Newsletters
The Enterprise Security Supersite NewsFactor Sites:       NewsFactor.com     Enterprise Security Today     CRM Daily     Business Report     Sci-Tech Today  
   
This ad will display for the next 20 seconds. Please click for more information, or scroll down to pass the ad, or Close Ad.
Home Network Security Viruses & Malware Hackers Security Solutions More Topics...
Eliminate costly downtime!
Find out how with Free White Paper
& enter to win a Samsung Galaxy Note

www.apc.com
Network Security
Fiercely productive scanners
Average Rating:
Rate this article:  
Google To Stand Trial for Street-View Data Scooping
Google To Stand Trial for Street-View Data Scooping

By Barry Levine
September 11, 2013 2:16PM

Bookmark and Share
If Google had its way, the Street View case would be dismissed on grounds that any data transmitted over open Wi-Fi networks is "readily accessible to the general public," and is thus unencrypted "radio communication." If the court had agreed, Google's collection of private data would not have been in violation of privacy or wiretapping laws. But the court did not agree.
 


Google has responded to all the investigations over the last few years about its Street View vehicles' grabbing data in neighborhoods around the world with no major repercussions thus far. But now, following a federal court order issued Tuesday, the company must stand trial for these actions.

In the summer of 2010, various class-action suits against Google from across the U.S. were consolidated, and in 2011, a U.S. District Court ruled that the case could proceed. Google's appeal was considered by the three-judge 9th U.S. Circuit Court of Appeals in San Jose, which issued its order Tuesday. In varying degrees, the suits charged that Google violated federal and state privacy laws when its Street View camera- and receiver-equipped vehicles recorded imagery and data for the company's mapping products.

The technology giant had asked that the case be dismissed because any data that is transmitted over open Wi-Fi networks is "readily accessible to the general public," and is thus unencrypted "radio communication." If the court agreed, this could mean that the collection of such data was not a violation of privacy or wiretapping laws.

'Readily Accessible'

Google's attorneys argued that radio communication was any transmission in the 3 kHz to 300 GHz range, but the court rejected this assessment, saying that such a wide definition would include "TV broadcasts, Bluetooth devices, cordless and cellular phones, garage door openers, avalanche beacons, and wildlife tracking collars."

In other words, it would include transmissions that are not normally considered a form of radio communication. Additionally, the court said that Congress had determined "radio communication" primarily referred to auditory broadcasts, while Google had been collecting non-auditory data. Even if the means to capture such data was not technically complex, the court ruled that the data was also not "readily accessible."

The plaintiffs say that the court's decision sets a welcome precedent in which e-mails and other data sent over Wi-Fi networks are protected by the federal Wiretap Act, although many observers have noted that telecommunications laws need to be brought up to date. "Surely," wrote Judge Jay Bybee in the decision, "Congress did not intend to condone such an intrusive and unwarranted invasion of privacy when it enacted the Wiretap Act."

State, U.S. Settlements

Marc Rotenberg, executive director of the Electronic Privacy Information Center, called the court's decision "very good news for any person who has a wireless network in their home and reasonably expects that a company will not drive down there street scooping up their e-mail and capturing their personal data."

The court's decision brings the entire controversy back to the fore, following its settlement earlier this year with attorneys general from 38 U.S. states and the District of Columbia. That joint settlement cost Google $7 million, and the company agreed to destroy the collected data.

Last year, the Federal Communications Commission determined that Google had not broken wiretapping laws, but it issued a $25,000 fine for obstruction of its investigation.
 

Tell Us What You Think
Comment:

Name:

gaurav bidasaria:

Posted: 2013-09-13 @ 7:25am PT
This is bad year for Google as their deal with Pentagon also failed to renew which provided them fuel at discounted prices to operate their fleet of flights.



APC has an established a reputation for solid products that virtually pay for themselves upon installation. Who has time to spend worrying about system downtime? APC makes it easy for you to focus on business growth instead of business downtime with reliable data center systems and IT solutions. Learn more here.


 Network Security
1.   IBM Adds Disaster Recovery to SoftLayer
2.   How To Beat the Heartbleed Bug
3.   OpenSSL Calls for More Support
4.   NSC Backs Disclosing Vulnerabilities
5.   Heartbleed Flaw Affects Hardware


advertisement
Don't Reset Passwords for Heartbleed?
Added caution needed to ensure security.
Average Rating:
How To Beat the Heartbleed Bug
Big data analytics could be the key.
Average Rating:
Heartbleed Flaw Affects Hardware
Cisco, Juniper equipment vulnerable.
Average Rating:
Product Information and Resources for Technology You Can Use To Boost Your Business

Network Security Spotlight
IBM Offers Security, Disaster Recovery as SoftLayer Service
New disaster recovery and security services for SoftLayer clients are being added by IBM. Big Blue said the new capabilities will speed cloud adoption by alleviating concern over business continuity.
 
How To Beat the Heartbleed Bug
Heartbleed headlines continue as IT admins scramble for answers no one has. Early reports of stolen personal data, including 900 social insurance numbers in Canada, are starting to trickle in.
 
After Heartbleed, OpenSSL Calls for More Support
The president of the OpenSSL Foundation says more support is needed from companies and governments that use its software so that it can better spot and fix flawed pieces of code such as Heartbleed.
 

Enterprise Hardware Spotlight
Vaio Fit 11A Battery Danger Forces Recall by Sony
Using a Sony Vaio Fit 11A laptop? It's time to send it back to Sony. In fact, Sony is encouraging people to stop using the laptop after several reports of its Panasonic battery overheating.
 
Continued Drop in Global PC Shipments Slows
Worldwide shipments of PCs fell during the first three months of the year, but the global slump in PC demand may be easing, with a considerable slowdown from last year's drops.
 
Google Glass Finds a Home in Medical Education, Practice
Google Glass may find its first markets in verticals in which hands-free access to data is a boon. Medicine is among the most prominent of those, as seen in a number of Glass experiments under way.
 

Mobile Technology Spotlight
Amazon 3D Smartphone Pics Leaked
E-commerce giant Amazon is reportedly set to launch a smartphone after years of development. Photos of the phone, which may feature a unique 3D interface, were leaked by tech pub BGR.
 
Zebra Tech Buys Motorola Enterprise for $3.45B
Weeks after Lenovo bought Motorola Mobility’s assets from Google for $2.91 billion, Zebra Technologies is throwing down $3.45 billion for Motorola’s Enterprise business in an all-cash deal.
 
CTIA Caves, Volunteers Kill Switch Plan
After bucking against the concept of a smartphone kill switch, the CTIA just announced the “Smartphone Anti-Theft Voluntary Commitment” to thwart smartphone thefts in the U.S.
 

Navigation
Enterprise Security Today
Home/Top News | Network Security | Viruses & Malware | Hackers | Security Solutions | Mobile Security | Disaster Recovery | Windows Security
Data Security | EST Press Releases
NewsFactor Network Enterprise I.T. Sites
NewsFactor Technology News | Enterprise Security Today | CRM Daily

NewsFactor Business and Innovation Sites
Sci-Tech Today | NewsFactor Business Report

NewsFactor Services
FreeNewsFeed | Free Newsletters | XML/RSS Feed

About NewsFactor Network | How To Contact Us | Article Reprints | Careers @ NewsFactor | Services for PR Pros | Top Tech Wire | How To Advertise

Privacy Policy | Terms of Service
© Copyright 2000-2014 NewsFactor Network. All rights reserved. Article rating technology by Blogowogo. Member of Accuserve Ad Network.