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Google's Streetview Privacy Snafu Prompts Lawsuit

shmG writes "Google's secret data collection has prompted a class-action lawsuit that could force the company to pay up to $10,000 for each time it recorded data from unprotected hotspots, court documents show. The incident, which the company claims to have been unintentional, has prompted the ire of governments and privacy groups around the world. Google collected information that could be used to identify users, including 'the user's unique or chosen Wi-Fi network name, the unique number given to the user's hardware ... [and] data consisting of all or part of any documents, e-mails, video, audio, and VoIP information being sent over the network by the user,' the suit stated."

418 comments

  1. OMG by Anonymous Coward · · Score: 0

    Google, is like totally the suxor!

    1. Re:OMG by oktokie · · Score: 0

      Ha....I've got you! Your name is 08-00-27-00-D0-B8! We already have all your e-mail on our harddrive! Your e-mail address is 08-00-27-00-D0-B8@gmail.com. Oh...we also have your SSN and last 3 years of your tax return information. It's on our harddrive by docs.google.com section. Um...now you can sue us!

  2. Google shouldn't worry by ClosedSource · · Score: 4, Funny

    If they lose the class-action suit they'll just have to pay the lawyers and give out discount coupons for Google search.

    1. Re:Google shouldn't worry by plover · · Score: 2, Insightful

      If they lose the class-action suit they'll just have to pay the lawyers and give out discount coupons for Google search.

      Maybe they'll have to offer free links to advertisements for people to put on their web pages.

      --
      John
    2. Re:Google shouldn't worry by sopssa · · Score: 0, Redundant

      They should worry about international market.

      Google is now facing criminal investigation in Germany. Collecting that kind of data is against the law there, as is

      Germany's privacy laws generally restrict photographs of people and property without a person's consent, except in very public situations, such as a sporting event.

      There has also been investigations in Sweden, Finland and UK about this and they will decide later if it requires criminal charges. It's good that Germany is doing that already, as it's clearly violating privacy and European laws.

    3. Re:Google shouldn't worry by Rophuine · · Score: 4, Insightful

      This is beyond ridiculous. It's no different to standing on your front lawn naked for everyone to see, and then being upset when the streetview van snaps you naked. I can't see why people have any expectation of privacy for unencrypted public-broadcast wireless traffic. The creepy guy across the road is probably logging it all anyway, right?

      Everyone is yelling things like "it's clearly violating privacy and European laws", but I want to know how, and which laws. I'm just not buying it.

    4. Re:Google shouldn't worry by Anonymous Coward · · Score: 0, Troll
      this, this, this and this!

      If you leave your AP unsecured like a dumbass you get EVERYTHING you deserve.

    5. Re:Google shouldn't worry by timmarhy · · Score: 2, Funny

      ironically you just know the people who are most outraged about this will totally google for more information.

      --
      If you mod me down, I will become more powerful than you can imagine....
    6. Re:Google shouldn't worry by dubdays · · Score: 2, Insightful

      this, this, this and this!

      If you leave your AP unsecured like a dumbass you get EVERYTHING you deserve.

      This isn't about open APs...this is about SSID broadcast traffic only. You can have a rather secure wireless network and still have it broadcasting its name.

    7. Re:Google shouldn't worry by blackraven14250 · · Score: 4, Insightful

      You should turn off the damn broadcast if you really care whether it's gonna get picked up by everyone within range. Most wireless routers, if not all, have the option to turn off SSID broadcast. It's like saying "ZOMG teh Googster decided to listen to this radio broadcast I meant only for me to hear, despite me using enough power for it to be heard anywhere within a mile!"

    8. Re:Google shouldn't worry by Anonymous Coward · · Score: 0

      Nothing requires you to broadcast an SSID and even if you had to it is the contents traversing the network that are private not the fact you exist. People can drive by and see it just as well. If you are concerned about broadcasting it then don't broadcast it!

    9. Re:Google shouldn't worry by Rophuine · · Score: 2, Informative

      This is only about open APs. If you read the article, Google wasn't collecting any encrypted traffic at all.

    10. Re:Google shouldn't worry by Striek · · Score: 2, Insightful

      Ridiculous to you, maybe... To my 80 year old grandmother, maybe not. This is not a technical debate. Google is a multibillion dollar corporation and as such, is expected to exercise a modicum of responsibility when it exercises the powers those multi billions of dollars grants them. Average Joe user may have absolutely no clue his WAP is broadcasting in the clear, nor should he be required to have that technical talent, anymore than we should all be expected to be car mechanics . The alternative is putting governmental pressure on everyone to purchase Best Buy "security services" when they purchase a router. Many of these WAPs are also provided by ISP's with an insecure configuration, and consumers are never told. This should be controlled at the point of distribution, not the point of consumption.

      --
      "Government is like fire; a handy servant, but a dangerous master." -- George Washington
    11. Re:Google shouldn't worry by tukang · · Score: 3, Insightful

      Here's another analogy. Leaving your keys in the ignition when you go to the store. It's a stupid thing to do, it's against the law (just as leaving your wifi open is in Germany) but that doesn't mean when someone steals your car the police shouldn't go after the thief.

    12. Re:Google shouldn't worry by Anonymous Coward · · Score: 0

      hey Alanis, havent seen you in a while.

    13. Re:Google shouldn't worry by erroneus · · Score: 4, Interesting

      I'll agree with you and disagree with you. I'll agree that what they are being charged with doesn't hold water particularly well. I'll disagree with you in that there is a much larger consideration you aren't seeing.

      As alluded to in the summary, Google is good about collecting data about faceless, location-less individuals from all over the internet. We still feel quite anonymous because we clear our cookies and browser cache and history or at least take comfort in knowing the option is there. It was all good because in this case, we all go to Google more or less voluntarily with our searches and queries and other things. But now, Google is mapping the OTHER side of the pipe as well... not just the end of the pipe they own -- the one people more or less voluntarily use -- but the end of the pipes we, as end users own. Now, with all this wifi-data collection, there is very real potential for complete identification of a great many individuals that they have been building from the very first days.

      What I am saying is that it is all well and good to collect data when people bring it to you. But when you go about collecting it in this way, it can be at the very least, more disturbing.

    14. Re:Google shouldn't worry by Rophuine · · Score: 2, Interesting

      I'm still wanting to know how Google violated your 80-year-old Grandmother's privacy, and which laws they broke.

      I'm really confused by the fact that you're mad at Google, but you say the insecure configuration on WAPs should be controlled at the point of distribution. Google didn't distribute the WAP to your Grandmother.

      If your Grandmother is worried about her privacy, the fact that Google is driving down the road collecting one or two out-of-context frames is not relevant to her. The fact that the people next door are connecting to her WAP, browsing through her network shares, and looking at child porn through her connection is.

      The whole point here is that Google hasn't done anything wrong, but anyone whose data they collected is, by implication, leaving themselves open to untraceable crime and privacy invasion which have no correlation to any data that Google did or didn't collect, and would remain unchanged even if Google had never been near their house.

    15. Re:Google shouldn't worry by Anonymous Coward · · Score: 0

      wrong. this data was being broadcast. here do some reading: http://en.wikipedia.org/wiki/Broadcasting

      data is NOT a car, when its broadcast, even less so.

      there is no theft here. even the strictest definitions of theft are "taking something without authorization" when a WAP is unsecure the owner of that WAP is de facto authorizing everyone.

    16. Re:Google shouldn't worry by Rophuine · · Score: 5, Insightful

      If somebody steals your car, they've committed a crime against your property. That's pretty much covered in the laws of any country.

      If somebody looks at you, they've intercepted photons which you discarded by reflecting them. If someone takes a photo of you in public, they've recorded photons which you sent out into public space. Recording unencrypted wifi frames is much closer to the final analogy than the first.

    17. Re:Google shouldn't worry by Rophuine · · Score: 1

      You make a good point regarding the power of Google to match up the two data sets, but my point is that they're both data sets which people have provided to Google. One is private data which they voluntarily gave Google by using their service, and the other is public data which they're giving out to the whole world.

      Let's try that oh-so-over-abused slashdot staple: an analogy. If I call phone sex lines and get all raunchy, but feel anonymous because they only know my phone number, I'm okay with it. Suddenly, I discover that there's this thing called a phone directory, which I didn't sign up to but it publicly links my phone number to my name! The phone sex companies now have all sorts of blackmail material over me which I didn't expect.

      If I give Google my IP address, and there's all this public information around the place that I'm broadcasting linking my IP address with my real world address (roughly), it's not Google's problem: it's my problem. I can feel uncomfortable about the amount of information they might be able to dig up on me, but it doesn't mean Google did something wrong.

    18. Re:Google shouldn't worry by erstazi · · Score: 1

      The MAC address still can be picked up even if the SSID is disabled from broadcasting.

    19. Re:Google shouldn't worry by Anonymous Coward · · Score: 2, Funny

      That's why I only use special tin foil made out of singularity grade compressed matter. Can't have any discarded photons flying around.

    20. Re:Google shouldn't worry by Athaulf · · Score: 1

      Here's another analogy. Leaving your keys in the ignition when you go to the store. It's a stupid thing to do, it's against the law (just as leaving your wifi open is in Germany) but that doesn't mean when someone steals your car the police shouldn't go after the thief.

      Excuse me sir, but do you realize which forum you're posting on? You just directly compared intellectual property to physical property as the basis of your argument. Slashdot users generally give the double bird to such arguments.

    21. Re:Google shouldn't worry by Striek · · Score: 1

      They never violated her privacy. Yet. A single, isolated incident would not be a problem. But the wholesale collection from millions, is.

      The people next door would represent a single, isolated incident, which is not the case with Google. They should be aware of the possible implications of this collection. WAPs should be secured at the point of distribution as I do not believe it should be the responsibility of end users to secure them - they should come preconfigured in that state. Google, being fully aware of the insecure default settings on millions upon millions of home routers, should not be collecting this data. Rather, they should assume that anyone broadcasting in the clear is not aware of what they are doing (as we all know this is usually the case) and therefore not take it as an invitation to collect, anymore than they should be publishing photos of me passed out and naked on my front lawn, as I may well have tripped over my shoelaces and knocked myself out on the driveway for all they know. I'm saying an open network is not an invitation to snoop it.

      They should be exercising responsibility and restraint, and I do not believe they were where this issue is concerned.

      --
      "Government is like fire; a handy servant, but a dangerous master." -- George Washington
    22. Re:Google shouldn't worry by QuantumG · · Score: 3, Insightful

      We *still* don't get what your point is.. if you're broadcasting ANYTHING, even if it is just random numbers, people are FREE to collect that information. There's a little button on the side your router that lets you turn it OFF, do that if you just can't stand the idea of people receiving what you're sending.

      --
      How we know is more important than what we know.
    23. Re:Google shouldn't worry by MikeFM · · Score: 1

      So are they going to sue everyone that opens their laptop and gets a list of all the SSID's around them? Or just those that happen to record the information? Does it count if I close my laptop without clearing the information? Idiots. It's about the same as bitching because someone goes down the street writing down the house numbers they pass.

      --
      At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
    24. Re:Google shouldn't worry by Anonymous Coward · · Score: 0

      Do make note that the poster before you is defending your opposing view. Seems to be making a point about SSID's. Not sure where it is. But it is there...

    25. Re:Google shouldn't worry by Antisyzygy · · Score: 1

      Actually, if a person decides to ignore their brakes making large squeeling noises and then finds out they need new rotors, it is their own damn fault. The auto maker or the government should not be responsible to replace their rotors because they were too lazy to learn a little. Ignorance is NOT an excuse.

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
    26. Re:Google shouldn't worry by Anonymous Coward · · Score: 0

      Exactly. You can't steal a movie. Fuckin' music, you can't even hold it!

    27. Re:Google shouldn't worry by Anonymous Coward · · Score: 0

      So...you're black?

    28. Re:Google shouldn't worry by Eskarel · · Score: 1

      Privacy in every country that has a legal definition of it(including the US) is generally about reasonable expectation. The fact that your broadcasting something(like the sounds you make on your keyboard when you type your password, or the sounds of the secret you told your partner, or the light absorbed vs bouncing off your body, doesn't mean that it's legal for people to look at it.

      The key legal issue is usually about expectation. If I dance around naked in my front yard, I can reasonably expect that people who walk by will see me, whether they want to or not. It doesn't necessarily follow that it's legal for them to film me doing it. It could be arguable that I have an expectation that I won't be filmed by strangers on my own property.

      The same thing is true of wifi. I might have a reasonable expectation that other people with wifi devices might accidentally pick up some of that data, but I might also have a reasonable expectation that they won't record it, or that people will go out of their way to look for it.

      The thing which pisses me off the most about this whole issue is the fact that if the government sent people around to do this, all of slashdot would be up in arms about how the people responsible should be burned at the stake, but because it's google, it's just peachy.

    29. Re:Google shouldn't worry by furball · · Score: 1

      And yet recording a conversation where all parties involved are not informed that they are being recorded is a crime in some jurisdictions. People keep expecting the law to make sense to them. People continue to be disappointed.

    30. Re:Google shouldn't worry by erroneus · · Score: 1

      I don't completely buy into the notion that "ignorance == submission" even if this statement is inconsistent with my previous statements. On one hand you can say "we've already lost the privacy war long before we realized we needed to fight back." On the other hand, as long as someone continues to fight, the war continues as well. Perhaps the critical difference that I am pointing out is that this particular violation is significantly harder to ignore.

    31. Re:Google shouldn't worry by Rophuine · · Score: 3, Interesting

      They should be exercising responsibility and restraint, and I do not believe they were where this issue is concerned.

      I agree that they should be. I don't agree that they have to: I can't see the law. I don't see how they did anything illegal. Anything actionable. Let me put it this way: Non-tech-savvy users with unsecured WAPs are vulnerable to all sorts of things. Someone downloading child porn over their connection. Someone connecting to their network shares and stealing data. Someone accessing their network without authorization. All of these would be illegal in some parts of the world. The first one would be illegal pretty much anywhere.

      Just driving past, not sending any traffic, even respecting any encrypted APs and not so much as noting their SSID, but just recording the unencrypted traffic for a benign purpose? Dozens of companies already do this. When I used to work in the banking industry, MASTERCARD MADE ME DO THIS. As a part of my audit, I had to record all wireless traffic visible from our data center and analyze it to ensure that none of it was potentially a rogue AP somewhere inside our network. You might feel uncomfortable that Google collected this data wholesale, but they didn't do anything wrong.

    32. Re:Google shouldn't worry by DDLKermit007 · · Score: 3, Insightful

      Uh yeah, boooo corporate America for saying they made a mistake they had NO reason to tell anyone other than they actually do care. Which is why they pulled the project from going forward till this useless data was expunged (never used for anything). This whole thing is big non-issue to people who understand what happened. At worst their system captured a network name, and a couple useless frames of data that mean jack shit. And really, I don't give a crap if your some 80yr old lady who bought a Linksys router that didn't know how to configure it. It's each person's duty to lock their home, and make sure they didn't leave any windows open. A wireless network is to be treated the same. If the same 80yr old lady had a break in with the locks bolted on vs unlocked, her insurance company sure an't gona pay shit (and I sure wouldn't feel bad for her) because she DIDN'T SECURE HER DAMN HOME!!! Her data is to be handled the same damn way.

      And as an aside, if Google's streetview captured you passed out & naked on your front lawn, that's really your problem, and your own damn fault. You were in public. I'm sure if you asked them nicely, they would blur your ugly duff out. It's what they are doing with the data at this time. Go fist-waving at a subject that matters PLEASE. Like the BP oil spill. Oh wait, that's not something you could possibly financially have some gain from.

    33. Re:Google shouldn't worry by Rophuine · · Score: 1

      You say 'might' a whole lot. I still don't buy it. If I have a reasonable expectation of privacy when I set up an open WAP, then how do public APs work? When I go in to the city center, there are about 50 APs I can connect to as I walk down the road. Some of them have company names. Some have brand names. Some sound kind of personal. More than half of them, if I connect to them, take me to a credit card gateway which lets me buy Internet access through that AP. There are consumer APs you can buy which let you do this. Some ISPs ship APs which allow their users to 'roam' whenever they're near the AP of another subscriber.

      But you're saying I can't even look at the data being broadcast on the network? None of the above products (some of them have huge businesses built around them) can work if I have a reasonable expectation that the frames I send over an open AP will never be inspected.

      You bring up some pretty ludicrous examples. The sounds of the secret you told your partner were intended to be audible at such a short range that nobody else could record them. The sounds you make on your keyboard as you type your password are by-products of the process which you expect can't be re-constructed. Both of these maintain an expectation of privacy, and they're obviously very different to broadcasting unencrypted data at a strength intended to go a few hundred feet (tip: it tells you that on the box!) The light absorbed vs bouncing off your body? You're in trouble if you think that's private. Do you walk down the road naked every day and expect people to not look?

      The point is that the reason for having a wireless AP is to allow data to be sent across the airwaves. Google isn't subverting the goal of the technology: they're using it the way it's intended. If you want privacy, there are simple steps to protect it. Leaving your AP open is advertising the fact that you don't expect privacy. That's why my mobile phone sorts wireless networks in range by whether they're encrypted or not! If I'm after one I can just connect to, I use one of the ones under 'Open'. If I have the key for one in particular, I go find it further down the list.

    34. Re:Google shouldn't worry by Lord+Bitman · · Score: 1

      Could just be a "linux is broken" thing, but when I broadcast SSID I connect instantly. When I don't, it takes between 10 minutes and never to connect.

      --
      -- 'The' Lord and Master Bitman On High, Master Of All
    35. Re:Google shouldn't worry by totally+bogus+dude · · Score: 4, Insightful

      You can still get the data if you happen to be using the wireless network at the time they come past.

      But really, the issue here is about aggregating seemingly harmless data in an easily accessible format. For example, anyone can drive/walk down a street and see whether your car is in the driveway, and from that ascertain whether you're home or not. Anyone can hang out on the footpath or other public area and keep an eye on your property and make notes on your coming and going.

      So where's the harm in doing that on a large scale in an automated manner? But it's pretty clear that it's not going to be in many people's interest to have a website where you can easily find everyone who isn't home at the moment in a particular neighbourhood.

      Ease of access to information does play a part in our privacy, as even a false sense of security is still a sense of security. For example, "reverse phone books" that provide name/address from a phone number, tend to be pretty controlled, even though the information in them is all entirely public (just indexed in the opposite direction). So on the one hand it doesn't prevent people from engaging in certain types of antisocial behaviour; but it does increase the amount of effort required to do so.

    36. Re:Google shouldn't worry by Anonymous Coward · · Score: 0

      I'm guessing that you are from America but I might be wrong.

      "This is beyond ridiculous. It's no different to standing on your front lawn naked for everyone to see, and then being upset when the streetview van snaps you naked."

      It is different. Whereas the behaviour that you have described is perfectly acceptable in the USA there are laws against this sort of thing in Europe. Some are Europe-wide (http://ec.europa.eu/justice_home/fsj/privacy/law/index_en.htm) and others are national. It is easy for those who have different laws to criticise the law in Europe - and of course they are free to do so - but we have chosen our laws to suit us and, if we do not like them, there are ways that one can challenge the laws in court or try to get them changed by democratic means. Neither are simple but they exist.

      We don't really care if others like our laws or even consider them 'ridiculous' because we believe that each sovereign state has the right to chose its own laws and way of life, providing that it meets with international norms. But, when in Europe, the laws that must be obeyed are the ones that are in force in whatever country you might be at any particular time. That's what Google did not do.

    37. Re:Google shouldn't worry by Anonymous Coward · · Score: 0

      No, this is about incidental traffic collected when looking for SSIDs. That's not the same thing at all.

    38. Re:Google shouldn't worry by janrinok · · Score: 2, Informative

      "I'm still wanting to know how Google violated your 80-year-old Grandmother's privacy, and which laws they broke." (ec.europa.eu) http://ec.europa.eu/justice_home/fsj/privacy/law/index_en.htm. There, now that wasn't too difficult, was it?

      --
      Have a look at soylentnews.org for a different view
    39. Re:Google shouldn't worry by Eskarel · · Score: 1

      There's a very big difference between connecting to an access point, and viewing what other people are sending over it, and there's an even bigger jump to recording that information.

      You can perfectly legally watch me go down the street, but in most jurisdictions you better have a damned good reason if you're filming me. That doesn't mean you can't incidentally film me in the background of something, but that's not what is going on here.

      Intercepting this information accidentally is a whole leap from sending someone around to record it.

    40. Re:Google shouldn't worry by Striek · · Score: 1

      The major difference, in this case case, is that banks are more or less in the business of keeping your information private (call me crazy, but I do trust the banks to do that), and Google is in the business of making your private information public.

      The same laws apply to both, however the intent behind what you did, and what Google did, is drastically different, and therefore the interpretation of the law must be different.

      --
      "Government is like fire; a handy servant, but a dangerous master." -- George Washington
    41. Re:Google shouldn't worry by EdIII · · Score: 1

      There is a bit of a difference. I understand these are wireless access points that are broadcasting their SSID and are not encrypting the packets between the clients and the access points.

      If I was in a public park I accept that other people in the park could see me and watch where I was walking. I find it reasonable that some people in the park might even take a picture of me. However, I don't think that my conversations with my friends are being pervasively recorded by others in the park. I certainly don't think that the government is listening to my conversations either, or Chef Boyardee has a listening station there either disguised as a chefs hat.

      Where I think this gets people concerned is the level of recording and subsequent exposure. While I am comfortable with my picture being in a family photo album of people I never met for the foreseeable future, I am not comfortable with Google making it available online. Particularly since the technology coming down the pipes will allow them to index that data and identify what is in the photograph itself.

      So it really is different. Google is a huge corporation that exists to make massive amounts of data available and intelligent ways to manipulate and search that data. I think it is reasonable to expect that corporations and governments are not writing down your SSID and storing your packets, encrypted or not encrypted.

      The fact that somebody does something in public does not automatically lead to the assumption that their assumed level of privacy was zero.

      Google is not the only concern either. I am more concerned about the trend to have video surveillance everywhere too.

      As for what laws they may have violated, I have no idea.

    42. Re:Google shouldn't worry by Josef+Meixner · · Score: 1

      The parents assertion is wrong. It is not illegal to take the photos, it is the publishing of photos without consent that is illegal. There are some exceptions, e.g. it is allowed if the person being photographed is only "decoration" (there is no hard rule, but taking a photo of a street scene shouldn't be a problem, as long as a single person is not the subject) or some kind of public figure.

    43. Re:Google shouldn't worry by Anonymous Coward · · Score: 0

      LOLZ

    44. Re:Google shouldn't worry by Striek · · Score: 1

      Excellent. You sir, may now either educate the entire modern world on how to secure their home routers (as their ISPs all conveniently "forgot"), or convince Tiger Direct to ship default-secure routers (as they also "forgot").

      And back to square one, this is about "Evil" Google and not so much "Evil" RoadRunner, so I guess we digress...

      --
      "Government is like fire; a handy servant, but a dangerous master." -- George Washington
    45. Re:Google shouldn't worry by dhavleak · · Score: 2, Insightful

      It's no different to standing on your front lawn naked for everyone to see, and then being upset when the streetview van snaps you naked.

      But there are huge holes in that analogy.

      Standing naked in your yard is something you would not unintentionally / unknowingly do. Tech-challenged users might not know anything about WEP/WAP/etc. and might not even in their wildest dreams have thought that everyone can access their WiFi willy-nilly. It's not the same thing. People absolutely do setup have an expectation of privacy when they setup their routers -- even if they have never actually thought about it. Especially if they have never thought about it -- it's basically expected of a user who knows nothing computer related. Google shouldn't be taking advantage of their ignorance.

    46. Re:Google shouldn't worry by dhavleak · · Score: 1

      In fact, your argument reminds me of the line of thought where (some) people say stuff like "she was asking to get raped -- did you see what she was wearing?"

      No matter how juicy the invitation -- a crime is a crime.

    47. Re:Google shouldn't worry by FireFury03 · · Score: 4, Insightful

      Average Joe user may have absolutely no clue his WAP is broadcasting in the clear, nor should he be required to have that technical talent

      Why? Why should people expect complex technology to do what they want without having any understanding about how to make it do that?

      anymore than we should all be expected to be car mechanics

      Of course we don't all need to be car mechanics. However, cars are not designed to work perfectly for their whole lives without a mechanic doing some work either. Most people understand that they need to get their car serviced - if they can do this themselves then fine, but those that can't can take it to a professional to be serviced. Why is wifi so different? If you can set it up yourself then fine, otherwise damned well pay a professional to do it for you.

      Complaining that your wifi is insecure (because you didn't know how to set it up) is like complaining that your car broke because you didn't understand how to service it - in both cases, if you didn't understand how to do it you should damned well have paid someone who did.

    48. Re:Google shouldn't worry by Anonymous Coward · · Score: 0

      Okay. There's another bad analogy.

      What Google did was more analogous to the Streetview car taking partial photographs of the completed tax forms that you left lying on the front seat of your car. There was nothing inherently illegal with the act, but it sure is creepy.

    49. Re:Google shouldn't worry by FireFury03 · · Score: 2, Insightful

      You can perfectly legally watch me go down the street, but in most jurisdictions you better have a damned good reason if you're filming me.

      Which jurisdictions are these? In most jurisdictions, you're well within your rights to film pretty much anything happening in a public place. You might not be able to _publish_ that film without consent, but that is different.

    50. Re:Google shouldn't worry by thannine · · Score: 4, Interesting

      We *still* don't get what your point is.. if you're broadcasting ANYTHING, even if it is just random numbers, people are FREE to collect that information. There's a little button on the side your router that lets you turn it OFF, do that if you just can't stand the idea of people receiving what you're sending.

      Nope, you're quite wrong there. You see, at least here in Finland (and probably in other European countries) it is illegal to collect (or to create a database) of identifiable information without a valid reason ( and even then it is restricted). The point is not that you're broadcasting something, the point is that collecting that information and creating a db might be illegal.

    51. Re:Google shouldn't worry by Windows+Breaker+G4 · · Score: 1

      Might get some gmail invites too if they're lucky ;)

      --
      brickspeed.net for your old Volvo performance addiction
    52. Re:Google shouldn't worry by gnud · · Score: 1

      It's not catching the data that is the problem. It's storing it and exporting it to a country with weaker privacy laws than Germany. If any of the data is found to be private, then this is specifically forbidden.

    53. Re:Google shouldn't worry by GeniusDex · · Score: 1

      Here in the Netherlands we have a law (of which i'm not sure if it's a European or just a Dutch law) which allows anyone to receive all data broadcast through the airwaves and listen to/read it, as long as it is all unencrypted or plainly audible. Since the networks were open, i'd say it's just a use of that law and nothing illegal happened. If you put anything into the air unencrypted, it is for anyone to receive. Thinking otherwise is stupid and naive (and hence done by 90% of the population)

    54. Re:Google shouldn't worry by ArsenneLupin · · Score: 1

      Germany's privacy laws generally restrict photographs of people and property without a person's consent, except in very public situations, such as a sporting event.

      Then, how do they handle tourist photos, when there just happen to be unrelated people somewhere in the background.

      And if property is protected as well, what if somebody's house (or even car, or even bike, or pub's table...) shows up in the picture?

    55. Re:Google shouldn't worry by Anonymous Coward · · Score: 0

      Actually Google should be extremely happy that Germany didn't start extradition proceedings against the pranksters Brin and Page like US is trying against Gary McKinion.

    56. Re:Google shouldn't worry by theolein · · Score: 1

      He's talking about EU jurisdictions. And it is the law here, rightly or wrongly. You and I may not like it, but the people here are by and large happy with it, as are their elected governments.

    57. Re:Google shouldn't worry by slaingod · · Score: 2, Informative

      The funny part is where she claims to be a high-tech worker...

      "Van Valin works in a high technology field, and works from her home over her Internet-connected computer a substantial amount of time," the complaint read.

      "In connection with her work and home life, Van Valin transmits and receives a substantial amount of data from and to her computer over her wireless network. A significant amount of the wireless data is also subject to her employer's non-disclosure and security regulations."

      --
      http://blog.slaingod.com
    58. Re:Google shouldn't worry by slaingod · · Score: 1

      Except when it isn't, and only after a judge or jury says it is, or it is disposed of in some other manner.

      --
      http://blog.slaingod.com
    59. Re:Google shouldn't worry by Anonymous Coward · · Score: 0

      Look, legislation is not programming, it has gray areas: things that cannot be _explicitly_ defined before-the-fact but that are still easily covered by the legislation.

      You don't have to like it, but in most European countries it really is illegal to listen to personal data traffic not intended for you, store it and export it to another legislation. It's probable hat doing just a part of that would be legal but it's also almost certain that the whole chain of events is illegal.

    60. Re:Google shouldn't worry by KDR_11k · · Score: 2

      if you're broadcasting ANYTHING, even if it is just random numbers, people are FREE to collect that information.

      No they're not, the law doesn't say "if it's easy to do it's legal".

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    61. Re:Google shouldn't worry by Rophuine · · Score: 1

      No matter how juicy the invitation? So you're saying that a girl wearing trashy clothes is a juicy invitation to rape? I disagree.

      An open WAP, however, is an invitation: in fact, anyone walking past with a Windows laptop with the wrong box ticked in the network settings will automatically connect and start using the network! ipods did this by default when they first came out! The comparison to rape is not valid. Pretty much everyone accepts that rape is a crime. Lots of people don't accept that what Google did was a crime. Further, rape pretty much implies intent. Google has a very plausible explanation showing they didn't intend to do it.

    62. Re:Google shouldn't worry by FireFury03 · · Score: 2, Insightful

      He's talking about EU jurisdictions. And it is the law here, rightly or wrongly.

      Umm, no it isn't. Here in the UK (which is an "EU jurisdiction") you can most certainly take photos of pretty much anything in a public place. There are laws regarding what you can _publish_ without people consenting, but you're free to take photos for personal use.

      This is why there has been such an uproar about the police confiscating cameras, etc. when people take photos of them, because (no matter what the police claim when they confiscate the photos) it is completely legal for people to do so.

    63. Re:Google shouldn't worry by KDR_11k · · Score: 1

      As stupid as the courts are in Europe, it honestly makes me wonder why American companies even bother to do business with Europe.

      About 500 million citizens with sufficient means to consume high-tech goods. Any other questions?

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    64. Re:Google shouldn't worry by MikeFM · · Score: 1

      How can it be private if it was broadcast? Unless they were breaking wireless keys I don't see how there is a case at all.

      --
      At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
    65. Re:Google shouldn't worry by Anonymous Coward · · Score: 0

      Here's yet another analogy: it's like talking loud over the phone in a public bus. Everyone can here your talking and everyone can record it. It's your fault it they hear it because you didn't take any measures against it (talking less loud, talking in a foreing language, etc.).

    66. Re:Google shouldn't worry by Rophuine · · Score: 1

      I'm guessing that you are from America but I might be wrong.

      You are. I'm from Australia.

      It is different. Whereas the behaviour that you have described is perfectly acceptable in the USA there are laws against this sort of thing in Europe. Some are Europe-wide (http://ec.europa.eu/justice_home/fsj/privacy/law/index_en.htm) and others are national.

      People keep pointing me at the privacy law page, but I honestly can't see an invasion of privacy. My analogy is trying to point that out. If you have a public unencrypted wireless network, it's not private. Just like if you're standing on your front lawn. People keep telling me that it's illegal to photograph people without their permission in Germany, but when I try searching, all of the photography resource pages I can find about Germany tell me that it is, in fact, legal to take photos of people in public; just not to publish them without their permission (and even then, only if they're prominent in the photo).

    67. Re:Google shouldn't worry by Rophuine · · Score: 1

      Sounds like a personal-interest law to me. The people writing the law were doing lots of things wrong, and were terrified of being busted. Thankfully, where I live, we have a sensible law: third-party recordings are illegal, but if you're a party to a conversation, you can record it secretly.

    68. Re:Google shouldn't worry by Rophuine · · Score: 1

      I think we need to keep fighting the privacy war. I'm all for privacy protections. But if we start building an expectation of privacy in things which clearly don't provide privacy, we make things worse. People don't understand technology, by and large, so if it gets ruled that they had an expectation of privacy in an open wireless network, people will continue to keep their wireless networks open, and privacy will suffer. The real culprits here are the companies which sold WAPs which were pre-configured to broadcast traffic unencrypted to the world.

      I sometimes have to rely on public APs for 'net access. I need to be able to trust that the open ones are there for people to use (lots of them will take my credit card through a trustworthy gateway and let me on the net!) I shouldn't be risking getting in trouble for invading people's privacy by using a network which is configured for open access.

    69. Re:Google shouldn't worry by Jurily · · Score: 1

      But there's a difference of scale. You probably don't care if some random guy walking down the street sees your traffic. You don't expect that same guy being there all day, every day, and record everything, now do you? There's a difference between looking out the window and seeing the neighbor naked, and pointing a camera at their house. While the obvious solution is to close the shades, there's still a fucking camera pointed at your house.

      Guess what Google does.

    70. Re:Google shouldn't worry by QuantumG · · Score: 1

      There's no difference. I should have the right to point my eyes or my camera at anything I want. Close your blinds.

      --
      How we know is more important than what we know.
    71. Re:Google shouldn't worry by Anonymous Coward · · Score: 0

      If someone takes a photo of you in public, they've recorded photons which you sent out into public space.

      If someone takes a photo of you, they may be running foul of some countries that make it illegal for you to do so, even in public if they have the intent of publishing those photos to the masses somehow.

      To be able to publish those lawfully in those countries, you would need the people who can be identified in those pictures to sign a modeling license of sorts - to get their permission. Which is really just a way to make sure they can't turn around and sue you.

    72. Re:Google shouldn't worry by Jedi+Alec · · Score: 1

      Which jurisdictions are these? In most jurisdictions, you're well within your rights to film pretty much anything happening in a public place

      The same jurisdictions that the article is about, read a significant chunk of western Europe.

      --

      People replying to my sig annoy me. That's why I change it all the time.
    73. Re:Google shouldn't worry by khchung · · Score: 1

      No, that's called "decency".

      Most people consider what they said in a private conversation to be transient. If you are going to record what they are saying (which could be cut/edited/taken out of context easily), then it is common decency to notify the other party first before you do so.

      --
      Oliver.
    74. Re:Google shouldn't worry by Jedi+Alec · · Score: 1

      Yes, god forbid the nanny states uphold the laws put into place by the democratically elected representatives of the citizens of those states.

      We can live without microsoft or google. Can you live without our euro's? Last time I checked your economy was going down the toilet a whole lot quicker than ours...

      --

      People replying to my sig annoy me. That's why I change it all the time.
    75. Re:Google shouldn't worry by Rophuine · · Score: 1

      Where I think this gets people concerned is the level of recording and subsequent exposure.

      That's one thing which annoys me. The level of recording? One or two packets from your network. For most people, this was a netbios broadcast packet, or a half a sentence from a public webpage, or a small blotch of red from a frame of a youtube video. It was a very low level of recording, and it's almost inconceivable that it would have been enough to both identify a person AND contain information that they'd want to keep private. The subsequent exposure? None at all. They deleted it. See? Not as bad as you thought.

      Add to that the fact that the packet or two they did collect was also available to anyone within a few hundred feet of your house. And anyone but Google would probably have a lot more context, collect a lot more packets, and do a lot more with the information. So they grabbed packets which you shouldn't have expected to be private, took such a tiny amount that it COULDN'T harm your privacy, and then deleted it.

    76. Re:Google shouldn't worry by Rophuine · · Score: 1

      MasterCard were making me look at any wireless networks in the vicinity, dig deep (look at LOTS of packets, try to identify the people communicating, try to work out the context), and the owners were NOT people who were our customers. My intent was to protect our financial database by knowing as much as possible about any nearby wireless networks. Google's intent was just to store the publicly broadcast SSID.

    77. Re:Google shouldn't worry by Anonymous Coward · · Score: 0

      It is not just Europe, it's every country, since they started the project. No one noticed the code was still there? Really? Are you telling me programmers didn't update their software through that whole time? Bullshit. No one noticed? No one "noticed" because it was done intentionally with the full cooperation of management.

      In every state in the U.S. it is considered at a minimum theft of services and illegal wiretapping(states have updated their laws since the 80's to include data networks). It does not matter if the network and data is encrypted or not. It is a private network. Similar to trespassing laws I am not required to build fences to keep you out, I only need a sign. In this case there is an assumption of privacy regarding data networks.

      Because they PLANNED on profiting(even if not monitarily it could be simply gaining market share) from the activity and committed the act it is criminal attempt(they did it), facilitation(the provided the software, hardware, and vehicles to do the packet sniffing while wardriving), solicitation(they paid people to write the software and others to use it), and conspiracy(they continued to do it knowing full well the code was in place, We'll just delete the data they say. That is criminal destruction of evidence which also falls under conspiracy) to commit a felony. That's not even getting into federal laws. Multiple felonies, every state in the U.S. and most of Europe.

      This came from the top. An attempt to sell the data to marketeers and other companies. People need to go to jail for this. Don't let the lawyers wooh you into a classaction lawsuit.

    78. Re:Google shouldn't worry by Rophuine · · Score: 1

      My ISP shipped me a wireless router with WPA2 turned on. The key was printed on the bottom of the router. I believe that anybody who buys a device which will broadcast, unencrypted, everything they do on the 'net outside SSL to the whole neighbourhood has an action against the vendor. The people who feel "violated" here should be suing the people who sold them default insecure WAPs.

    79. Re:Google shouldn't worry by soppsa · · Score: 1

      Well for once Europe is wrong here. And don't take this as an attack on your euro vs north-america pride, as I've seen you do in countless articles. If you are broadcasting information publicly, guess what I'm free to intercept it. Don't like it? Encrypt the traffic coming from your parents basement.

    80. Re:Google shouldn't worry by Hurricane78 · · Score: 2, Funny

      Actually, at least in Germany, it does not matter if you are a company or a private person: If you take a photo, record audio or video, and you record other people in the process, you have to first ask them, or you are committing a crime. (Yes, this includes the creepy guy.)

      So if I have the drapes open and am jacking off in my living room, then when you “catch” me, you’re the pervert (peeping tom), and I can sue you for invading my privacy.
      (Oh, well, I won’t go into details, but I think seeing it might be punishment enough. ^^)

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    81. Re:Google shouldn't worry by Anonymous Coward · · Score: 0

      The law in Germany clearly forbids listening in on radio communication which is not intended for you. Illegal access laws are guarded by the requirement that the system must be protected somehow for unauthorized access to be illegal, but this particular law does not come with a similar guard. Consequently, if you receive radio transmissions which are not meant to be received by you and you do so beyond the technical necessities, you're violating that law even if the transmission is in the clear, you're on public ground and using otherwise legal devices and software to do it. Yes, it's a stupid law.

    82. Re:Google shouldn't worry by Rophuine · · Score: 1

      Common decency, but not illegal to neglect to. It's common decency to cover my mouth when I yawn too, but half the people I pass on the street in the mornings don't bother.

      I've recorded one or two conversations in the past without telling the other party, but only when they were already being far from decent to me (the guy was trying to extort money out of me, and I needed proof to get the cops to arrest the guy). It was nice to be able to defend myself without becoming, technically, a criminal myself. For the record, the cops arrested the guy.

    83. Re:Google shouldn't worry by Rophuine · · Score: 1

      Publishing is different, and there are special laws dealing with it. Google didn't publish anything.

    84. Re:Google shouldn't worry by Rophuine · · Score: 1

      Actually, at least in Germany, it does not matter if you are a company or a private person: If you take a photo, record audio or video, and you record other people in the process, you have to first ask them, or you are committing a crime. (Yes, this includes the creepy guy.)

      People keep saying that, but when I search the web (yes, I used Google) the sites all say that, in Germany, I'm perfectly allowed to take photos of people in public, I'm just not allowed to publish them without getting consent. I haven't found anything specific about video.

      So if I have the drapes open and am jacking off in my living room, then when you “catch” me, you’re the pervert (peeping tom), and I can sue you for invading my privacy.

      I would expect that you would be violating public decency laws. I know that, where I live, it's illegal to perform a sex act (including a solo one) where you can be easily seen from a public place. If I go onto your private property to see you though, or if I use a telephoto lens to see something I couldn't otherwise see from public property, then I'm invading your privacy.

      Lots of people where I live have this silly idea that you can't be photographed in public, even if the photo won't be published, as well. It sounds like it's a common misconception in Germany. I have heard that France has laws preventing you from photographing people in public, but perhaps that's as much an urban myth as the German ban is.

    85. Re:Google shouldn't worry by ksandom · · Score: 1
      --
      Funnyhacks - Wierd, unusual, and fun hacks
    86. Re:Google shouldn't worry by Zironic · · Score: 1

      How the heck can you keep missing the point and the word of the law, over and over and over and over again. Watching, Recording and Publishing are three different things that are treated differently by the law, stop confusing them.

    87. Re:Google shouldn't worry by Anonymous Coward · · Score: 0

      You wouldn't feel bad if someone robbed an 80 year old woman and she wasn't compensated because she forgot to lock the door?

      I understand taking responsibility for one's actions, but this isn't "letting them reap what they sow" this is outright antisocial, anti-human behavior. It is a mindset which places the responsibility of a persons welfare so completely within their care that you can feel comfortable and elite when you walk by the starving and hopeless masses.

      You should care about that 80 year old woman. You should have sympathy for your fellow man, even... no, especially when they make mistakes.

      I sincerely hope that when you make a mistake there is someone more human than yourself to help you through it. You certainly will not be able to help yourself.

    88. Re:Google shouldn't worry by delinear · · Score: 1

      Might be illegal. It seems to me this would hinge on the definition of identifiable information. There's nothing being broadcast that identifies you personally, even tying it down to a house would be difficult unless you live out in the middle of nowhere. Even if you have your address/name as the SSID, it's not necessarily identifiable, as it might actually be your neighbour using your name/address as his SSID, or you might have purchased the router used from ebay and have never met or spoken to the person who's name is being used. There's simply not enough useful information being broadcast here to in any way claim this infringed upon privacy, and weighed against the simplicity of people taking mitigating action and not broadcasting that information, I find it hard to see that Google would have a case to answer.

    89. Re:Google shouldn't worry by delinear · · Score: 1

      But there's a difference of scale. You probably don't care if some random guy walking down the street sees your traffic. You don't expect that same guy being there all day, every day, and record everything, now do you? There's a difference between looking out the window and seeing the neighbor naked, and pointing a camera at their house. While the obvious solution is to close the shades, there's still a fucking camera pointed at your house.

      Guess what Google does.

      The first one? It drives down the street and takes a snapshot of one point in time. Even if it does that a million times per day it's still only taking one snapshot of you, it's in no way equivalent to sticking a camera outside your house. Even with your MAC address it can't use that information (since it will be lost when your traffic is routed via your ISP). The only way their actions would be equivalent to them permanently looking at what you're doing is if Google were your ISP, since that way they could tie up your MAC address with your physical location and the sites you're browsing, but your current ISP can do all of that already without driving past your house, so I fail to see the issue.

    90. Re:Google shouldn't worry by dhavleak · · Score: 1

      No matter how juicy the invitation? So you're saying that a girl wearing trashy clothes is a juicy invitation to rape?

      No.
      .

      I disagree.

      Good. We agree then.
      .

      Nice try at turning things around though. The point is *whatever is the line at which a person might get tempted* crossing the line (raping) is not ok.
      .

      An open WAP, however, is an invitation

      Stating it does not make it so. How is it an invitation?
      .

      anyone walking past with a Windows laptop with the wrong box ticked in the network settings will automatically connect and start using the network!

      Explain that to a novice user who doesn't understand encryption/WEP/WAP/anything. You keep ignoring this point. You have a burden of proof here. You need to demonstrate that a person with no understanding of tech stuff, *does not expect privacy* when setting up a WiFi router with default (hence unsecured) settings.
      .

      The comparison to rape is not valid. Pretty much everyone accepts that rape is a crime. Lots of people don't accept that what Google did was a crime.

      A little circular, no? The analogy can't fail based on your acceptance/denial of WiFi snooping as a crime! You have to fail the analogy on some other ground (whatever it might be), which will then help you illustrate that snooping open WiFi is not a crime.
      .

      Further, rape pretty much implies intent. Google has a very plausible explanation showing they didn't intend to do it.

      Google has intent and motivation -- they get data that they can mine to fine-tune their algorithms. Their explaination is so far away from plausible it isn't even funny. They *accidentaly* left in a few hundred lines of code that connect to open WiFi networks and log data? ACCIDENTALLY?? Nobody spotted this in a code review? Nobody noticed the logs sitting there consuming diskspace (there's a cost to storing PBs of logs -- some team within google would be picking up the tab for it)? The first time the German govt. asked them about it, everyone involved with the project forgot about this code, or they never really bothered to ask the people that acutally worked on the project, and accidentally said they were not gathering this data?

      If you believe that BS, I have a small island I want to sell you..

    91. Re:Google shouldn't worry by Anonymous Coward · · Score: 1, Interesting

      Germany's privacy laws generally restrict photographs of people and property without a person's consent, except in very public situations, such as a sporting event.

      That's wrong.

      Germany's privacy laws generally restrict the publishing of people and property without a person's consent, except in very public situations, such as a sporting event.

      You may take as many pictures as you want as long as you don't publish them, except when you take a picture of someone sitting on the toilett or other really private areas.

    92. Re:Google shouldn't worry by dhavleak · · Score: 1

      Correct. But that (believe it or not) isn't the point.

      OP used some analogy about people naked in their yards. I used a rape analogy. The point behind the analogies isn't to prove that snooping wifi is a crime. It is to prove that *ease of committing said act/crime* is not what makes it *not-a-crime*.

    93. Re:Google shouldn't worry by arth1 · · Score: 1

      Standing naked in your yard is something you would not unintentionally / unknowingly do.

      People sleepwalk. And I've more than once seen the wind do a Marilyn on girls and women.

      But whether they do it intentionally or not is beside the point. If they have an expectation of privacy, like sunbathing in their own yard that's hedged in, whoever circumvents that privacy is clearly at fault. If you climb up on the roof of your car to look over the hedge to see someone in the buff, the problem is not them exposing themselves; it's you being a peeping Tom. Similar if you and a miss imitate Budweiser on a private beach. If someone in a boat with a telephoto lens captures you, it's them invading privacy, not you exposing yourself.

      The bottom line is that even if you do something intentionally and knowingly in a place where people can observe by making a dedicated effort, it doesn't imply that you intend for others to see you.
      Similar with Wi-Fi. Yes, the signals are sent out to the street too. Not because of a desire to send signals to the street, but because there's no affordable technology that can stop the signals at the end of your property. Anyone listening has to make a special effort to get data out of your signals.
      The intent is then clearly Google's, not the hotspot owner's.

      Exploitation may be both legal and common practice here in the US, but most European countries have quite strong laws and public opinions against it. For good reasons, I think.

    94. Re:Google shouldn't worry by dhavleak · · Score: 1

      She could be an idiot. Or she has a purely administrative job at her tech company, and is actually tech-phobic. Either way - she's not the only one affected by this. You still need to account for novice/tech-phobic/tech-challenged users the world over who are simply ignorant of WAP/WEP etc.

    95. Re:Google shouldn't worry by Albanach · · Score: 1

      Google is now facing criminal investigation in Germany [computerworld.com]. Collecting that kind of data is against the law there, as is

      Given the recent post about a German being fined for having an unsecured wireless router, I don't envisage they'll be queuing up to sue Google.

    96. Re:Google shouldn't worry by Rophuine · · Score: 1

      I get the difference. When it comes to visual images, watching and recording are both okay in public. Publishing requires permission from the subjects. Google didn't publish anything. I'm ... not sure what point you're trying to make.

    97. Re:Google shouldn't worry by Anonymous Coward · · Score: 0

      I was going to make a similar point in relation to people not having the technical know-how to turn off the broadcast - most people don't have the technical know-how to keep their cars roadworthy, nevertheless the law requires that cars be roadworthy and people without the know-how just have to suck it up and pay for a mechanic.

    98. Re:Google shouldn't worry by Rophuine · · Score: 1

      Explain that to a novice user who doesn't understand encryption/WEP/WAP/anything. You keep ignoring this point. You have a burden of proof here. You need to demonstrate that a person with no understanding of tech stuff, *does not expect privacy* when setting up a WiFi router with default (hence unsecured) settings.

      I'm not saying they don't expect privacy. They probably do. I'm saying they shouldn't expect privacy, because the technology doesn't provide it. There's a gap between reality and what most people believe, and the law shouldn't be making that gap worse - it should be making the reality clearer. If you expect privacy, turn on encryption. If you don't understand it, do what I do when I need something I don't understand fixed (like my car's brakes). Pay someone.

    99. Re:Google shouldn't worry by boxwood · · Score: 2, Interesting

      So its basically your version of the DMCA. Security through making it illegal.

    100. Re:Google shouldn't worry by Anonymous Coward · · Score: 0

      I think I kind of get it now. Here is what you are trying to say:
      If a person invented a machine which can shoot out a dollar bill.
      He load all some of his money from his saving account and put it into the machine, then put the machine in the front yard.
      Turn on the machine, and allow the machine to shoot out his money from his saving account in a dollar bill format.
      So if a Google guy walk by and see a dollar bill flying onto his face, he shouldn't take it.
      It's because it's illegal to pickup a flying dollar bill that doesn't belong to you in public.
      You can pick it up once you have consent of the person who shoot it out.
      Or if the person is shooting the dollar bill out in a very public situations, such as a sporting event.

    101. Re:Google shouldn't worry by slaingod · · Score: 1

      Doesn't make it any less funny.

      Ignorance isn't Google's fault. Perhaps the class action should be targetting the Wifi access point providers instead.

      --
      http://blog.slaingod.com
    102. Re:Google shouldn't worry by cellurl · · Score: 1

      article says:
      "federal wiretap law, which prohibits unauthorized access of communications."

      IMHO, all wifi should be open or at least not illegal. The US should not be in such a hurry to become Russian...
      This law must have come from the carriers who loose data-dollars from open wifi.
      or
      the ISP's who want everyone to pay $40/month for Internet.

      I may write my Congressman on this one.
      Open Wifi is a nice thing to offer your neighbor. I recently installed wifi for an elderly couple who now use their neighbors unlocked wifi.
      Its not like sharing a water pipe which is more infrastructure. The ISPs can just adjust their prices.
      This is what I dislike about these laws. They promote "hate thy neighbor".

      Help screw the government

    103. Re:Google shouldn't worry by GORby_ · · Score: 1

      I wouldn't really say that Google is in the business of making your private information public...
      Sure, they gather as much information as they can, but they use it internally, to build an accurate profile of you, in order to increase the likelihood of you clicking on ads, since the profile helps them to show you relevant ads...
      They want to know what you like, what you buy, where you are, ... to increase the chance of income from ad clicks. That way, the advertizers also tend to pay more per click, since a larger precentage of them is relevant (again, a win for Google).

      As far as I'm concerned, showing relevant ads on web pages doesn't bother me. I remember the internet before most sites used Google Ads, with all the animated GIF and flash banners and I don't want to go back. Google doesn't (according to their privacy statement) share any personally identifiable information with third parties for their perusal, unless you initiate it (uploading photo's to a public web album, or sharing them, publishing/sharing google docs, ...).

    104. Re:Google shouldn't worry by drinkypoo · · Score: 1

      Anyone listening has to make a special effort to get data out of your signals.

      This is only true if the data is encrypted. SSID broadcast is about broadcasting the advertisement (I didn't invent these terms; they're technical and appear in the specification) that you have an AP. If you're announcing this information, and I'm recording it, then everyone has gotten what they want. Don't want people to connect to your AP? Don't advertise it. The fact that consumers have not been made aware of this, and that the original default was not to encrypt for convenience, does not excuse them from using simple technical measures to prevent it. Encryption is like locking the door. But broadcasting SSID is like putting up a sign that says you're open for business. Both broadcasting SSID and not encrypting, put together, are the technical equivalent of announcing that you offer free WiFi. No one should have the right to put up a sign and unlock their door and not have people coming into their home looking for business.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    105. Re:Google shouldn't worry by elkstoy · · Score: 0

      "Average Joe user may have absolutely no clue his WAP is broadcasting in the clear, nor should he be required to have that technical talent, anymore than we should all be expected to be car mechanics ." I disagree. Why shouldn't people be expected to be responsible for the equipment they purchase and run. Read the directions for crying out loud. It is not rocket science! They did not come on to his property to get this information. They picked it up from the street. If someone is throwing candy from their front yard and one lands in my pickup, am I wrong to take it and eat it? I think google should countersue that the user data interfered with their legal collection of data.

    106. Re:Google shouldn't worry by dzfoo · · Score: 1

      Wait, wait, wait! What is an expectation of privacy? Is it when people actively seek to be anonymous? Is it when people think their actions are not being scrutinised or exploited? What is it?

      I posit that if a large corporation, or the government, performs a massive, large-scale collection of information--whether freely available or not--and at least some people take this as an intrusion of privacy and argue about it, that these people had an expectation of privacy. They certainly had an expectation of this information not being exploited in such ways.

      Why would they be complaining about it if they were perfectly in agreement and understanding that such information was even available freely for someone to collect and exploit?

      This is how laws and regulations are enacted: someone crossed a line, which heretofore was not acknowledged by the masses as being an issue, and it gets prohibited, restricted, or regulated henceforth.

      I say that Google did cross this line, and the fact that so many people--including entire governments--are reacting so negatively means, in fact, that they were expecting Google, and any other large corporation, to exercise restrain and not do this. This, in my opinion, is an expectation of privacy.

              -dZ.

      --
      Carol vs. Ghost
      ...Can you save Christmas?
    107. Re:Google shouldn't worry by cbiltcliffe · · Score: 1

      But there's a difference of scale. You probably don't care if some random guy walking down the street sees your traffic. You don't expect that same guy being there all day, every day, and record everything, now do you? There's a difference between looking out the window and seeing the neighbor naked, and pointing a camera at their house. While the obvious solution is to close the shades, there's still a fucking camera pointed at your house.

      Guess what Google does.

      Huh? Google isn't there all day, every day, monitoring traffic. They picked up the SSID, and at most a dozen packets of data from any given network while driving by momentarily in a car. It's not like they parked out front of your house to sniff traffic for days, then moved on to your neighbour and did the same thing.
      I don't see anything different between that and the actual street view imagery. They drove by and snapped a couple of pictures. There's a camera pointed at your house, sure, but it's only there for a matter of 10 seconds or so, and at most three pictures that show a usable view.

      If people are really concerned about this minuscule amount of data collection, then they sure as hell _should_ have their network encrypted. And they shouldn't be using an SSID like a lot I see, with their name, phone number, address, or anything else identifiable.

      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    108. Re:Google shouldn't worry by Daengbo · · Score: 1

      I understand people getting upset: I don't get the governments accusing Google. Governments around the world have repeatedly argued in court that people communicating via cordless phone, e-mail, and even cell phone have no expectation of privacy so no warrant is required. How is an unsecured network or a broadcast SSID any different? It's kind of shitty to turn around and declare the opposite of what you just argued when you don't like what's going on.

    109. Re:Google shouldn't worry by clintonmonk · · Score: 1

      Finally, an analogy Slashdot can understand!

    110. Re:Google shouldn't worry by Actually,+I+do+RTFA · · Score: 1

      Non-tech-savvy users with unsecured WAPs are vulnerable to all sorts of things

      And unarmed people walking through alleys at night are vulnerable to all sorts of things as well; it doesn't mean we don't prosecute those who do those things.

      When I used to work in the banking industry, MASTERCARD MADE ME DO THIS. As a part of my audit, I had to record all wireless traffic visible from our data center and analyze it to ensure that none of it was potentially a rogue AP somewhere inside our network.

      That's pretty justified. I mean, Mastercard wants to make sure they are not transmitting the AP, and it's hard to triangulate it.

      Also, let's keep in mind that being able to see something, and being able to record it, and being able to post it in a searchable form on the internet are all very different things. You may see your neighbor changing through her curtains, but if you post that video to the internet, that's not legal (at least, not where I am). Mastercard wasn't building a database, they were testing their own security.

      --
      Your ad here. Ask me how!
    111. Re:Google shouldn't worry by insufflate10mg · · Score: 0

      I have one huge question. Is it against the law for me to drive around and write down the names of WiFi hotspots I stumble across throughout the trip?

    112. Re:Google shouldn't worry by Anonymous Coward · · Score: 0

      Like it or not, you're bound by a country's laws. If this capturing of broadcast information is illegal according to the laws of that country then you're breaking the law in doing so. However, I find it highly unlikely the law was broken, so the end result is the same - move along people, nothing to see here (other than more attempts to cash in on Google's success).

    113. Re:Google shouldn't worry by RcNorth · · Score: 1

      Your 80 yr old grandma doesn't need to be a mechanic to realize that she should lock the car to make sure that the valuable inside are not stolen. The car manufacturers make sure that there are locks on the car, not that you use them.

    114. Re:Google shouldn't worry by infamous_blah · · Score: 1
      Leaving your door unlocked might be stupid, but it doesn't make it legal for someone to come into your home and take your stuff.

      If the same 80yr old lady had a break in with the locks bolted on vs unlocked, her insurance company sure an't gona pay shit (and I sure wouldn't feel bad for her) because she DIDN'T SECURE HER DAMN HOME!!! Her data is to be handled the same damn way.

      Here is a big difference between what happened and the break-in analogy. Intent does matter and since it appears to be accidental collection that makes it a lot different than Google intentionally collecting all that traffic.

      Uh yeah, boooo corporate America for saying they made a mistake they had NO reason to tell anyone other than they actually do care. Which is why they pulled the project from going forward till this useless data was expunged (never used for anything). This whole thing is big non-issue to people who understand what happened. At worst their system captured a network name, and a couple useless frames of data that mean jack shit.

    115. Re:Google shouldn't worry by Antisyzygy · · Score: 1

      No. Its each individuals personal responsibility to secure their belongings. If you leave a gold watch on a pedestal in the middle of the street then complain about how it was taken from you and demand reparations you are an idiot, self-entitled turd. Same thing with wireless networks. IT IS SO SIMPLE to secure one, all you need to do is read a manual or go through a easy config wizard. People should not be given special rights for stupidity, they should be left to deal with consequences. Thats how you learn things.

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
    116. Re:Google shouldn't worry by Eskarel · · Score: 1

      In actuality, it's illegal in the US too.

      Remember, we're not talking about filming the sunset and picking up some stray people, this is the equivalent of zooming your camera right in on someone, they set out to gain information about these people.

      Don't believe me that there are rules about that shit, follow someone around with a camera, or go down to a park and start filming other peoples kids, and see how long before there's a couple of police officers telling you what laws you broke.

      Seeing someone walk down the street, is not the same as following them and recording them, accidentally intercepting broadcasts is not the same as purposely recording them.

      Sure people should encrypt their wireless, but Google shouldn't be doing any of this shit, sure street view is cool, but it's also seriously alarming and seriously unnecessary. As I said before, if someone found out the US government was doing this, they'd be calling for the entire government to be executed, but when google does it, it's apparently just fine.

    117. Re:Google shouldn't worry by Pteraspidomorphi · · Score: 1

      So now being ignorant is an excuse for being able to sue people? Why do people even go to school anymore? We should all shut down our brains and be idiots for the rest of our lives, so we can accuse the people on the other side of all our failed actions and interactions of "taking advantage of us" and make them PAY.

      There may be an expectation of privacy, but it's an UNREASONABLE one.

    118. Re:Google shouldn't worry by abigsmurf · · Score: 1

      Privacy laws in most countries have a 'reasonable expectation of privacy' term. Generally speaking, if you expect something to be treated as private, it should be.

      Unless there is a concious effort to make this data public, it remains private. Ignorance of security measures is not permission to use their data.

      Treat private information as if it was a wallet left on the street. You can have a look at it, maybe try to notify the owner but you've no right to put it in your pocket and keep it(or perhaps for a more appropriate analogy, to photocopy their credit cards).

    119. Re:Google shouldn't worry by AthanasiusKircher · · Score: 1

      The real culprits here are the companies which sold WAPs which were pre-configured to broadcast traffic unencrypted to the world.

      Agreed.

      I sometimes have to rely on public APs for 'net access. I need to be able to trust that the open ones are there for people to use (lots of them will take my credit card through a trustworthy gateway and let me on the net!) I shouldn't be risking getting in trouble for invading people's privacy by using a network which is configured for open access.

      I think this is a different issue. It's one thing to observe data broadcast from a network; it's another to actually use that network for your own purposes. If I sit on my porch across the street and watch your giant television through your window, there's not much you can do legally (except close the blinds), but if I get an extra remote control and start using your television myself (from outside the house) when you're not watching it, we have a different situation. Using an open network without the explicit permission of the owner means you're making use of their resources. That's why, for example, you can be fined for sending "spam" faxes -- by spamming a fax machine, you are costing the owner of that machine money for paper, ink, etc., even if it's a few cents. Observing something from a public place is one thing -- but using someone's equipment that resides on their private property without their permission is a different animal.

    120. Re:Google shouldn't worry by natehoy · · Score: 1

      This should be controlled at the point of distribution, not the point of consumption.

      Exactly. Joe user is distributing his signal to a public space on an unlicensed frequency, and this should be controlled at the point of distribution.

      Look, Google collecting this data was wrong, I agree. They should have stuck to sniffing the MAC address and associated the MAC with the GPS coordinates where they read it, and leave it at that. Nothing else should have been written to a database.

      But, what they collected was transmitted in the clear on a frequency that is for public use. US-FCC regulations list it as an unlicensed frequency, which means Joe user does not have an exclusive right to use it, it's a shared resource. I don't know about other countries, but if you want to limit the resource to licensed users, then Joe needs to apply for and receive a license. If Joe wants to use the frequency without a license, then he should expect others to be able to use the frequency as well.

      If you get so angry at Google for collecting stuff you transmit in the clear, you should stop and carefully consider that other people, many with far more sinister motives than Google, can also intercept this data. No law on this planet can protect you from the consequences of transmitting data in the clear, because most people who want to use the data for evil won't obey the law. And they are not after demographic data, they are after your bank account.

      Google deserves punishment (not legal punishment, but their behavior was impolite) for storing data they really shouldn't have, but WiFi users need to stop expecting some law to protect them from evildoers on their WiFi LANs. Licensing and technical issues aside, it's simply not going to protect them.

      It's like standing on your porch shouting your social security number and debit card PIN, then suing anyone who stops on the sidewalk in front of your house to write it down. If you use an unlicensed frequency to transmit data in a way that everyone else can understand, and that signal reaches a public place, you have lost the right to tell everyone else to not receive it. Even if you get such a law passed, it's not going to help you when your bank account gets cleaned out.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    121. Re:Google shouldn't worry by AthanasiusKircher · · Score: 1

      I say that Google did cross this line, and the fact that so many people--including entire governments--are reacting so negatively means, in fact, that they were expecting Google, and any other large corporation, to exercise restrain and not do this. This, in my opinion, is an expectation of privacy.

      While I agree with your basic idea, I think you're conflating a couple different legal issues. Reasonable "expectation of privacy" is something that generally applies only to actions taken by the government. Government agents (police, etc.) can't just search through your things without your permission. That's what an "expectation of privacy" is usually about.

      Corporations, on the other hand, have traditionally had very little constraints placed on how they treat people's "privacy." Companies may have a "privacy policy," but they are generally not required to follow it by law (except when dealing with certain things like medical records, educational records, etc.). Obviously, if a corporation did to a private citizen what the police might do in searches, they would be trespassing and perhaps stealing (if they take anything), etc. As to information that you make available freely for public access, corporations are just as welcome to it as anyone else.

      The problem with the present scenario is that there isn't a good analogy related to older law. In the past, collecting massive quantities of PUBLIC data and manipulating it was difficult, time-consuming, and expensive. Companies who wanted to invest in creating such databases were generally permitted to, because it would take so much effort to amass enough data for significant abuses to happen.

      In the past couple decades, however, public data has become much more accessible, much more easily aggregated, much more easily searched, and much more easily analyzed and manipulated.

      The issue is not that we have any traditional "expectation of privacy" for such data (since a lot of it is and generally has been public), but that new aggregating tools allow that data to be collected and analyzed in more efficient ways that end up feeling invasive. We need a new conception of "privacy" to deal with such scenarios, because a lot of us would like to continue living our lives without worrying about companies spying on us and tracking our every move, and yet we also would like to maintain our ability to act in some way "publicly" without being tracked. That's really a novel scenario, and I don't think the old legal concept of an "expectation of privacy" covers that well.

    122. Re:Google shouldn't worry by AthanasiusKircher · · Score: 1

      Companies may have a "privacy policy," but they are generally not required to follow it by law

      Sorry -- self-correction: what I meant is that companies are not generally legally required to have such detailed privacy policies. Obviously, if a company guarantees your privacy as part of a contract you enter into with them, such a contract would be legally binding.

    123. Re:Google shouldn't worry by dhavleak · · Score: 1

      Ignorance isn't Google's fault.

      And that's your justification? It's okay to screw over people who are ignorant?

    124. Re:Google shouldn't worry by dhavleak · · Score: 1

      So now being ignorant is an excuse for being able to sue people?

      No - having your private network traffic snooped without your permission is the 'excuse'. It's okay for Goolge to be magically (and suspiciously) 'ignorant' of what their own code is doing -- but it's not okay for users to be ignorant?
      .

      Why do people even go to school anymore?

      So you expect every single person in the world to know about WAP/WEP/router configuration? You're going to fail the grandma test on that you know.
      .

      We should all shut down our brains and be idiots for the rest of our lives, so we can accuse the people on the other side of all our failed actions and interactions of "taking advantage of us" and make them PAY.

      Maybe you should set a slightly higher bar for Google, instead of setting such a high bar for every single individual that owns a WiFi router, however low-IQ, right-brained, elderly, etc. they might be?
      .

      There may be an expectation of privacy, but it's an UNREASONABLE one.

      Saying it (even with all caps) does not make it so.

    125. Re:Google shouldn't worry by BrokenHalo · · Score: 1

      I used to hide my network's SSID, but a couple of visiting members of my household have Windows laptops which feature a failure to recognise or remember it. Since I've adopted a "hands-off" policy of not fixing their machines unless they specifically ask me to (for reasons better left to another post), I now leave it exposed.

      As I use WPA2 PSK, my modem logs show no more evidence of unauthorised connections than they did before. There is the "here I am" effect of broadcasting my SSID that isn't really ideal, but at least I'm reasonably confident that no-one can compromise my LAN without putting in more effort than the job is worth.

    126. Re:Google shouldn't worry by dhavleak · · Score: 1

      I'm saying they shouldn't expect privacy, because the technology doesn't provide it.

      They don't know this.
      .

      If you expect privacy, turn on encryption. If you don't understand it, do what I do when I need something I don't understand fixed (like my car's brakes). Pay someone.

      If you don't know you have a problem to begin with, why would you approach someone to fix said problem?

    127. Re:Google shouldn't worry by Hurricane78 · · Score: 1

      People keep saying that, but when I search the web (yes, I used Google) the sites all say that, in Germany, I'm perfectly allowed to take photos of people in public, I'm just not allowed to publish them without getting consent. I haven't found anything specific about video.

      Yes you are right about the “publish” detail. But what exactly “publish” means, is not as clear as it may seem.
      For example, one person recording it, and any other person seeing it, even once, in enough to make it illegal.

      In other words: If any third party can prove that you are in the recording, then it got passed on to a third party, and is thereby not allowed.

      I know for a fact that this is true for any type of recording.
      Video: The Deutsche Bahn (state-owned German rail company) is not allowed to record you in their rail stations and buildings, unless they put a big warning sign on the entries. This went to court.
      Audio: In Germany, directional microphones are usually sold with a warning that while this device can be used for it, it is illegal to record other people without them knowing about and agreeing to it.

      I would expect that you would be violating public decency laws.

      Those dark-age laws are long gone here. It is upheld numerous times in court, that when you are in a public place, concealing your primary sexual organ suffices (except for e.g. nude beaches & saunas, where being nude is mandatory). So a sock over your dick and balls, and you are good. (Yes, really.) And for women and men, there is no difference about being topless. (That would be seen as discriminatory.)
      It is also upheld, that on your own property, you can do whatever you want regarding “decency“. A orgy in your back yard might not be what the neighbors want to see, but they can’t forbid it. It does not matter if it can be seen from a public place. It is your private space. And looking into it, even with no walls between, is invading it.

      Mind you that even the cops here in Germany get this wrong often. Hence all those lawsuits.

      I think France and other states around here have pretty much the same laws.

      Oh, and nobody here sues for nudity alone anyway. We just giggle, and move on. A cop might tell you to put some clothes on, but... we just don’t see what’s supposed to be the problem with it.
      Also when two people have sex in a park where usually nobody sees you, and someone walks in on them, then nothing big will happen. Some embarrassment, and either he or they will go away. That’s it. :)

      And in east-Germany (ex GDR/DDR) they are even more open.

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    128. Re:Google shouldn't worry by dwillden · · Score: 1

      The I guess WiGle.net is doing something wrong. http://wigle.net/images/rigled-images/europe.png

      --
      I'm too lazy to compose a creative sig.
    129. Re:Google shouldn't worry by BrokenHalo · · Score: 1

      There's a little button on the side your router that lets you turn it OFF

      I have a friend who is such a cheapskate, he does exactly that because he begrudges the power company billing him for the 0.3 mA of smoke that it draws. (He hasn't cottoned on to VOIP yet.) I once tried to explain to him that he might just be stressing the components of his modem/router with the power cycle, but no dice. I guess it could be coincidental that he is now on his third such device in just 2 years...

    130. Re:Google shouldn't worry by Kharny · · Score: 1

      while insurance companies might not pay out when you forget to lock the door, the police will still arrest anyone who breaks in, door locked or not

      --
      Make a man a fire and he will be warm for a day, set a man on fire and he will be warm for the rest of his life
    131. Re:Google shouldn't worry by BrokenHalo · · Score: 1

      For example, "reverse phone books" that provide name/address from a phone number, tend to be pretty controlled...

      Does anyone actually bother with them any more? Given the number of ISPs who allocate a number for their SIP VOIP connections, I would assume that would mean such a reverse directory would have to be garnered from a lot of disparate sources. (And I imagine services such as SkypeOut would be impossible.) I wouldn't want that job. I'm sure there must be someone here who works with an ISP who can edify me...

    132. Re:Google shouldn't worry by slaingod · · Score: 1

      No, it isn't okay to screw people over who *aren't* ignorant. You can feel free to screw yourself over with ignorance.

      There is no evidence of malicious intent, and even if it was done deliberately, there is no reason to think that it was illegal to capture these broadcasts, at least in many locales.

      Like I said, if you wanted to target someone who actually had a chance to both prevent the ignorance, and protect their customers, then the class action should be targeting Netgear, Linksys, Dlink, etc.

      --
      http://blog.slaingod.com
    133. Re:Google shouldn't worry by icebike · · Score: 2, Funny

      Google should sue the Grandmother. Its against the law in Germany to run an unsecured access point.

      I'd plead entrapment.

      --
      Sig Battery depleted. Reverting to safe mode.
    134. Re:Google shouldn't worry by BrokenHalo · · Score: 1

      People should not be given special rights for stupidity, they should be left to deal with consequences.

      From my viewpoint of self-confessed (or professed) geek, I might agree. But given how easy it is for manufacturers or vendors to provide reasonably safe defaults, this approach is unnecessary.

      An instance that comes to mind is a case two or three years ago, on a return visit to the UK (I now live in Australia), I was asked to set up a new WiFi-enabled modem/WAP for a friend. The device that had arrived (free of charge from British Telepom) had sat there in in its packaging for a couple of months. Given my previous (1980s) experience of BT, I expected the worst, but as it turned out, I was seriously impressed at how simple and easy the setup was. The whole process was as idiot-proof as anyone could have made it.

      I sometimes wonder if that was because British Telecom has a large pool of idiots to draw on... ;-)

    135. Re:Google shouldn't worry by BrokenHalo · · Score: 1

      The car manufacturers make sure that there are locks on the car, not that you use them.

      I discovered just a couple of days ago that it is actually illegal in some states of Australia to leave your car unlocked. Some of our nanny-state overlords need clubbing over the head with a very large cluebat.

    136. Re:Google shouldn't worry by Pteraspidomorphi · · Score: 1

      If users don't know, don't want to know, and don't want to get someone to help them, it's their own damn fault (I'd figured I wouldn't have to repeat this here, but apparently you didn't read the many other comments disagreeing with you).

      It's not about what Google did or didn't do. There are people messing with unprotected networks all over the world and mostly they get away with it. If Google is successfully convicted because of this, it sets a dangerous precedent.

      Your session ID and your unprotected data consist in waves you are broadcasting into the public road (or your neighbor's residence). Would you be able to sue someone who heard you having a loud argument with your wife? What if that person happened to be running a tape recorder - let's say he was an executive on his morning jog who was recording a speech - and your argument was caught in it, but he didn't do anything with it?

    137. Re:Google shouldn't worry by EdIII · · Score: 1

      You're misunderstanding me. I am not speaking about the concern about this particular event, but the concern over privacy regarding these events in general.

      Subsequent exposure was limited because Google decided to do so and SSID's themselves can be a concern.

      Again, my point was not regarding this one specific case and it's details. Only to say that there is a difference between Google and the creepy guy across the street. Vastly different levels of power relatively to the people around them.

      You have said there is no valid privacy concern here because it is in "public" and I am just pointing out that reasonable expectations of privacy can still be expected in this case. As I said, big difference between 1 or 2 people in the park watching you, and Google watching everyone. Consider what those 1 or 2 people are really capable of doing, and what Google is capable of doing. There is your difference.

      I agree that in this instance Google may have not been trying too hard to record anything, as it was an unintended accident, but what if they were *really* trying? Would this argument change then?

      Privacy in public is about reasonable expectations not just about what privacy you have, but about what all the people around you can really do with the information about you. That's why it is always a difference between other citizens watching you and the government watching you.

    138. Re:Google shouldn't worry by fatboy · · Score: 1

      Google is a multibillion dollar corporation and as such, is expected to exercise a modicum of responsibility when it exercises the powers those multi billions of dollars grants them.

      Under the law, Google should be held to the same standard as everyone else. But then again, I am an American and do not think there should be various classes of laws that apply to different groups of people. We should all be treated equally under the law.

      Google should be treated the same as when I war drive.

      --
      --fatboy
    139. Re:Google shouldn't worry by dhavleak · · Score: 1

      If users don't know, don't want to know, and don't want to get someone to help them, it's their own damn fault

      If they do not know (about WEP/WAP) then by definition they cannot not want to know, and they cannot not want to get someone to help them. Logic 101. They don't percieve a problem in their wildest dreams. Why will they seek out a solution, for a problem they don't know about???

      (I'd figured I wouldn't have to repeat this here, but apparently you didn't read the many other comments disagreeing with you).

      Majority opinion is not necessarily correct. Repeating yourself does not make you correct. Your argument fails a logic test.

      ...silly argument analogy...

      You guys just keep harping on about this one silly analogy (I think we should call it the Backyard Nudist analogy -- they all come to the same thing), but keep failing the logic test. I'm tired of shooting down these silly analogies, only for someone to come and try the exact same one with a fractionally differnet scenario. The burden of proof is still on you to prove that non-technical people setting up WiFi connections do not expect privacy. Prove that they do not expect privacy, and your analogy will hold. Until then, it's just a silly analogy.

    140. Re:Google shouldn't worry by dhavleak · · Score: 1

      No, it isn't okay to screw people over who *aren't* ignorant.

      Err.. what? So it is okay to screw over people who *are* ignorant? How does this tie back to your comment that "ignorance isn't Google's fault". I hope that's not what you're saying, but I don't see how else to interpret that...
      .

      You can feel free to screw yourself over with ignorance.

      These people didn't screw themselves over with their ignorance. They were screwed, by Google, because of their ignorance.
      .

      There is no evidence of malicious intent

      Oh well, I guess it's okay then. Let's ignore that Google has a practical application for all the network traffic data they get (fine-tuning their search algos). Let's ignore that their story doesn't add up (how the hell do hundreds of lines of code get into your product without you knowing about it. Who did the code-review? Who wrote the test cases? If nobody tested it, why didn't anyone get suspicious when the code-coverage numbers didn't add up? When the German govt. asked them the first time, why did they supply the wrong answer (i.e. how deep did that question reach, inside Google and the teams that worked on this). Where are these logs accumulating, and which team inside Google is silently picking up the tab for all that storage, but never asking any questions about this mysterious line-item that's eating their budget? Do they not have *any* privacy checks/compliance audits in their design/test/release processes? Bottom line: either there was malicious intent, or there was staggering incompetance. Either way, the investigation/criticism/public outcry are warranted.
      .

      and even if it was done deliberately, there is no reason to think that it was illegal to capture these broadcasts, at least in many locales.

      "no reason to think it was illegal"?? It may or may not be illegal in all locales, but it is in many. There is reason to think it's illegal in any/all locales, and there is reason to lobby for it to become illegal in locales where it isn't, and there is reason to lobby against companies that do this no matter what the local laws. The reason is simple: to protect people's privacy -- irrespective of their tech-savvyness.
      .

      Like I said, if you wanted to target someone who actually had a chance to both prevent the ignorance, and protect their customers, then the class action should be targeting Netgear, Linksys, Dlink, etc.

      ?????????

      How on god's green earth do you hold those companies culpable but not Google? I'm not saying I agree with this point -- but let's say I do. Then by your argument they are selling a product with a gaping security flaw, and Google is exploiting that gaping security flaw. But you'll take the router dudes to task, and give the attacker a free pass, as opposed to going after all of them??

    141. Re:Google shouldn't worry by dhavleak · · Score: 1

      In fact, your point about the router companies (which might even be valid) is really distasteful because of the way you excluded Google in that. It's like you're coming up with all kinds of arguments and analogies by which you can point the blame at the end-user, at the equipment maker, at anyone except Google!! You're giving them a free pass my friend. No corporate entity deserves that.

    142. Re:Google shouldn't worry by slaingod · · Score: 1

      Err.. what? So it is okay to screw over people who *are* ignorant?

      No, I didn't say that. I was just reusing your words to point out that anyone 'screwing over' anyone other than themselves isn't good. (I reserve judgment on people screwing themselves over...) Trying to 'screw over' google for this particular issue is dumb. There are plenty of other real issues to screw them over for that are legitimate, like the Buzz privacy breach.

      These people didn't screw themselves over with their ignorance. They were screwed, by Google, because of their ignorance.

      In what way were they 'screwed'? What harm befell them due to Google's reckless hatred for their wlans...The only harm the lead plaintiffs mentioned in the article are facing is the ridicule of them admitting now how stupid they are not to secure their wireless transmissions.

      Oh well, I guess it's okay then.

      Yes, as a matter of law, it is ok.

      Let's ignore that their story doesn't add up (how the hell do hundreds of lines of code get into your product without you knowing about it. Who did the code-review? Who wrote the test cases?

      You must work in some very rarified coding bubble, to have to ask these questions. Is today opposite day?

      If nobody tested it, why didn't anyone get suspicious when the code-coverage numbers didn't add up?

      Haha. Code coverage. Priceless. Yes, I am sure all internal tools not meant for public consumption always get code coverage testing...

      When the German govt. asked them the first time, why did they supply the wrong answer

      Because the right person wasn't found, or the wrong person thought they knew the answer. I actually worked at DoubleClick for 7 years (which was bought by Google a few years back after I left), on their backend reporting system. As many times as they (DCLK) were under fire for privacy things, I can tell you it was all a bunch of BS. I never had to change a single line of code to 'comply' with anything that was said to smooth the feathers of the powers that be.

      Bottom line: either there was malicious intent, or there was staggering incompetance. Either way, the investigation/criticism/public outcry are warranted.

      Again, lady doth protest too much. This was an internal tool. If you want to froth at the mouth about, I can't stop you, but I think there is a disconnect in the quality level of code you seem to expect. More power to you, but that doesn't mean Google did anything wrong here. Again, Buzz, etc. are other real examples that people should be focused on instead of this piddling crap.

      It may or may not be illegal in all locales, but it is in many.

      What is it you think is illegal? Receiving the transmission? Storing the transmission? Most of those laws are there to prevent theft of service (ie protect the ISPs not the consumers). Ie. deliberately connecting to someone's network, transmitting to it, not just passively listening to it.

      How on god's green earth do you hold those companies culpable but not Google? I'm not saying I agree with this point -- but let's say I do. Then by your argument they are selling a product with a gaping security flaw, and Google is exploiting that gaping security flaw. But you'll take the router dudes to task, and give the attacker a free pass, as opposed to going after all of them??

      Listen, if these two people filing the class action suit are anything but money grubbing because they think they will get a quick settlement and don't give a rats ass about their actual harm, I will eat my hat.

      Do I think that they(router mftrs) should be sued in class action? No. Do I think they should do a better job of teaching the consumer how to correctly use their products? Absolutely. My point was, if you were going to file some lame money grubbing lawsuit, I think you would have a better chance with them.

      --
      http://blog.slaingod.com
    143. Re:Google shouldn't worry by Anonymous Coward · · Score: 0

      it's against the law (just as leaving your wifi open is in Germany

      No where in the article does it say it's against the law to leave your wifi open in Germany. It exposes you to potential liability, but just about every thing you do does that.

    144. Re:Google shouldn't worry by Anonymous Coward · · Score: 0

      Here in the Netherlands we have a law . . . which allows anyone to receive all data broadcast through the airwaves and listen to/read it, as long as it is all unencrypted or plainly audible.

      The US has a similar law, however, it's illegal to listen in on phone calls, use information received for personal gain, and disclose information received to other persons. I'm not sure it applies to data communications.

    145. Re:Google shouldn't worry by Rophuine · · Score: 1

      ... and being able to post it in a searchable form on the internet are all very different things.

      They didn't post it! People keep saying what they did is wrong because of X, when they never did X. Sheesh.

    146. Re:Google shouldn't worry by Rophuine · · Score: 1

      THIS. It's just a shame all the people with mod points have moved on to newer articles.

    147. Re:Google shouldn't worry by Omestes · · Score: 1

      I don't see it as my responsibility to protect people for their own, entirely avoidable, ignorance. Yes, people have the right (as such) to be ignorant of their electronic tools, but this does not guarantee protection.

      The alternative is putting governmental pressure on everyone to purchase Best Buy "security services" when they purchase a router.

      No. The the alternative is doing nothing whatsoever. Even my completely computer illiterate father know that he should secure his connection, he doesn't know how to, but he knows that he should, and he knows that the resources are out there. If he does nothing, armed with this knowledge, then all problems are squarely his fault.

      Google is a multibillion dollar corporation and as such, is expected to exercise a modicum of responsibility when it exercises the powers those multi billions of dollars grants them.

      So, if I walk by your house while taking a move, and I catch a brief glimpse inside your window on film, am I doing something wrong? Should I be arrested? Should I only be arrested if I'm already rich and powerful? Should you be at fault for keeping your window open? Should the manufacture of your windows be forced to make them black to ensure the privacy of people to ignorant to use shades?

      To make this even more analogous, I accidentally film the inside of your house through the window, but never actually publicly release it.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    148. Re:Google shouldn't worry by Rophuine · · Score: 1

      And yet if I throw a letter in the trash, and a private investigator picks it up off the street after it falls out, he's done nothing wrong. I made to conscious effort to make it public. I thought it was still private. I should have realised that I needed to shred the letter first. The PI still does nothing wrong by reading the letter - I discarded it, so I wasn't controlling it effectively, so he can take it.

    149. Re:Google shouldn't worry by Rophuine · · Score: 1

      ... that should read "made NO conscious effort"

    150. Re:Google shouldn't worry by Rophuine · · Score: 1

      Last time I took my car for a service, I found out the shock absorbers were screwed. I don't know what those are, and I don't know what happens when they're screwed. Something about losing control in the wet? Never happened. I still paid to get them fixed.

    151. Re:Google shouldn't worry by Actually,+I+do+RTFA · · Score: 1

      I never claimed they posted it. Posting was necessary for my non-Google example, as the actual recording's legality is very locale dependent.

      --
      Your ad here. Ask me how!
    152. Re:Google shouldn't worry by Omestes · · Score: 1

      One is private data which they voluntarily gave Google by using their service, and the other is public data which they're giving out to the whole world.

      Except, they aren"t giving it out to anyone!

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    153. Re:Google shouldn't worry by Omestes · · Score: 1

      Last I checked the US$ was much more stable than the Euro, and we don't have a very nasty crisis on the horizon either, like, say, a significant number of member states who functionally have no economy anymore. Performance and stability wise the Dollar is a surer bet.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    154. Re:Google shouldn't worry by dhavleak · · Score: 1

      Trying to 'screw over' google for this particular issue is dumb.

      Screwing over google is a stretch. We're at the point where I'm saying "they did a bad thing" and you're saying "no, what they did was acceptable".
      .

      What harm befell them due to Google's reckless hatred for their wlans

      The same harm that befalls anyone that's had their phone tapped w/o a warrant. You're clutching at straws if you have to fall back on "what harm befell them"
      .

      The only harm the lead plaintiffs mentioned in the article are facing is the ridicule of them admitting now how stupid they are not to secure their wireless transmissions.

      Why narrow it down only to the lead plaintiffs? Why omit thousands of tech-challenged users? And why treat tech-challenged users with so much scorn? You keep ignoring their scenario again, and again, and calling them stupid etc. Unbelievable!
      .

      Because the right person wasn't found, or the wrong person thought they knew the answer.

      Ever so ready to excuse Goog's incompetance. Not ready to give an inch to tech-phobic users. Extremely unreasonable.
      .

      I actually worked at DoubleClick for 7 years .... As many times as they (DCLK) were under fire for privacy things, I can tell you it was all a bunch of BS.

      You have faith in DCLK/Goog having been an insider. Outsiders do not have that level of trust. They have no reason to have that level of trust. They cannot examine everyone who gets their hands on their private data and decide who is good and who is bad. Your attitude towards end-users is extremely distasteful, and your attitude to privacy and compliance is extremely cavalier, and if your views are in any way representative of Google's employees and then it's fair to say that Goog's apology on this matter was not sincere, they do not understand what they did wrong, they see the issue as a mere PR gaffe, and they won't make any real change in how they operate. If so, that is actually an insightful revelation to me. I welcome any comments you have on this matter (d-click & goog's general thinking on issues like this) -- I didn't realize you were this close to the matter, and I would consider that very informative.
      .

      This was an internal tool. If you want to froth at the mouth about, I can't stop you, but I think there is a disconnect in the quality level of code you seem to expect.

      It's not an internal tool when it's gathering public data and feeding it to servers. It's real production code, with an internal customer. It's not some random command line utility put together in 2 hours. Is google really that cavalier about everything they do? I find this really hard to digest. In a past life, I worked in the IT department of a large brick and mortar bookstore chain that was like well-oiled machinery compared to what you're describing.

    155. Re:Google shouldn't worry by slaingod · · Score: 1

      Screwing over google is a stretch.

      If a lame money-grab class action lawsuit and a bunch of bad PR isn't 'screwing over' I don't know what is.

      We're at the point where I'm saying "they did a bad thing" and you're saying "no, what they did was acceptable"

      I'm not saying it is acceptable. I am saying that it is understandable, and that it probably wasn't illegal. When they discovered the error they told us and indicated they would stop. Can't it just end there? Is this really a 'make an example of them' scenario?

      The same harm that befalls anyone that's had their phone tapped w/o a warrant. You're clutching at straws if you have to fall back on "what harm befell them"

      I am in fact 'clutching at' the law. Wire transmissions have a higher degree of protection than wireless transmissions. What you are suggesting is akin to saying 'People shouldn't be allowed to listen to the police band just because we say so'.

      You also seem to forget that plenty of commercial wifi services use open authentication to allow you to sign up for the service. Is it reasonable or unreasonable to not know the difference between two open wifi systems and actually check? The very nature of wifi means you are receiving other people's transmissions.

      My guess is you have some other set of axes to grind with Google, which I don't have a problem with...grind away. But this one? Just not that big a deal in the grand scheme.

      Why narrow it down only to the lead plaintiffs? Why omit thousands of tech-challenged users? And why treat tech-challenged users with so much scorn?

      I am not treating tech challenged people with scorn...I am treating frivolous lawsuit filing asshats with scorn. Maybe if the lawyers were doing it pro-bono 'because of the injustice' and the lead plaintiffs were donating their portion to charity for educating people on how to secure their wifi...Lead plaintiffs usually end up getting treated better than the rest of the class, is why I make the distinction.

      Again, Google has claimed they have not used the stored data, and have been pretty open about the collection, so we have reason to believe they are being truthful. If these people are so outraged about Google doing it, then the scary part is the people who really mean them harm.

      Ever so ready to excuse Goog's incompetance. Not ready to give an inch to tech-phobic users. Extremely unreasonable.

      I am just saying that in the real world, development has deadlines and challenges. Why aren't you saying 'Microsoft allows users data to be stolen with malware..THE HORROR THE HORROR.' Apparently it is so easy to test and debug every line of code and code review things...

      They cannot examine everyone who gets their hands on their private data and decide who is good and who is bad.

      Wanting your data to be private and it actually being private are two different things. You actually have to make an effort to have privacy in communications. I.e. You can't discuss something in a bar, and then later claim it was private. And their claims about using their credit cards is ludicrous since all sites accepting credit cards are required to use https as part of the merchant agreement. In those cases they should try suing the right person (the website that wasn't encrypting the transaction).

      Your attitude towards end-users is extremely distasteful, and your attitude to privacy and compliance is extremely cavalier

      I haven't worked at DCLK in 6 years. I am every bit as outraged at the Google Buzz privacy breach as you seem to be about this. I just can't seem to find a real reason to focus on this one which I have said over and over. Google wasn't parked outside their house for days recording every single conversation they had, then putting it some easily searchable format. They 'walked by an open window' and hea

      --
      http://blog.slaingod.com
    156. Re:Google shouldn't worry by dhavleak · · Score: 1

      Screwing over google is a stretch.

      If a lame money-grab class action lawsuit and a bunch of bad PR isn't 'screwing over' I don't know what is.

      Why do you keep needing to refer back to the 'money grab lawsuit'? You can oppose a money grab lawsuit and still condemn Google.
      .

      I am saying that it is understandable, and that it probably wasn't illegal

      It is illegal in Germany and UK - and potentially in the US (people are still analysing that). And again -- you're saying it's "understandable" that Google should want to violate people's privacy? Why, do you give them so much slack, and no slack for the tech-phobic users?
      .

      I am in fact 'clutching at' the law

      Show me the part of the wiretapping act that says that harm has to befall a person for wiretapping to be illegal.
      .

      What you are suggesting is akin to saying 'People shouldn't be allowed to listen to the police band just because we say so'.

      No -- you keep trotting out analogies, and they keep failing the logic test. The analogy will only hold when you demonstrate that a novice user with open wifi does not expect privacy.
      .

      Is it reasonable or unreasonable to not know the difference between two open wifi systems and actually check?

      It is unreasonable to not err on the side of caution. i.e. the decision should be "hmm.. we have no way of distinguishing between private open WiFi and public open WiFi -- so we cannot turn on this feature". Even for public WiFi they should not get anyone else's data. They are welcome to use the hotspot. They are not welcome to monitor your data.
      .

      The very nature of wifi means you are receiving other people's transmissions

      Same case with Ethernet in the same collision domain. Is it okay for you to snoop someone else's data in that scenario? Talk sense man!
      .

      I am not treating tech challenged people with scorn

      Every time I mention tech-challenged users, your response starts with "if they are too stupid..."
      .

      Again, Google has claimed they have not used the stored data

      They first claimed they weren't gathering the data at all. Their claims are not worth much.
      .

      and have been pretty open about the collection

      Really? First they denied it. Then they backtracked and offered a lame excuse.
      .

      If these people are so outraged about Google doing it, then the scary part is the people who really mean them harm

      What? So you're saying Google is to be conferred some status as benevolent do-gooder who we can blindly trust?
      .

      Why aren't you saying 'Microsoft allows users data to be stolen with malware..

      I read TFA. It didn't seem to be about MS. Classic strawman.
      .

      Apparently it is so easy to test and debug every line of code and code review things...

      It's freaking hard to design/develop/test/debug/deploy stuff, and maintain it (and maintain the data it generates). Freaking hard. That's why features don't 'accidentally' end up in products. It takes work to get them there.
      .

      Wanting your data to be private and it actually being private are two different things. You actually have to make an effort to have privacy in communications.

      Yet again, you fail to allow for people who don't know what they have to do to make their data private. And by doing so, yet again, you attempt to give goog a free pass to take advantage of people's ignorance.
      .

      discuss in bar.. credit card transaction.. walked by open window..

      When are you going to tire of invalid analogies?
      .

      it isn't like Google is in some special class of cavalier

      The thread is about this issue, so this is the issue I'm discussing. No special treatment.

    157. Re:Google shouldn't worry by slaingod · · Score: 1

      Why do you keep needing to refer back to the 'money grab lawsuit'?

      Because that is what the OP is about: "Google's Streetview Privacy Snafu Prompts Lawsuit"

      It is illegal in Germany and UK - and potentially in the US (people are still analysing that).

      We will know if Google's actions were illegal when they are convicted of something.

      And again -- you're saying it's "understandable" that Google should want to violate people's privacy?

      You are the one claiming they 'wanted' to 'violate' people's 'privacy' in this case. I am not saying that is 'understandable', you are just taking everything as a paranoid attack. I said that making the kind of mistake that Google did, by reusing code that had unintended (by their statements) consequences is understandable and plausible, and that a good faith effort to remedy the problem should be taken as such.

      Why, do you give them so much slack, and no slack for the tech-phobic users?

      Again, you can try and twist things all you want, but I don't give frivolous lawsuit happy people slack, not 'tech-phobic' users.

      Show me the part of the wiretapping act that says that harm has to befall a person for wiretapping to be illegal.

      You must be trying to intentionally misread what I am saying I guess. I said that there is a difference between wired and wireless communications in the law.

      The analogy will only hold when you demonstrate that a novice user with open wifi does not expect privacy.

      I would expect that the first police that realized that their communications could be overheard would be considered 'novices', and they probably 'expected' privacy. I don't need to demonstrate that a novice user with open wifi expects privacy, I just have to prove that there are reasonable expectation of the lack of privacy by the 'violator', such as the availability of Open commercial Wifi access points and the inability to distinguish between them.

      It is unreasonable to not err on the side of caution.

      Just as long as they are allowed to 'err' at all, by accidentally including code that has unintended consequences, and then be allowed to fix it.

      Same case with Ethernet in the same collision domain. Is it okay for you to snoop someone else's data in that scenario? Talk sense man!

      'Okay' and 'legal' are two separate discussions.

      Every time I mention tech-challenged users, your response starts with "if they are too stupid..."

      Yes, and you haven't used hyperbole AT ALL either in this discussion, lol. Goose, meet gander.

      They first claimed they weren't gathering the data at all. Their claims are not worth much.

      Fine, they were wrong before. I happen to have a little optimism left that they are being as truthful as they can be in this scenario, and that their inaccurate statement before was an honest mistake. You can choose not to.

      Really? First they denied it. Then they backtracked and offered a lame excuse.

      It may be lame, but most excuses are. "Why didn't you take out the trash?" "I was watching TV."

      What? So you're saying Google is to be conferred some status as benevolent do-gooder who we can blindly trust?

      Yes, that is exactly what I am saying. Google was sent here by God to do His work and you shall bow down before them, heathen.

      I read TFA. It didn't seem to be about MS. Classic strawman.

      Haha, you are hilarious. Kettle, pot, meet black. Anyway, your blanket statements about how Google's development practices are incompetent, etc., and how code reviews and code coverage would have somehow caught every possible issue with the code, is precisely what I was saying were unreasonable, and provid

      --
      http://blog.slaingod.com
    158. Re:Google shouldn't worry by khchung · · Score: 1

      There is also a big difference between doing something a few times in discrete cases, or doing it wholesale automatically.

      Most people won't object to individual police seeing their license plate on the street, but many will object to city-wide automatic cameras identifying and recording license plates into a big database.

      Some people (but not me) won't be much bothered by someone possibly recording their conversations as you have done, but most will object to companies wholesale recording all phone conversations to/from their phones. Similarly, most people would find it offensive if you told them you also kept a voice recorder on, so anything they told you would be recorded, all the time.

      Most people won't be bothered if Google recorded a few wifi packets near their office, but many will find it an invasion of privacy for Google to run a car around the city and wholesale recording wifi packets they received.

      That is exactly what the EU privacy laws is intended to prevent, and Google did exactly broke that law. Saying that people should encrypt their wifi is just blaming the victim, no different that saying that girls caught in upskirt cameras should have worn pants if they don't want people peeking under.

      --
      Oliver.
    159. Re:Google shouldn't worry by yyxx · · Score: 1

      Average Joe user may have absolutely no clue his WAP is broadcasting in the clear,

      And who cares? The fact that Google recorded his packets doesn't harm Joe or your 80 year old grandmother.

      nor should he be required to have that technical talent,

      He isn't required to. If he doesn't know any better than to broadcast in the clear, Google picks up his packets. BFD.

      anymore than we should all be expected to be car mechanics

      If you operate a motor vehicle, you're actually required to keep it in safe condition. If you can't do that either yourself or by hiring someone, you shouldn't be driving that vehicle.

      Likewise, Joe and your grandmother always have the option of not using technology they don't understand sufficiently well to ensure that they and others aren't harmed by it.

      The alternative is putting governmental pressure on everyone to purchase Best Buy "security services" when they purchase a router.

      Why would that be needed? If Joe runs an open access point, that's his business. If he comes to harm from it, that's his business too. And if people use his access point for copyright infringement, he may be liable. None of that has anything to do with whether Google receives some of his packets.

      The alternative is to do nothing. If you don't understand some piece of technology, either don't buy it or hire someone who can help you. It's not the government's responsibility if you're a moron.

    160. Re:Google shouldn't worry by yyxx · · Score: 1

      And unarmed people walking through alleys at night are vulnerable to all sorts of things as well; it doesn't mean we don't prosecute those who do those things.

      We prosecute those things because they cause harm. But criminalizing the act of merely recording the data doesn't make sense; it doesn't provide any protection, it just turns us into a police state.

      Google did something completely normal and standard in network scanning: they recorded the payload of the packets. They didn't publish it, they didn't misuse the data, and hence they shouldn't be guilt of anything.

      You may see your neighbor changing through her curtains, but if you post that video to the internet, that's not legal (at least, not where I am).

      If your neighbor exposes her breasts or genitals in a way that's visible from the street, she is guilty of indecent exposure, a sex offense.

      And, likewise, in many places (including Germany), unencrypted WiFi broadcasts are often against the law, depending on the circumstances.

    161. Re:Google shouldn't worry by yyxx · · Score: 1

      but that doesn't mean when someone steals your car the police shouldn't go after the thief.

      No, but if someone accidentally opens your car door and then walks away, they haven't committed a crime either.

      Except for recording the packets, Google clearly done nothing else with the data.

    162. Re:Google shouldn't worry by Magikomik · · Score: 1

      Of course there are ways to turn off broadcasting, but as a matter of fact, it does not matter if you broadcast or not. What matters for the law is if the personal information was collected and if such collection was against the law. As simple as that. In many countries, personal information is your name, your address and phone number. By giving consent to White Pages to categorize your name, address and phone number in their database, the consent was not given to other companies to freely copy such personal information. And name, address and phone number are also similar to broadcasting SSID, but nevertheless it is personal information. It is one very different situation when you see someone, or read someone's personal information in opposite to collecting and making a database of personal information. If you see a naked woman on the balcony, this is very much different situation than Google showing the naked woman on Street View. She did not give consent for that. You shall not be ignorant to other people's privacy.

    163. Re:Google shouldn't worry by Magikomik · · Score: 1

      Analyzing traffic and keeping up your security is very much different than collecting personal information into a database, especially for commercial purposes or by a commercial company. Now, when you mention MasterCard, let me give you an example. Your MasterCard number is personal information. The card might not belong to you, it might legally belong to the bank, but the number is still your personal information. You have rights to privacy. Now, when paying with MasterCard on POS machines, each time you slip the card through the POS, the machines takes some money out of your bank account. OK, now imagine all those POS machines collecting your MasterCard number and claiming you have given the card to them to slip it through the POS machine, so it is given, and they can collect it and do what they want with the information.

    164. Re:Google shouldn't worry by dhavleak · · Score: 1

      You are the one claiming they 'wanted' to 'violate' people's 'privacy' in this case.

      No - I'm merely saying they did snoop people's data (which they did), and that they should not be doing that.
      .

      You must be trying to intentionally misread what I am saying I guess

      No - you said "show me what harm befell them", and I'm telling you that harm isn't necessary to condemn this action.
      .

      Fine, they were wrong before. I happen to have a little optimism left that they are being as truthful as they can be in this scenario

      The only thing thay they have admitted to so far, is the only thing that can be verified externally. I haven't suggested any conspiracy/cover-up etc. -- but I have no reason to trust them in privacy matters anymore.
      .

      Yes, and you haven't used hyperbole AT ALL either in this discussion, lol. Goose, meet gander....It may be lame, but most excuses are. "Why didn't you take out the trash?" "I was watching TV."....Yes, that is exactly what I am saying. Google was sent here by God to do His work and you shall bow down before them, heathen.....Haha, you are hilarious. Kettle, pot, meet black"

      No point in continuing this conversation.
      .

      Your .Net crash dump example

      1) Data in a crash dump isn't a feature.
      2) It's orthogonal to the current case -- the users has to take an action to submit a crash dump
      3) If there's something wrong there, condemn that too. Don't use it to let other offenders off the hook.

    165. Re:Google shouldn't worry by slaingod · · Score: 1

      No - I'm merely saying they did snoop people's data (which they did), and that they should not be doing that.

      I was just quoting you: 'you're saying it's "understandable" that Google should want to violate people's privacy?'

      No - you said "show me what harm befell them", and I'm telling you that harm isn't necessary to condemn this action.

      So my question is: What do you think should happen to Google? What is the outcome that you think is just? Are you tilting at windmills or do you actually have something in mind besides outrage?

      Should executives go to jail? Should an independent commission be established by the UN to investigate? Should Google pay every man woman and child in 28 countries that might have been 'violated', some amount of money? Does Google need to cease to exist because of this? Is bad PR enough? Be broken up into separate companies? How about a donation/creation to/of a Wifi Education charity?

      Your .Net crash dump example

      1) Data in a crash dump isn't a feature.

      2) It's orthogonal to the current case -- the users has to take an action to submit a crash dump

      3) If there's something wrong there, condemn that too. Don't use it to let other offenders off the hook.

      1) It is to a developer, since the data may be what caused the crash.

      2) The user had to set up an open wifi in this case. Open wifi is used for many things that are legal and don't 'take advantage of the ignorant'. Logging the packets was bad karma, sure, and certainly in retrospect bad for business.

      3) Fine condemn it. Condemning doesn't mean 'file a frivolous or gold-digging lawsuit because my privacies were bruised'.

      I'm not saying it is a perfect analogy, I am just trying to understand why it is so important to you that Google should suffer any more than they have (PR wise) for this particular instance, or what you think a remedy would look like.

      --
      http://blog.slaingod.com
    166. Re:Google shouldn't worry by DDLKermit007 · · Score: 1

      Then if you wanna nit-pick, lets say that 80yr old woman never bothered to put up curtains in her house before the streetview car drove by. The out of context frames of data, and the possible out of context frames of photos the car captured of her possibly naked were both just as useful, we'd all want to look at both equally (ew!) and just as much her fault. I was purely responding to the GP's post.

      And anyone who moans that companies should have shipped the routers in a locked config, I agree with this. Which is then the company who MADE the hardware people paid for that should be gone after legally, not Google or some kid wardriving. However an industry with more companies making hardware I can easily put a number to than one singular company trying to provide others with a good service. Which also brings a funny idea given my more in tune example. Should home builder's be sued because they don't cover your window's before you move in? Who knows what people may see! Of course not, we all admit it's your own fault if you don't make your home private. Wireless networks are part of your home. Cover you windows, and lock your doors, or face the consequences.

    167. Re:Google shouldn't worry by dhavleak · · Score: 1

      What is the outcome that you think is just? Should executives go to jail? Should an independent commission be established by the UN to investigate? Should Google pay every man woman and child in 28 countries that might have been 'violated', some amount of money? Does Google need to cease to exist because of this? Is bad PR enough? Be broken up into separate companies? How about a donation/creation to/of a Wifi Education charity?

      I don't care too much -- the courts will decide. Hopefully the decision will stay with the courts because entities such as the DOJ tend to get too political in their processes. I'm merely saying this:
      1. Google should not have done this
      2. Google should have more respect for privacy
      3. People defending Google's actions here have no case.

      I'm not interested in lobbying for remedial action etc. I just see a ton of people defending a dumb (potentially deliberate - claimed to be accidental) action, with all kinds of dumb logic and dumb analogies - and it irks me, so I commented.

    168. Re:Google shouldn't worry by slaingod · · Score: 1

      And I think you thinking the crash dump analogy is dumb, just means you are a little close minded about this. You've made up your mind that Google is evil and needs to be punished.

      The crash dump example is exactly analogous. The were LOGGING the data. A highly plausible reason they were logging the data is because if the program crashed (or a subsequent program in the data processing chain that processed the output of the app that logged the data) they would want to have the logged data to replay or recover their efforts. If the dataset got corrupted, the cost of reproducing the dataset (having the special vehicles re-drive the route) is so high that, as a matter of Cover Your Ass, any decent programmer would have logged that data in a way that allowed the dataset to be regenerated.

      Over-competence, as opposed to incompetence at least from a programmers perspective, is a more likely rational in my opinion. I think it is also possible that they data collection methods were developed in the US (where everything they did is probably legal, we shall see) and then deployed internationally and this might have been missed (review: creates debug log, move on...) without realizing that it was potentially more of an issue there.

      Again, given the amount of PR, there is no way that Google has 'gotten a pass'. They have already been punished in the 'court of opinion'. The question becomes, what else.

      If my rational makes no sense whatsoever to you, in answer to '3) people...have no case' then I certainly hope you are never on a jury with serious consequences.

      --
      http://blog.slaingod.com
    169. Re:Google shouldn't worry by dhavleak · · Score: 1

      You've made up your mind that Google is evil and needs to be punished

      Your words -- not mine. My world isn't that black and white. Read everything I said -- there's not one word about punishment, and not one word about evil. I'm not saying there shouldn't be any punishment -- I'm just not addressing the issue, because I don't care quite that much about it.
      .

      The crash dump example is exactly analogous. The were LOGGING the data.

      Not logging -- dumping the contents of memory. And did you not read the part where I said, if there's a problem there, then go after them as well?
      .

      Again, given the amount of PR, there is no way that Google has 'gotten a pass'

      From you they have. You are contesting the fact that they did anything wrong at all. Therefore, by your logic, they should not have apologized (they did), had no reason to stop (they did), and do not even deserve the bad PR!

    170. Re:Google shouldn't worry by slaingod · · Score: 1

      Your words -- not mine. My world isn't that black and white.

      Yes, my words, my opinion based on the apparent contrarian nature of this discourse.

      Not logging -- dumping the contents of memory. And did you not read the part where I said, if there's a problem there, then go after them as well?

      That's how analogies work. You take some specific scenario, make some generalization and apply it to another scenario with similar features. The semantic equality between logging and 'dumping memory' is pretty straightforward IN MY OPINION. You will probably disagree.

      From you they have. You are contesting the fact that they did anything wrong at all.

      No I am contesting whether they did anything ILLEGAL and actionable, and I am contesting your analysis that only intentional 'malice' or incompetence (in the sense of gross negligence, as opposed to) leads to an accidental capture of the data, as opposed to just standard programming practice of logging all inputs, in particular when 3rd party/team code is reused for a particular subset of its features and you don't realize the logging is taking place.

      Therefore, by your logic, they should not have apologized (they did), had no reason to stop (they did), and do not even deserve the bad PR!

      You have a strange sense of logic to be able to extrapolate to that. Businesses do plenty of things intentionally and inadvertently that do not rise to the level of illegality that are then apologized for. Examples of things companies do that are not popular (OUTRAGEOUS!) that might lead to some sort of apology/acknowledgment/promise to avoid doing in the future: Comcast throttling services selectively, Apple banning 3rd party toolkit based apps, spilling oil into a body of water by accident when drilling, recording everything employees do on their computers and phone conversations, listening to or viewing communications when employees use employer supplied phones,.... etc etc etc.

      And bad PR isn't just a hot air with no financial impact, it affects the company financially by lowering their 'Goodwill' the accounting term used to describe their perception in the marketing place, which has actual value. Goodwill is more elastic though, and ongoing/continued good behavior and honesty tend to make it rebound over time.

      --
      http://blog.slaingod.com
    171. Re:Google shouldn't worry by dhavleak · · Score: 1

      based on the apparent contrarian nature

      Which is?
      .

      The semantic equality between logging and 'dumping memory' is pretty straightforward IN MY OPINION.

      You're content to argue semantics to convince yourself that you have a point?
      .

      From you they have. You are contesting the fact that they did anything wrong at all.

      No I am contesting whether they did anything ILLEGAL and actionable

      You admit what they did was wrong then?
      .

      I am contesting your analysis that only intentional 'malice' or incompetence (in the sense of gross negligence, as opposed to) leads to an accidental capture of the data

      So it's an accident, but it's not incompetence? How does that work? (cue lame analogy of accidents that could not be avoided irrespective of competence levels).
      .

      And bad PR isn't just a hot air with no financial impact, it affects the company financially by lowering their 'Goodwill'

      When you abuse people's goodwill, you lose goodwill. Only the sheep will remain faithful.

    172. Re:Google shouldn't worry by slaingod · · Score: 1

      Which is?

      Exactly.

      You're content to argue semantics to convince yourself that you have a point?

      Yes I am content to argue that 'is' means 'is', to rebut your failed attempts to show that my analogies are wrong. That's apparently what this conversation has devolved to.

      You admit what they did was wrong then?

      I have already indicated that it was bad karma and probably not good for business and PR. I think it would have been wrong for them to use the data for anything intentionally. We could of course argue the definition of wrong...

      So it's an accident, but it's not incompetence? How does that work?

      Correct. Asked and answered, but I will try again. It is plausible 'standard best practices' development techniques were applied in the development of the original code, which had the purpose or, as a developmental aid, effect of logging the packet data present on the network adapter when scanning for Wifi Access Points. (It is likely these were not Google developers at all at this stage, as they were likely using OSS tools like airodump-ng.) It is plausible that subsequent developer, either did not realize that the 3rd party code had this logging effect, or as a developer did not realize that logging the data in this particular scenario would be a privacy issue, since they were probably NAL, and developers as a rule try and avoid involving lawyers in their day to day work.

      By your definition, any bug or inadvertent behavior in any application ever is due to incompetence. Then fine, I will admit that Google is 'incompetent' by that definition, since it would encompass 'the entire human race'. It would be interesting to see how that logic would apply to something like neural network/chaotic systems programming...wait, no it wouldn't.

      When you abuse people's goodwill, you lose goodwill.

      So you agree then...

      --
      http://blog.slaingod.com
    173. Re:Google shouldn't worry by slaingod · · Score: 1

      Yea I saw that this morning and had already replied on that post.

      More bad PR, fine. I think it is a lack of imagination to think that it took some exceptional set of circumstances for this to happen inadvertently or without malice/nefarious intent, or that any promise not to do it again will be non-absolute.

      It is also possible they intended to do this all along and record all of our unencrypted data for marketing purposes. I am the optimist.

      --
      http://blog.slaingod.com
  3. What's the big deal by microbee · · Score: 2, Funny

    So they collected some data, and then admitted it was unintentional. Then the privacy groups scream like an orgasm?

    How is it compared to, say, Microsoft "unintentionally" sent data by WGA?

    1. Re:What's the big deal by girlintraining · · Score: 0, Offtopic

      Then the privacy groups scream like an orgasm?

      I'm trying really hard to make this analogy work, but it makes my brain hurt each time I try. And other things.

      --
      #fuckbeta #iamslashdot #dicemustdie
    2. Re:What's the big deal by ObsessiveMathsFreak · · Score: 1

      Then the privacy groups scream like an orgasm?

      Perhaps you meant "scream like someone having an orgasm". Or perhaps, more fitting in the context of this story, "scream like someone who an orgasm is being had at the expense of"?

      --
      May the Maths Be with you!
    3. Re:What's the big deal by Anonymous Coward · · Score: 1, Funny

      Then the privacy groups scream like an orgasm?

      Perhaps you meant "scream like someone having an orgasm". Or perhaps, more fitting in the context of this story, "scream like someone who an orgasm is being had at the expense of"?

      Quite possibly, but I suspect that if the police were to knock on some Google exec's door, they'd prefer it they came quietly. :-p

    4. Re:What's the big deal by ducomputergeek · · Score: 1

      The big deal is lawyers see a chance to make money. Soon we'll be seeing TV infomercials that say "Was your wifi scanned by Google? If you believe so, you may be entitled to compensation. Please call the law offices of>!"

      --
      "The problem with socialism is eventually you run out of other people's money" - Thatcher.
    5. Re:What's the big deal by Hurricane78 · · Score: 1

      I think they are thinking that it wasn’t actually intentional. And I can’t blame them for it.

      Me, while I don’t really trust any company at all, I still think that this was actually really unintentional. And the rule for unintended actions, even murder, in my system of values, is not to punish that someone. (You would have to prove that it was intentional.)
      I know some (in my opinion real douchbags) disagree with this, and would punish someone, no matter if it was intentional. But I don’t.

      (Ok, and actually I also only know one kind of punishment: Separation. This means that those two parties won’t have any contact anymore on everything where their views are not compatible. In the long run this is much better for everyone involved.)

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
  4. Exploitative Assholes by OrwellianLurker · · Score: 3, Insightful

    Google collected information that could be used to identify users, including "the user's unique or chosen Wi-Fi network name , the unique number given to the user's hardware...[and] data consisting of all or part of any documents, e-mails, video, audio, and VoIP information being sent over the network by the user," the suit stated.

    That should read:

    Google collected information that could be used to identify users, including "the user's unique or chosen Wi-Fi network name , the unique number given to the user's hardware...[and] data consisting of all or part of any documents, e-mails, video, audio, and VoIP information being broadcasted publicly by the user," the suit stated.

    --
    'Political power grows out of the barrel of a gun.' - Mao Tse-tung
    1. Re:Exploitative Assholes by Anonymous Coward · · Score: 0

      If I hide in a tree outside your home and film you naked, is that ok too because you chose to broadcast the visible light from your home publicly by not shutting the blinds?

    2. Re:Exploitative Assholes by QuantumG · · Score: 2, Informative

      I hate to tell you this, but in many jurisdictions it is perfectly acceptable to peer in windows without curtains.

      Hopefully this will go to court and Google will establish a good precedent.

      --
      How we know is more important than what we know.
    3. Re:Exploitative Assholes by palegray.net · · Score: 1

      Unfortunately, a ton of folks are probably going to reply to your analogy with the usual "you can't walk in my front door just because I left it unlocked" crap. To all who are even thinking about going there, if your front door is flying through the air and I happen to photograph it on the way past, too freakin' bad. Hope you didn't have anything important painted all over it, and welcome to the World of Encrypt Everything.

    4. Re:Exploitative Assholes by Rophuine · · Score: 2, Interesting

      This is crap. You're obscuring the issue completely. Try this analogy instead:

      If you were standing naked on your front lawn with no fence or anything, and I'm walking down the road taking a video, is that ok? And of course, it's you're fault for standing out naked where everyone can see you. Google didn't have to peer in from the top of your tree: You were broadcasting this stuff to everyone anyway.

    5. Re:Exploitative Assholes by Anonymous Coward · · Score: 0

      What if you don't even know the window exists?

      You do understand that users may misconfigure their home networks or otherwise may not even be aware that they have an open wifi (e.g. my grandparents, your grandparents, one or two computer newbies). I guess that by the standards of slashdot and google, it means that they don't deserve privacy. God forbid, a user that doesn't know how to configure a properly secured wifi network?

      not to mention the difference between someone doing this once or twice manually, then sending fleets of cars doing that and then allowing correlation with locations and street pictures.

      I do agree about establishing a good precedent - I hope google get bitten so bad that no other company will dream of egregiously violating privacy and state laws for the next decades.

    6. Re:Exploitative Assholes by Shikaku · · Score: 2, Insightful

      That analogy is incorrect. The door doesn't exist. It's just a gaping hole in the wall of your house.

    7. Re:Exploitative Assholes by Shikaku · · Score: 1

      God forbid, a user that doesn't know how to configure a properly secured wifi network?

      It should be up to the ISP to secure it. If your water utility springs a leak the water utility sends someone to fix it.

    8. Re:Exploitative Assholes by Anonymous Coward · · Score: 0

      NO... fuck that. you buy it, its YOUR responsibility. people need to manage their own shit. if the ISP owns the wi-fi then i can see where you're coming from, but aside from that, no.

    9. Re:Exploitative Assholes by Rophuine · · Score: 1

      If you don't even know the window exists, you stand in front of it naked, and people walking down the street see in, it's not the fault of the people in the street.

    10. Re:Exploitative Assholes by MrLint · · Score: 2, Funny

      is 'Linksys' unique or chosen? I can't decide.

    11. Re:Exploitative Assholes by Anonymous Coward · · Score: 0

      That's not a bad idea to have ISPs secure that. A whole lot of ISPs don't do that, don't offer that service or simply sell a box for you to plug (likely out of the same mentality of putting that burden on the user). that is why your analogy to water utility is flawed.

      If the ISP didn't secure it or did a bad job securing it, or if the user installed it by himself and misconfigured it - does this mean these users are not entitled to privacy?

      the saddest realization here is that posters here are people who are likely to be designing consumer electronics or future websites. They are giving users a hell of a lot of rope to hang themselves with and then complain when we live in a world where privacy is rapidly losing its value. I consider myself a well-capable geek, but i don't really want to be in an encryption arms race or browsing plugin arms race with noscript, noflash, noads plugins. The standard should be privacy for all, not just those with the big guns.

      Hopefully when google gets bitten it will be a sad lesson for many geeks (and other fanbois) and a strong win for privacy.

    12. Re:Exploitative Assholes by palegray.net · · Score: 1

      I'll settle for that correction :).

    13. Re:Exploitative Assholes by palegray.net · · Score: 2, Insightful

      I do not care about people "misconfiguring" their home networks. I'm going to make an awful car analogy: if I do not perform properly educate myself on the operation of a motor vehicle and perform the minimum routine maintenance on it, I can't bitch when something goes wrong. By the way, people deserve the rights they can defend; that's a founding principle and a basic manifestation of natural selection.

      Let's try a different analogy: if you build your house out of glass, you can't blame folks for looking in. The fact that someone might not find this "obvious" just because it involves a home router bought at BestBuy does not absolve that person of responsibility for the equipment's prudent use. We do not live in a nanny state (at least not quite yet, not to the degree that some folks in Congress would like [at least for those USAians reading this post]), and I strongly object to most attempts to push things in that direction.

      The bottom line is simple. For years and years and years mainstream consumer network equipment has offered point and click wizards for enabling even the most basic of security measures. If people cannot be bothered to at least try to learn about a device they have bought and installed at their home, or consult someone with a 6th grade education to do it for them, I honestly don't have a lot of sympathy for their plight.

    14. Re:Exploitative Assholes by Rophuine · · Score: 1

      "Gaping hole in the wall" would be WEP, which Google was nice enough to respect as 'encryption' and not peek. Having an open WAP is like having neither door nor walls.

    15. Re:Exploitative Assholes by Rophuine · · Score: 1

      My ISP shipped me a WAP with WPA2 turned on by default. If I do a hardware reset, it resets it to the settings my ISP shipped it with. The WPA2 key is printed on a label on the bottom of the device. This is how it should work, and the fact that it IS working this way is proof that any ISP which ISN'T doing it this way is playing fast and loose with the privacy of their less tech-savvy customers. I completely agree with the post further up the thread that it's the ISP's responsibility to be fixing this for their users, by and large.

      Users who don't have encryption turned on still deserve privacy, but you know what? It isn't Google's fault that they don't have it. Google hasn't taken away their privacy. They never had it in the first place. Anyone on the street can see their traffic with basic download-it-off-the-web half-the-kids-on-the-block-can-use-it software. Their ISP has failed to protect their privacy, or the guy they bought the WAP from failed to tell them that they were surrendering their privacy if they didn't set it up right.

    16. Re:Exploitative Assholes by Rophuine · · Score: 2, Informative

      No, fuck that. I am NOT going to learn how to change the brake pads on my car. I pay someone to do it. If I want to do it myself, that's fine. If I want to have a mechanic do it, that's also fine. But if I fail to do it and run over and kill somebody, I am at fault. When I bought my car off the second-hand dealer he never told me about changing the brake pads, and it didn't come with a manual. It is STILL MY FAULT.

      Of course I'm agreeing with your point. I just wanted to point out that you don't need to learn a THING about your networking gear. You CAN be an 80-year-old grandmother and get this right: pay someone to do it for you.

    17. Re:Exploitative Assholes by Shikaku · · Score: 1

      Like you manage your car when you need to rotate the tires and get the oil changed correct? Because they are so easy to do and maintain, you should just do it yourself and not waste money with that hiring a mechanic.

      A car analogy explains perfectly what's wrong with your outburst. You need to start managing your anger first and foremost.

      Also thanks for putting words in my mouth saying the ISP owns the WiFi, they can't. The water utility doesn't own the water coming out of your faucet either.

      Some people are not going to manage anything, and you can't change that, and they'll always try to take responsibility away from themselves, no matter how drastic you make the punishment for ignoring it. So offer it and make it option and explain what can happen if you do not do it yourself or accept their help.

    18. Re:Exploitative Assholes by fluffy99 · · Score: 1

      God forbid, a user that doesn't know how to configure a properly secured wifi network?

      It should be up to the ISP to secure it. If your water utility springs a leak the water utility sends someone to fix it.

      Not if the leak is on your side of the water meter. Or are you saying its the water companies fault when you leave the hose on and people stop by and have a drink.

    19. Re:Exploitative Assholes by Antisyzygy · · Score: 1

      ... and then if the person who installs security measures on your router does it wrong, they are at fault.

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
    20. Re:Exploitative Assholes by OrwellianLurker · · Score: 1

      If the tree is on my property then no, it isn't okay. If it is on public property but you are continuously spying on me it might be criminal harassment or stalking. Either way, I wouldn't really be overly concerned and I certainty wouldn't respond with a lawsuit or demand criminal charges be brought up against you.

      --
      'Political power grows out of the barrel of a gun.' - Mao Tse-tung
    21. Re:Exploitative Assholes by vigmeister · · Score: 1

      Perhaps the solution would be to update the standards to require encryption by default. The keys should be generated automatically by the device and the exchange of keys could involve some sort of physical contact necessary for the setup (like pushing a button on your router when told to),

      Of course, this would only be the default (for grandma). You can use your 1337 skillz to pick any of the other broadcasting and encryption options available today, but that will then be voluntary.

      In a way, it is like building homes without windows and those who really want one can make one - which ensures everyone with a window knows they have one.

      --
      Atheist: Buddhist in a Prius
    22. Re:Exploitative Assholes by Anonymous Coward · · Score: 0

      Way to miss the point of the analogy and argue with the semantics instead.

    23. Re:Exploitative Assholes by Rophuine · · Score: 1

      Also thanks for putting words in my mouth saying the ISP owns the WiFi, they can't. The water utility doesn't own the water coming out of your faucet either.

      I think he meant "owns the AP". My ISP owns the AP I use, and it was a PITA getting in to set the network up how I wanted. It came pre-configured with an SSID and WPA2 key. I technically broke the ToS by changing the settings on it, but if I do a hardware reset using the little button on the back it puts it back to the settings the ISP sent it out with, so I can put it back if they ever send someone out to change something.

    24. Re:Exploitative Assholes by Rophuine · · Score: 1

      Way to miss the point of the analogy and argue with the semantics instead.

      It seemed to me that he was arguing the point of the analogy. If your tap is leaking, the water utility doesn't care: they just charge you for excess usage. It's up to you to call a plumber. I think he was saying that not using encryption is more like having a leaky tap than having a damaged water meter.

    25. Re:Exploitative Assholes by Rophuine · · Score: 1

      ... yes. But if I don't hire anyone in the first place, it's my fault.

    26. Re:Exploitative Assholes by weicco · · Score: 1

      I hate to tell you this, but in many jurisdictions it is perfectly acceptable to peer in windows without curtains.

      In Finland it certainly is not! Our criminal law section 24 subsection 6 explicitly prohibits this. Here's my translation:

      He who without permission views or photographs
      1) in a place protected by domestic peace, in a toilet or any other corresponding place
      2) in a non-public building or apartment, or a person in a fenced yard thus breaking his privacy
      is to be condemned to fines or imprisonment maximum 1 year.

      And in fact, subsection 7 prohibits even manufacturing a device for this purpose. And take notice that this prohibits, for example, photographing my bedroom even when I'm not home.

      --
      You don't know what you don't know.
    27. Re:Exploitative Assholes by Rophuine · · Score: 1

      Decent ISPs do this already. My AP (sent out when I connected to my ISP) came with WPA2 turned on, and the key printed on the bottom of the router. We're still waiting for the hardware manufacturers to ship them this way, though. Maybe the people whose data was collected should be suing their WAP manufacturer instead? That might actually accomplish something.

    28. Re:Exploitative Assholes by QuantumG · · Score: 1

      I have no idea what Finnish law defines "privacy" or "non-public" as but most every case I've heard on the matter has defined any place that is visible from a public street as being public. Otherwise, ya know, people would be breaking the law just by accidentally taking pictures from the street.

      And it's not too much to ask is it? If you want privacy, close the curtains. One might say it's so simple and natural that it's a natural law.

      --
      How we know is more important than what we know.
    29. Re:Exploitative Assholes by weicco · · Score: 1

      I have no idea what Finnish law defines "privacy" or "non-public" as but most every case I've heard on the matter has defined any place that is visible from a public street as being public. Otherwise, ya know, people would be breaking the law just by accidentally taking pictures from the street.

      Oh, sorry. I try to elaborate a bit. I ain't a lawyer but I've researched these things a bit and this is how I understand them.

      In Finland domestic privacy is a pretty strong thing. Basically interior of apartment or a house is protected by it plus (possible) backyard. Now you don't break the law if you accidentally glance at someone's house and see the couple there performing reproductive actions, but you do break the law if you wont immediately stop looking at them. So the intention of your act and the actions you made to correct yourself is what matters.

      Photographing on the other hand is a big no-no. It is not accidental. It is an intentional act. To prevent accidentally filming your neighbours "in the act" it is prohibited to photograph for instance bedroom windows. So you could end up breaking the law if you take pictures of someone's house from the street. The law clearly says that you must not do this. And this is why Google could get in trouble here, allthought I think all they get is a little paternal slap in the wrists and be told "not to do it again".

      Now of course if you take your photograph from kilometer distance you've done nothing wrong since no-one is able to distinguish anything from the picture. Courts can use their discretion in these things.

      Non-public in this case means any place which is not open for the public. It could mean privately owned house or a warehouse but it doesn't mean like library when it's open for public. Privacy is unfotunately something we are in threat of loosing to the government :(

      But, heh, this is fun. When I wrote this comment and thought about what could be considered as breaking domestic peace I realized that I personally have very strong mental inhibitions about breaking domestic peace or peek people. For instance it is not allowed to walk to someone's house which is not locked, but in the country-side it is a common practice to walk right in and yell "howdy" at the door, if you know the people in the house. I just could not do that without feeling guilty :)

      --
      You don't know what you don't know.
    30. Re:Exploitative Assholes by QuantumG · · Score: 1

      Wow, a law the obligates you to "look away". I guess all those stereotypes of care-free sexuall liberated Europeans are a little overstated.

      --
      How we know is more important than what we know.
    31. Re:Exploitative Assholes by gnud · · Score: 1

      You're confusing possible with legal. It should be obvious to anyone that breaking an encryption in order to see other peoples data, no matter how weak that encryption might be, is criminal.

    32. Re:Exploitative Assholes by gnud · · Score: 1

      It doesn't really matter how stupid these users were, or how little privacy they had to begin with. Google seems to systematically collect personally identifiable information, and export it to a jurisdiction with weaker privacy laws.

      The export part is crucial. As I understand it, that's what makes this a crime.

    33. Re:Exploitative Assholes by Anonymous Coward · · Score: 0

      I guess you could describe it that way. As multiple people in this thread have (without much success) tried to explain, the law isn't black and white. My interpretation of the Finnish domestic peace legislation would be that looking inside through a window is not a problem, but if you kept ogling you could in fact be violating domestic peace.

      This seems quite sensible and not sexually repressed at all to me, even though you can describe it as "law obligates you to look away". It's all about making sure that everyone can live their life as they want inside their own home -- this seems like a good principle, doesn't it? And as always with law, the interpretation is what matters.

    34. Re:Exploitative Assholes by Rophuine · · Score: 1

      I'm not confusing anything: I'm making a joke at the expense of anyone who thinks WEP is effective. You can buy key recovery dongles off ebay these days which will get a WEP key in about 15 minutes.

      The analogy is way too stretched to think I'm suggesting it's not illegal to break WEP encryption.

    35. Re:Exploitative Assholes by clemdoc · · Score: 1

      Precedent doesn't matter in german law.

    36. Re:Exploitative Assholes by Antisyzygy · · Score: 1

      I agree. I was completing your rant unsolicited. ;)

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
    37. Re:Exploitative Assholes by Pteraspidomorphi · · Score: 1

      And you're looking at people who left the house by crossing the threshold of the gaping hole because they wanted to and are now in a public place.

      I really can't understand people who are against Google on this. If Google loses it will set an extremely dangerous precedent allowing everyone in the already sue-happy america who thinks they have an expectation of privacy when they are in public to flood the courts with stupid lawsuits. Oh, you're reading my slashdot username? Nevermind that I'm posting that to a public website, no one explicitly told me it would be visible to others! Time to sue everyone reading this post.

    38. Re:Exploitative Assholes by mcgrew · · Score: 1

      I agree with much of your comment, and perhaps I'm misunderstaning your meaning, but

      By the way, people deserve the rights they can defend; that's a founding principle and a basic manifestation of natural selection.

      Natural selection is for lower life forms, not humans. We have evolved (or should have evolved) past baser instincts; we are supposed to have intelligence and empathy. Lack of empathy has a psychological name: sociopathy. Natural selection is for animals, not human beings. If you lack empathy, you're only an animal disguised as a human being.

    39. Re:Exploitative Assholes by palegray.net · · Score: 1

      And in turn, I agree with much of your comment :). My position with respect to natural selection wasn't meant to be interpreted in the animalistic sense; it's meant more in the "there are winners and losers" sense (with the understanding that it's all shades of gray).

      As intelligent beings that make up a society, we do operate according to "higher principles," but those principles are just as much a part of nature as anything else. I think it's fair to say that humans have a tendency to draw entirely too stark a line between "us" and "the rest of the stuff crawling around."

    40. Re:Exploitative Assholes by vigmeister · · Score: 1

      My point is that it shouldn't be up to the manufacturer, but should be part of the specification itself so that it is not up to the hardware manufacturers or the ISPs.

      Not sure if it is within the scope of the specifications, but not sure why it should be terribly difficult to make it so.

      --
      Atheist: Buddhist in a Prius
    41. Re:Exploitative Assholes by Rophuine · · Score: 1

      Oh. Thanks. It's just surprising on /. for people to bother replying unless they want to flame on your opinion!

    42. Re:Exploitative Assholes by weicco · · Score: 1

      Yes, you are absolutely right. I just couldn't put it so clearly since, well, I'm Finnish and my mother language ain't English :)

      --
      You don't know what you don't know.
  5. That personal traffic was encrypted anyway.Right? by williamyf · · Score: 4, Funny

    I mean, all those people were using WPA, WPA-2, or at the very least WEP.

    What I am really curious about is if this comment will be modded funny, or some other thing....

    --
    *** Suerte a todos y Feliz dia!
  6. So Google knows my wifi name, BFD. by xandercash · · Score: 1

    I wasn't aware that a router name of "GoogleEatMe" would give away my identity. I guess I'll be more careful in the future.

  7. Unencrypted Wifi by Anonymous Coward · · Score: 5, Insightful

    Vicki Van Valin ... said that their homes' wireless networks were infact not password protected... In connection with her work and home life, Van Valin transmits and receives a substantial amount of data from and to her computer over her wireless network. A significant amount of the wireless data is also subject to her employer's non-disclosure and security regulations

    WTF. Her security was certainly broken, but not by Google - she broke it herself. She should be fired for not using encryption. I know it's wrong to wish ill upon somebody, but in this case, the security of her employer's data is more important than her job. If she does this kind of stupid stuff, she should get a job not involved with confidential data.

    The pair also claimed to have sent credit card and banking data over their networks.

    If you send your credit card info and bank info over unencrypted HTTP, you have bigger problems to worry about than Google.

    1. Re:Unencrypted Wifi by tagno25 · · Score: 1

      The pair also claimed to have sent credit card and banking data over their networks.

      If you send your credit card info and bank info over unencrypted HTTP, you have bigger problems to worry about than Google.

      If your credit card and bank info is not being transited using SSL then you have much bigger problems.

    2. Re:Unencrypted Wifi by pclminion · · Score: 2

      WTF. Her security was certainly broken, but not by Google - she broke it herself. She should be fired for not using encryption.

      Fired? She'll be lucky if that's all that happens. She just admitted to a serious contractual breach ON RECORD. I expect the company will now take her car and her house. What a fucking idiot.

    3. Re:Unencrypted Wifi by Marnhinn · · Score: 1

      The point isn't for her to feel justice, or make money from this suit, it is for the lawyers representing her to get rich.

      Remember, in most lawsuits, the lawyers come out on top. If she wasn't the one making the claims, I am sure that the law firm sponsoring this action would find someone else that would be willing to.

      --
      There is always a frontier where there is an open and willing mind
    4. Re:Unencrypted Wifi by exomondo · · Score: 1

      In this context they need to re-evaluate the idea of 'transmitting data over a network', in reality it is 'broadcasting the information publicly', and if you don't secure it then it's absolutely no different from going down the street and shouting out your credit card number and banking details, which of course is most certainly not an invasion of privacy if someone listens.

    5. Re:Unencrypted Wifi by AHuxley · · Score: 1

      Would your average user not been connecting to another unique computer or communications network?
      They had the expectation of a one on one link over a very unsafe network.
      Its still their data, their document fragments from their computers .

      --
      Domestic spying is now "Benign Information Gathering"
    6. Re:Unencrypted Wifi by Johann+Lau · · Score: 1

      it's absolutely no different from going down the street and shouting out your credit card number and banking details, which of course is most certainly not an invasion of privacy if someone listens.

      They weren't "listening", they recorded it. Random fragments, yeah, but still on a MUCH bigger scale than "someone listening to someone else shouting". That analogy just gets more retarded the more often it's repeated, since it completely misses the point.

    7. Re:Unencrypted Wifi by Zironic · · Score: 1

      It would be illegal to record and publish that shout.

    8. Re:Unencrypted Wifi by Anonymous Coward · · Score: 0

      I don't usually have a problem wishing ill on the terminally incompetent.

    9. Re:Unencrypted Wifi by Anonymous Coward · · Score: 0

      I'm not normally a fan of vicious litigation, but I hope Google wins and countersues this silly cunt and her lawyers into the fucking Stone Age. They're all shamelessly trying to scam $$$ for something that even the most retarded lawyer could see is bogus.

    10. Re:Unencrypted Wifi by elizabeth.pl · · Score: 1

      This is the point I was waiting for. Her complaint should be discredited on the basis that she was transmitting her employer's non-disclosure and security information over an unsecured network. As you all know, credit card numbers would only be collected by google if they were transmitted insecurely. If I'm getting what happened right, the information wouldn't be stored as specifically named data, but as a line of seemingly random characters stored in a column or two.

    11. Re:Unencrypted Wifi by exomondo · · Score: 1

      It would be illegal to record and publish that shout.

      Citation on the legality of the recording?

      AFAIK they haven't published anything, am i wrong?

    12. Re:Unencrypted Wifi by exomondo · · Score: 1

      They weren't "listening", they recorded it.

      So?

      That analogy just gets more retarded the more often it's repeated, since it completely misses the point.

      Then what is your point? Someone was broadcasting data into the public space and another person recorded it. If it's private data then don't broadcast it publicly unencrypted, that's what encryption is for!

    13. Re:Unencrypted Wifi by Johann+Lau · · Score: 1

      Someone was broadcasting data into the public space and another person recorded it. If it's private data then don't broadcast it publicly unencrypted, that's what encryption is for!

      That is your personal advice and has NO bearing on the legality of it though.

    14. Re:Unencrypted Wifi by exomondo · · Score: 1

      That is your personal advice and has NO bearing on the legality of it though.

      It's common sense and it applies both in the virtual and real worlds, when communicating private data you use discretion and I don't see you providing any legal evidence. Bearing in mind im not saying it was right of google to record this data, but it's certainly wrong of people to claim a breach of privacy for data they publicy broadcast unencrypted.

    15. Re:Unencrypted Wifi by Johann+Lau · · Score: 1

      There is a difference between your opininion of privacy and the laws surrounding it. Doing things on large scales and recording them simply might mean the "but someone could have overheard it anyway" doesn't apply. It's regulated in law, not (your claim of what) common sense (ought to be).

      I don't *know* if Google violated the law, I'm just saying many arguments brought forward here as to why they didn't are simply not valid.

    16. Re:Unencrypted Wifi by exomondo · · Score: 1

      There is a difference between your opininion of privacy and the laws surrounding it.

      If so then cite some of those laws.

      It's regulated in law, not (your claim of what) common sense (ought to be).

      Is it? I mean specifically the wifi aspect of it pertaining to broadcasting unencrypted information?

      I don't *know* if Google violated the law, I'm just saying many arguments brought forward here as to why they didn't are simply not valid.

      Of course, and I most certainly agree there. There will be a long judicial process to determine whether they have violated the law, but also I thought recently it was - in Germany too funnily enough - written into law that it is the obligation of the network owner to secure his/her wifi network. Naturally 2 wrongs don't make a right but claiming for privacy breach on those grounds would be admitting your own breach of the law.

      German Court Says Secure Your Wi-Fi or Get Fined

      "Private users are obligated to check whether their wireless connection is adequately secured to the danger of unauthorized third parties abusing it to commit copyright violation," the court said, according to the AP.

      The courts, however, will not be holding users responsible for what happens over their wireless network. So, it seems that making a password mandatory is the sensible measure of legal responsibility to put on internet subscribers.

    17. Re:Unencrypted Wifi by Johann+Lau · · Score: 1

      If so then cite some of those laws.

      No. That is not a required argument for the fact that "it's the laws that count, not your idea of common sense".

      Is it? I mean specifically the wifi aspect of it pertaining to broadcasting unencrypted information?

      Even if there was NO law regulating it, your idea of common sense would STILL have no bearing. What is so hard to understand about that?

      Naturally 2 wrongs don't make a right but claiming for privacy breach on those grounds would be admitting your own breach of the law.

      As you said, 2 wrongs don't make a right. It can very well be illegal to not secure something, and also illegal to "take advantage of" something unsecured.

    18. Re:Unencrypted Wifi by exomondo · · Score: 1

      If so then cite some of those laws.

      No. That is not a required argument for the fact that "it's the laws that count, not your idea of common sense".

      Of course the laws count, but only if they exist, do they? If they don't exist then they don't count at all.

      Even if there was NO law regulating it, your idea of common sense would STILL have no bearing. What is so hard to understand about that?

      Im not suggesting it affects the legality of it, but it is certainly the fault of no-one other than person broadcasting the information unencrypted if that information falls into someone else's hands.

      The same as with the Kovco files, left unencrypted in a public place, predominantly the blame lies with the person who failed to secure the private data. Or with GCHQ's loss of laptops, the intelligence leak was the fault of GCHQ, sure the people who found the information were not doing the right thing but it was the fault of GCHQ for failing to secure the information that created that situation.

      You can't just leave your personal information unprotected in a public place and accept no responsibility if someone gets a hold of it. If you want it to stay private then it is your responsibility to make some kind of an effort to keep it that way instead of broadcasting it out to the public where anyone can just listen in.

  8. Unintentionally? by Anonymous Coward · · Score: 0

    Three years of collecting wireless data and nobody noticing the extra gigabytes coming from the street view cars?
    I don't think so.

    1. Re:Unintentionally? by Rophuine · · Score: 1

      A few TCP packets, compared to uncompressed TIFF files? I rather do think so.

      That's like saying "what do you mean you didn't notice fifty kilos of material missing???!?!?!!?" when you're talking about hauling away the debris after demolishing a sky-scraper.

  9. Re:That personal traffic was encrypted anyway.Righ by Rophuine · · Score: 1

    I've been following the issue. Google didn't collect traffic if it was encrypted in any way.

    I mean, I think you knew that and were being snide at the morons who think this is an invasion of privacy. I'm just clearing it up for those readers who aren't up to date.

  10. Unintentional, I think not by gbrandt · · Score: 2, Insightful

    I am a programmer. I can honestly say that I have never saved data, via code, that I did know I was saving. There is no such thing as unintentional data.

    1. Re:Unintentional, I think not by Rophuine · · Score: 0, Troll

      Do you audit every piece of code written by someone else that you call into to make sure? Never use private APIs either, I bet.

      Do you make sure your data segments are all flagged DONT_SWAP?

    2. Re:Unintentional, I think not by Darkness404 · · Score: 3, Insightful

      You are one programmer. Google is dealing with hundreds of programmers and -huge- programs. Some bit of old code they thought they deleted or disabled really wasn't, it got a bit of data, Google realized it, and is going to delete it. I don't see how this is sooooo terrible. This is less data per user than your neighbor with Wireshark running for 15 minutes would get, if you care about your privacy use encryption. Simple as that.

      --
      Taxation is legalized theft, no more, no less.
    3. Re:Unintentional, I think not by ADRA · · Score: 1

      You have to capture frames in order to identify the SSID's of the AP's (the whole point of the exercise), so most likely there's a sniffer that just sit there running forever in the vans grabbing all captured frames, or at least the first of every unique AP found. When the van gets to Google central the logs were probably downloaded to a bulk data loader for eventual geo-location coding. It would seem that instead of wiping out the captured raw logs, they were retained as either 'malicious and nefarious use' or an oversight.

      --
      Bye!
    4. Re:Unintentional, I think not by ArsenneLupin · · Score: 1

      You have to capture frames in order to identify the SSID's of the AP's (the whole point of the exercise)

      Wouldn't an AP normally announce the SSID in separate packets?

      And if their goal was to also get the SSID's of those APs that were configured not to broadcast their SSID, wouldn't that be nefarious on their own right? I mean, somebody who switched off SSID broadcasting took an explicit step to make his AP unavailable for others, and google shouldn't go and "hack" this.

    5. Re:Unintentional, I think not by Anonymous Coward · · Score: 0

      Did you write a custom browser just to make this post? I hope you know that general purpose browsers send all kind of data with your post if you want it or not. This is what happened with google they had a network sniffer and forgot to turn of one "feature", they did not make new software for streetview they reused existing software!

      The only thing I can say is "Google next time plz RTFM"

    6. Re:Unintentional, I think not by khchung · · Score: 1

      I mean, somebody who switched off SSID broadcasting took an explicit step to make his AP unavailable for others, and google shouldn't go and "hack" this.

      "Hack" is exactly the right word because if a common joe sixpack got caught doing this, he would be called a "hacker" breaking into computer systems. Much like cases where the "hacked" system's "security" only consist using a tax id in the url to supposedly only allow the user see his own data.

      But we all know that corporations are first class citizens in the US, so most /.ers here are already so comfortable with corporations having better treatment than a normal person, and so many have rushed into Google's defense already. Fortunately, the EU don't treat corporations as a special class above normal citizen, and they actually care about data privacy.

      --
      Oliver.
    7. Re:Unintentional, I think not by microbee · · Score: 1

      Then you must have never used memcpy().

  11. 300 feet, people! by binaryspiral · · Score: 1

    Your wifi is sending everything you do 300' (more or less) in all directions. Encrypt it or STFU.
    and if it bothers you that one of Google's cars drove by and snagged your wifi access point's name then stop broadcasting your SSID too.
    Just because you don't understand how to configure your wireless network correctly gives you know rights to sue someone. Or at least win in court.

    1. Re:300 feet, people! by Johann+Lau · · Score: 1

      Your wifi is sending everything you do 300' (more or less) in all directions. Encrypt it or STFU.

      "Your body can easily be crushed by strong people. Exercise more or STFU. Just because you don't know Kung-Fu gives you know rights to sue someone who went Ninja on your ass. Or at least win in court."

      Hmm.

      Privacy laws exist, they exist for reasons, and if they apply, they do apply. The fact that something is easy to do does NOT make it automatically legal. So before you tell others to shut the fuck up, maybe you should have something of merit to say yourself.

    2. Re:300 feet, people! by Antisyzygy · · Score: 1

      Assaulting someone and collecting information on them that is publicly available are completely different things.

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
  12. get rich by Exter-C · · Score: 1

    It sounds to me like people just want to get some more money... however the only people who will win this lawsuit are the lawyers..

    1. Re:get rich by nomadic · · Score: 1

      It sounds to me like people just want to get some more money... however the only people who will win this lawsuit are the lawyers..

      How do you figure? Let's say they succeed and get $10,000 per person affected. What percentage of that do you think the lawyers can get? I'm honestly curious, people on slashdot have a very distorted view of how class action lawsuits work.

    2. Re:get rich by Rophuine · · Score: 2, Informative

      I guess you've never seen the results of a class action. If it succeeds, Google gets to pay the plaintiffs' lawyers (anywhere from a few tens of thousands to millions of dollars), and the court orders along the lines of "Google must delete the data, put up a public apology for a week on their main page, and give every plaintiff a $50 ad-words credit."

    3. Re:get rich by nomadic · · Score: 1

      Actually I'm a class action lawyer, so yes, I've seen the results of class actions. Cases like this are generally contingency cases, where the fee is based on a percentage of the amount won. This is typically 25%-33%. So, for those cases where you have a million class members and a 10 million judgment, yep they're probably going to get a $50 coupon while the lawyer could possibly pull in 2-3 million, depending on how much work he or she put into the case. But if each class member is winning $10,000, that's a different story. The class members are going to get most of that money.

    4. Re:get rich by Rophuine · · Score: 3, Interesting

      So, uh... What you're saying is that, in a contingency case, if the judgment is for a LOT per plaintiff, the lawyer doesn't get most of it, but if it's for a LITTLE per plaintiff, then he does. Right?

      Let's try 10,000 plaintiffs, $10m judgment, 25% fee. Lawyer gets $2.5m, each plaintiff gets $750. Hmm, looks like (from the point of view of an individual plaintiff), the lawyers are the big winners. Let's look at one where each plaintiff gets a bigger payout, like you say.

      Ten plaintiffs, $10m judgment. The lawyer gets $2.5m, each plaintiff gets $(10-2.5)/10m, or $750,000. So the lawyer gets much more than any plaintiff. I guess we need bigger payouts per plaintiff.

      Four plaintiffs, $10m judgment. The lawyer gets $2.5m, each plaintiff gets $1.875m. Still looks like the lawyer was the biggest winner.

      Two plaintiffs, $10m judgment. Hang on, weren't we talking about class actions?

      The fact is that it doesn't matter how big the settlement per class member is. If the fee is 25%-33%, the lawyer will ALWAYS get 25%-33%. It doesn't matter if each class member gets $250 or $250,000.

    5. Re:get rich by nomadic · · Score: 1

      The fact is that it doesn't matter how big the settlement per class member is. If the fee is 25%-33%, the lawyer will ALWAYS get 25%-33%. It doesn't matter if each class member gets $250 or $250,000.

      Exactly. What's the problem with that?

  13. Can you expect privacy on unprotected wifi? by Nakor+BlueRider · · Score: 1

    Most of the collected data was from unprotected networks; they could only get the network name of anything protected. For example, public hotspots that don't use encryption. (Our city has one.)

    Given that, a good question is how private should one consider their connection on such networks? Is there a reasonable expectation of privacy when not using any form of encryption, or when using encryption whose key is publicly distributed? I'd have to say no.

    1. Re:Can you expect privacy on unprotected wifi? by AHuxley · · Score: 1

      Depends who is sniffing.
      The DIA, CIA, Army intel, FBI, ect at the time of an anti war protest would have its vans out, ready to soak up everything.- Legal.
      Google as a private company has as much legal cover a person with a laptop and gps/wifi software package in many parts of the world.
      They had legal cover to make maps after asking.
      To store gb after gb of your wifi data - without asking - I hope thats not part of a gov grant to make a map in many parts of the world.
      Google: Evil in motion.

      --
      Domestic spying is now "Benign Information Gathering"
  14. Let's all rage at Google by aceofspades1217 · · Score: 1

    Google was honest enough to actually tell everyone they got this information and that they are deleting it. They came clean and didn't use this data for anything. I'm not saying that we should just be completely "no harm no foul", but just think of how many companies collect much much more private data than that and just hide the fact that they collect it.

    I mean cmon in this day and age you should have security and all websites that have personal data use HTTPS. Give me a break, a lot of other corps warrant a lot more of our anger like Sony (taking away a feature that was advertised and adding DRM to everything without telling us), Microsoft (for being Microsoft...although Apple is giving them a run for their money), Apple (for completely going off the deep end and becoming "The Man"), AIG/Goldman/B of A/etc. (for taking all our money...and than asking for more of it after they lose all of our money).

    1. Re:Let's all rage at Google by AHuxley · · Score: 1

      Google was honest enough to actually tell everyone after the German press ran a story IIRC

      --
      Domestic spying is now "Benign Information Gathering"
  15. How is this different from... by Gavin+Scott · · Score: 1

    the WiFi-based location services (such as the iPod Touch / iPhone support)?

    Those guys obviously war-drove all around collecting basically the exact same information in order to create the access-point-MAC-to-Lat/Log database that they use.

    If Google collected a whole frame of (gasp) unencrypted 802.11 traffic then that doesn't sound like much of a privacy risk.

    So I just don't get that Google is in trouble or frantically apologizing in this case. They're not the first nor probably the last to compile this sort of information.

    G.

    1. Re:How is this different from... by AHuxley · · Score: 1

      Most parts of the world have anti wifi hacking laws.
      So you can run a cafe with wifi for your coffee drinkers and not some person on a park bench using your expensive bandwidth.
      Or your new 'open' by default wifi card gets used and you get a $1000+ data use fine for that month and they find who used you connection.
      Most have closed the "it was open loophole" with stiff trespassing laws.

      --
      Domestic spying is now "Benign Information Gathering"
    2. Re:How is this different from... by Rophuine · · Score: 1

      Google wasn't accessing your network. They didn't send one single packet, so it would be hard to argue trespass or unauthorized access. They were just observing. You do this every time your computer pops up a list of nearby wireless networks: it captures packets flying about, filters out the information to find what it wants, and displays it to you. Google were doing the same, only saving it to long-term storage.

      You're right that ... well, some, I can't speak to 'most' ... parts of the world have anti wifi hacking laws. I don't think they apply here though.

    3. Re:How is this different from... by Anonymous Coward · · Score: 0

      What you are talking about and what Gavin Scott is talking about bear nothing in common.

      You are talking about someone actively using a connection. Gavin Scott is talking about standing in a spot and recording where you are and what hotspots you can see from that spot, then moving onto another spot and doing the same thing. If you do this from enough spots, you have a database that can tell you where you are based on what hotspots you can see from there. That's how the iPod Touch does its geolocating using the database from SkyHook, who does EXACTLY that.

      It has absolutely nothing to do with "wifi hacking".

    4. Re:How is this different from... by Johann+Lau · · Score: 1

      "Google were doing the same, only saving it to long-term storage."

      which exactly is the issue here.

  16. Journalism slacks again. by Anonymous Coward · · Score: 1, Interesting

    Which federal statute? Which jurisdiction was the lawsuit filed in? In what way was the law violated?

    But seriously, lawsuits are the way that the US has decided that facts should legally be determined. This lawsuit could be useful if it is determined that users are responsible for their own data security to some degree.

    There is a legal precedent called caveat emptor (buyer beware). There should also be one called 'user beware'. The woman claims to work with 'high technology' and yet she claims that Google 'stole' her data. I find this depressing. If you don't want your credit card info sniffed, use a wired connection and HTTPS.

    As far as the $_CORPORATE_ENTITY bashing goes, meh. Any company that tries to do something no one has done before WILL get sued. It takes time for people to become accustomed to the new idea and construct a legal framework for it. Your neighbor drives by your house every day, and has the opportunity to sniff your wireless traffic everyday. This could be considered long term snooping, or it could just be being your neighbor. Same with google. It could be a massive plot to construct a database of everyones personal information, or it could be an attempt to construct a new and useful service.

    1. Re:Journalism slacks again. by Anonymous Coward · · Score: 0

      There is a legal precedent called caveat emptor (buyer beware). There should also be one called 'user beware'.

      Apparently there already is a phrase for that: Caveat Utilitor. (thanks wikipedia =p)

  17. Nothing wrong with what they did by Rophuine · · Score: 0, Redundant

    Look, let me put it this way. Light is just electromagnetic radiation in a particular band of the spectrum, right? The Google vans drive down the road recording it. If you've put up some sort of barrier to prevent someone on the public street from collecting your light (like walls), the Google vans don't get it. Following so far?

    Wi-Fi traffic is just electromagnetic radiation in a particular band of the spectrum, right? The Google vans drive down the road recording it. If you've put up some sort of barrier to prevent someone on the public street from collecting your Wi-Fi traffic (like WPA), the Google vans don't get it. Still following?

    The owner's unique street name and number, the unique number given to the owner's car licence plate, and data consisting of all or any part of any signs, swing sets, lawn furniture arrangements, and slogans printed on t-shirts of people in the yard at the time the van drove past, is recorded.

    The user's unique (???) or chosen Wi-Fi network name, the unique number given to the user's hardware ... [and] data consisting of all or part of any documents, e-mails, video, audio, and VoIP information being broadcast over the public airwaves (and available to any member of the public on the street at the time) is recorded.

    Really, you don't get to be both okay with the street vans in general, but mad at this particular part of the operation. Google is being all apologetic, not because they did anything wrong, but because they know that stupid people will be mad at them if they don't. It's like being calm and careful around a rabid dog: it's not that you actually think you should have to restrict your behaviour because of rabid dogs; just that you'd rather not get bitten.

  18. More Insanity by b4upoo · · Score: 1, Troll

    Anything that can be viewed from a public place such as a street is not private in any sense of the word. A person who can be photographed is in a public situation.
                These privacy nuts are just that. It is time for people to take responsibility for their appearance, their actions and their whereabouts.

    1. Re: More Insanity by DarwinSurvivor · · Score: 1

      I don't know who modded you troll, but you are 100% correct. In Canada (I'm sure USA is exactly the same), if you are standing on public property (or property you own or have been given permission to be on) then you can take any damn photograph you want.

      I don't however think that photos are a good analogy. Something along the line of sound would be much better. If you are blasting your child's birthday party homevideo loud enough for your neighbours to hear it, you have NO right to sue someone on the street with a microphone!

    2. Re: More Insanity by khchung · · Score: 1

      I don't know who modded you troll, but you are 100% correct. In Canada (I'm sure USA is exactly the same), if you are standing on public property (or property you own or have been given permission to be on) then you can take any damn photograph you want.

      Including taking underskirt photos of girls walking pass? Or snapping pictures of girls' washrooms/changing room through a partly opened window from the public street, even though you might need to use a rod to prop the camera 10ft high from the ground?

      Are there really so many posters in /. who cannot understand what "decency" means? It doesn't mean "anything you can get away with", or "anything that other people didn't use technical means to prevent you from doing".

      A girl wearing a skirt instead of pants doesn't mean it is ok to peek underneath. An unencrypted network doesn't mean the owner is ok with Google reading the data, much less recording and storing it permanently. That's what "privacy" is about.

      --
      Oliver.
    3. Re: More Insanity by DarwinSurvivor · · Score: 1

      Google did not use any kind of "pole", etc to reach this data, the data was broadcast directly at them.

      To make you anology fit, the girl would be wearing no pants, transparent underwear and a short top allowing anyone to see everything with nothing but a casual glance.

      FYI, the upskirt thing would fall under Sexual Harassment.

  19. Legal or Not, WHY Did This Happen? by no1home · · Score: 3, Interesting

    Some are complaining that this was some kind of breach of privacy, maybe breaking several laws (very debateable). Others are asking why this is even an issue since unencrypted wifi is freely viewable. So what on any of that!

    Why was the Google StreetView system collecting this data to begin with?

    Really, to collect this data, the street-team had to be running wifi in the vehical, purposely vacuuming all the data it could snif out of the air, and dumping it to a rather large drive. Why did this setup exist? Why was this system actively aquiring all this data? Was this being done by some of the streat-teams, or all?

    My thoughts are that this really was a simple mistake, likely from a misconfiguration. The likely intent was to gather open access points, like war-driving writ large, but a misconfiguration led to aquiring more than just the AP location/name/basic config- it grabbed whatever was being transmitted at that time. Of course, an oops like that, that was then allowed to continue (possibly), could be a firing-offense as it should have been better setup.

    --
    I hope this comment is well received... I could have moderated instead!

    Persecutors will be violated!
    1. Re:Legal or Not, WHY Did This Happen? by Anonymous Coward · · Score: 0

      mapping public wifi spots, like bookstores, etc

    2. Re:Legal or Not, WHY Did This Happen? by AHuxley · · Score: 1

      Testing wifi ads for local shops? Triangulation of wifi - poor persons gps? The cost of a drive by - get everything you can on the first pass?
      or a covert open MAC hunt to find open wifi and other details for someone wanting deniability?
      Misconfiguration would be a first roll out in one city -opps we sucked up gb after gb of data -tell gov, tells press, clean up - turn off in all over cities.
      Get govs ok in all other cities if they wanted to do it after that first 'error'.
      Google seems to have sucked up all it could around the world until exposed.
      Then govs sat up and noted their wifi laws and privacy protection laws.

      --
      Domestic spying is now "Benign Information Gathering"
    3. Re:Legal or Not, WHY Did This Happen? by Anonymous Coward · · Score: 0

      They already stated in their blog that they used a library developed for another project. They reused it and forgot it's collecting too much.

      Even if this might not be a privacy violation because traffic should be encrypted - it is a really bad thing that google handles information with libraries not knowing what these are doing with it. Information is the biggest asset google has, they should be very careful with it.

      I am getting serious trust issues when hearing about mistakes like this.

    4. Re:Legal or Not, WHY Did This Happen? by Rophuine · · Score: 1

      Misconfiguration would be a first roll out in one city -opps we sucked up gb after gb of data -tell gov, tells press, clean up - turn off in all over cities.

      Why do you think they would necessarily have found out about a bit of extra data straight away? They did eventually notice it, and it went pretty much as you said. Tell gov, tell press, clean up, turn off in all StreetView vans... And then get sued. I guess next time they'll have learned to just shut their mouths and not tell anyone.

    5. Re:Legal or Not, WHY Did This Happen? by AHuxley · · Score: 1

      The person in the van, suv, car running the visual street capture software would have known of the wifi strength?
      If your going to the trouble of paying for wifi capture, making sure it works, testing and installing - the bit of extra data is the end result and would be of interest from first the day in the first city.
      And yes if you break data privacy laws you get sued.

      --
      Domestic spying is now "Benign Information Gathering"
    6. Re:Legal or Not, WHY Did This Happen? by oddTodd123 · · Score: 2, Informative

      Why was the Google StreetView system collecting this data to begin with?

      Google intended to collect SSID and MAC address data from WiFi routers in order to improve their mobile location-based services (i.e., if they know what router you are sending your packets through, they can narrow down where you are). To save time, the engineers working on the Street View code borrowed code from another Google project that was related to WiFi sniffing in some respect. Since this was never going to be publicly released code, they did not bother vetting the code they borrowed from their colleagues; all they knew was that it gave them the war-driving data they wanted. Turns out it also collected a whole bunch more data that they did not care about, but which turned out to be random packets being sent across these routers.

    7. Re:Legal or Not, WHY Did This Happen? by GravityStar · · Score: 1

      Google probably wanted to capture as many SSID's in as little time as possible as accurately as possible.

      It's possible they had this setup with the intent of reconstituting partial SSID broadcast frames. Or maybe non-SSID frames are of some interest to determining a more exact location of the AP.

      Maybe they had multiple directional antennas on the van. Hooked up to a gps and a compass there should be some interesting analysis to be done from that.

      Maybe they wanted to compare frame X from antenna A to frame Y from antenna B where van C was driving 50 kmph at a curve of D and where X was received 5 seconds later than Y and where van C was traveling from location E to F. Now tell me the most likely location of the access point that sent both frames.

      (Location G, obviously. ... HEY, I found it!)

    8. Re:Legal or Not, WHY Did This Happen? by Dahamma · · Score: 1

      My guess is that it was to gather Latitude/Longitude on any APs broadcasting info in order to make assisted GPS on mobile phones more accurate. AKA "GPS by Starbucks".

      I don't think they had any interest in recording any private data, and it probably didn't beyond the basic stuff these APs were broadcasting. It's just a moronic loophole in a law "preventing snooping on open wifi" or something like that...

    9. Re:Legal or Not, WHY Did This Happen? by ShinmaWa · · Score: 4, Informative

      Why was the Google StreetView system collecting this data to begin with?

      To build a database of open wifi hotspots for Wi-Fi Geolocation to add location-based services to Android, much like how the iPhone and iPod Touch use Skyhook to do the exact same thing.

      Glad I could help.

      --
      The /. Effect: Thousands of users simultaneously accessing a site to not read its content.
    10. Re:Legal or Not, WHY Did This Happen? by Rophuine · · Score: 1

      If they were handling private data that you'd entrusted to them with this little care, it would be an oversight and they'd deserve to be blamed. They weren't. They were handling public data that anyone could access with this little care. It was unimportant public data that they didn't really care about, and which nobody had 'entrusted' to them.

    11. Re:Legal or Not, WHY Did This Happen? by Rophuine · · Score: 1

      The person in the van, suv, car running the visual street capture software would have known of the wifi strength?

      How? Do you think Google employees have wifi implants in their brains? The guy in the van probably didn't know half of what it was going.

      And yes if you break data privacy laws you get sued.

      But if you don't, you don't. And I can't see how this broke any privacy laws.

    12. Re:Legal or Not, WHY Did This Happen? by noidentity · · Score: 1

      And if you're sending a truck around recording things you pick up over the air, why not just record it all, in case you later realize there's something else useful and privacy-preserving you could extract, so you don't have to drive around again?

    13. Re:Legal or Not, WHY Did This Happen? by anonymous+cupboard · · Score: 1

      You are quite right and WiFi GeoLocation tends to be more accurate than GSM based location services and unlike GPS, it will happily work indoors. Actually if you have Google Maps on your non-android mobile, it will work there too. It will even work with Google Latitude on your laptop.

    14. Re:Legal or Not, WHY Did This Happen? by AHuxley · · Score: 1

      The guy in the van probably didn't know half of what it was going.?
      They went to the cost of installing the wifi gear in vehicles around the world, set up the software, yet no realtime feedback that it was turned on and working in the vehicle?
      Privacy laws would cover your payload data on any network and the unauthorised capture and storage of your data by any third party.
      Try http://www.smh.com.au/technology/technology-news/privacy-watchdog-probes-googles-wifi-data-harvest-20100519-vckv.html?feed=html

      --
      Domestic spying is now "Benign Information Gathering"
    15. Re:Legal or Not, WHY Did This Happen? by Hurricane78 · · Score: 1

      I don’t see how this is bad. It’s only a SSID. If an attacker can do something bad just by knowing whatever you broadcast for everyone in a 300 m radius, then you’re already doing it wrong, and it’s your own damn fault.

      If you don’t want other to have it, don’t send it out! Simple isn’t it?

      Other than that, the only question left is: Did somebody hurt somebody. And unless that happened, there is no crime. Even if written law says so. (If it does, that means that the law is wrong, and created for the profit of someone other than for protection. Which means the law itself is hurting somebody, and hence the act of creating it is the crime.)

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    16. Re:Legal or Not, WHY Did This Happen? by Anonymous Coward · · Score: 0

      Then why were they sniffing more than the SSID and MAC address of the APs encountered? Software such as netstumbler will do just that and tag GPS coordinates without grabbing actual payload data in the wifi traffic.

      From everything im reading about this it seems like someone willfully setup a packet sniffer to swallow up as much data as they could.

      Probably trying to see what kind of keywords they could somehow associate with an AP, and with the AP being open google could traceroute though the AP to find out what it's WAN IP is and tie all this sniffed data to the WAN ip which they could then tie into all the data they've already got tied to this WAN ip from searches on their servers.

    17. Re:Legal or Not, WHY Did This Happen? by Anonymous Coward · · Score: 0

      >Why was the Google StreetView system collecting this data to begin with?
      Geolocation based on MAC address.

  20. Lawyers by acid06 · · Score: 1

    This is a reminder that lawyers just can't be trusted not be complete assholes when aiming for selfish profit.

    People are usually fond of class-action lawsuits because most of the times the companies are actually being evil (i.e. Sony). So it's easy to forget or ignore the fact that class-action lawsuit do nothing substantial which benefits the consumer / end-user - they just enrich lawyers.

    Now we can see that they just don't care and will even try to paint as evil a company which is disclosing information purely on good will. No one asked them to do it and they could have hidden this information and no one would know. Yet, they disclosed it and now are being screwed over this. What do you think Google or other companies will do the next time around?

    So society gets a little bit worse, once again, thanks to the lawyers.

  21. Frivolous lawsuits by JohnM4 · · Score: 1

    This is seriously frivolous. These vulture lawyers are the only ones who would get anything out of this even if they do win. All of the analogies above are valid. Don't broadcast something you don't want people to pick up. It's common sense. I really hope this gets thrown out and they are made to pay Google's legal costs.

    1. Re:Frivolous lawsuits by AHuxley · · Score: 1

      Wifi laws and privacy laws around the world are now tighter.
      The idea that someone in court can say 'it was open' and walk out after they degraded/stole the wifi service is over.

      --
      Domestic spying is now "Benign Information Gathering"
    2. Re:Frivolous lawsuits by Rophuine · · Score: 1

      Google were neither degrading nor stealing the service. That would be covered by those laws you're talking about: Unauthorized Access. Google weren't doing that. They were just recording public broadcast data.

  22. Why Google? by Masterofpsi · · Score: 1

    The thing that really cheeses me off about this is that all of a sudden, Google is getting charged $10,000 a pop. We all know how much bullshit corporations get away with without paying anything substantial. And suddenly Google, probably as benevolent a company as we're ever going to get, is suddenly getting slapped with what sounds like a massive fine? What is wrong with this picture?

    1. Re:Why Google? by Anonymous Coward · · Score: 0

      That Google is being fined? NO ONE would have know about it if Google did not tell eveyone.

  23. Re:That personal traffic was encrypted anyway.Righ by AHuxley · · Score: 1

    Just collecting the data packets then ?
    http://googlesystem.blogspot.com/2010/05/google-collected-data-packets-from-open.html
    "600 gigabytes of data was taken off of the Wi-Fi networks in more than 30 countries"...

    --
    Domestic spying is now "Benign Information Gathering"
  24. Respect the law of the country you do business in by aepervius · · Score: 4, Insightful

    As another poster pointed out "Germany's privacy laws generally restrict photographs of people and property without a person's consent, except in very public situations, such as a sporting event." therefore your example is TYPICAL of what is *NOT* allowed to to be saved without your consent. It is not the fact that you can be looked at (or the data packet inadvertently caught) it is the systematic saving of the same data (or phtography) which is udner fire.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
  25. Send Google a clear message. by pclminion · · Score: 5, Insightful

    This'll send Google a clear message -- honesty doesn't pay off. If you fuck up and overstep your bounds, for crissakes do NOT let anyone know you did it.

    1. Re:Send Google a clear message. by Anox · · Score: 1

      Yes it seems wrong that an overzealous engineer might of crossed the line here, but how about Facebook and our need to publicly share more that we should online ? Wish I had the Google car when I was war-driving...

    2. Re:Send Google a clear message. by FreakyGreenLeaky · · Score: 1

      You really think they were being honest out of the goodness of their hearts? You don't think perhaps they came "clean" as a way of pre-empting an embarrassing disclosure from a whistle-blower?

    3. Re:Send Google a clear message. by Rogerborg · · Score: 1

      Yes, I do. Their simple "we screwed up, we're sorry, we didn't do anything with the data and we're deleting it" is the correct response if that's the truth, and the wrong one if there were any damaging allegations about Doing Evil about to come out. If they had been up to shenanigans then they'd be in pre-emptive damage limitation mode just now, blowing smoke over what privacy really means.

      Mind you, if you want to see something Machiavellian in their behaviour, notice how they've shifted the framing of the privacy debate. Now the story isn't about whether it's ethical to harvest SSIDs and MAC addresses, it's about the ethics of harvesting actual data.

      --
      If you were blocking sigs, you wouldn't have to read this.
    4. Re:Send Google a clear message. by Anonymous Coward · · Score: 0

      Honest my a$$. They were caught recording wifi data for the past 3 years. If they were not caught, you bet they wouldn't tell anybody about it and went ahead to mine the data.

    5. Re:Send Google a clear message. by FreakyGreenLeaky · · Score: 1

      I hear you, I just don't believe it. I've learnt many times over not to trust large corporates. The glossier their image, the grubbier their upper-echelon morals.

    6. Re:Send Google a clear message. by Rogerborg · · Score: 1

      Actually, I'm not sure I believe me either now. I was going by Sergey Brin's plain speaking apology. But now I read Schmidt and Page dissembling with the "no harm, no foul" line, I'm beginning to suspect that Evil was a'brewing, and that Brin was just out of the loop.

      --
      If you were blocking sigs, you wouldn't have to read this.
    7. Re:Send Google a clear message. by Anonymous Coward · · Score: 0

      So... any word on how much data they have, when they started collecting it, and when they noticed all this extra data?

      Anyway, this really pisses me off:

      Google said it was contacting authorities in the 30 countries where it has Street View to determine what must be done with the data.

      "We're not going to delete it unless we're ordered to," said Mr Schmidt.

      You'd better fucking delete it, you squinty-eyed, mealy mouthed rat!

      And if I put on my conspiracy hat on, I'ma guessing all those govs would like to have copies of that data and quietly give Google the go-ahead with additional collection. Cue ousting of Brin in....

    8. Re:Send Google a clear message. by FreakyGreenLeaky · · Score: 1

      not going to delete it unless we're ordered to

      Fuck sakes. Need I say more? This is the same character who made that statement about privacy and things to hide, etc.

  26. Re:That personal traffic was encrypted anyway.Righ by Rophuine · · Score: 0, Flamebait

    What else do you think they were collecting? The ... undata packets as well? Get off /. please.

  27. Mistake? I call BS! by Anonymous Coward · · Score: 0

    Wat i don't understand is why google is running a packet sniffer and collecting this data; You cant do this highly technical thing unintentionally!

    1. Re:Mistake? I call BS! by pclminion · · Score: 2, Insightful

      Wat i don't understand is why google is running a packet sniffer and collecting this data; You cant do this highly technical thing unintentionally!

      Bullshit. Have you ever created a buggy tcpdump filter, started the logger and went home for the night, then came back in the morning to find that you'd filled up a 300 GB disk with nonsense because you made a typo? I have.

    2. Re:Mistake? I call BS! by Rophuine · · Score: 2, Insightful

      This. That's basically what happened, if you read Google's explanation, only on a StreetView van which is saving dozens (hundreds?) of megabytes of uncompressed TIFFS every minute or so, 300GB here or there is a drop in the bucket.

    3. Re:Mistake? I call BS! by joebice · · Score: 1

      I've created a tcpdump filter. My intent was to capture data. I don't see why sniffing traffic would be any kind of requirement for the streetview van snapping pictures when they drive by.

  28. Re:Respect the law of the country you do business by Rophuine · · Score: 1, Redundant

    If Germany's privacy laws prevent Google from taking photos of people and property, how are their StreetView vans driving down the road taking pictures of ... people and property? I still call bullshit, and I can't imagine why Google would be allowed to collect electromagnetic radiation from a public space in one wavelength but not another.

  29. Let's see. by Anonymous Coward · · Score: 2, Insightful

    We have....

    • millions of privately installed security cameras
    • millions of government-installed security cameras
    • the ability of governments to monitor all financial transactions
    • the ability of the government to look at your banking account at any given time for any reason whatsoever
    • until a few weeks ago, the obligation for every telco to keep detailed records of all your activities, and that's probably returning in some form sooner or later
    • politicians who want blacklists for the internet that nobody except the federal police can know ('stop signs')
    • companies that collect so much data about you via bonus cards, credit cards and other means they probably know you better than your wife

    And they're complaining because Google sniffs small bits of unencrypted network traffic? I'm a privacy advocate myself, but this is utterly rediculous.

    1. Re:Let's see. by Anonymous Coward · · Score: 0

      not just diculous once, but diculous AGAIN!!

  30. This is a F-ing joke by Antisyzygy · · Score: 2, Interesting

    This is a joke. If people are stupid enough to leave their networks open its their own fault. Its like claiming you still own the items in your trash once its out in the street.

    --
    That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
    1. Re:This is a F-ing joke by SheeEttin · · Score: 1

      Well, I don't know about you, but around here, we don't actually put in on the street; we leave it at the edge. It's still on our property.
      But you're right, regardless. These signals were broadcast beyond the property boundary.

    2. Re:This is a F-ing joke by khchung · · Score: 1

      Do you also talk in secret codes in public? Or did you never talk about anything private in public restaurants? Do you also sound proof your house so you are sure any sound/noise from inside your house will never leak out to the street?

      So you are ok if someone use a parabolic dish to record your conversations with your friend in bar or restaurant? After all, you are sending out unencrypted sound waves out to the public, if you are stupid enough to talk about anything private, that's your own fault, right?

      Don't any of you have any idea of what "privacy" and "decency" means? Recording local and transient private data without permission from the owner, most people would consider that serious breach of trust, much like secretly taping conversations when you are in a bar with a group of friends. It is bad enough if one among the friends did it, it is even worst if some unrelated 3rd party is doing it.

      If a bar owner was caught recording conversations on his patrons to "better serve" his customers, most /.ers here would be screaming blood murder. But when it comes to Google, they can do no wrong and all common sense got thrown out of the window.

      --
      Oliver.
    3. Re:This is a F-ing joke by Antisyzygy · · Score: 1

      Not true at all. I wouldn't like being recorded but its my problem since I know its possible when I am out in public. Its not like Google put bugs in peoples houses. These people are technologically morons and didnt even bother learning anything about the routers they installed. Its a simple procedure to open a manual or to go through a configuration wizard. Its not a breach of trust. You dont own the air, nor the airwaves. Its a collective resource owned by all. If you start talking about intellectual property, well, gtfo. What bothers me is that people are exploiting this "snafu" by filing lawsuits. For some reason, they think that ignorance entitles them to compensation and I would rather see these people penalized for it. Maybe then this country wouldnt be full of a bunch of under-educated idiots.

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
    4. Re:This is a F-ing joke by Antisyzygy · · Score: 1

      Well, Im pretty sure the airwaves are owned by all regardless of whose property they are passing over.

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
  31. Re:That personal traffic was encrypted anyway.Righ by AHuxley · · Score: 1

    MAC, location vs plain text - so its only "bad" if someone can decrypt to "plain text"?
    Most parts of the world updated their listening and surveillance devices type laws after hacking loopholes in the 1980's and 90's.
    Did Google have approval to soak up data in all 30 countries seems to be the question.

    --
    Domestic spying is now "Benign Information Gathering"
  32. All this makes you wonder... by Anonymous Coward · · Score: 0

    ... if life will ever go back to the days where you could leave your front door unlocked and not worry about intruders ....

    I wonder what sort of drastic event would have to take place to create a society of trust... Imagine not having to lock your house/car doors, secure your network, worry about being sued... ...sigh... OK enough fantasising for one day back to reality lol

  33. NetStumbler by Dynamoo · · Score: 1
    NetStumbler can collected SSIDs and tie them in with the location via a GPS receiver.. but it doesn't store captured packets. It seems that the technology is already commonly available, so why did Google manage to screw it up so badly?

    Also, I really can't see the point in doing this. I know that in theory you can use the SSIDs for geolocation, but GPS is cheap these days and so much better for most applications. Besides, wireless networks change over time and the mapping will surely go out of date very quickly.

    --
    Never email donotemail@WeAreSpammers.com
    1. Re:NetStumbler by QuantumG · · Score: 1

      NetStumbler is way too slow. Capturing every packet you see and doing offline processing for SSIDs is a lot more effective.

      --
      How we know is more important than what we know.
  34. A child sees porn on the internet, ISP is blamed by __aatirs3925 · · Score: 0

    What happens when a child sees porn on the internet? Mothers are outraged that the ISP isn't doing a good enough job protecting their child from the bad, bad internet. But in reality, it's their job to research and understand the risk of having internet around a child. It's also the parent's responsibility to be a guardian. If you take the same concept and apply it here, you may have people who don't secure their internet, but they should ask / do research of what a wireless router entails. If they don't feel comfortable doing it themselves, they can hire someone or their 12 year-old relative to secure it for them. If the information is publicly available, the internet will provide. If you're going to complain, you can always turn off your service. It's as simple as that.

  35. Re:Respect the law of the country you do business by Anonymous Coward · · Score: 0

    Taking and publishing pictures of buildings is fine in Germany. Taking and then publishing pictures of people requires that the people explicitly consent.

  36. Re:That personal traffic was encrypted anyway.Righ by Rophuine · · Score: 1

    I don't think you understand what you're saying. I almost want to ask you to take a Turing Test, except I know there really are people out there this technically unsavvy. Not that there's anything wrong with that... They just don't normally try to pretend to understand and then argue with people about it. Well, ... okay, they do that too. But I don't have to like it.

    The crux of the argument is not about whether they had approval to "soak up data". The crux of the argument is whether they needed approval. People were sending this information out unrestricted. It's like complaining about people reading a sign you posted on your wall, visible to the street. There's a difference in degree, but not much else.

  37. The creepy guy... (was: Re:Google shouldn't worry) by beh · · Score: 3, Insightful

    "The creepy guy across the rad is probably logging it all anyway, right?"

    That may be - but if he got caught, he wouldn't be able to hide behind 'by mistake' or any other excuse.

    Google got caught, that's what's the difference.

    Also, do not forget, that you and me may know enough about hardware/software and how to configure our WiFis to be encrypted, password-protected, ...
    But do not assume that most people out on the street would KNOW this, or even be aware of the problems connected with it - the law needs to protect those people, too.

    If you enter someone elses house uninvited, but hey - the door was open - and then leave, while taking some fairly private details (copies of receipts, ... other information that might be relevant for ID theft). Do you really think, if you got caught, a court would let you get away with "well, the door had been left open...", or do you think, you would still get convicted (it wasn't your premises, you had no right of being there) - you might get some small relief out of the owner of the property not protecting it (by locking the door), but it would still be illegal to enter uninvited.

    The same holds true for both the creepy guy across the road, and a multi-national like google.

    The thing I don't get about google, is how they can claim that it was by accident. Sure, it was by accident, we started some software that would take dumps of data-packets and store them, when all they wanted to do was just take photos.

    I would believe google just about that they didn't want to use the data to break into the systems of the people involved, but maybe to make up some nice stats of how many unsecured/unencrypted connections they found. But that wouldn't have required storing the data.

  38. Re:That personal traffic was encrypted anyway.Righ by FreakyGreenLeaky · · Score: 0, Redundant

    So, if your mother decides to use a standard door lock instead of also installing a dead-bolt, she's to blame for the consequences of a break-in, rape, torture and her murder? She was asking for it, right?

    Yes, people who don't use encryption are either stupid, ignorant, naive, arrogant or all of the above. This doesn't mean Google (or anyone else) should go around sniffing their traffic.

    You do realise that in some countries folks don't lock their homes? Not because they're stupid, but because they live in safe law-abiding communities. What Google did (or any other criminal assfuck) is akin to an outsider walking into this community and trying doors until an unlocked one is found.

    It's criminal behaviour no matter how you sugar coat it or how ignorant/stupid the public was. Google should be prosecuted to the fullest extent allowed by law in every single country they engaged in this criminal behaviour. We'd expect our law enforcement servants to do this to any other criminal, so why not Google?

  39. So, your laws are universal? by CaptainZapp · · Score: 4, Insightful
    Yes, it's probably against the law in most jusridictions to steal cars. Hover, other laws differ from country to country and in the US, where you obviously reside, they differ from state to state, even.

    Example? Sit onto a bench in central park and drink a beer? Busted! This is perfectly legal in most of Europe. Another example? Drink a beer at the tender age of 17? In most of the US a crime in most of Europe wine and beer can be consumed from 16 up. In Switzerland a 17 year old boy can screw a 15 year old girl (or vice versa) without falling afoul against the law. Something, I would guess, gets you stamped as a felon and a sex offender agains kids for the rest of your life in most states

    There's a whole damn library about privacy legislation throughout the EU.

    Those binding directives must be implemented into law in all of the EU countries. You can add Iceland, Norway and Switzerland to the mix. This partially translates to criminal offenses if violated and yes - systematically storing and processing personally identifiable data without permission, reason and safeguards may be a crime depending on circumstances.

    You may claim that this is stupid. I for one however rather sip a beer, sitting on a park bench on a sunny day then have my private data (including phone, financial and medical data) splattered around the world and sold to every sleazy marketoid that pays for it.

    Your priorities may differ, of course.

    --
    ich bin der musikant

    mit taschenrechner in der hand

    kraftwerk

    1. Re:So, your laws are universal? by crossmr · · Score: 1

      . In Switzerland a 17 year old boy can screw a 15 year old girl (or vice versa) without falling afoul against the law. Something, I would guess, gets you stamped as a felon and a sex offender agains kids for the rest of your life in most states

      You'd guess wrong. Most states have a law that exempts them if they're within 2-3 years of each other.

    2. Re:So, your laws are universal? by dontbgay · · Score: 1

      I'm an American and I agree with you. I don't think anyone should steal my information and the keys in the car analogy fits. While I think it might be a little overboard to drawe up criminal charges just yet, I think it might be a step in the right direction to see if Google would actually "Do No Evil" with the info and get rid of it. I'm not sure if intent plays a role in Germany, but I'm sure it'll come out eventually.

      --
      Sig not found.
    3. Re:So, your laws are universal? by Rophuine · · Score: 1

      Yes, it's probably against the law in most jusridictions to steal cars. Hover, other laws differ from country to country and in the US, where you obviously reside, they differ from state to state, even.

      I don't live in the US. And I think it's probably against the law in ALL jurisdictions to steal cars.

      Example? Sit onto a bench in central park and drink a beer? Busted! This is perfectly legal in most of Europe. Another example? Drink a beer at the tender age of 17? In most of the US a crime in most of Europe wine and beer can be consumed from 16 up. In Switzerland a 17 year old boy can screw a 15 year old girl (or vice versa) without falling afoul against the law. Something, I would guess, gets you stamped as a felon and a sex offender agains kids for the rest of your life in most states

      So, the point you're trying to make is "different places have different laws"? You could just have said "different places have different laws", I don't think anyone would doubt you. Do go on.

      There's a whole damn library about privacy legislation throughout the EU.

      Those binding directives must be implemented into law in all of the EU countries. You can add Iceland, Norway and Switzerland to the mix. This partially translates to criminal offenses if violated and yes - systematically storing and processing personally identifiable data without permission, reason and safeguards may be a crime depending on circumstances.

      So you're saying ... what Google did might be a crime, but might not? Depending on whether it's in that "whole damn library" (hint: one or two network frames is extraordinarily unlikely to contain enough information to "uniquely identify a natural person") and whether they met just the right circumstances? I can accept that too.

      You may claim that this is stupid. I for one however rather sip a beer, sitting on a park bench on a sunny day then have my private data (including phone, financial and medical data) splattered around the world and sold to every sleazy marketoid that pays for it.

      Your priorities may differ, of course.

      I didn't claim any of what you described was stupid. Well, maybe the bit where you think it's only against the law to steal cars in most jurisdictions. And I'm pretty sure none of phone, financial, or medical data came up. I'm not sure what phone, financial, or medical data would be doing unencrypted on someone's open WAP. I know most phone, financial, and medical sites I use which have my details use SSL, so even if I had an open WAP and Google was driving past at just the right time, they wouldn't have got any of it.

      What I claimed was stupid was the idea that Google should be in trouble for collecting publicly broadcast data for the purposes of mapping out public AP locations.

    4. Re:So, your laws are universal? by Anonymous Coward · · Score: 0

      What on earth are you actually trying to say?

    5. Re:So, your laws are universal? by mcrbids · · Score: 1

      If you ever drank some of the swill often referred to as 'beer' here, you wouldn't want to drink it in Central Park, either. It's little wonder why that's a violation of law. But photography in public is pretty much a good idea, too.

      In the United States, recording Wifi information runs over two sets of laws, one of which makes it legal, the other of which is very illegal.

      On one hand, it's very illegal to break into a computer network without permission/authorization.

      On the other hand, it's perfectly legal to access *any* broadcasted radio frequency. According to the FAA, there is no restriction on the radio frequencies you are allowed to listen on. Broadcasting is another matter, but nobody's saying that Google broadcast anything.

      A wifi is just broadcasting information, and the Google van apparently was listening. So even in the United States, which set of laws apply?

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    6. Re:So, your laws are universal? by Anonymous Coward · · Score: 0

      and get rid of it.

      That's just it. The privacy groups are trying to prevent them from getting rid of it. They want to use it as evidence, even though Google wants to destroy it. Why does Google want to destroy it? Maybe it's for altruistic reasons, and maybe it's just to protect their image, and maybe for more underhanded reasons. But I think we can all agree that if they want to destroy it, then let them destroy it and make those people a little safer. Everyone already knows they have it -- no evidence is really needed.

      On a similar note, if you read TFA, you will note that some of those people admitted to sending bank and credit card information over an unencrypted WiFi connection. That's amazingly stupid. Everyone should know that by now, since it's been screamed in their ears by all of the technical people in the world for the last five years (at least). They just choose not to listen because it's "too much trouble".

      In this day and age, no one should ever be using an open WiFi connection -- not even Starbucks.

    7. Re:So, your laws are universal? by yyxx · · Score: 1

      You may claim that this is stupid. I for one however rather sip a beer, sitting on a park bench on a sunny day then have my private data (including phone, financial and medical data) splattered around the world and sold to every sleazy marketoid that pays for it.

      Google didn't access your private data, they recorded public, unencrypted WiFi broadcasts.

      And your implication that the privacy situation in Europe is better is wrong. Germany's data protection situation is atrocious: communications devices and lines need to be licensed, there is an extensive infrastructure for tracking communications and travel, there are few effective restrictions on how the government can intrude on your life, and there is a lively exchange of your personal data going on between government agencies and even the government and private organizations.

      Furthermore, until 1990, part of Germany was run by a totalitarian, highly intrusive government, so it's not like Germans have a spotless record (not to mention 1939-1945).

      One example of how careless the German government is with private data is that it not only records your religious affiliation, but it also shares that information on your passport and with your employer. For a nation that murdered millions of people because of their religious affiliation, this is an outrage.

      US privacy laws are tending towards libertarian (protection from government), European privacy laws are totalitarian (intrusive government and limiting the rights of individuals to communicate). Enjoy your beer on your park bench while you still can.

  40. Please MOD REDUNDANT every one else. by Requiem18th · · Score: 5, Insightful

    Just one of these stupid posts should be allowed per Google-SSID article. All the other ones are redundant.

    Ok, why is this stupid? Because the entire world has grown up to understand the idea that there is a difference between doing something and doing something a lot.

    There is a difference between peeking in a magazine and reading it at the store.
    There is a difference between listening to music and listening to music at 100dbls in a party.
    There is a difference between walking around naked in your house and doing so in your glass house.
    There is a difference between selling your old computer in your garage and turning your garage into a used hardware store.
    There is a difference between selling your 2 tickets to a concert you won't attend and selling your 100 tickets to the same concert.
    In fact the whole RIAA has successfully sold (or rather bought) the idea that it is not the same to share a movie with your friend than sharing it with your other hundred thousand friends.

    And yet you are unable to understand that there is a difference between broadcasting SSID and MAC addresses to let your equipment interoperate inside your home and volunteering them to a global geolocating database of the entire Internet!

    And yet you are unable to understand that there is a difference to let your neighbors see your face and having an omnipresent and omniscient entity mapping and logging every detail about you!

    These people didn't opt-in into this, they never even knew about it, and if they knew, they would have opted out.

    Google is abusing both people's thrust in their neighborhood --who could have known that Google is watching you everywhere?-- and their ignorance. Is it ok to take something from someone just because they didn't knew they had it?

    Google basically played "easier to ask forgiveness than ask permission". Are you really so incapable to realize the difference between an individual and a corporation?

    --
    But... the future refused to change.
    1. Re:Please MOD REDUNDANT every one else. by slaingod · · Score: 0, Redundant

      Google shouldn't necessarily be singled out for mapping wifi networks. There are tons of other companies doing it. Whether it is right or not, is something that should be decided categorically, not as part of a 'google is evil' campaign.

      There are plenty of real reasons to be upset at Google besides whether they saved some packets of unencrypted data that were being broadcast by a radio for anyone to see. Let's focus on those than try and drum up some fake outrage over this minor shit.

      --
      http://blog.slaingod.com
    2. Re:Please MOD REDUNDANT every one else. by Rophuine · · Score: 2, Insightful

      Ok, why is this stupid? Because the entire world has grown up to understand the idea that there is a difference between doing something and doing something a lot.

      There is a difference between peeking in a magazine and reading it at the store. There is a difference between listening to music and listening to music at 100dbls in a party. There is a difference between walking around naked in your house and doing so in your glass house. There is a difference between selling your old computer in your garage and turning your garage into a used hardware store. There is a difference between selling your 2 tickets to a concert you won't attend and selling your 100 tickets to the same concert. In fact the whole RIAA has successfully sold (or rather bought) the idea that it is not the same to share a movie with your friend than sharing it with your other hundred thousand friends.

      There is a difference between buying a t-shirt and buying 10,000 t-shirts. There is a difference between running 1km and running 100km. That doesn't make buying 10,000 t-shirts or running 100km illegal. I get that there are differences. But in general, if doing something once is legal, doing it lots is also legal. You need specific laws (noise control, scalping, and so on) to make lots of something illegal when a little bit is okay.

      And yet you are unable to understand that there is a difference between broadcasting SSID and MAC addresses to let your equipment interoperate inside your home and volunteering them to a global geolocating database of the entire Internet!

      A number of companies have done this before Google, and they're not in trouble. There's an iPhone app.

      And yet you are unable to understand that there is a difference to let your neighbors see your face and having an omnipresent and omniscient entity mapping and logging every detail about you!

      Hardly every detail about me. Actually, pretty much nothing about me (in this instance). I opted out by turning encryption on. People should be suing the companies that sold them WAPs with encryption off by default and didn't explain to them that they were broadcasting their traffic to the public by using it. Even if my encryption was off, one or two frames of network traffic is far from "every detail about [me]". I think you're panic mongering.

      Google is abusing both people's thrust in their neighborhood --who could have known that Google is watching you everywhere?-- and their ignorance. Is it ok to take something from someone just because they didn't knew they had it?

      Google basically played "easier to ask forgiveness than ask permission". Are you really so incapable to realize the difference between an individual and a corporation?

      Google is not watching you everywhere. Panic monger. Google is driving around taking photos (this shouldn't really surprise anyone) and collecting information about public networks. Not much information, by the way - a little more than they intended to, but when they discovered that they stopped it, and disclosed. I just don't get the big deal. They didn't collect anything that any member of the public couldn't. When they realised they had more than they'd planned to collect, they disclosed and started deleting.

    3. Re:Please MOD REDUNDANT every one else. by Hurricane78 · · Score: 0, Redundant

      Those do not fit into your analogy:

      There is a difference between walking around naked in your house and doing so in your glass house.
      There is a difference between selling your 2 tickets to a concert you won't attend and selling your 100 tickets to the same concert.

      It doesn’t matter if you can see into my house. The difference is between if you look into it unintentionally (e.g. by accident), or intentionally (peeping tom). It’s the intention that counts.
      I can’t punish you for walking around the corner and the house coming into your field of view. That would be very unfair.
      But I can punish you for standing outside my house in your car all day long, looking inside, and doing something under a blanket, that is obviously “jacking off”. You get the drift.

      About selling 100 tickets to that concert: There is nothing wrong with that, and there never was. It’s just that the organizing companies think it is normal to have a monopoly on it, when actually they are committing a crime with enforcing such a monopoly: Anticompetitive behavior. The same thing Microsoft and Intel got punished for.

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    4. Re:Please MOD REDUNDANT every one else. by Requiem18th · · Score: 1

      Of course! I never meant that it is always illegal, it's only when the consequences are negative that it matters,

      It is not illegal for instance to see your face when you come to my establishment. But it is illegal if I then follow you to your home, that's stalking, Google basically stalked the civilized world.

      Yes other companies have done this, I'm also mad at them.

      No, the problem isn't so much the unencrypted networks but the abuse of them, it's like saying it's OK to hack your computer because you use an insecure OS.

      Yes, "one or two frames of network traffic" is far from "every detail about [me]", I'm talking about everything else Google gets from you, from your searches to your social network and your email and chat conversations.

      No, Google *is* really watching you everywhere. Just not all the time. It's not that I want it to sound scary, it's just that it breaks people's expectations of privacy.

      You can have a bad romance, school fight, a stalker and a reputation for throwing wild parties, but you can always drive away from your problems. Move to a small town, or move within a big city and live in peace knowing that your psychotic isn't going to find you.

      But you can't run away from Google (except in an ONN article) Google is effectively omnipresent.

      That in itself is not illegal, but it is disruptive, we are not used to omnipresent beings, what you see here is one omnipresent being (the public) dealing with a newcomer.

      --
      But... the future refused to change.
    5. Re:Please MOD REDUNDANT every one else. by Anonymous Coward · · Score: 0

      "Google is not watching you everywhere. Panic monger. Google is driving around taking photos (this shouldn't really surprise anyone) and collecting information about public networks. Not much information, by the way - a little more than they intended to, but when they discovered that they stopped it, and disclosed. I just don't get the big deal. They didn't collect anything that any member of the public couldn't. When they realised they had more than they'd planned to collect, they disclosed and started deleting."

      How would you feel if Google lied about doing this intentionally and they were ACTUALLY gathering the information for various entities...how about, say, the US Government?? I'm sure you'd agree that such information could be put to really great use by politicians and law enforcement alike...

    6. Re:Please MOD REDUNDANT every one else. by yyxx · · Score: 1

      These people didn't opt-in into this, they never even knew about it, and if they knew, they would have opted out.

      You do not have a right to "opt out" of having your face recorded in public; in a democracy, other people have a right to take photos of you and publish them whether you agree or not.

      And yet you are unable to understand that there is a difference between broadcasting SSID and MAC addresses to let your equipment interoperate inside your home and volunteering them to a global geolocating database of the entire Internet!

      Google wasn't the first company to do this. In fact, I don't think they even bother anymore because there are so many other sources of information available.

      Furthermore, you're running your WLAN under public spectrum licensing regulations. Here too what you want is less relevant than what those regulations say. Historically, you didn't have any right to privacy at all for these kinds of uses; you were not even allowed to encrypt if you used the public spectrum. Recent legislation has muddied the water, but doing what you propose, making the reception of unencrypted, unlicensed spectrum illegal would be a serious problem.

      Keep in mind that that spectrum is also shared; a radio amateur can legally blast your access point out of existence with his transmission in many places. WLAN is a guest on that spectrum. If you don't like it, don't use it.

      Google basically played "easier to ask forgiveness than ask permission".

      Google didn't do anything wrong and they haven't done anything a lot of other companies haven't done as well. But even if they did, a lot of what they have accomplished is because they have been willing to move into legally gray areas and get them clarified. Without that, there would be little technological progress because technology usually creates new gray areas.

      Are you really so incapable to realize the difference between an individual and a corporation?

      And what difference would that be? Although the corporate form is being abused for all sorts of things, corporations are fundamentally just a means by which individuals cooperate. Newspapers, environmental organizations, public watchdog groups are all corporations (or similar private organizations). If you place them at legal risk for collecting and distributing public information, you threaten our entire democracy.

    7. Re:Please MOD REDUNDANT every one else. by lennier · · Score: 1

      How would you feel if Google lied about doing this intentionally and they were ACTUALLY gathering the information for various entities...how about, say, the US Government??

      'If'? You think they aren't already?

      It's entirely possible that the US intelligence community is extremely dumb, but if they're not, they will have been having quiet little talks with all the big industry players since about 2001. Put packet-level access points in ISP interconnects, sure, but why go to all the trouble of refining primary packet streams when you could get pre-filtered datasets for free?

      Google, Yahoo, Facebook, MSN are all in the business of collecting data and mining it. The intelligence boys are in the business of getting data collected and mined. It seems like it would be a logical and large customer for data services.

      Google doesn't cooperate with the Feds, you say. Ok. But doesn't the PATRIOT Act require companies to lie about any deals they may sign?

      At least, that's exactly what I would do if I were a high-level spook. But then I have a nasty sneaky suspicious mind, which spies don't.

      I'd also be having quiet words with Blackberry. Nice Canadian company, used by most large businesses, and all that email data gets routed through its servers. Of course it's all encrypted and not even the NSA has backdoor keys, right? But they have a good enough security clearance to be used by Obama, so, maybe they signed some deals too? Nah, would never happen.

      Would be a data-collection strategy worth pursuing if I were dot gov, is what I'm saying. And that's why I don't use Gmail.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
  41. Weird by Tha_Zanthrax · · Score: 1

    Doesn't "data consisting of all or part of any documents, e-mails, video, audio, and VoIP information being sent over the network by the user" mean "some random packets"? "Saving data unintentionally" is dubious but AFAIK Google just records SSIDs for non-GPS positioning. My something's-off-sense is tingling.

  42. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  43. Re:Respect the law of the country you do business by Anonymous Coward · · Score: 0

    In a lot of European countries you are (to a large extent) protected at least in your home or on your property. Even if the people doing the photography are on public (or even their own) property.

    And here's a reference to the Finnish law (unfortunately it's not available in english):
    http://www.finlex.fi/fi/laki/alkup/2000/20000531

  44. Re:That personal traffic was encrypted anyway.Righ by AHuxley · · Score: 1

    Ok so some person maps out a city and shows how many weak 'open' wifi spots exist as a project.
    Thats sort of ok as they did not keep the data.
    Google it seems did not just locate wifi points and map them, they seemed to like the MAC numbers and the packet burst too.
    What was done with the data not belonging to google?
    When the press got hold of the story, they tried to keep it very low impact.
    Its not googles call to say a network was open and to keep the data because they wanted it.
    They could have approached govs when asking for visual data collection about doing wifi triangulation ect.
    Everyday more details seem to seep out about what was done, where, the amount and quality of data collected.

    --
    Domestic spying is now "Benign Information Gathering"
  45. Honesty? by Kartu · · Score: 1

    Google discovered its error after auditing its Street View Wi-Fi data at the request of the Hamburg, Germany, data protection authority.

    Any idea, why data protection authority of the Hamburg would request such audit? http://www.pcworld.com/businesscenter/article/196372/google_stops_sniffing_wifi_data_after_privacy_gaffe.html

  46. Europe vs Google by nephosis · · Score: 0, Troll

    Am I wrong, or does it seem that the majority of Google's harshest critics are European?
    If that's the case, I suspect that Europe is just pissed off that the best internet company is American.

    Which is kind of like Americans being pissed off that the 2 most highly grossing movies of all time are by a Canadian....
    Oh wait, that DOES piss me off....

    1. Re:Europe vs Google by nephosis · · Score: 0

      I think it's funny how opinions or observations that go against the politically correct majority automatically get labeled as "Troll", even when an attempt at humour (albeit dry) is made. I do like /. but it's really disappointing to me how only one kind of opinion is allowed to be represented. I should just stop reading the comments since I'm apparently unwelcome to participate in them...

  47. Re: by Anonymous Coward · · Score: 0

    From the UK Wireless Telegraphy Act 2006:

    48 Interception and disclosure of messages

    (1) A person commits an offence if, otherwise than under the authority of a designated person--

    (a) he uses wireless telegraphy apparatus with intent to obtain information as to the contents, sender or addressee of a message (whether sent by means of wireless telegraphy or not) of which neither he nor a person on whose behalf he is acting is an intended recipient, or

    (b) he discloses information as to the contents, sender or addressee of such a message.

    (2) A person commits an offence under this section consisting in the disclosure of information only if the information disclosed by him is information that would not have come to his knowledge but for the use of wireless telegraphy apparatus by him or by another person.

    -- http://www.opsi.gov.uk/acts/acts2006/ukpga_20060036_en_5#pt2-ch5-pb2-l1g48

  48. Public frequency by Bert64 · · Score: 1

    Collecting wireless traffic should not be illegal...
    The frequencies used by wifi are open for public use, so if traffic can be received from a public area like the road there should be nothing wrong with someone receiving it. So long as you don't try to send any data to someone else's network, or try to crack any encrypted data you receive.
    Simply by walking around my phone picks up wireless signals, it keeps track of wireless networks its used before and will try to connect to them if it needs to.

    --
    http://spamdecoy.net - free throwaway anonymous email - avoid spam!
  49. It's their law, so respect it by theolein · · Score: 1

    You, personally, Mr. Rophuine, may object to the EU data privacy laws, which is your right, and you wouldn't be alone, because ISPs are required by law in most EU nations to record internet connections and protocols for up to 6 months and many are unhappy with that, but it is their law, not yours. Not only that, but those governments are elected governments and by and large, people are happy with those laws. Until the courts decide on the case, Google is innocent, but if they do decide that Google is guilty, then Google should accept the punishment if it wants to continue to do business in the EU in general and Germany in particular.

    1. Re:It's their law, so respect it by Rophuine · · Score: 1

      I don't disagree with any of that. I think you're quite right. But I think any law which creates an expectation of privacy in unencrypted wifi data is objectionable, because it criminalises things which people may expect to be legal. For example, surveying an area for public wifi spots.

    2. Re:It's their law, so respect it by dzfoo · · Score: 1

      >> For example, surveying an area for public wifi spots.

      Perhaps that is as it should be. Remember, if people are expecting it not be allowed now (which is why they are complaining), why would this they be expecting it to be legal?

            -dZ.

      --
      Carol vs. Ghost
      ...Can you save Christmas?
  50. Not just SSIDs by theolein · · Score: 1

    According to the news reports, Google has been recording actual unencrypted data transmitted, be it email, web requests, chats etc. This is highly illegal in most places and would probably not go down well even in the US where the data privacy laws are less strict.

    1. Re:Not just SSIDs by MikeFM · · Score: 1

      You pick up a megaphone and scream out your 'private' message to everyone in the neighborhood and if I write it down it's a crime? Anything collected by passively listening on public airwaves is by definition not private. If you want privacy and didn't use encryption then you're an idiot. It's kind of like a Starlet that publicly wears short skirts and no panties complaining because somebody took a photo of her bare ass. Completely different than somebody hiding a camera in their home. Don't they have a reasonable definition of privacy?

      --
      At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
  51. I thought they were just collecting the MACs by Joce640k · · Score: 1

    So that Google maps could figure out where you were by looking for nearby WiFi MAC addresses.

    Hope nobody ever moves house and takes their router with them, that could cause a few glitches...

    --
    No sig today...
    1. Re:I thought they were just collecting the MACs by AHuxley · · Score: 1

      But your MAC moves with you :)

      --
      Domestic spying is now "Benign Information Gathering"
  52. Because of the money by theolein · · Score: 1

    The European market is pretty big, bigger than the US and both Google and Microsoft make an enormous amount of money here. If they didn't they would surely cut their losses and leave.

    1. Re:Because of the money by DamienNightbane · · Score: 0, Flamebait

      It may be a bigger market, but the overhead is fifty times worse, and that's not even factoring in the huge difference in taxes.

  53. Yes, but not in that jurisdiction by theolein · · Score: 1

    It might be news to you, but Google employs local lawyers, as do most large corporations, and the lawyers know the laws concerning data privacy. Making a butt stupid analogy about peering into windows is about as useful as the braindead fucks who make a car analogy about computer products. The courts will decide this matter here, and I suspect that Google will not get off lightly.

    1. Re:Yes, but not in that jurisdiction by QuantumG · · Score: 1

      So why are you replying to me idiot? Look at the parent post.. or do you not understand how threads work?

      --
      How we know is more important than what we know.
  54. Shouldn't they be suing the router manufacters by Joce640k · · Score: 1

    They're the ones responsible for everybody broadcasting the evil information by default. Even if we sue Google the real criminals can still just drive down the street and collect it.

    --
    No sig today...
    1. Re:Shouldn't they be suing the router manufacters by Johann+Lau · · Score: 1

      Shouldn't they be suing the router manufacters
      They're the ones responsible for everybody broadcasting the evil information by default.

      No. Just like you don't sue the manufacturer of a door because they delivered the door to someone who then didn't lock it.

      You sue the guy(s) who broke the law, not every single entity that could have done "something" to prevent that from happening.

      If sniffing and recording this information is illegal in some EU countries (no idea if it is), then the fact that it was sent unencrypted does not matter at all.

      Even if we sue Google the real criminals can still just drive down the street and collect it.

      And if you don't, how can you then go after those "real criminals" without them pointing to this?

  55. Excuses by AMindLost · · Score: 1

    A lot of comments seem to excuse this as a mistake, as if Google sent out their vehicles, collected the data and simply left most of it to one side because "they didn't know what it was". You don't think they analysed all of this data to death to see what it was, if it was useful to them in any way now or in the future? They kept a huge amount of data in storage for three years even though it was useless to them? I don't believe that for a second.

  56. Re:Respect the law of the country you do business by Rophuine · · Score: 1

    Turns out (reference: a bunch of pages I got by googling "photography laws in germany", which all agreed) that you can take photos of people in public without their consent. You need their consent to publish photos of them, if the person is recognizable and the subject of the image.

  57. Re:That personal traffic was encrypted anyway.Righ by Rophuine · · Score: 1
    I just want to address one line of that.

    Its not googles call to say a network was open and to keep the data because they wanted it.

    You're completely right. It's the network owner's call. And when the network owner set it up as a closed network, Google respected that (they could easily have collected that data too and taken it back for decryption: a single home PC is powerful enough to break WEP encryption, I'm sure Google could manage that). When the network owner instead set it up as an open network, Google took a peek. Because, you know. It was set up as open.

    These people need to sue the person who sold them a WAP which was set up by default to broadcast unencrypted to the public.

  58. if this goes through by QitUP · · Score: 1

    Everyone who has ever used any wifi device to scan for a wireless network is going to be sued. Funny how you can be sued for not breaking the law.

  59. Re: by Rophuine · · Score: 2, Interesting

    (a) he uses wireless telegraphy apparatus with intent to obtain information as to the contents, sender or addressee of a message (whether sent by means of wireless telegraphy or not) of which neither he nor a person on whose behalf he is acting is an intended recipient, or

    If this is intended to apply to wireless networks and collecting unencrypted frames, that makes any use of a wireless network with more than two connected computers illegal. If you see a frame on the network and you collect it, but it wasn't intended for you, you've committed a crime. If you don't collect it, you don't know whether it's for you or not. Fortunately, the law says "with intent to obtain ... blah blah". To be guilty of this, Google would have to have intended to identify the sender, addressee, or contents once they knew it wasn't intended for them, which by all reports they didn't. They were only intending to collect the SSID from networks which broadcast it publicly.

  60. Re:That personal traffic was encrypted anyway.Righ by GrumblyStuff · · Score: 1

    I'm still trying to figure out (uh.. without RTFA) why Google would be collecting traffic in the first place. Open WiFi spots, sure, I guess. Sharing is caring might be the motto of the owners of those devices but slurping up all the data that went over them? Why?

  61. Probably why done / how will be used / why no prob by Anonymous Coward · · Score: 0

    Probably it's something like this.

    When you walk around with your Android mobile phone/pad in the future (or when you are installing your Google TV maybe), it will constantly be sniffing nearby networks names (and maybe MAC addresses but doubtful) and the phone will know where it is by sending the name to Google. Google will know where your terminal is too.

    To do so, Google needs a database of network names.
    Considering that in the wireless digital age, this is the equivalent of displaying the number of your street address on your door, it is probably not a big deal.

    Probably Google made an RFP for the work and the people who implemented it thought it would be easier to datamine whatever it captured afterwards, instead of trying to write a perfect filter that would only catch network names. If the filter was broken they'd lose a lot of work driving around.

    Probably they (predictably) ended up with a bunch of data from networks in the clear and when the word started getting around people began to make a fuss. If they admit it was to be deleted within some days once the processing was done to grab network names, they would make a bigger fuss. And then there is the question of who really is doing the driving around and are they to be trusted.. well maybe not.
    This is a bit of a gray area, much like the scanning books without permission gray area. Fact is, if you want to drag a nation or a world kicking and screaming into the matrix era, you have to do things like this. I wouldn't trust most companies, but Google still has some cred.

    Also it is possible the policy was made in a locality where it is not against the law but that it is not legal in another locality.

    Undoubtedly any revelations as to actual procedure will end up in further negative PR.

    It would be logical and humane to just let them off, while explaining exactly what is and is not allowed. Is it allowed to grab network names from the air (while throwing out everything else in real time, or maybe within 1 week) when any phone will be doing the same thing? Lawsuits and seeking of damages will only be attempts to gouge Google to fill out the municipal budget and is probably not in the public's best interest, with the exception of making a strong precedent to limit what anyone else might do in the future.

    One question is, what about a program on a wireless device in the home that reports the network name, etc. back to Google or some other company or government entity? There are a lot of such devices in the home already and there will be more of them.

  62. Ireland - Data Privacy Commissioner by ei4anb · · Score: 1

    The Irish Data Privacy Commissioner told Google to delete the data it had collected here and move along. http://www.independent.ie/business/technology/google-plays-down-privacy-fears-2185516.html

  63. Sue ISPs next? by noidentity · · Score: 1

    Why don't they start suing ISPs next, as they record various data about every single packet you send! It's erased at some future point, but it's recorded for some period of time in the various buffers of the routers and switches along the way. Google is erasing this data now, which means it was also temporary. Hell, in Google's case this data was collected from signals in the air, whereas the ISP is tapped into your physical connection!

  64. Total information awareness by Fractal+Dice · · Score: 1

    The network logging news doesn't exactly look bad for the conspiracy theorists who think Google is just the public arm of the government's "Total Information Awareness" program.

  65. Public sound waves by khchung · · Score: 1

    By your logic, recording any sound waves in public should also be ok.

    So you are fine someone stays outside (in the street) a restaurant you frequents, and put a set of parabolic dishes and records the conversation of every table inside? How about driving a van with a set of dishes with automatic homing on any conversations received? Along with a camera that also "passively" receiving the photons that bounced off people's face from that conversation also?

    After all, he didn't send any sound waves to you, nor crack any codes you were using in your conversation. And the frequencies used by human voice are also open for public use.

    That's must be ok too, right?

    --
    Oliver.
  66. Google is evil by JeffSpudrinski · · Score: 3, Insightful

    Google is evil. Period.

    Why do people insist in acting surprised when they find that Google can't be trusted. Google's object is to know as much as possible about YOU. They will find that out, then attempt to find ways to exploit that information without actually doing anything illegal. They got caught in this instance and realized that they should tell someone they did it rather than a whistleblower...which would have been even worse.

    Greed = Google.

    Just my $0.02.

    -JJS

    1. Re:Google is evil by musicmaster · · Score: 1

      I don't agree with much of what you said. But based on my recent experiences with Google Adsense I agree that Google has lost its moral compass. First they accused me of hosting illegal music and when I proved that that was not true they simply to my Adsense account away for having changed the color of my ad.

      Disgusting...

  67. So.. by Sollord · · Score: 1

    I know people love all the drama but just how much useful or use able data can you record from an unprotected wifi connection as you drive by or even as you sit at a red light for a minute? Were not talking about some fancy wardriver setup but something geared for logging wifi locations on the move that also happened to record random data. I'm of the high unpopular opinion that if you can't be bothered to use a secured wifi setup you shouldn't be able to bitch or whine or sue over it as you obviously don't care enough about your privacy to take a basic effort to secure it but since clearly Mr. Money bags Google is at fault for you being a fing retard it is not you fault since you can maybe get a few bucks now after all. Greed is what makes the world go round.

  68. Re:The creepy guy... (was: Re:Google shouldn't wor by Rophuine · · Score: 1

    That may be - but if he got caught, he wouldn't be able to hide behind 'by mistake' or any other excuse.

    I don't believe he should have to. We're talking about unencrypted information which people are broadcasting to the public. I don't listen in on the conversation of the couple sitting in front of me on the bus, but at the same time, they don't have an expectation of privacy, and I'm not breaking the law if I DO listen. An open, unencrypted AP is a public network space. Anyone who has an understanding of the technology realises that open APs provide no privacy, and so nobody should expect any. It's like pinning personal letters up on the local library noticeboard and being surprised when people read them. If we react to situations like this by saying "no, people SHOULD have privacy" then we reinforce to the un-tech-savvy that they can turn encryption off and expect privacy. It just isn't true.

    Also, do not forget, that you and me may know enough about hardware/software and how to configure our WiFis to be encrypted, password-protected, ... But do not assume that most people out on the street would KNOW this, or even be aware of the problems connected with it - the law needs to protect those people, too.

    At the risk of a car analogy... If I fail to maintain my brakes, they fail on me, and I kill somebody, the law doesn't car that I don't understand car brake systems. The law expects me (to protect myself and others) to either learn, or pay someone to do it. Anyway, when I signed up for my ISP about two years ago, the WAP they sent me came pre-configured with WPA2. The key was printed on the bottom. The days of needing to understand wireless encryption are (partly? mostly? hopefully?) over. The law shouldn't tell people that they can expect privacy when a 12-year-old with free-off-the-net software can see what they're doing.

    If you enter someone elses house uninvited, but hey - the door was open - and then leave, while taking some fairly private details (copies of receipts, ... other information that might be relevant for ID theft). Do you really think, if you got caught, a court would let you get away with "well, the door had been left open...", or do you think, you would still get convicted (it wasn't your premises, you had no right of being there) - you might get some small relief out of the owner of the property not protecting it (by locking the door), but it would still be illegal to enter uninvited.

    A wireless network isn't a home. There are lots of wireless networks which the owners are happy for me to use: they send me to a page where I can buy internet access through them with my credit card. There are some consumer-grade WAPs you can buy which do this out of the box! If there are some out there I'm allowed to use, and some I'm not, how do I tell? By looking at whether it's open or requires a key. If it's open, I assume I'm allowed to use it.

    The thing I don't get about google, is how they can claim that it was by accident. Sure, it was by accident, we started some software that would take dumps of data-packets and store them, when all they wanted to do was just take photos.

    Google provided an explanation of this on day one. They were mapping public (= no key required) APs. Several other companies do this as well! Unfortunately, the library they were using to do it just stored the whole frame containing the SSID. This meant that sometimes it would contain incidental network traffic.

  69. It's your own fault, for not making it invisible. by Hurricane78 · · Score: 1

    Just set your hotspot to invisible after having them as “known” in your client devices, and be done with it. That way the thing does not send that information to random strangers.

    But hey, I don’t see anyone doing anything harmful to my network, just because he got the name of it. If that poses a security risk, you’re already “doing it wrong”.

    Right now, even getting into the hotspot won’t do anything, unless you can log into the VPN behind it.
    (Yes, luckily, the thing is separate from my Internet router.)

    --
    Any sufficiently advanced intelligence is indistinguishable from stupidity.
  70. Sue for stealing light by jesseschulman · · Score: 1

    What's next? Are you going to sue your neighbor for reading a book at night outside on their porch using light they "stole" from the lights on the outside of your house? Get real.

  71. Re:That personal traffic was encrypted anyway.Righ by Rophuine · · Score: 2, Interesting

    They didn't slurp up all the data that went over them. They grabbed one or two frames from each network, to get the SSID. They just didn't filter the rest of the packet out at the time, so they may have stored some incidental, unencrypted, and publicly broadcast traffic as well. If you had encryption turned on, they respected your apparent desire for privacy and didn't even store the SSID.

  72. Re: by Anonymous Coward · · Score: 0

    I read this slightly differently. Receiving and discarding packets within the network interface is permitted. However, any promiscuous wifi sniffing is strictly prohibited.

    Unlike Germany, the use of open wifi spots is allowed. However, determining whether a spot is open accidentally or intentionally is impossible.

    Furthermore, even if you are using an intentionally open wifi spot for its intended purpose, disclosing any details about it to any third party is strictly prohibited. This includes its proximity because "the information disclosed by him is information that would not have come to his knowledge but for the use of wireless telegraphy apparatus".

  73. "It's only a SSID" - didn't rtfa, eh? by Animaether · · Score: 1

    I don't see how this is bad. It's only a SSID.

    The point is that it wasn't just the SSID that was stored - the datablocks of the fragments were stored as well.. that means any data that was sent over the wireless was captured - both encrypted and unencrypted.

  74. What? by justinlee37 · · Score: 1

    You seem to think that burglary, rape and murder are all new things. If people could leave their door unlocked before without worrying, it was likely because the population was spread so thin that they either didn't have to worry about random folks trying to open the door, either because they lived out in the woods next to no one or they lived in a small community where it would be difficult to commit a crime and get away with it because there would be so few suspects.

    I agree that it would be nice not to worry but let's try to avoid viewing the past through rose-tinted glasses. Do you think that castles had moats, drawbridges, towers and murder holes just for looks?

  75. *sigh* why am I not surprised by Anonymous Coward · · Score: 0

    Why am I not surprised that the *first* reaction in the USA is to sue :(

    It seems to me, being from a different country, that most Americans are actively on the lookout for anything they can sue over and, thus, play the lawsuit lottery to try and get a large amount of money without having to actually work for it. The American legal system is seriously messed up! And yes, I call it the legal system because there is absolutely no justice in either the civil or criminal systems.

    To paraphrase a quote, the most terrifying thing I can think of is the USA "liberating" me from my terrible, and democratically elected, government.

  76. Ho hum by Anonymous Coward · · Score: 0

    Let's see.... we create a technology that is, at its very base design, security and privacy compromised. Not to mention overloaded in terms of RF channel space. Then we mass market the thing and basically give it away to all internet subscribers (many ISPs DSL/cable modems are also WAPs). All this with only a modicum of direction to the user about what info is being broadcast and what the vulnerabilities are.

    Top all that off with a massive indifference from the subscribers about others piggybacking on their connections.

    So this result is shocking and appalling because.... why????

    Has anybody discussed the usable lifetime of this information? I would imagine the half-life is 2 to 3 yrs at most. People move, change technologies (computers, WAPs, GtoN, ISPs, etc), or just change their settings. Also, pop/imap email passwords have always been at risk on plain text connections; this just highlights the fact.

    Although I don't like the idea of any personal info being glommed onto by anyone, the value of this info is far less than other info being routinely gathered everyday. Banks will tell you they need to record your drivers license for ID (most circumstances they just need to ID you and record who did the ID). Sports orgs will tell you they need your health care number in case your child is injured (they don't; most orgs use the number as a primary index to catch duplicates and ringers). DL and health care numbers are primes for identity theft.

    Now who should be sued? Google, Cisco/Linksys, DLink, standards organizations, and government regulators all share part of the blame for the WAP mess but instead of sueing we should acknowledge the current situation and either give it up as a lost cause or work towards better connectivity security.

  77. How is she even still employed? by AltairDusk · · Score: 1

    "Van Valin works in a high technology field, and works from her home over her Internet-connected computer a substantial amount of time," the complaint read. "In connection with her work and home life, Van Valin transmits and receives a substantial amount of data from and to her computer over her wireless network. A significant amount of the wireless data is also subject to her employer's non-disclosure and security regulations."

    A.) She should know better than to leave her WiFi unencrypted if she works in a high technology field.

    B.) She is subject to non-disclosure and security regulations and she is doing work over open WiFi?! Not only is this lawsuit ridiculous she should be fired! There is absolutely no excuse for not encrypting your wireless network when you're using it for sensitive work.

    If they actually win this lawsuit I will lose any shred of faith I once had in the US legal system. Here in the US what Google did is not against the law, furthermore people in this country need to start taking some responsibility upon themselves and not try to blame everyone else when something goes wrong. If you don't understand how to configure the router (which is extremely simple with the wizard software provided with the router nowadays) then pay someone who does to configure it for you. Otherwise don't complain when others can access it.

    For those who still don't get it, would you grab a CB radio and start yelling your bank information into it for anyone on the channel to hear? No? Didn't think so. This is the same idea.

    1. Re:How is she even still employed? by Antisyzygy · · Score: 1

      She works in a high technology field and yet she doesnt know how to secure a wireless network? WTF. She is an absolute dilettante moron.

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
  78. Unintentional? Bull Shit!! by realsilly · · Score: 1

    If you're collecting data you must know how to store it. And IP addresses are pretty discernable. So regardless of the stupidity of the general person leaving their WiFi unprotected, Google knew. They have brilliant minds at Google, ignorance of this SNAFU is complete and utter Bull Shit.

    I agree people need to close off their WiFi to protect personal data, but Google knew what they were doing.

    --
    Life takes interesting turns, but the most interest is when you're off the beaten path.
  79. Disclosure = Punishment by Fuseboy · · Score: 1

    The reaction to this case is a case study for why other firms will choose to be less open about these sorts of things. What if Google had discovered the problem, deleted the data and not reported it to anyone? Now that they've gone public - which I assume was to improve their reputation as a privacy-respecting company - everyone who feels offended is taking a shot at the crosshairs Google has painted on itself. What lesson is this teaching the corporate community? There are a lot of people who will see this as a disclosure SNAFU, not a data collection SNAFU.

  80. Thank you by Thraxy · · Score: 1

    Thank you all for commenting. I hope you've enjoyed this snippet from my book "How Google Became My Creepy Neighbor". Other projects I'm working on include: "Get Your Website Blocked In Pakinstan for Dummies", "Germany Invaded My Software Project" and "Slashdot Doesn't Support Unicorns". For more information on my books and where to purchase, please step outside for a moment and enjoy the fresh air and sunshine. Disclaimer: I am not directly responsible for lack of fresh air and/or sunshine in your area. Please contact your local provider.

  81. Re:Unintentional? Bull Shit!! by Antisyzygy · · Score: 1

    Its not uncommon for people to make mistakes. Your assumption that people at Google are brilliant may be true, but even brilliant people sometimes screw up. STFU.

    --
    That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
  82. Re:The creepy guy... (was: Re:Google shouldn't wor by natehoy · · Score: 1

    But do not assume that most people out on the street would KNOW this, or even be aware of the problems connected with it - the law needs to protect those people, too.

    But a law cannot protect anyone from the data being intercepted by someone who intends harm. The only realistic way to protect someone from this is to teach them to protect themselves.

    --
    "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
  83. A new defense against the MPAA/RIAA? by catmistake · · Score: 1

    So... the RIAA discovers that you've been illegally sharing copyrighted music over your unprotected wireless network. They were able to track you down by gaining access to your unprotected wifi network. Now they want thousands of dollars to settle. But because of this new precedent set by whomever is suing Google (should they win), you can counter sue the RIAA for $10,000 for EACH time they accessed your network.

    Thanks, Google, for taking one on the chin. Some say you're stupid, but I say you're stupid like a fox!

  84. Carelessness is not an excuse by Anonymous Coward · · Score: 0

    Why should Google be forgiven for being careless?

    They're a company making software with professional software engineers, right?

    And those software engineers have been trained in how to develop and test software, right?

    Google has some sort of Q/A process that evaluates software before it ships, right?

    Oh, you mean Google doesn't do all of the above?
    And that the software development process at Google is more like that of Linux?
    Shame on Google for not implementing better software lifecycle procedures and internal development methodologies.
    Sorry, I'm not going to forgive Google for making a slip up just because it allows Google to get away with implementing a cheap and nasty software/product development lifecycle.
    Would you forgive your doctor for screwing up? No, you'd sue them.
    Why should Google be any different?
    They're a company, supposedly a collection of software professionals producing high quality software.
    Oh, everything they produce is in Beta?
    That's no excuse. Google need to get it right or get out.

  85. Google needs to respect the law where it operates by Anonymous Coward · · Score: 0

    What you fail to understand is that Google needs to respect the laws of every nation in which it operates when it is operating there.

    Just because some American law allows Google to do what it did does not allow it to break the law when it is operating in Germany. There it must abide by German laws. Apparently German law makes what Google did illegal.

    So it doesn't matter if the wireless networks were insecure or not, Google should have (through due diligence) made sure that it was operating in accordance with the local laws in Germany and understood how those laws applied to the activities that it is/was undertaking. If it failed to exercise due diligence and recognise beforehand that it would be breaking the law, that is not an excuse that will hold up in court. Ignorance of the law is not an excuse when you're a company of the size of Google.

    But here's the conundrum for Google: do they go public with a faux-pas like this or keep it internal and hide it, only for someone internally who disagrees with what happened to anonymously leak it onto Wikileaks?

  86. unreasonable obsession with Google by yyxx · · Score: 1

    Google got caught, that's what's the difference.

    Google didn't get caught, they simply were truthful. They didn't have to give access to German government officials, and they could have just quietly erased the data when they found it.

    The thing I don't get about google, is how they can claim that it was by accident. Sure, it was by accident, we started some software that would take dumps of data-packets and store them, when all they wanted to do was just take photos.

    Google recorded WLAN information in order to help with geolocation. Software that does that routinely records the payload as well. Lots of other companies have done the same thing (minus Streetview) and some of them almost certainly did the same thing that Google did, because it is a standard software function. An iPod Touch and an iPad know where they are, even in Germany, because Apple is using such a database from some vendor.

    But that wouldn't have required storing the data.

    Google's data is evaluated on their servers, not in the cars. That's why they record all the information in the cars in raw form and then take it to their servers. That's the only reasonable way to do this kind of owrk. And there was no obvious reason not to store the data: it's public, unencrypted data. By law, such data cannot contain private information in Germany or the US. So why shouldn't they have stored this data?

  87. Unencrypted poster or wifi whats the difference by Anonymous Coward · · Score: 0

    So you hang a poster out your window and you expect no one will take a picture of it?

    What's the difference between an unencrypted poster or wifi, the wifi is actively transmitting electromagnetic waves and the poster is only passively reflecting electromagnetic waves.