Illegal wiretapping everyday business for Google

One of the world’s biggest Web companies, Google, must defend itself against accusations that it is illegally wiretapping in the course of its everyday business — gathering data about Internet users and showing them related ads.   http://www.nytimes.com/2013/10/02/technology/google-accused-of-wiretapping-in-gmail-scans.html?ref=us The accusations, made over several years in various lawsuits that have been merged into two separate cases, ask whether Google went too far in collecting user data in Gmail and Street View, its mapping project. Two federal judges have ruled, over Google’s protests, that both cases can move forward. The company is on the defensive, struggling to persuade overseers and its users that it protects consumer data.
Alan Butler, a lawyer at the Electronic Privacy Information Center says, “What’s at stake is a core digital privacy issue for consumers right now, which is the extent to which their digital communications are protected from use by third parties.”

The Gmail case could have broad effects, though, because nearly half a billion people worldwide use the service.

The Gmail case involves Google’s practice of automatically scanning e-mail messages and showing ads based on the contents of the e-mails. The plaintiffs include voluntary Gmail users, people who have to use Gmail as part of an educational institution and non-Gmail users whose messages were received by a Gmail user. They say the scanning of the messages violates state and federal antiwiretapping laws.

“Google uses Gmail as its own secret data-mining machine, which intercepts, warehouses, and uses, without consent, the private thoughts and ideas of millions of unsuspecting Americans who transmit e-mail messages through Gmail,” lawyers for the plaintiffs argued on July 11.

In a section of the motion that was widely noted, Google also argued that non-Gmail users had no expectation of privacy when corresponding with Gmail users.

“In fact, Google’s alleged interception of e-mail content is primarily used to create user profiles and to provide targeted advertising — neither of which is related to the transmission of e-mails,” said Judge Lucy Koh. She also dismissed Google’s argument that Gmail users consented to the interception and that non-Gmail users who communicated with Gmail users also knew that their messages could be read.  “Accepting Google’s theory of implied consent — that by merely sending e-mails to or receiving e-mails from a Gmail user, a non-Gmail user has consented to Google’s interception of such e-mails for any purposes — would eviscerate the rule against interception,” she wrote.

Also last week, Google asked the Court of Appeals for the Ninth Circuit to reconsider a Sept. 10 ruling that a separate wiretapping lawsuit could proceed. That one involves Google Street View vehicles that secretly collected personal information from unencrypted home computer networks.

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