By: Allison Nickerson
Functioning in the era of the internet requires daily use of technology. Increasing use of the internet leaves users’ private information increasingly susceptible to use by websites visited. The lack of comprehensive law regulating and protecting internet privacy resulted in a patchwork of federal and state laws attempting to protect users. This lack of legislation in internet privacy and protection allows for loopholes in protection whichare exploited by websites that collect and use private information for the websites financial benefit. Since no overarching federal protections for user information exist it leaves users in the United States vulnerable due to the ambiguity surrounding what information is taken and how it is used. This practice is a stark contrast from typical practice in other countries. For example, the European Union greatly restrictswhat personal data can be collected, and only permits data to be gathered under strict conditions for legitimate purposes. European organizations which collect private user information must also protect it from misuse. Since the U.S. Government does not protect user privacy online, users are forced to rely on private companies’ “protections” which are not regulated or well defined.
The growing privacy concerns among internet users force themto combat privacy issues by taking steps to protect their own personal information. One-way internet users attempted to protect their data privacy was through enabling Google’s Incognito mode. Browsing in Incognito mode means that user data is not saved to the device if the user is not signed into aGoogle account. Additionally, when the windows are closed Chrome discards any site data and cookies associated with those windows. Many people who enabled Incognito mode assumed Google would not track their internet activates and the setting would allow them to browse privately. However, users did not know Google still collected their private information. When Google collects information, they learn about users “friends, hobbies, favorite foods, shopping habits, and ‘potentially embarrassing things’ they seek out online”. Google then uses collected personal data to make searches more efficient and allow for auto fill. However, Google also uses the information collected to show personalized ads on Google sites and sites that partner with Google. While Google does not sell your information to third parties, they select ads for consumers based on the information collected from their users. The use of private information for third party benefit upset many users and created mistrust in the platform.
Once users came to the realization Incognito mode did not protect their privacy as Google implied, users formed a class-action lawsuit to assess and collect damages. The original lawsuit claimed five billion dollars in damages for violations of users’ privacy, and alleges Google spied on Chrome users who were browsing in “Incognito” mode. Google marketed their Incognito (private mode) as a way for users to browse privately and have their information be protected from unauthorized use.However, Google continued to use advertising technology while users were in Incognito mode to keep details of users site visits.Google then exploited this information and monetized it byadvertising to users based on their interest. The main complaint leveled in the class action suit was Google used their user’sinformation regardless of privacy settings and turned their users into “valuable data point”. Google chose to settle the case when the judge refused a jury trial. The case settled through private mediation, and terms are not yet known to the public. Terms are expected to be released to the public after court approval by the end of February 2024. As a result of the suit Google decided to updated its terms for Incognito mode to make it clear to users that websites still collect user data even while in the more private mode. The increasing legal action prevents large companies such as Google from sweeping the lack of protections under the rug.
Privacy lawsuits such as this one highlight the discrepancy between user’s desire to keep their private information protected with the reality their information is being used as a valuable asset by private companies. The growing use of technology only continues to exacerbate the growing privacy concerns. Currently, the issue of privacy is addressed at the state level, however, there need to be greater restrictions at the federal level to work against the major corporations involved in privacy violations such as Google.
Student Bio: Allison Nickerson is a second-year law student at Suffolk University Law School. She is a staff writer for the Journal of High Technology Law. She graduated from North Carolina State University with a Bachelor of Arts in Political Science.
Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHTL or Suffolk University Law School.
