Google Street View case shows challenges posed by watchdogs
These kinds of victories give confidence and momentum to consumer watchdog groups, and that can spell trouble for attorneys that represent Google and other companies like it.
September 13, 2013 at 07:01 AM
5 minute read
The original version of this story was published on Law.com
For Google, the recent ruling by a U.S. appeals court concerning the tech giant's Street View program represents both bad news and even worse news.
The court upheld a district court's decision stating that data collected from unencrypted Wi-Fi networks is not exempt under federal wiretap laws. This defeat in court represents the bad news. The worse news? These kinds of victories give confidence and momentum to consumer watchdog groups, and that can spell trouble for attorneys that represent Google and other companies like it.
The plaintiffs in the case contended that Google violated privacy laws when it collected information from unencrypted Wi-Fi networks while mapping streets from 2007 to 2010. Google contended that this data collection did not violate the Wiretap Act because Wi-Fi signals were readily accessible to the public, like radio transmissions.
But the court disagreed stating that, unlike a radio, which requires no technical knowledge to operate, Wi-Fi data can only be intercepted and decoded with specialized equipment and skills.
The data collected by Google included SSID numbers, and, in some cases, usernames, passwords and content. Earlier this year, the tech company settled with attorneys general from over 30 states, incurring a $7 million fine in the process.
Attorneys for the plaintiffs in the case include a non-profit group called Consumer Watchdog. John M. Simpson, a spokesperson for that group, stated on the Consumer Watchdog website: “Once again it looks like Google, the serial privacy violator, is buying its way out of a jam with what for the Internet giant is pocket change.”
For general counsel and outside attorneys that represent large firms such as Google, these watchdog groups can be a challenge. Often, these nonprofit groups are well funded and relentless in their pursuit of their own agendas. These groups put tremendous scrutiny on specific aspects of a company's dealings, often forcing businesses to argue a litany of cases over a long period.
In fact, there is a website devoted to watching Consumer Watchdog. Consumerwatchgodwatch.com claims that the organization is funded by special interest groups and corporations and lacks the transparency of other watchdog groups.
For
The court upheld a district court's decision stating that data collected from unencrypted Wi-Fi networks is not exempt under federal wiretap laws. This defeat in court represents the bad news. The worse news? These kinds of victories give confidence and momentum to consumer watchdog groups, and that can spell trouble for attorneys that represent
The plaintiffs in the case contended that
But the court disagreed stating that, unlike a radio, which requires no technical knowledge to operate, Wi-Fi data can only be intercepted and decoded with specialized equipment and skills.
The data collected by
Attorneys for the plaintiffs in the case include a non-profit group called Consumer Watchdog. John M. Simpson, a spokesperson for that group, stated on the Consumer Watchdog website: “Once again it looks like
For general counsel and outside attorneys that represent large firms such as
In fact, there is a website devoted to watching Consumer Watchdog. Consumerwatchgodwatch.com claims that the organization is funded by special interest groups and corporations and lacks the transparency of other watchdog groups.
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllWhat to Know About the New 'Overlapping Directorship' Antitrust Development
4 minute readTurning Over Legal Tedium to AI Requires Lots of Unglamorous Work on Front End
6 minute readKhan Defends FTC Tenure, Does Not Address Post-Inauguration Plans
Best Practices for Adopting and Adapting to AI: Mitigating Risk in Light of Increasing Regulatory and Shareholder Scrutiny
7 minute readTrending Stories
- 1State Budget Proposal Includes More Money for Courts—for Now
- 2$5 Million Settlement Reached With Stone Academy
- 3$15K Family Vacation Turned 'Colossal Nightmare': Lawsuit Filed Against Vail Ski Resorts
- 4Prepare Your Entries! The California Legal Awards Have a New, February Deadline
- 5DOJ Files Antitrust Suit to Block Amex GBT's Acquisition of Competitor
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250