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Lawsuit claims Microsoft tracks unwilling users

A lawsuit filed in a Seattle court claims Microsoft's Windows Phone 7 operating system keeps track of the location of users, even after they ask for the tracking software be turned off.

According to the suit, which is seeking class-action status, Microsoft designed the operating system's camera software to ignore override any 'do not track' instructions from users.

The suit is backed by analysis by researcher Samy Kamkar who reckons the Windows Phone 7 Camera application sends location data, along with a unique phone ID, back to Microsoft. He says the device does this even when told not to.

"The Windows Mobile operating system is clearly sending information that can lead to accurate location information of the mobile device regardless of whether the user allowed it," Kamkar wrote in a submission to the court.

According to Reuters, the lawsuit claims a letter Microsoft sent to the US Congress, in which it said it only collects geolocation data with the express consent of the user, was not worth the a paper it was written on. "Microsoft's representations to Congress were false," the lawsuit says.

Microsoft is yet to respond to the suit or to our requests for a comment.