Google’s Motion To Dismiss Incognito Mode Lawsuit Denied by a US Judge

Brown vs. Google accuses the search engine giant of breaching users’ privacy by collecting their data in private browsing mode. The $5 billion legal suit was filed on June 3^rd, 2020. In their initial complaint, the plaintiff claimed that the search engine brand tracked their internet use between June 1, 2016, and the present.

The tracking continued in private browsing mode, without their consent and without “a legitimate business interest” from Google.

The three plaintiff alleged that Google gathers data through Google Analytics, Google Ad Manager, and other website plug-ins, including smartphone apps, regardless of whether users click on Google-supported ads.

In its defense, the tech giant claimed that its users were given enough information about how their activity might be tracked while using the private browsing mode.

Google’s legal team said, “Google also makes clear that ‘Incognito’ does not mean ‘invisible,’ and that the user’s activity during that session may be visible to websites they visit, and any third-party analytics or ads services the visited websites use.

However, Google’s defense was rejected on Friday by a Federal judge, Lucy Koh.

The judge said, “First, Google cannot demonstrate that Plaintiffs expressly consented because Google did not notify users that it would be engaging in the alleged data collection while Plaintiffs were in private browsing mode. Secret monitoring of web private browsing is highly offensive behavior.”

Major players in the global tech sector have been at odds about tracking web users’ activities since the legal proceedings started.

In the last few months, there has been a battle brewing between Apple and Facebook after the smartphone manufacturer announced app updates that would limit some ad tracking.

Apple’s App Tracking Transparency will require app developers to request permission before they can track users.

US policymakers and lobby groups have renewed their focus on whether the paid search marketing services operated by Google and Facebook breach users’ privacy.

Antitrust Subcommittee Chairman Rep. David Cicilline said during a hearing on Friday:

“Every year, advertisers pay billions of dollars to these two companies to serve highly targeted ads on Facebook and through Google’s advertising network.

Nearly a dozen Republican state attorneys general who are currently suing Google for monopolization described Google’s advertising network as the “largest electronic trading market in existence.”

These companies continue to enjoy persistently high-profit margins–a telltale sign of their substantial and enduring market power. At the same time, news publishers have seen a steep decline in revenue and a reduced ability to monetize journalism, particularly when it comes to these sources online.

Overall, the market power of Google and Facebook is reinforced by the unprecedented amount of data collected by these companies, along with other factors that have tipped digital markets in favor of these firms and blocked rivals and new entrants from challenging their dominance.”

Earlier this month, Google announced that it would discontinue its precision-targeting ads and would no longer track specific users as they browse the web.

Google’s Director of Product Management for Ads Privacy and Trust, David Temkin, said in a blog post:

“We remain committed to preserving a vibrant and open ecosystem where people can access a broad range of ad-supported content with confidence that their privacy and choices are respected.”