distance effectively, among many other things.
The feature emerged from Apple’s ARKit, for which the company developed “people occlusion,” which detects people’s shapes and lets virtual items pass in front of and behind them. The accessibility team realized that this, combined with the accurate distance measurements provided by the lidar units on the iPhone 12 Pro and Pro Max, could be an extremely useful tool for anyone with a visual impairment.
Of course during the pandemic one immediately thinks of the idea of keeping six feet away from other people. But knowing where others are and how far away is a basic visual task that we use all the time to plan where we walk, which line we get in at the store, whether to cross the street and so on.

The new feature, which will be part of the Magnifier app, uses the lidar and wide-angle camera of the Pro and Pro Max, giving feedback to the user in a variety of ways.

The lidar in the iPhone 12 Pro shows up in this infrared video. Each dot reports back the precise distance of what it reflects off of.

First, it tells the user whether there are people in view at all. If someone is there, it will then say how far away the closest person is in feet or meters, updating regularly as they approach or move further away. The sound corresponds in stereo to the direction the person is in the camera’s view.
Second, it allows the user to set tones corresponding to certain distances. For example, if they set the distance at six feet, they’ll hear one tone if a person is more than six feet away, another if they’re inside that range. After all, not everyone wants a constant feed of exact distances if all they care about is staying two paces away.
The third feature, perhaps extra useful for folks who have both visual and hearing impairments, is a haptic pulse that goes faster as a person gets closer.
Last is a visual feature for people who need a little help discerning the world around them, an arrow that points to the detected person on the screen. Blindness is a spectrum, after all, and any number of vision problems could make a person want a bit of help in that regard.

As ADA turns 30, tech is just getting started helping people with disabilities

The system requires a decent image on the wide-angle camera, so it won’t work in pitch darkness. And while the restriction of the feature to the high end of the iPhone line reduces the reach somewhat, the constantly increasing utility of such a device as a sort of vision prosthetic likely makes the investment in the hardware more palatable to people who need it.
Here’s how it works so far:

Here’s how people detection works in iOS 14.2 beta – the voiceover support is a tiny bit buggy but still super cool https://t.co/vCyX2wYfx3 pic.twitter.com/e8V4zMeC5C
— Matthew Panzarino (@panzer) October 31, 2020

This is far from the first tool like this — many phones and dedicated devices have features for finding objects and people, but it’s not often that it comes baked in as a standard feature.
People detection should be available to iPhone 12 Pro and Pro Max running the iOS 14.2 release candidate that was just made available today. Details will presumably appear soon on Apple’s dedicated iPhone accessibility site.

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iPhones can now tell blind users where and how far away people are