Hibnick v. Google, Inc. | |
---|---|
Court | United States District Court for the Northern District of California |
Full case name | Eva Hibnick v. Google Inc. (In re: Google Buzz Privacy Litigation) |
Decided | October 7, 2010 |
Docket nos. | 5:10-cv-00672 |
Court membership | |
Judge sitting | James Ware |
Hibnick v. Google, Inc. was a class action suit brought by Eva Hibnick, a Harvard Law School graduate, against Google in 2010. The suit accused Google of breaching several electronic communications laws with the launch of their new product Google Buzz. [1] [2] [3] Google Buzz was a social media network that automatically plugged into Gmail.
Hibnick v. Google [4] was filed in the United States District Court, Northern District of California and accused Google of being in breach of the Electronic Communications Privacy Act and the Computer Fraud and Abuse Act. Google Buzz shared private information by revealing Gmail users’ contacts and automatically opted all Gmail users into using Google Buzz. [5]
The lawsuit settled for $8.5 million, 30% of which went to the attorneys. [6]
Mobile phone spam is a form of spam, directed at the text messaging or other communications services of mobile phones or smartphones. As the popularity of mobile phones surged in the early 2000s, frequent users of text messaging began to see an increase in the number of unsolicited commercial advertisements being sent to their telephones through text messaging. This can be particularly annoying for the recipient because, unlike in email, some recipients may be charged a fee for every message received, including spam. Mobile phone spam is generally less pervasive than email spam, where in 2010 around 90% of email is spam. The amount of mobile spam varies widely from region to region. In North America, mobile spam steadily increased after 2008 and accounted for half of all mobile phone traffic by 2019. In parts of Asia up to 30% of messages were spam in 2012.
Gmail is the email service provided by Google. As of 2019, it had 1.5 billion active users worldwide, making it the largest email service in the world. It also provides a webmail interface, accessible through a web browser, and is also accessible through the official mobile application. Google also supports the use of third-party email clients via the POP and IMAP protocols.
The Electronic Communications Privacy Act of 1986 (ECPA) was enacted by the United States Congress to extend restrictions on government wire taps of telephone calls to include transmissions of electronic data by computer, added new provisions prohibiting access to stored electronic communications, i.e., the Stored Communications Act, and added so-called pen trap provisions that permit the tracing of telephone communications . ECPA was an amendment to Title III of the Omnibus Crime Control and Safe Streets Act of 1968, which was primarily designed to prevent unauthorized government access to private electronic communications. The ECPA has been amended by the Communications Assistance for Law Enforcement Act (CALEA) of 1994, the USA PATRIOT Act (2001), the USA PATRIOT reauthorization acts (2006), and the FISA Amendments Act (2008).
Email privacy is a broad topic dealing with issues of unauthorized access to, and inspection of, electronic mail, or unauthorized tracking when a user reads an email. This unauthorized access can happen while an email is in transit, as well as when it is stored on email servers or on a user's computer, or when the user reads the message. In countries with a constitutional guarantee of the secrecy of correspondence, whether email can be equated with letters—therefore having legal protection from all forms of eavesdropping—is disputed because of the very nature of email.
The multinational technology corporation Apple Inc. has been a participant in various legal proceedings and claims since it began operation and, like its competitors and peers, engages in litigation in its normal course of business for a variety of reasons. In particular, Apple is known for and promotes itself as actively and aggressively enforcing its intellectual property interests. From the 1980s to the present, Apple has been plaintiff or defendant in civil actions in the United States and other countries. Some of these actions have determined significant case law for the information technology industry and many have captured the attention of the public and media. Apple's litigation generally involves intellectual property disputes, but the company has also been a party in lawsuits that include antitrust claims, consumer actions, commercial unfair trade practice suits, defamation claims, and corporate espionage, among other matters.
Christopher Soghoian is a privacy researcher and activist. He is currently working for Senator Ron Wyden as the senator’s Senior Advisor for Privacy & Cybersecurity. From 2012 to 2016, he was the principal technologist at the American Civil Liberties Union.
ConnectU was a social networking website launched on May 21, 2004, that was founded by Harvard students Cameron Winklevoss, Tyler Winklevoss, and Divya Narendra in December 2002. Users could add people as friends, send them messages, and update their personal profiles to notify friends about themselves. Users were placed in networks based upon the domain name associated with the email address they used for registration.
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Authors Guild v. Google 804 F.3d 202 was a copyright case heard in federal court for the Southern District of New York, and then the Second Circuit Court of Appeals between 2005 and 2015. It concerned fair use in copyright law and the transformation of printed copyrighted books into an online searchable database through scanning and digitization. It centered on the legality of the Google Book Search Library Partner project that had been launched in 2003.
Google Buzz was a social networking, microblogging and messaging tool developed by Google. It replaced Google Wave and was integrated into their web-based email program, Gmail. Users could share links, photos, videos, status messages and comments organized in "conversations" and visible in the user's inbox.
Robbins v. Lower Merion School District is a federal class action lawsuit, brought in February 2010 on behalf of students of two high schools in Lower Merion Township, a suburb of Philadelphia. In October 2010, the school district agreed to pay $610,000 to settle the Robbins and parallel Hasan lawsuits against it.
Edelson PC is an American plaintiffs' law firm that focuses on public client investigations, class actions, mass tort, and consumer protection laws. Edelson’s cases include class action settlements against Facebook for $650 million (2021), social casino apps for nearly $200 million (2021), and a $925 million verdict against ViSalus (2020.)
Lane vs. Facebook was a class-action lawsuit in the United States District Court for the Northern District of California regarding internet privacy and social media. In December 2007, Facebook launched Beacon, which resulted in users' private information being posted on Facebook without the users' consent. Facebook ended up terminating the Beacon program and created a $9.5 million fund for privacy and security. There was no monetary compensation awarded to Facebook users affected negatively by the Beacon program.
Rocky Mountain Bank v. Google Inc. was a decision by the United States District Court for the Northern District of California holding that Google had to reveal the account information of a Gmail user who had been mistakenly sent sensitive information from Rocky Mountain Bank.
United States v. Google Inc., No. 3:12-cv-04177, is a case in which the United States District Court for the Northern District of California approved a stipulated order for a permanent injunction and a $22.5 million civil penalty judgment, the largest civil penalty the Federal Trade Commission (FTC) has ever won in history. The FTC and Google Inc. consented to the entry of the stipulated order to resolve the dispute which arose from Google's violation of its privacy policy. In this case, the FTC found Google liable for misrepresenting "privacy assurances to users of Apple's Safari Internet browser". It was reached after the FTC considered that through the placement of advertising tracking cookies in the Safari web browser, and while serving targeted advertisements, Google violated the 2011 FTC's administrative order issued in FTC v. Google Inc.
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