Yesterday, I informed you that Google is facing a lot of legal trouble. When Google deliberately bypassed browser security of Apple Safari users, the company has been hit with countless lawsuits. Many Apple users are furious with Google for exposing them to spying and collecting their personal data without their permission. You can’t blame them for wanting to get some legal assistance to send a Google a clear message that privacy is a fundamental right you just can’t violate.
However, it seems like these people have an uphill battle. What Google did is wrong and despicable, but it will be extremely difficult to go after them legally. First of all, Google is a massive company with deep pockets and it’s heavily surrounded by lawyers. In addition, past legal cases have shown that courts often don’t do anything about breaches of online privacy. There have been people who sued Internet companies before and majority of them end up losing. The law isn’t currently on the side of the average user because the law doesn’t recognize online privacy as it should! Americans are completely vulnerable to these Internet companies and they can’t even seek protection from their courts of justice!
I read an excellent and informative article by Gerry Silver, a lawyer who specializes in IT litigation. In his article, titled “’Do Not Track’ – Online Privacy Litigation Now and in the Future”, Mr. Silver admits that people who seek court relief to tackle online privacy concerns are pretty much wasting their time. The courts do nothing about Internet companies, like Google, harvesting our personal data and using it for their own purposes – whatever it may be.
People have tried various ways to seek out some sort of justice from the courts to protect their online privacy – but it has all resulted in limited to no success. Lawsuits have been filed claiming that Internet companies violated various laws, most commonly including:
- The Computer Fraud and Abuse Act
- The Wiretap Act
- Stored Communication Act
- Deceptive Act or Practice/ Unfair Competition Statutes
- Trespass to Chattels
- Contract-Based Claims
- Right of Publicity Claims
Many of these claims against the Internet companies fail because the courts force victims to prove their personal data has significant monetary value. They can’t claim damage on personal data because it doesn’t have real value apparently. Often times these third-parties that track you all over the Internet are not considered uninvited intruders – even though they steal your personal data without your full consent, they are off the hook if a website’s terms of service give them permission.
Many people don’t even know that there are hundreds of tracking companies that steal their personal data all the time. This collection of data is done completely without the permission of users and the vast majority of people are in the dark about tracking on the Internet to even voice their concerns against it.
It’s a real shame that the courts can’t really do anything about online privacy because the laws don’t go far enough. People have nowhere to turn but to pressure their representatives in government to pass comprehensive legislation that gives Americans more rights over their personal data. Mr. Silver writes that the new consumer online Privacy Bill of Rights (unveiled by the White House last month) is a good first step in getting Americans the desperately needed help to fight back against Internet companies – but it doesn’t go far enough.
“The institution of the Consumer Privacy Bill of Rights and legislation arising therefrom may provide users with more control over what personal data companies collect and how they use it… However, Internet companies will still be able to use the information as part of their own market research and product development. Also, future compliance with the “Do Not Track” button appears to be voluntary at this point, meaning advertisers or other Internet companies may decide to attempt to override it.”
The White House proposal is still in its early stages, but if this proposed consumer Privacy Bill of Rights amounts to nothing meaningful for Americans then it won’t change the lack of support shown to victimized Americans and the dismal situation in the courts. More Americans will still go through lengthy and expensive legal tug-of-war with these Internet companies and Americans will always end up losing. Currently, Internet companies have everything in their favor and Americans simply don’t have enough protections.
Put the pressure on government representatives to act in favor of the average Internet user. Let them know that you’re serious about your online safety and that your personal data is yours alone. Privacy is not a privilege, it’s a right! The Internet companies and Google are ripping us off. They are taking, stealing, and milking us dry of our personal data! Say NO! People need to care enough to make changes in government, then the government will make necessary legal changes, this will result in a safer Internet for all!
The Apple users suing Google have a strong case against Google – and their case differs from the typical Internet privacy related cases. Google actually used code to deliberately trick their browser into accepting tracking cookies, this code allowed Google to bypass the security setting of their browser which was set to prevent third-party tracking. Apple users had no idea this had happened to them until it was exposed by The Wall Street Journal’s report last month. This is an obvious violation of privacy and it has gone too far! Hopefully, these Apple users suing Google can ultimately triumph! It’s a difficult thing to do, but you gotta keep fighting from all angles until we finally breakthrough.
For more information:
Gerry Silver, “Do Not Track – Online Privacy Litigation Now and in the Future” – click here
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