0

The terms of service for my bank's mobile banking include this:

USER MOBILE BANKING SECURITY RESPONSIBILITIES

Ensure the Mobile Device is updated with the latest system software provided by the mobile carrier or device manufacturer;

...

Do not modify the Mobile Device to bypass security features or replace the system software;

The app refuses to run on a rooted device. I expect them to point to that last thing about modifying the device to justify it. But does a software change legally constitute "modify[ing] the Mobile Device"? It feels to me like a modification to the device would necessarily be a hardware change.

1

There's no special legal definition of "modifying". Instead, the terms of service say what you can't do and expect the service to actually work. "Rooting" a device is changing it, and specifically has the property of bypassing security features (gives you permission that you would not otherwise have); in involves changes in the system software. Under an ordinary interpretation of language, you have modified the device at the software level.

| improve this answer | |
0

Most people and most courts would assume that a “device” in this context is the hardware plus the operating system software. So changing the operating system software would be modifying the device.

There would be a tiny loophole if you modify the device and circumventing security features is a side effect that you didn’t know about. I suspect that if I was a lawyer I would have written that sentence differently. But if you lose money because your device wasn’t secure, I suspect that’s not going to save you.

| improve this answer | |

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.