Vogel Internet, Information Technology, and e-Discovery Blog : Texas Internet, Information Technology, eCommerce, & E-Discovery Lawyer & Attorney Peter S. Vogel : Gardere Wynne Sewell Law Firm : Dallas TX

Google confessed to U.K. officials that Google still has Street View unprotected wifi data collected before 2010 in spite claims that such data had been destroyed. On July 27, 2012 Peter Fleischer (Google's global privacy counsel) sent a letter to Steve Eckersley (head of enforcement) at the Information Commissioner's Office (ICO) and admitted the following:

Google has recently confirmed that it still has in its possession a small portion of payload data collected by our Street View vehicles in the U.K. Google apologizes for the error.

In conducting that review, we have determined that we continue to have payload data from the U.K. and other countries. We are in the process of notifying the relevant authorities in those countries.

In response Mr. Eckersley wrote back that Google should never have collected the unprotected wifi data to begin with.

PC Magazine reported that those other countries are U.K., Ireland, France, Belgium, the Netherlands, Norway, Sweden, Finland, Switzerland, Austria, and Australia.

As a result of Google's admission to the ICO, the French counterpart to ICO, C.N.I.L. has now demanded Google report about the Street View wifi data. The New York Times reported that:

The C.N.I.L. fined the company €100,000, or $120,000, in March 2011 for collecting private e-mail messages, computer passwords and other personal data as its cars took pictures for Google’s Street View feature, a case that prompted privacy investigations around the world.

Clearly collection of unprotected wifi data has become a serious mess for Google, and it appears that this episode is far from over.

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Google was fined $25,000 for not cooperating with an investigation regarding Google’s collection of unencrypted wifi data when taking Street View pictures from 2006-10, but the Federal Communications Commission (FCC) reported that Google did not violate any US laws. The FCC’s Report included this conclusion regarding alleged violations of Section 705(a) of the federal Wiretrap Act:

…the Bureau has found no evidence that Google accessed or did anything with such encrypted communications….we do not find sufficient evidence that Google has violated Section 705(a).

When Google’s wifi data collection became news in 2010 Google confessed that the wifi information collected was: 

WiFi networks broadcast information that identifies the network and how that network operates. That includes SSID data (i.e. the network name) and MAC address (a unique number given to a device like a WiFi router). Networks also send information to other computers that are using the network, called payload data, but Google does not collect or store payload data.

Since 2010 there has been much controversy about Google’s wifi collection, but the FCC’s vindication does not overcome Google’s alleged violation of EU laws.

I find Street View feature of Google Maps one of the greatest Interest services available since it allows anyone to see the world up close and personal. This is how Google describes Street View:

Google Maps with Street View lets you explore places around the world through 360-degree street-level imagery. You can explore world landmarks, view natural wonders, navigate a trip, go inside restaurants and small businesses.

It is interesting that Google created such a firestorm about collecting unencrypted wifi data while taking pictures which helped transform information on the Internet.

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To the surprise of many Google confirmed that since 2006 its Street View Cars captured WiFi network information in addition to Street View Photos. Google uses this WiFi network information to improve location-based services like search and maps. Specifically Google confessed that the WiFi information collected was:

WiFi networks broadcast information that identifies the network and how that network operates. That includes SSID data (i.e. the network name) and MAC address (a unique number given to a device like a WiFi router). Networks also send information to other computers that are using the network, called payload data, but Google does not collect or store payload data.

Not surprising that Google claims that its collection and use of the WiFi data was legal, done by other companies including Skyhook and organizations like the German Fraunhofer Institute. Around the world a number of privacy groups have been unhappy about Google Street View Photos and now new privacy concerns issues abound regarding Google’s collection of WiFi network data.

Destruction of Google’s Irish WiFi Data

Even though Google claim it is completely legal on May 14, 2010 the Irish Data Protection Authority asked Google to delete its WiFi network data collected in Ireland. So on May 16th the destruction of this WiFi network data was confirmed by a third party consultant. However one might wonder how the consultant could confirm that all the data was actually destroyed without reviewing Google computer networks, which is probably impossible to do.

Germany and Australia Want Answers

German prosecutors are investigating whether Google violated privacy laws and Google posted a blog that the Data Protection Authority in Hamburg, German requested an audit of Google’s WiFi data.  Also privacy groups in Australia want Google to know more. Clearly Google’s collection and use of private WiFi network information helps us better understand how little privacy we all have.

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The recent conviction of 3 Google executives in Italy for a video posted on Google which showed the bullying of a disable teenager captured many headlines. No question that the video was in poor taste and Google took the video down within 24 hours of its posting after Google got 2 complaints. The conviction of the Google’s global privacy counsel, Peter Fleischer and two other executives raises significant issues. A fourth Google executive was acquitted, and Google plans to appeal these convictions. Does it make sense that Google, or any other ISP (Internet Service Provider), be liable for content posted over which the ISP has no control? The US Communications Decency Act of 1996 protects ISPs from liability since they have no control over content posted. How Google fares with these convictions may have an interesting impact on ISPs around the world.

Google Street View May Breach EU Law

Only to make things more complicated recent reports that the Google’s Street View violates EU Data Protection laws since they retain the images for too long. As well it was reported that “Switzerland’s data-protection agency in November sued Google for allegedly failing to comply with proposals to make it harder to identify people and cars on Street View.” Of course disputes regarding Street View are not new since claims of breach of privacy have been under way since at least 2008 in Japan.

Google has More EU Antitrust Problems

ComScore recently reported that Google has about 79% of the searches in the EU and the EU renewed its investigation about Google anticompetitive behavior. Google claims that Microsoft may be the source of the investigation since Microsoft owns one of the companies that complained. It seems reasonable to assume that the search engine wars will continue, but how the EU ultimately rules may have a far reaching impact.

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