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Google Settles Buzz Privacy Suit

bouldin writes "This evening, Google e-mailed Gmail users who had been invited to Google Buzz to advise of settlement on a class-action privacy suit. The class action suit alleged privacy breaches due to the default privacy settings when Google rolled out the service. Terms of the settlement include $8 million to cover lawyer fees and fund privacy policy education on the Internet, but do not include cash payouts to Gmail users. With several outstanding class action privacy suits against Facebook and Zynga, it is interesting to see Google set this precedent."

42 of 165 comments (clear)

  1. I for one by ColdWetDog · · Score: 4, Insightful

    welcome our new, eight million dollar richer, lawyer Overlords.

    --
    Faster! Faster! Faster would be better!
    1. Re:I for one by bonch · · Score: 3, Funny

      The winners were users, who made a powerful, Microsoft-esque company that much more wary of violating privacy.

    2. Re:I for one by Anonymous Coward · · Score: 2, Funny

      Advised by A. Bastard, Grabbit & Runn, LLP...

    3. Re:I for one by N1AK · · Score: 5, Insightful

      Crazy isn't it. I got this same email (as a UK resident it has no relevance to me) and find the whole concept so totally distasteful.

      Some lawyers received $2,125,000 for suing Google and getting their clients (all american gmail users) no compensation at all. How can people tolerate the idea that a lawyer is profiteering in their name (if you use Gmail and are American you were included in this settlement). Class action lawsuits like this seem to exist as a way for lawyers to extort companies, it certainly had nothing to do with compensating the people who allegedly had their privacy invaded. I doubt if you asked the people who this lawsuit was in the name of they would have thought settling for $0 compensation, $6.275mil privacy group funding and $2.125mil lawyer bonaza was acceptable. In Fact how on earth is it ok for the lawyers to settle without the agreement of the person the suit is in the name of!?

    4. Re:I for one by thomst · · Score: 2, Insightful

      I agree completely. I think, as a group, we should OBJECT to the terms of the settlement because as the aggrieved parties, we were never in anyway contacted by the attorneys in question, never gave implicit or explicit permission for them to represent us, and are currently sharing none of the windfall. Some lawyer among us should draft and official response that we can all cut and paste. Ten or twenty objections will be blown off. Ten or Twenty thousand will not.

      Sorry, but it doesn't work that way.

      You can object all you want, and it will have NO effect. A settlement has been reached and that's the end of that ...

      ... HOWEVER, the email we all received includes a link that permits each of us, as an individual, to OPT OUT of the settlement. By opting out, we, in effect, each, individually, make the statement that "these lawyers do NOT represent ME, and I accept no blame or responsibility for this shyster-enriching settlement, nor am I satisfied with its outcome." As an added bonus, opting out preserves your individual legal options for future action, which also sends a message to Google that the fat lady has yet to sing on this issue.

      Unfortunately, opting out won't reduce the ambulance chasers' take by a single dime, but as a vehicle to express your distaste at the terms of the settlement in a legally-meaningful way, it provides at least some moral satisfaction - and it puts Google on notice that taking the easy way out isn't necessarily going to benefit them, either.

      Just my $0.02, fwiw.

      Oh, and, for the record, IANAL.

      --
      Check out my novel.
  2. They automatically notified anyone with an account by DWMorse · · Score: 4, Funny

    They sent me an automatic message into my two Gmail accounts.

    Which were then, ironically, filtered into the 'Spam' folder automatically. How awesome is that?

    --
    There's a spot in User Info for World of Warcraft account names? Really?
  3. Precedent? by Kirijini · · Score: 4, Informative

    What precedent? Settling a privacy class action suit by promising to pay millions to fund some kind of privacy foundation, and no payment to individual users?

    Facebook did that last year when it settled the class action suit over its "beacon" program.

    1. Re:Precedent? by Skarecrow77 · · Score: 3, Insightful

      "oops, we harmed you. we admit it. our bad. So uh, we're legally liable for it, but we've decided to pay somebody else. you know, someone who's not you. just letting you know."

    2. Re:Precedent? by jason.sweet · · Score: 5, Funny

      Yeah. You would think we would at least get some free email, or something.

    3. Re:Precedent? by EdIII · · Score: 4, Insightful

      Well I hear in Zynga's lawsuit their proposed settlement includes the ChickenHawk (+150 ATK,+150 DEF) for Mafiawars, and 10 free chickens in Farmville.

  4. even if they gave me money by __aatirs3925 · · Score: 4, Interesting

    Even if Google said I could get $50 from the lawsuit I wouldn't accept it. I have no reason to take Google's $50 when it was up to me to learn about my privacy on Google Buzz. Plus, Google has done so much for me in the past that it would be like stealing money from a friend. Cannot do that. Freakin lawyers, bunch of [my attorney has advised me not to complete this sentence].

    1. Re:even if they gave me money by hawguy · · Score: 5, Insightful

      It shouldn't be up to the user to "learn about my privacy" and how to control it -- it should be incumbent upon the company that holds my personal data to not release it without my explicit consent. Revealing to the world who I chat and email with the most was not a smart move on their part.

      If I post something on my Facebook wall, I expect the world to be able to see it - even if I've only allowed my "friends" to see it, I understand that I have no control over the data after my friends see it.

      However, if I send a lot of emails to my ex-girlfriend, I don't want my wife to find out about it when she sees my Google Buzz followers.

    2. Re:even if they gave me money by santax · · Score: 2, Funny

      So tell me, how many days of you get at google per year? :)

    3. Re:even if they gave me money by MrEricSir · · Score: 3, Insightful

      Look, I enjoy Google's products as well but I think you're missing the point here; Google Buzz automatically took everyone on Gmail and published their contact list to the public.

      What kind of friend gives away your private information without your permission?

      --
      There's no -1 for "I don't get it."
    4. Re:even if they gave me money by bonch · · Score: 2, Insightful

      Could you take your lips off Google's ass for a second and acknowledge that it shouldn't be the burden of the user to navigate a company's privacy settings just to avoid having their email history revealed to the world? There's a reasonable expectation that a product or service you use won't exploit you or your personal information. Not accepting the money just makes you an embarrassing corporate tool who is saying, "Feel free to disregard my privacy, Google!"

    5. Re:even if they gave me money by Mr.+Underbridge · · Score: 2, Interesting

      Freakin lawyers, bunch of [my attorney has advised me not to complete this sentence].

      I believe the term you are looking for is "motherfuckers".*

      *This statement protected by the decision rendered in Falwell v. Flynt.

    6. Re:even if they gave me money by ZeRu · · Score: 2, Interesting

      And don't forget that Google owners don't refer to its users as "dumb fucks".

      --
      If you post as an AC, don't expect me to spend a mod point on you.
    7. Re:even if they gave me money by znerk · · Score: 2, Insightful

      So tell me, how many days of you get at google per year? :)

      Uhm... what?
      -1, Unintelligible.

      --
      This work is licensed under a Creative Commons Attribution 3.0 Unported License.
    8. Re:even if they gave me money by JackieBrown · · Score: 2, Informative

      Could you take your lips off Google's ass for a second and acknowledge that it shouldn't be the burden of the user to navigate a company's privacy settings just to avoid having their email history revealed to the world?

      The user's email history was not exposed. The profile (account name) was.

  5. Re:Lawyers and Consultants keep the cash! by Goody · · Score: 3, Informative

    Opt out of the settlement and sue them yourself to get your justice.

    --
    Tired of being "punished" by the Slashdot $rtbl since 2002. I'm now over at http://soylentnews.org/ .
  6. I will likely opt out. by Slutticus · · Score: 2, Interesting

    One never knows when one may want to sue Google over privacy concerns. This is a good way for them to put a blanket over millions of potential future lawsuits.

  7. Get what you pay for. by geekmux · · Score: 2, Insightful

    "...With several outstanding class action privacy suits against Facebook and Zynga, it is interesting to see Google set this precedent."

    Just goes to show you that as with most free services, you get what you pay for. And they (lawyers) get what they "paid" for.

  8. Lawyer Payment by Omniscientist · · Score: 2, Interesting

    The lawyers are taking home 25% of the 8.5 million (plus interest), plus reimbursement of costs and expenses, according to the class action website.

    Frankly, if I had to choose between a company keeping the money it has earned versus going to a random group of lawyers, I'd go with the former. Maybe I'd be more for punishing an organization financially if they were engaging in risky behavior and refusing to stop; however, from what I can remember about the incident, Google apologized and shut the thing down quickly (I'm not 100% on that, though).

    1. Re:Lawyer Payment by Jimmy+King · · Score: 2, Interesting

      Maybe I'd be more for punishing an organization financially if they were engaging in risky behavior and refusing to stop; however, from what I can remember about the incident, Google apologized and shut the thing down quickly (I'm not 100% on that, though).

      While I think the lawyers are just in it for the money for themselves and don't deserve this huge chunk of cash, an argument could be made that Google IS engaging in risky behavior and refusing to stop. I don't think any of this is an accident. I think Google (or at least someone at Google) tries to slip this stuff in just to see if they can sneak it by, then when users catch it they apologize and remove it and claim it was a mistake. The first time, sure, it may have been a mistake where some boilerplate legal bs got thrown in there. But in the last few years things like this have happened with Buzz, Chrome, and Streetview off the top of my head. It seems like there may be 1 or 2 more, but I'm not certain.

    2. Re:Lawyer Payment by delinear · · Score: 2, Interesting

      While I'm loathe to support the enrichment of lawyers, the reason option 1 (letting the company keep the money) wouldn't work is that, at the moment, many companies knowindgly sail as close to the edge as they dare or even engage in illegal conduct, but not if they think there's a good chance of being caught/punished. Remove the lawyer element and there's no real check on what a company does, not to mention a lawyer who can scent money is probably quite a vigilant watchdog to sic on companies. It might be better if government had some checks and balances in place to prevent illegal behaviour on the part of the companies in the first place, but we know that's unlikely to happen (or at least effectively), and even where it does, companies are creative enough to find the loopholes faster than a lumbering government can close them down.

  9. Important: Read This! by QuantumG · · Score: 3, Informative

    First of all, this only affects US citizens.

    If you used GMail after February 9, 2010 then you *must* opt out of this settlement or you will lose your right to sue Google for privacy violations - forever - with no compensation.

    To exclude yourself from the Settlement, you must send a letter or other written document by mail saying that you want
    to be excluded from In re Google Buzz User Privacy Litigation, No. 5:10-cv-00672-JW. Be sure to include your full
    name, address, reason why you want out of the Settlement, as well as proof that you used Gmail at some point after February 9, 2010, your signature, and the date. You must mail your request for exclusion so that it is received no later
    than December 6, 2010, to:

    CLASS ACTION ADMINISTRATOR

    In re Google Buzz User Privacy Litigation
    c/o The Garden City Group, Inc.
    P.O. Box 91088
    Seattle, WA 98111-9188

    You cannot ask to be excluded on the phone, by email, or at the website. An exclusion request is not a claim for payment.

    --
    How we know is more important than what we know.
    1. Re:Important: Read This! by Anonymous Coward · · Score: 4, Informative

      you will lose your right to sue Google for privacy violations - forever - with no compensation.

      I don't think that's true. AFAIK, You only waive your right to sue Google for claims settled in this particular case. A clarification from a lawyer would be nice.

    2. Re:Important: Read This! by fishexe · · Score: 2

      If you used GMail after February 9, 2010 then you *must* opt out of this settlement or you will lose your right to sue Google for privacy violations - forever - with no compensation.

      I'm not sure you get how class actions work. You can only lose your right to sue for the period that the class action referred to. Courts would never uphold a "settlement" in which the winners or unrelated parties lost their right to sue the loser ever, for anything, including unlawful acts that the loser was going to do in the future. You can only lose the right to sue Google for the specific privacy violations mentioned in the suit (i.e. the stuff they did right at the launch of Buzz).

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
    3. Re:Important: Read This! by flyingkillerrobots · · Score: 2, Informative
      IANAL, but from the website (emphasis mine):

      What are my options? [...] Do nothing - Give up your rights to sue Google about the legal claims in this case and thereby accept the terms of this Settlement.

      You do not forfeit anything other than for this case. And if they are lying, you have a new case anyway.

      --
      "It is a good thing for an uneducated man to read books of quotations..." -Winston Churchill
    4. Re:Important: Read This! by QuantumG · · Score: 2, Interesting

      Sigh. *read the settlement*.

      This is exactly the same argument we had back when Google Books got their settlement. Will you never learn?

      --
      How we know is more important than what we know.
    5. Re:Important: Read This! by fishexe · · Score: 2, Informative

      Sigh. *read the settlement*.

      Ummm...I did? Because it was sent to me. Quote: "Give up your rights to sue Google about the legal claims in this case and thereby accept the terms of this Settlement." The legal claims in this case are the claims related to the specific privacy violations happening at a specific time that were brought up in the suit when it was filed. They are not "privacy, generally". As a matter of law, "the legal claims in this case" can never mean, "privacy, generally".

      Will you never learn?

      Will you never think logically? Or educate yourself about the law before making claims about it? Or stop being a condescending prick to people who know more than you?

      --
      "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
  10. Re:Lawyers and Consultants keep the cash! by c0lo · · Score: 2, Insightful

    And hire some more lawyers to win a case that was already won?

    Yes, that's a way better option... for the lawyers.

    Assuming Google caused you a higher loss than the amount you receive (and you can demonstrate the loss in the court), you can certainly go for it and cite this case in your suit.

    If you didn't lose something, help me understand why are you complaining?

    --
    Questions raise, answers kill. Raise questions to stay alive.
  11. Re:They automatically notified anyone with an acco by The+MAZZTer · · Score: 2, Interesting

    Mine wasn't. I guess enough people marked it as Spam to train Google's filters...

  12. Opt out by Anonymous Coward · · Score: 3, Funny

    Ironic that the only way to opt out of the privacy settlement is to mail in your full name, address, phone number and signature.

  13. Re:Official link by itamblyn · · Score: 4, Insightful

    Follow the link provided in the email and then press "FAQ" on the website. RTFE(Read the fucking email).

    So your method of confirming that an email is real is to click on links in said email. Flawless.

  14. Re:Did I miss something? by jspenguin1 · · Score: 4, Informative

    The point is, if you used GMail, you were signed up for Buzz without any warning - If you never "used" Buzz, you still had a public profile, listing everyone you "follow" - which by default was the people you e-mailed the most.

  15. Re:Lawyers and Consultants keep the cash! by Anonymous+Brave+Guy · · Score: 4, Insightful

    What is the value of your privacy? How do you quantify the damage caused by loss of said privacy?

    This is the problem with lawsuits that try to reduce everything to dollar amounts. That might be an objective measure in some sense, but the value of the most important things in life is rarely measured in cash, and often compensation for losing them can't be measured in cash either.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  16. Re:Lawyers and Consultants keep the cash! by dudpixel · · Score: 3, Funny

    you lost your privacy?

    hmm, have you tried searching on google?

    --
    This seemed like a reasonable sig at the time.
  17. As a buzz user who cares about privacy by fishexe · · Score: 3, Insightful

    As a frequent Buzz user who also cares deeply about online privacy, this settlement seems just about right to me. I would much rather my fellow users were educated about how to protect their privacy online than have a few extra pennies in my pocket (and that is about what this would amount to if paid out in cash to every class member). I actually wish more class action settlements would end like this. How many times have I been notified that I was part of a class winning a class action only to be informed my share was less than my time was worth to read the damn letter in the first place? (I'll tell you: three times). In any one of those cases I would much rather that my share had been aggregated together with every other class member's and put to a good cause.

    --
    "I don't care about the Constitution!" --Bill O'Reilly, November 17, 2009
  18. Alternate Headline by rockNme2349 · · Score: 2, Funny

    Google Settles Buzz Privacy Suit - Refund Issued to All Gmail Users

    --
    Sewage Treatment Facilities - "Our duty is clear."
    1. Re:Alternate Headline by rockNme2349 · · Score: 2, Interesting

      I agree, and what is the problem? When I buy something from anyone else, I don't use it, and then demand my money back. Likewise, Google hosts emails for free, in exchange for the fact that they can look at them at any time and do with them what they please. Why should I be upset when there is a breach in privacy? The only difference between posting a message on Facebook, and sending an email through GMail, is that Google has better security settings. It would be ridiculous to use GMail for anything sensitive, just like it would be ridiculous to use Facebook for anything sensitive.

      Most people are lulled into a false sense of security because Google doesn't release email data. It's in their best interest not to. But people forget that they have it all there.

      --
      Sewage Treatment Facilities - "Our duty is clear."
  19. Typical In The US by Anonymous Coward · · Score: 2, Interesting

    I read about something like this every couple of weeks. Usually the benefactor is our State or Federal government. I have even experienced this at a much greater scale.

    About 5 years ago my wife needed some surgery. Our surgery was covered by my insurance. The doctor's staff reviewed our insurance and said we had "great insurance" and that they never have problems with our insurance.

    Anyways, she had the surgery and a few months later we received a bill for over 10 thousand of dollars. Turns out that our insurance covered 90% of the cost of the surgery, but only 90% of the cost that some data base said the surgery was worth. The data base said the surgery was worth just over $1000. So they covered a little less than $1000 of a $10,000 plus bill.

    Of course this was BS so we refused to pay and two years later we were in court owing over $20,000 (late fees, collection fees, midnight slamming on the door and scaring the kids by the local police fees...)

    We lost in court and we were chastised by the judge.

    We couldn't pay and ended up filing bankruptcy.

    Well, that was the background. Now to the point. Last years it was determined that the company that determines what a procedure is worth is wholly owned by the insurance company that writes the checks. Not only that but the insurance company saved 100s of millions of dollars because they didn't have to pay as much as they would have.

    The punishment on the insurance company was that they had to pay a fine of $50 million dollars to the State. This BS bankrupted us.

    Go figure...