News / Economy

Google Won't Face Email Privacy Class Action

FILE - A man walks past a Google sign in Mountain View, California.
FILE - A man walks past a Google sign in Mountain View, California.
Reuters
Google Inc. won a significant legal victory as a U.S. judge decided not to combine several lawsuits that accused the Internet search company of violating the privacy rights of hundreds of millions of email users into a single class action.
 
In a Tuesday evening decision, U.S. District Judge Lucy Koh in San Jose, California, said the claims, including those on behalf of users of Google's popular Gmail service, were too dissimilar to be grouped together. She also said the plaintiffs cannot pursue their broad-based class action again.
 
A class action could have exposed Google to billions of dollars of potential damages and added pressure on the Mountain View, California-based company to settle.
 
Instead, email users might now be forced to sue individually or in small groups, lowering recoveries and boosting costs.
 
The case has been closely watched for guidance on how technology companies that provide email services might collect data used to target advertising, and perhaps boost revenue and profitability.
 
Sean Rommel and Jerome Tapley, lawyers representing the plaintiffs, did not respond on Wednesday to requests for comment.
 
Gmail users accused Google of violating federal and state privacy and wiretapping laws by scanning their messages so it could compile secret account profiles and target advertising.
 
Claims were also raised on behalf of students at schools that use Gmail, and people who do not use Gmail but communicate by email with people who do.
 
The lawsuit sought damages of $100 per day for each email user whose privacy was violated.
 
Google has said its software simply looks for keywords that can lead to the tailored advertisements.
 
Matt Kallman, a Google spokesman, said: “We're glad the court agreed that we have been upfront about Gmail's automated processing.”

'Panoply' of disclosures
 
In September, Koh rejected Google's effort to dismiss the lawsuits on the ground that users implicitly consented to its activity, recognizing it as part of the email delivery process.
 
But in Tuesday's decision, Koh said an assessment of whether users gave that consent required a broad review of how they came to know that interceptions were taking place.
 
“There is a panoply of sources from which email users could have learned of Google's interceptions,” she wrote.
 
“Determining to what disclosures each class member was privy and determining whether that specific combination of disclosures was sufficient to imply consent ... will lead to numerous individualized inquiries that will overwhelm any common questions,” the judge added.
 
In denying the class certification motion with prejudice, Koh said it would be unfair for Google to keep litigating.
 
She said Google has opposed such motions for two-and-a-half years, and had no chance to oppose in writing a recent request by the plaintiffs for permission to refile such a motion.
 
Google also faces litigation in California accusing it of violating federal wiretapping law by accidentally collecting emails and other personal data while building its Street View mapping program.
 
The case is In re: Google Inc. Gmail Litigation, U.S. District Court, Northern District of California, 13-md-02430.

You May Like

HRW: Egypt's Trial of Morsi ‘Badly Flawed’

Human Rights Watch says former Egypt leader's detention without charge for more than three weeks after his removal from office violated Egyptian law; government rejects criticism More

Photogallery Lancet Report Calls for Major Investment in Surgery

In its report published by The Lancet, panel of experts says people are dying from conditions easily treated in the operating room such as hernia, appendicitis, obstructed labor, and serious fractures More

Music Industry Under Sway of Digital Revolution

Millions of people in every corner of the Earth now can enjoy a vast variety and quantity of music in a way that has never before been possible More

This forum has been closed.
Comments
     
There are no comments in this forum. Be first and add one

Featured Videos

Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
Study: Insecticide Damaging Wild Bee Populationsi
X
April 24, 2015 10:13 PM
A popular but controversial type of insecticide is damaging important wild bee populations, according to a new study. VOA’s Steve Baragona has more.
Video

Video Study: Insecticide Damaging Wild Bee Populations

A popular but controversial type of insecticide is damaging important wild bee populations, according to a new study. VOA’s Steve Baragona has more.
Video

Video Data Servers Could Heat Private Homes

As every computer owner knows, when their machines run a complex program they get pretty hot. In fact, cooling the processors can be expensive, especially when you're dealing with huge banks of computer servers. But what if that energy could heat private homes? VOA’s George Putic reports that a Dutch energy firm aims to do just that.
Video

Video Cinema That Crosses Borders Showcased at Tribeca Film Festival

Among the nearly 100 feature length films being shown at this year’s Tribeca Film Festival in New York City are more than 20 documentaries and features with international appeal, from a film about a Congolese businessman in China, to documentaries shot in Pakistan and diaspora communities in the U.S., to a poetic look at disaffected South African youth. VOA’s Carolyn Weaver has more.
Video

Video UN Confronts Threat of Young Radicals

The radicalization and recruitment of young people into Islamist extremist groups has become a growing challenge for governments worldwide. On Thursday, the U.N. Security Council heard from experts on the issue, which has become a potent threat to international peace and security. VOA’s Margaret Besheer reports.
Video

Video Growing Numbers of Turks Discover Armenian Ancestry

In a climate of improved tolerance, growing numbers of people in Turkey are discovering their grandmothers were Armenian. Hundreds of thousands of Armenians escaped the mass deportations and slaughter of the early 1900's by forced conversion to Islam. Or, Armenian children were taken in by Turkish families and assimilated. Now their stories are increasingly being heard. Dorian Jones reports from Istanbul that the revelations are viewed as an important step.
Video

Video Migrants Trek Through Western Balkans to Reach EU

Migrants from Africa and other places are finding different routes into the European Union in search of a better life. The Associated Press followed one clandestine group to document their trek through the western Balkans to Hungary. Zlatica Hoke reports that the migrants started using that route about four years ago. Since then, it has become the second-most popular path into Western Europe, after the option of sailing from North Africa to Italy.
Video

Video TIME Magazine Honors Activists, Pioneers Seen as Influential

TIME Magazine has released its list of celebrities, leaders and activists, whom it deems the world’s “most influential” in 2015. VOA's Ramon Taylor reports from New York.
Video

Video US Businesses See Cuba as New Frontier

The Obama administration's opening toward Cuba is giving U.S. companies hope they'll be able to do business in Cuba despite the continuation of the U.S. economic embargo against the communist nation. Some American companies have been able to export some products to Cuba, but the recent lifting of Cuba's terrorism designation could relax other restrictions. As VOA's Daniela Schrier reports, corporate heavy hitters are lining up to head across the Florida Straits - though experts urge caution.
Video

Video Kenya Launches Police Recruitment Drive After Terror Attacks

Kenya launched a major police recruitment drive this week as part of a large-scale effort to boost security following a recent spate of terror attacks. VOA’s Gabe Joselow reports that allegations of corruption in the process are raising old concerns about the integrity of Kenya’s security forces.
Video

Video Japan, China in Race for Asia High-Speed Rail Projects

A lucrative competition is underway in Asia for billions of dollars in high-speed rail projects. Cambodia, India, Indonesia, Malaysia Thailand and Vietnam are among the countries planning to move onto the fast track. They are negotiating with Japan and the upstart Chinese who are locked in a duel to revolutionize transportation across Asia. VOA Correspondent Steve Herman in Bangkok has details.
Video

Video Scientists: Mosquitoes Attracted By Our Genes

Some people always seem to get bitten by mosquitoes more than others. Now, scientists have proved that is really the case - and they say it’s all because of genes. It’s hoped the research might lead to new preventative treatments for diseases like malaria, as Henry Ridgwell reports from London.
Video

Video Bible Museum Coming to Washington DC

Washington is the center of American political power and also home to some of the nation’s most visited museums. A new one that will showcase the Bible has skeptics questioning the motives of its conservative Christian funders. VOA religion correspondent Jerome Socolovsky reports.
Video

Video Armenia and Politics of Word 'Genocide'

A century ago this April, hundreds of thousands of Armenians of the Turkish Ottoman empire were deported and massacred, and their culture erased from their traditional lands. While broadly accepted by the U.N. and at least 20 countries as “genocide”, the United States and Turkey have resisted using that word to describe the atrocities that stretched from 1915 to 1923. But Armenians have never forgotten.
Video

Video Afghan First Lady Pledges No Roll Back on Women's Rights

Afghan First Lady Rula Ghani, named one of Time's 100 Most Influential, says women should take part in talks with Taliban. VOA's Rokhsar Azamee has more from Kabul.
Video

Video New Brain Mapping Techniques Could Ease Chronic Pain

From Boulder, Colorado, Shelley Schlender reports that new methods for mapping pain in the brain are providing validation for chronic pain and might someday guide better treatment.

VOA Blogs

World Currencies

EUR
USD
0.9238
JPY
USD
119.51
GBP
USD
0.6614
CAD
USD
1.2119
INR
USD
63.562

Rates may not be current.