In San Francisco, US District Judge Susan Illston has approved a negotiated settlement between Google and the Federal Trade Commission (FTC) in which Google has agreed to pay a fine of $22.5 million to resolve alleged federal privacy violations.
The FTC has described the settlement as the largest fine it has levied involving Internet privacy, while others, particularly the consumer’s rights group, Consumer Watchdog, have argued that the settlement is not sufficient to deter the Internet search giant from future transgressions, given Google reported $9.7 billion profit last year. Judge Susan Iltson has ruled that the negotiated agreement is “fair, adequate and reasonable”.
The settlement arises from an investigation by the FTC into Google’s use of software “cookies” to track Internet websites visited by users of Apple’s Safari web browser. Google had stated earlier on its web site that it could not track the online activities of Safari users so long as these users did not change Safari’s privacy settings. The FTC held the inconsistency between Google’s posted message and its actual tracking activities were in violation of a consent decree from an earlier case involving Google’s now discontinued Buzz social networking service. In that case the FTC had stated that "the … settlement bars the company from future privacy misrepresentations, requires it to implement a comprehensive privacy program, and calls for regular, independent privacy audits for the next 20 years."
Google insists that it did not intentionally bypass Safari’s default settings and did not admit to any legal violation, but nevertheless agreed to disable the cookies.
For more commentary, visit:
http://tinyurl.com/d4je74w and
http://tinyurl.com/cz84vs8
Summary by:
Thomas Wong
Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.
E-TIPS is a registered trade-mark of Deeth Williams Wall LLP.