Advertising
No expectation of privacy, says Google
I spent yesterday afternoon in Judge Koh’s courtroom listening to arguments on whether or not the class action suit against Google based on their scanning of emails for advertising purposes can go forward. This is the case that made news a few weeks ago because Google stated in their brief that users have “no expectation of privacy” in using online services.
That does appear to be what Google is actually saying, based on the arguments by attorney Whitty Somvichian. He made it clear that Google considers everything that passes through their servers, including the content of emails, covered under “information provided to Google” in the privacy policy. Google is arguing that they can read, scan, and use that content to display ads and anything else they consider to be in the normal course of business.
I have pages and pages of notes but I have some paying work to finish before I can focus on writing up the case. There were multiple reporters and bloggers in the courtroom, but I’ve not found many article. Some I’ve found are:
Do you have child subscribers?
Al has a short, but informative, post up on Spam Resource about privacy groups filing complaints with the FTC about companies violating the Children’s Online Privacy Protection Act (COPPA). Companies who are alleged to have violated COPPA include Nickelodeon, McDonalds and General Mills.
The underlying issue appears to be the presence of “send to a friend” links maintained on kid focused websites. The consumer advocates are alleging that kids don’t understand that when they send things to their friends what they’re sending is actually advertising.
I talk a lot about informed consent, but don’t often touch the idea of consent from minors. But this is a good reminder that there are other laws than CAN SPAM involved when dealing with children.