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Google Sued For Tracking Users' Locations

RedEaredSlider writes "Two Android phone users are suing Google for $50 million in the wake of revelations that their phones might be tracking their locations. The lawsuit, filed in the US District Court for the Eastern District of Michigan on April 27, is seeking class-action status. The plaintiffs, Julie Brown and Kayla Molaski, are residents of Oakland County. The two say in the suit that Google's privacy policy did not say that the phones broadcast their location information. Further, they say Google knew that most users would not understand that the privacy policy would allow for Google to track users' locations." Apple was sued for their location tracking last week. According to Boy Genius Report, iOS tracking will be addressed in version 4.3.3, which is due out within a couple weeks.

37 of 266 comments (clear)

  1. Irresistible by sehgalanuj · · Score: 2

    There is a lot of money to be made in knowing where a user is. For Google it is a great advertising opportunity. By their own admission they are an advertising company. Put location gathering capabilities in a device made by such an advertiser and isn't it common sense that they may try to gather location information?

    1. Re:Irresistible by RobertM1968 · · Score: 4, Insightful

      Yes, but that's irrelevant. Google is very clear about the ramifications of their location based/enhanced services. Either these people are idiots, or they need to sue whatever carrier modified the code to not sure Google's location aware warnings.

    2. Re:Irresistible by joh · · Score: 4, Insightful

      I'm saying this over and over these days, but: Knowing the location of the phone that views a certain ad right now is not evil. Knowing WHICH phone it is and/or WHO the user is, this is evil.

      Google (and MS) just use an engineering approach here and use the Unique Device ID for tagging the location data (and AdMob even adds the Carrier User ID). What Apple does with iAd (use random IDs that get renewed on the iPhone every 12 hours) is much better, since it avoids this privacy problem to begin with. Using random IDs allows targeting phones and harvesting location information without identifying users/phones or tracking users over time.

      Come on, fellow nerds: There ARE technical solutions to technical problems. Recognize that privacy is valuable and implement your stuff in a way that honours privacy by making abuse impossible (or at least possible only in a very abstract way) and you can have both: Advertisers targeting users and users not being tracked.

      The amount of dumb fear and paranoia and especially the unwillingness to talk about technical details is just mindblowing. Advertisers are not after YOU. They may be after all people in a certain location or with a certain income or whatever, but they do not care for you personally and in fact they would LOVE to not have to care for such privacy problems by getting a clean implementation that gives them clean and anonymous data to work with. They work with "dirty" and too personal data only if they haven't got anything else.

    3. Re:Irresistible by RicoX9 · · Score: 4, Insightful

      They're Idiots. I just got my first Android phone. You get warned when you go through setup. You get warned when you install and start EVERY APPLICATION that they'll be tracking you. There is no ambiguity if you have half a brain.

      Idiots.

    4. Re:Irresistible by PNutts · · Score: 2

      At least it ain't as easy to access the data as on iPhone 4

      Tell me again how to get that file off of an iPhone 4?

    5. Re:Irresistible by Mia'cova · · Score: 2

      It's not so much about anonomized data being sent to advertisers. It's when you pick up an iphone/android you can look at the device and answer the question of "where was this user last night at 2am?" iphone had a location cache with no limit. I understand that android caches the last 50 locations. I've heard win phone only caches the current location. I don't think people would expect that the police could figure out where they were at a specific time three months ago simply based on data cached on their phone. That's the big privacy implication people are concerned about. The "can I be caught cheating because of my phone" concern.

  2. good by SpiralSpirit · · Score: 2, Insightful

    this mandatory "give phone makers your location all the time" thing has got to be put down.

    1. Re:good by LWATCDR · · Score: 2, Insightful

      ummm. It is the law at least for the carriers to collect that info. That is how 911 location tracking works.
      The thing I can not stomach is this law suit is because "They are too stupid to read and understand and didn't bother to ask questions!"
      I mean really do people have no shame?

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    2. Re:good by cpu6502 · · Score: 4, Insightful

      Cell phones don't work if the towers don't know where you are. Location tracking is part of the spec.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    3. Re:good by SpiralSpirit · · Score: 3, Interesting

      carriers aren't the issue. google isn't a carrier, its not even a phone manufacturer. They wrote the OS, they're collecting data. The carrier probably doesn't need your consent to track your location, they don't monetize that information.

    4. Re:good by SpiralSpirit · · Score: 4, Insightful

      as mentioned above, google is not a carrier and need not know anything about my whereabouts, EVER. Actual carriers can track me without putting a program on my phone to do it - they just check to see what towers I've checked in on.

    5. Re:good by Jahava · · Score: 3, Informative

      > Location tracking is part of the spec...

      True. The problem, however, is that everyone jumped up and down to give all their personal data to the phone companies with subscription plans.

      If my phone is prepaid and the phone company has no clue whatsoever who the phone belongs to, then the towers knowing the location of that phone means nothing.

      I was always amazed at how many people were willing to get locked into plans.

      Not so; it is easy to de-anonymize tracking information by looking at the heavily-traveled areas. Most likely, those are your workplace and your place of residence. I'll bet that's enough to uniquely identify the vast majority of people.

      That's the problem with location information. It's invariably tied to your physical self and your lifestyle, anonymous or not.

    6. Re:good by joocemann · · Score: 2

      The data you mention is momentary. The issue is that it is recorded and shared. I'm glad to inform you of the difference.

    7. Re:good by RobertM1968 · · Score: 3, Interesting

      this mandatory "give phone makers your location all the time" thing has got to be put down.

      Unless a CARRIER modified some app or service on the phone, Google is VERY clear about their location aware services, and allow enabling or disabling them. Thus, (a) either these people are idiots, or (b) they need to sue the CARRIER who fucked with the software to hide the location awareness aspects. Either way, Google is not the issue here.

    8. Re:good by cheekyjohnson · · Score: 2

      Most people hardly have the time to ask questions or learn legalese or pay lawyers to read all the paperwork they somehow get involved in.

      Too bad for them, then. I believe that stupidity (or claiming you don't have enough time) is a terrible defense. That isn't the companies' fault, after all.

      --
      Filthy, filthy copyrapists!
    9. Re:good by Belial6 · · Score: 2

      Correct. The first thing the phone does when you got to set it up is ask if you want to share your location data with Google. If someone shows that Google collects that data even when told not to, then there is a problem. Otherwise there isn't. The big hoopla over Apple was that they collected data even when location services were turned off.

      My location is personal. Much like other personal things, consent is the difference between fun and abuse.

    10. Re:good by joocemann · · Score: 2

      There is a TED talk that clearly demonstrates this issue. The guy talks about how public announcements are ridiculously worded and obfuscated deliberately to dissuade public involvement in community development, and other issues where the public is supposed to be involved.

      While I cannot find that video, please enjoy this one of a very related topic.

      http://www.ted.com/talks/alan_siegel_let_s_simplify_legal_jargon.html

  3. Yeah, I mean... by mdm-adph · · Score: 4, Informative

    ...doesn't it tell you upon first startup of _every_ Android phone that Google is going to be tracking your location ("sending anonymous location statistics"), and that you can turn it off if you want, but you won't be able to use apps and features that require it? It's not buried somewhere in the TOS -- it's an entire screen that you have to go through upon setting up an Android phone.

    --
    It is by my will alone my thoughts acquire motion; it is by the juice of the coffee bean that the thoughts acquire speed
  4. There's a key difference here. by lowlymarine · · Score: 5, Informative

    On Android, you have to MANUALLY TURN ON network-location-based services (they are disabled by default), and when you do so, you are given a warning that anonymized information will be collected by Google. The only way you could be unaware of this "tracking" is if you failed to read the warning before tapping "agree," and that's hardly Google's fault. This isn't some sprawling 100-page EULA with the warning buried in the middle, either. It's two flipping sentences.

    1. Re:There's a key difference here. by mdm-adph · · Score: 2

      And again, this is not the fault of Google. Sue the cell phone store.

      --
      It is by my will alone my thoughts acquire motion; it is by the juice of the coffee bean that the thoughts acquire speed
    2. Re:There's a key difference here. by lowlymarine · · Score: 5, Informative

      Following the initial set-up, network location is STILL OFF until you go into settings and enable it. Hence, "disabled by default." If the salesman then proceeded to go into settings and turn on network location without telling the customer, then sue the store, not Google.

    3. Re:There's a key difference here. by LWATCDR · · Score: 2

      seems like it is worth 50 million to me. I mean you can see how this did 50 million dollars worth of damage right?

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    4. Re:There's a key difference here. by avgjoe62 · · Score: 2

      No, I can't, but then again I'm not their lawyers looking to pay off a Lamborghini...

      --

      How come Slashdot never gets Slashdotted?

    5. Re:There's a key difference here. by joh · · Score: 3, Interesting

      This "anonymized information" still contains the unique device ID of your phone that gets only reset when you do a factory reset of your phone. AdMob (by Google) submits this unique device ID as well as the carrier user ID along with your location data every time you view an ad.

      Come on, this is just too much information.

  5. Yawn by Lysander7 · · Score: 5, Insightful

    Just another story of idiots trying to make easy money by suing a corporation.

    1. Re:Yawn by cpu6502 · · Score: 2

      Yeah just like the corporations made "easy money" by sucking 1500 billion from the Taypayer Treasury. Please pardon me if I feel no sympathy for inanimate objects like rocks, buildings, or corporations. They basically enslaved and sucked dollars from the wallets of ~300 million working class citizens.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
  6. Might by khr · · Score: 2

    their phones might be tracking their locations

    Might? Might be tracking their locations? Sounds like they don't even know if it is or not...

  7. Data vs. statistiss by UBfusion · · Score: 2

    The accurate term that should be used in the TOS is "location data" and not just "location statistics". "Data" would contain (precise or approximate) location coordinates while "statistics" should contain only numbers pertaining to locations e.g. "user x was located within 100 meters of location y during month z".

    The end user may read the TOS in detail but my bet is that he does not understand what he reads.

  8. Government Mandate by jklovanc · · Score: 2

    There is a mandate in the US that states that cell phones must be tracked for 911 purposes. So Google must collect the info for 911 to use. Giving it to advertising companies is a different story.

    1. Re:Government Mandate by Whatanut · · Score: 2

      Negative. Google need do no such thing. The cell operators need to do this. Google does so because they can. The carriers do so because they must.

      --

      yvan eht nioj
  9. just pay 50 million by goombah99 · · Score: 2

    There is a lot of money to be made in knowing where a user is. For Google it is a great advertising opportunity. By their own admission they are an advertising company. Put location gathering capabilities in a device made by such an advertiser and isn't it common sense that they may try to gather location information?

    which is why 50 million would be cheap if it's a class action settlement.

    --
    Some drink at the fountain of knowledge. Others just gargle.
  10. Not really a statement by Anonymous Coward · · Score: 2, Insightful

    Reading a EULA is like reading a paperback novel. Only it's written in Sanskrit and there's no character development, plot, or even anything interesting happening. Seriously, they write those things knowing damn well that NOBODY WILL EVER READ THEM. Heck, most people don't even possess the wherewithall or legal chops to read them. When you're standing in a queue in Best Buy you rarely have time for such things. And then when you get the thing home I'm sure the first thing you want to do is sit and swot over 80 pages of legal blurb and jargon then spend 2 weeks formulating the holes and headroom for exploitation in that contract before you sign your life away. If we all did this there wouldn't be a single consumer in this country...guaranteed!! The average employment contract is simpler than an iPod contract, WTH?

    Plus, by the time you've read the EULA it's changed anyway so what's the point?

  11. Re:$50 Million? Seriously? by cvtan · · Score: 2

    I don't even own an Android phone and I've been damaged $100miliion worth just listening to the suffering. (Accident witness stress syndrome).

    --
    Sorry, but gray text on gray background is making my eyes bleed.
  12. Re:What a crock of double standard! by Lunix+Nutcase · · Score: 3, Informative

    On my iPhone 4, I can't do that, no matter how badly I want to.

    Only because you are ignorant of how to do so. You can disable it on iOS just like in Android.

  13. Utterly Absurd by canajin56 · · Score: 2

    When I first turned on my Android phone, it told me that by default location services is turned off. It then asked if I wanted to turn it on, and if I did, would I also like to help Google out by contributing nearby towers and wifi networks to help improve the service. All optional, and all clearly laid out. And, you can't even argue that users feel forced, because you can still get the location-based features without allowing Google to collect the data, since the two options are separated. Additionally, it's also fine-grained and application/website specific. Even IF you enable Location Services for google websites, if a different website asks for it, you get another prompt. Similarly, each application besides the browser that wants that data will also require a prompt. (At least on my phone it does).

    Now, if a manufacturer or carrier is changing the behavior from default-off to default-on, that's not Google's fault. In fact, Google might even prevent this. They have a number of manufacturer rules about user privacy and experience and that sort of thing. While they release all of their stuff open-source (eventually) so they cannot prevent a manufacturer from making such a phone, they audit phones and do not allow non-complaint handsets onto the Google Market, which has a pretty negative impact on the value of a non-compliant phone. Now, I don't know if Google prevents the data collection from being changed to on-by-default, so who knows...certainly some people have claimed to never have been asked, but I've used both an HTC Legend and a Samsung Galaxy S, and both of those defaulted to off, with a prompt during the initial setup. I suppose that maybe some carrier employees do the initial setup for you? But this question comes after you've entered your gmail account and password. So, besides being the store's fault, not Google's, why are you so concerned with privacy when you gave the minimum wage employee at the AT&T store your email address and password?

    --
    ASCII stupid question, get a stupid ANSI
  14. They are providing the location information! by pavon · · Score: 3, Insightful

    It is possible that Android is sending more information than I am aware of, but the only thing I have heard of is the network based location service.

    The way this works is that the phone looks at what WiFi base stations you can see near you. It then sends a list of these to a server that has a database of the location of a bunch these base stations. The server looks up the locations of the stations you are near and estimates your location from that.

    It is impossible for the server to tell you where you are without knowing where you are! The only other option would be for the server to continuously distribute gigabytes of WiFi database information to the phones, most of which would never be used. Querying for just the information needed is a better design.

    And as others have already pointed out, this service is off by default, and gives a clearly understandable warning when turned on.

  15. Re:What a crock of double standard! by flimflammer · · Score: 3, Informative

    Except until the next update comes out, you can't actually stop it from collecting the data even if you turn it off. That's what he meant.