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If there can be a backdoor or a way to skirt the regulations, they will take advantage of it. The only way we find out such things are if the hacker class finds a reason to really dig into it. Openish source architecture like Android based devices allow for it to be less impossible to investigate such things, but Apple's proprietary architecture makes it nearly impossible. You can just watch API calls and other network traffic that moves over the network... then make educated guesses.

If you think this behavior has stopped due to a no-fault ruling... let's just say, no way.

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