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."
If they lose the class-action suit they'll just have to pay the lawyers and give out discount coupons for Google search.
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?
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
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!
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.
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.
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!
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."
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
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.
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.
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.
We have....
And they're complaining because Google sniffs small bits of unencrypted network traffic? I'm a privacy advocate myself, but this is utterly rediculous.
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".
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.
"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.
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
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.
(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.
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
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.