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Jan. 24, 2024

Google’s Wiretap Cases Highlight Evolving Privacy Transparency Standards

  • Jaclyn Jaeger
    Cybersecurity Law Report
As Google was facing trial in a $5‑billion class action over allegations regarding its improper collection of data while users browsed in private “Incognito” mode, a preliminary settlement was reached on December 28, 2023. Meanwhile, in another recent lawsuit challenging the tech giant’s data collection practices, Google prevailed on a summary judgment motion and the case is on appeal before the Ninth Circuit, where a bipartisan coalition of 19 AGs submitted an amicus brief in support of plaintiffs. With insights from partners at Carter Ledyard & Milburn, Ballard Spahr and Collyer Bristow, this article examines the novel wiretap allegations in the cases and offers practical lessons on how to approach privacy policies to mitigate the risk of similar claims. See our two-part series on website-tracking lawsuits: “A Guide to New Video Privacy Decisions Starring PBS and People.com” (Mar. 29, 2023), and “Takeaways From New Dismissals of Wiretap Claims” (Apr. 5, 2023).

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