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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."

25 of 418 comments (clear)

  1. 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 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.

    2. 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!"

    3. 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.

    4. 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.

    5. 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.

    6. 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.
    7. 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.

    8. 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.

    9. 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.

    10. 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.

    11. 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.

  2. 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
  3. 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!
  4. 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.

  5. 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.
  6. 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 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.
  7. 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
  8. 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.

  9. 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.

  10. 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.

  11. 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

  12. 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.
  13. 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