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Privacy Lawsuit Against Google Rests On Battery Drain Claims

Jason Koebler writes: According to plaintiffs in a class-action lawsuit against Google, personal information about you and your browsing, email, and app-using habits that is regularly sent between apps on you Android phone is harming your battery life. As odd as it sounds, this minor yet demonstrable harm is what will allow their lawsuit to go forward. A federal judge ruled that the claim "requires a heavily and inherently fact-bound inquiry." That means there's a good chance we're about to get a look into the ins and outs of Google's advertising backbone: what information is shared with whom, and when.

29 of 175 comments (clear)

  1. ads by StripedCow · · Score: 4, Insightful

    Ads are also draining my battery...

    --
    If Pandora's box is destined to be opened, *I* want to be the one to open it.
    1. Re:ads by martin-boundary · · Score: 5, Insightful
      MUCH more importantly, though, ads are draining your BANDWIDTH. It's important, because it's also a simple demonstrable harm. If you pay $30 per month for your internet bandwidth, and the ads use up half of it (conservative estimate), then ads are harming you at the rate of $15 per month. Because Google purposely don't allow you to block the ads in android (*), that is a clear, monetary, demonstrable, harm.

      (*) Google should be forced to put a big red button on their settings that will block all ads coming into the android device, and all in-app advertising traffic, if the user presses it. It should be force to do so or else be held as an accomplice on bandwidth theft. (**)

      (**) Yes, I know, I'm dreaming. But I'd support a class action suit that would aim to accomplish this.

    2. Re:ads by Smallpond · · Score: 3, Insightful

      Because Google should not be in business to make money. They should just give you free stuff.

    3. Re:ads by Anonymous Coward · · Score: 3, Insightful

      well, no. That "disable all advertising" could also disable all of google's apps, if google wishes not to give away stuff for free, for example. The device is usable, just none of the google apps, like gmail, etc. would work. And yes, that pretty much cripples the device, but at least the option would be there...and perhaps there would be alternative apps (even for purchase kind) that would lack that data feedback that current phones/apps have.

      How come I can turn on and use my computer without having any adware running on it, and I can't do that with a phone?

    4. Re:ads by K.+S.+Kyosuke · · Score: 2

      So...you're voluntarily paying for something you don't actually need and don't use it on purpose?

      --
      Ezekiel 23:20
    5. Re:ads by afidel · · Score: 3, Insightful

      Ads aren't harming you, you trade bandwidth and eyeball time to receive free stuff, and unlike cable tv most apps are either ad supported or paid, precious few require you to pay in both ways.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    6. Re:ads by HiThere · · Score: 2

      Were I to buy twinkies at Walmart, Walmart would be harming me by selling me twinkies.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  2. Frist Post by fisted · · Score: 2

    Your Ad Here!

  3. Privacy is dead by qbast · · Score: 4, Insightful

    So in other words your privacy is worthless as judge decided that loss of privacy is not 'demonstrable harm'.

    1. Re:Privacy is dead by AudioEfex · · Score: 5, Insightful

      I'm sorry but anyone who is idiot enough to have an Android phone and DOESN'T know that of course since you sign into your Goggle account with it the same damn data sharing is going to happen just like wherever you use their services on any device is, well, an idiot. The question is, though, what harm comes from that - and that's up to each user to decide when they choose to use it or not. Since users sign up for and consent to the service - I see why it takes an actual technicality like this to make it actionable (even if it does highlight the often absurdity of our legal system).

      Basically, I know it's all cool to get all up in arms about this stuff and the principle, etc., but the truth is - if you are going to use a single commercial device to access your entire data "life", and if you use Google services in particular, you know what you are getting at this point. It's those ads that pay for Goggle to give so many of it's services away for free. It may be wrong, it may be right, it really doesn't matter because it's the very definition of "it is what it is". It's the price you pay for using a "smart" phone because you won't find one that doesn't have privacy implications. As a user you decide - is the convenience/cache of owning one worth it? If the answer is no, go get yourself a "feature" phone burner and replace it once a month, or however often your paranoia leads you to do so - and don't access any data services on it.

      My guess is, 99% of the folks who are going to make comments about this and bemoan privacy have smartphones - they are not necessary, they are a convenience/luxury - one that I use, but if I really was so concerned I wouldn't have one, or use Goggle's services - much less an OS designed by them - or iOS and their Cloud shit, etc. It's a trade off of modern life, if you want the cool toys, you can't play anonymous secret super agent spy. (Which leads to the "what are you doing that makes you think anyone gives a fuck" question, but that is a separate issue entirely.)

    2. Re:Privacy is dead by penix1 · · Score: 2, Informative

      Better yet, from TFS...

      That means there's a good chance we're about to get a look into the ins and outs of Google's advertising backbone: what information is shared with whom, and when.

      Google: Judge, we are filing this motion to seal any and all documents for trade secret and proprietary information reasons. To release them would do irreparable harm to our business.

      Judge: Granted

      --
      This is a sig. This is only a sig. Had this been an actual sig you would have been informed where to tune for more sigs.
    3. Re:Privacy is dead by qbast · · Score: 2

      ... which has nothing to do at all with 'it is harming battery life' argument

    4. Re:Privacy is dead by qbast · · Score: 2, Insightful

      I'm sorry but anyone who is idiot enough to have an Android phone and DOESN'T know that of course since you sign into your Goggle account with it the same damn data sharing is going to happen just like wherever you use their services on any device is, well, an idiot.

      So you were walking around in the evening and got mugged? Why do you even try to complain, it is your fault.

      The question is, though, what harm comes from that - and that's up to each user to decide when they choose to use it or not. Since users sign up for and consent to the service - I see why it takes an actual technicality like this to make it actionable (even if it does highlight the often absurdity of our legal system).

      Ah yes, "I consent that company does whatever they damn please to me" click-through "agreements". It is now even possible to 'agree' to binding arbitration (and waive your right to class action lawsuit), which shows how much the whole idea is broken.

      Basically, I know it's all cool to get all up in arms about this stuff and the principle, etc., but the truth is - if you are going to use a single commercial device to access your entire data "life", and if you use Google services in particular, you know what you are getting at this point. It's those ads that pay for Goggle to give so many of it's services away for free. It may be wrong, it may be right, it really doesn't matter because it's the very definition of "it is what it is".

      Yes. I know what *is*, I don't like it and I want to change it. This lawsuit is one attempt to make this change.

      It's the price you pay for using a "smart" phone because you won't find one that doesn't have privacy implications. As a user you decide - is the convenience/cache of owning one worth it? If the answer is no, go get yourself a "feature" phone burner and replace it once a month, or however often your paranoia leads you to do so - and don't access any data services on it.

      No, the price I paid was in dollars. I don't see any reason to include my privacy, my dog or any random thing that phone manufacturer or Google would want of me.

      My guess is, 99% of the folks who are going to make comments about this and bemoan privacy have smartphones - they are not necessary, they are a convenience/luxury - one that I use, but if I really was so concerned I wouldn't have one, or use Goggle's services - much less an OS designed by them - or iOS and their Cloud shit, etc.

      The same exact reasoning to justify TSA. "Plane is a convenience, go by train if you don't like it'. TSA now invading train stations? Well, train is a convenience too, go by car. Plate-reading cameras everywhere recording everywhere you go? Oh just stay in home until you learn to love big brother. Most of 'implications' are not technical requirements - they are there mostly because people like you just bend over and take it in the ass without even daring to complain.

      It's a trade off of modern life, if you want the cool toys, you can't play anonymous secret super agent spy. (Which leads to the "what are you doing that makes you think anyone gives a fuck" question, but that is a separate issue entirely.)

      Obvious answer is that I don't know if in 5 years I will be doing something important enough. In this case I would rather not have my whole life reported in great detail, ready to mine for possible blackmail opportunities or smear campaign.

    5. Re:Privacy is dead by Anonymous Coward · · Score: 2, Insightful

      > Basically, I know it's all cool to get all up in arms about this stuff and the principle, etc.

      It's not cool. It's simply my fucking duty towards society. And yours too, btw.

    6. Re:Privacy is dead by IamTheRealMike · · Score: 3, Insightful

      The same exact reasoning to justify TSA

      They're incomparable. TSA is mandated by governments, you have no choice in the matter. Using a particular brand of smartphone is not. You are free to use a smartphone that doesn't use Google services and indeed are free to buy a Nexus 5 and then say "no" to the billion and one "trade data for feature?" prompts that appear when switched on the first time. No government goon is going to step in and insist that you send all your data to Google.

      In fact, if you would prefer a smartphone that has a different data/features tradeoff then - conveniently! - Google provides a rather good open source operating system for free that you can use to build one. If others feel the same way you do you can even sell them without paying Google a dime.

    7. Re:Privacy is dead by Zero__Kelvin · · Score: 2

      "So you were walking around in the evening and got mugged? Why do you even try to complain, it is your fault."

      No, you were walking around in the evening and someone asked politely: "Hey, if you'd like I'll trade you these services for your personl information", and you said yes. You could have said no, but you didn't. You said yes. Just grow the fsck up and stop crying that you shouldn't have to be responsible for the consequences of your decisions.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
  4. Odd by countach · · Score: 2

    It seems odd in so far as this precedent would seem to set up every application you ever buy for court audit to make sure it is absolutely as efficient as it possibly can be. If not, it could be using your electricity or draining your battery.

  5. Not just battery drain by Sockatume · · Score: 3, Insightful

    The lawsuit also rides on the fact that these people bought Android phones at a time when Google already knew (but was not telling anyone) that it would be changing its privacy policy. By being forced to replace their devices - which automatically had the new policy applied to them - the customers have been demonstrably harmed. In fact this appears in the paperwork before the battery drain issue.

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    No kidding!!! What do you say at this point?
  6. "reasonable" is a term often used in law by raymorris · · Score: 3, Insightful

    One of the more important words used in law is "reasonable". The phrases "reasonable man" and "reasonable care" are used particularly often. I'd bet the concept applies in about half of all civil suits. If a court rules that a product should be reasonably efficient (and reasonably durable, reasonably effective, etc) that it no way means that it has to be perfectly optimized.

    Consider if a product, perhaps a car, tended to fall apart after just a few months of use. You'd expect lawsuits, and the plaintiffs would have a valid claim because a car should be reasonably durable. That doesn't mean all cars need to be built like a Sherman tank. This is well established law, applied in many contexts. In fact, the only area I can think of where we've gotten away from a reasonableness standard is medical malpractice. By statute, that's supposed to be a similar standard, but juries have moved toward expecting medical professionals to be perfect, not just act reasonably.

    1. Re:"reasonable" is a term often used in law by ADRA · · Score: 2

      I've got a Nexus 5 and the amount of data wasted on systems updates is pretty small, and that's with syncing my entire google catelog of services. How can someone sue for a service that can be TURNED OFF, hence saving your entire reason for sueing.

      The shitty thing about this suit is that Google actually makes very good use of elecricity and has spent years getting it to the point where battery usage for regular background activities like described are well performing. Its an insult to all good nerds to be insulted by a bunch of ignorant people looking for their handount.

      --
      Bye!
  7. Slashnerds know the price. I wonder about average by raymorris · · Score: 3, Interesting

    Technology nerds, especially those who frequent sites like Slashdot where discussions of privacy are frequent and nary a day passes without mention of Snowden, know the trade-off of Google services*. I wonder how well non-technical people understand it. Google Now kind if shoves it in your face, making it very clear that Google knows when you're at work, when you're at home, what TV shows you like, etc. I wonder what percent of average people who don't use Google Now really understand what the cost of Google services is. It would be interesting to see a survey.

    * I make no value judgement about the privacy cost. Some customers are okay with the privacy cost of using these excellent free services, other people choose not to. Personally, I choose to make that trade only with Google. One company has my profile, and in exchange I get many services.

  8. Re:Slashnerds know the price. I wonder about avera by Rosco+P.+Coltrane · · Score: 2, Interesting

    Personally, I choose to make that trade only with Google. One company has my profile, and in exchange I get many services.

    You can't really be that naive are you? When Google has your data, Google's business partners have it too (part or parcel), the law can have it through subpoenas, the NSA... just about everybody.

    Besides, I suspect Google uses the data in ways I don't want it to be used. So even if it was the sole guardian of it, I don't want to give it to them. Not willingly anyway, and as little as possible when I don't have the choice - and people have less and less choice as days go by in the matter.

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
  9. I like my yahoo phone too by cheekyboy · · Score: 2

    Its great, has no apps, just ads, and a crap messanger toy.

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    Liberty freedom are no1, not dicks in suits.
  10. Judge should accept privacy violation as damage by mysidia · · Score: 2

    This would be like suing a hacker who formatted your company web server and the judge refusing to accept the argument that the damage was harm to reputation and loss of business, and instead only accepting the claim of increased electric bill and wear/tear on the hard drives.

  11. Adver-teasing is fun. by TapeCutter · · Score: 4, Funny

    I haven't a mobile phone of any kind for almost a decade but google and facebook know (from my bank) that I have spent some serious dollars on dentistry recently, their computers are thoroughly convinced I should buy a $350 set of plastic clip on teeth. I don't need false teeth but I post something random about the plastic teeth to web sites about once a week, like I'm doing here. I've been doing this for about six weeks, almost every page I visit is now plastered with the same ad (I clicked on it once just to tease them).

    There's some people selling porcelain teeth that started following me last week, I'm currently experimenting with different phrases to see if I can ignite a bidding war between the two vendors. Would love to know how much they have spent on me so far....

    Your post is spot on, it's exceedingly difficult to opt out of the civilization you found yourself born into. Ridicule is the best defense against extremists, so my advice is try to have some fun with the absurdities of "targeted advertising", and the crusaders who are battling it..

    Disclaimer: For many years I have had the slashdot "disable advertising" option available, I don't use it because I actually want slashdot to make a few pennies from my eyeballs. It's also humourous seeing ads for religious scams posted to a bunch of atheist nerds ranting against religion. If we keep burning gods money like that maybe (s)he won't be able to buy as many congressmen in the future.

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    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  12. Take responsibility for your decisions by Zero__Kelvin · · Score: 4, Insightful

    "How come I can turn on and use my computer without having any adware running on it, and I can't do that with a phone?"

    Because you made a choice for which you refuse to take responsibility. If you want Android, but don't want Google Apps, you simply get a phone that is configured as such. Stop whining that you bought a product and it is doing what it is designed to do. If you don't like Apple's Walled Garden, don't buy Apple. If you don't like Google apps, buy a phone that doesn't bundle them and then don't install them. You are making a choice, and then crying like a little girl that you made the wrong choice (for you and a small handful of others, that is) and want Googe to eat the cost of your ignorance.

    --
    Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    1. Re:Take responsibility for your decisions by tepples · · Score: 2

      If you want Android, but don't want Google Apps, you simply get a phone that is configured as such.

      Which such phone, other than the Fire Phone by Amazon, is sold in the United States?

      Stop whining that you bought a product and it is doing what it is designed to do.

      We're whining that all products sold near us are designed to do something that we find undesirable.

  13. The data is valuable to Google, they don't hand ou by raymorris · · Score: 3, Interesting

    > When Google has your data, Google's business partners have it too (part or parcel),

    All evidence I've seen, and common sense, indicates that the data is very valuable to Google and they don't want anyone else to have it. They'll sell ads to other companies, which Google displays based on the data, but they don't sell the data. That would be giving the other company the goose that lays the golden eggs. Google prefers to sell the eggs, over and over again. If you have any evidence to the contrary, please cite it.

    Of course the NSA illegally acquires data from most all email providers, ISPs, etc. Even the services that are explicitly based in privacy get NSLs, so to avoid that I could avoid using the internet at all. I'm going to use the internet, so the NSA will be able to snoop until that problem is handled using the three boxes - soap box, ballot box, and if absolutely necessary ammo box.

  14. With cellular carriers billing by the bit by tepples · · Score: 2

    But with cellular carriers billing by the bit, users in Google's home country "pay in both ways", namely bandwidth overages and eyeball time.