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Google denied dismissal of wiretapping claims in Street View data snooping suit
Google's already vowed to pony up $7 million and destroy passwords, emails and other data collected from unsecured WiFi networks through its Street View cars, but the damage won't stop there. The US Court of Appeals for the Ninth Circuit has denied the company's attempt to dismiss wiretapping claims in a class action suit over the debacle. Page and Co. argued their actions could pass under a wiretap exemption since data transmitted over WiFi is an electronic communication that's easily accessible to the public. However, the panel of judges didn't buy the search giant's argument. "Wi-Fi transmissions are not 'readily accessible' to the 'general public' because most of the general public lacks the expertise to intercept and decode payload data transmitted over a Wi-Fi network," Judge Jay Bybee explained. Secondly, the court ruled that the data transmitted over WiFi can't be classified as mostly audio, so it falls "outside of the definition of a 'radio communication.'" "We are disappointed in the Ninth Circuit's decision and are considering our next steps," a Google spokesperson told Bloomberg. Now that Mountain View isn't getting off this hook, expect it to dish out more compensation soon.
DoJ reportedly asks service providers to dodge Wiretap Act
It's funny how a few tweaks can make a Government program go from completely legal, to questionably so. A new secret authorization puts the US Justice Department on the fuzzy side of the legal line, approving the expansion of a program originally intended to monitor the internet traffic of military defense contractors to include energy, healthcare and finance sectors. The original program, known as the DIB Cyber Pilot, was voluntary, requiring users to approve monitoring via a login interface. Specific details on how the new program differs aren't known, but CNET reports that the Justice Department has begun issuing letters granting legal immunity to providers who violate the Wiretap Act for the sake of the program. These letters were sent to AT&T and other internet service providers, though it isn't clear how many have gone out. Electronic Privacy Information Center executive director Marc Rotenberg summarized the situation for CNET, "The Justice Department is helping private companies evade federal wiretap laws. Alarm bells should be going off." The operation was approved by Executive order earlier this year, but remains on shaky ground. Still, these legal complications could soon vanish: if signed into law, the CISPA (Cyber Intelligence Sharing and Protection Act) would formally authorize the program. The expanded program doesn't go into effect until June 12th and will only apply to areas of critical infrastructure. Hungry for more information? Don your tinfoil hat, and check out CNET for the entire report.
