Lawyers suing Google claimed Thursday they have discovered evidence in a patent application that Google deliberately programmed its Street View cars to collect private data from open Wi-Fi networks, despite claims to the contrary.
“At this point, it is our belief that it is not an accident,” said Brooks Cooper, an Oregon attorney suing Google in one of several class actions lawsuits around the country arising from Google’s disclosure that its Street View cars intercepted Wi-Fi traffic around the world. Google has described the sniffing as a coding error.
The evidence, the relevance of which Google disputed Thursday, is a 2008 Google patent application (.pdf) describing a method to increase the accuracy of location-based services — services that would allow advertisers or others to know almost the exact location of a mobile phone or other computing device. The patent application involves intercepting data and analyzing the timing of transmission as part of the method for pinpointing user locations.
The so-called “776″ patent application, published by U.S. Patent and Trademark Office in January, describes “one or more of the methods” by which Google collects information for its Street View program, Cooper’s legal team said in court documents filed late Wednesday in federal court in Oregon.
Google spokeswoman Christine Chen said in an e-mail that the patent in question “is entirely unrelated to the software code used to collect Wi-Fi information with Street View cars.” In a follow up e-mail, Chen added that Google files “patent applications on a variety of ideas that our engineers come up with. Some of them mature into real products or services, and some of them don’t.”
Chen did not immediately respond to an e-mail asking whether Google has performed the “776″ method in practice.
Whether Google willfully sniffed out internet traffic on unsecured Wi-Fi hotspots in dozens of countries is an enormous public relations headache. It also carries huge legal and monetary ramifications in the United States, where the Mountain View, California, internet giant is being sued for privacy violations in multiple federal courthouses.
Among other reasons, Google might escape liability if it accidentally collected and never divulged the data, which includes web pages users visited or pieces of e-mail, video, audio and document files.
Google must turn over the U.S. data it siphoned to a federal judge in Oregon by Friday. The data will remain under lock and key.
Street View is part of Google Maps and Google Earth, and provides panoramic pictures of streets and their surroundings across the globe.
The internet giant has maintained the collection of data was inadvertent –- the result of a programming error with code written for an early experimental project that wound up on the Street View code. Google said it didn’t realize it was sniffing packets of data on unsecured Wi-Fi networks in dozens of countries for the last three years, until German privacy authorities began questioning what data Google’s Street View cameras were collecting.
By David Kravets
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Google, under investigation in Germany for the data-gathering practices of its Street View mapping service, now faces probes in Spain, France and Italy for possible violation of privacy laws.
Spain's Data Protection Authority on Tuesday ordered an investigation of whether Google breached national privacy rules by collecting and storing data from Wi-Fi networks and information sent over these networks. Italy and France also ordered inquiries.
The Spanish agency "will call on Google to explain whether it has captured data without the consent of citizens in Spain," it said in an e-mailed statement May 19. It sent a formal request urging Google "to block the data associated with wireless networks gathered in Spanish territory."
The Hamburg Prosecutors' Office said it is investigating people at Google on suspicion of criminal-data capture. German data regulators are already looking into how cars that Google used to take pictures for Street View ended up with private data from Wi-Fi networks that weren't password-protected.
Google co-founder Sergey Brin said Wednesday that the company "screwed up" by collecting and storing information from Wi-Fi networks while gathering data for its Street View mapping service. The company is imposing more internal controls after it mistakenly captured the data, Brin said at a news conference in San Francisco.
Street View allows Google users to click on maps to see photographs of roadsides. Officials from 30 European countries on May 11 adopted a common approach to keep Google from infringing privacy rights as the service is rolled out in Europe. They want Google, owner of the world's biggest search engine, to improve blurring techniques used to disguise images.
"The product as such is not in breach, but more measures have to be taken to improve how images are gathered and used," Gerard Lommel, a Luxembourg member of the so-called Article 29 Data Protection Working Party, said May 11. The group is made up of the European Union's 27 nations, plus Iceland, Liechtenstein and Norway.
Switzerland's data-protection agency sued Google in November for allegedly failing to comply with proposals to make it harder to identify people and cars on Street View. That case is pending.
Google will open an online-applications store for Web browsers including its own Chrome offering, as it works to make more software accessible via the Internet.
The store, slated to open later this year, will provide free and paid apps, Sundar Pichai, a Google vice president, said Wednesday at the company's developers conference in San Francisco. Magazines, games and music providers will be among the offered applications.
Google's Street View probe joined by Spain, Italy, France
Google, under investigation in Germany for the data-gathering practices of its Street View mapping service, now faces probes in Spain, France and Italy for possible violation of privacy laws.
Spain's Data Protection Authority on Tuesday ordered an investigation of whether Google breached national privacy rules by collecting and storing data from Wi-Fi networks and information sent over these networks. Italy and France also ordered inquiries.
The Spanish agency "will call on Google to explain whether it has captured data without the consent of citizens in Spain," it said in an e-mailed statement May 19. It sent a formal request urging Google "to block the data associated with wireless networks gathered in Spanish territory."
The Hamburg Prosecutors' Office said it is investigating people at Google on suspicion of criminal-data capture. German data regulators are already looking into how cars that Google used to take pictures for Street View ended up with private data from Wi-Fi networks that weren't password-protected.
Google co-founder Sergey Brin said Wednesday that the company "screwed up" by collecting and storing information from Wi-Fi networks while gathering data for its Street View mapping service. The company is imposing more internal controls after it mistakenly captured the data, Brin said at a news conference in San Francisco.
Street View allows Google users to click on maps to see photographs of roadsides. Officials from 30 European countries on May 11 adopted a common approach to keep Google from infringing privacy rights as the service is rolled out in Europe. They want Google, owner of the world's biggest search engine, to improve blurring techniques used to disguise images.
"The product as such is not in breach, but more measures have to be taken to improve how images are gathered and used," Gerard Lommel, a Luxembourg member of the so-called Article 29 Data Protection Working Party, said May 11. The group is made up of the European Union's 27 nations, plus Iceland, Liechtenstein and Norway.
Switzerland's data-protection agency sued Google in November for allegedly failing to comply with proposals to make it harder to identify people and cars on Street View. That case is pending.
Google will open an online-applications store for Web browsers including its own Chrome offering, as it works to make more software accessible via the Internet.
The store, slated to open later this year, will provide free and paid apps, Sundar Pichai, a Google vice president, said Wednesday at the company's developers conference in San Francisco. Magazines, games and music providers will be among the offered applications.
Bloomberg News
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