Street View

In a surprise turn of events, Google has written today to the UK data protection authority (the “ICO”) and other regulators around the world stating that it still possesses some of the payload data collected by its Street View vehicles in 2010.  This follows the ICO re-opening its probe into

Continue Reading Google Contacts ICO Stating That It Still Holds Some Street View Payload Data

The Northern District of California issued two key rulings last week in denying in part a motion to dismiss in In re Google Inc. Street View Electronic Communications Litigation, a consolidated action arising out of Google’s acknowledged interception of “payload data,” including emails, usernames, password, and other private data, from unencrypted home wireless networks using technology installed on Google’s Street View vehicles.    

First, in a matter of first impression Judge Ware rejected Google’s argument that its interception of Wi-Fi communications content was not restricted by the Wiretap Act (Title 1 of the Electronic Communications Privacy Act or ECPA), due to a “readily accessible to the general public” exception contained in the statute.  Instead, the court held that this exception applies only to communications using traditional radio broadcast technology.  Significantly, Judge Ware distinguished Wi-Fi technology from traditional radio services, which presumptively are intended to be public, instead likening Wi-Fi to cellular technology, in that both are designed to send communications privately.  The court also held that plaintiffs’ Wiretap Act claim was plausibly pleaded, meaning that the litigation will continue beyond Google’s motion to dismiss. Continue Reading Key Holdings in Google Street View Litigation: WiFi Not “Readily Accessible to the General Public” and ECPA Preempts State Wiretap Laws

Google has moved to dismiss a conslidated class action complaint alleging that it violated the federal Wiretap Act, among other laws, by allowing its Street View cars to collect the contents of communications transmitted over unsecured WiFi networks.  The motion was filed in the Northern District of California, where more than a dozen suits arising out of

Continue Reading Google Moves to Dismiss “Spy-Fi” Complaint