Tech News Google faces $5 billion lawsuit over tracking users in incognito mode

Google faces $5 billion lawsuit over tracking users in incognito mode

Google is facing a $5 billion class action lawsuit over tracking Chrome users — even in incognito mode.
The lawsuit, which was filed in the federal court in San Jose, California on Tuesday, accuses the company of collecting information about what people view and what pages they visit online despite claiming incognito mode is private.

The complaint further alleges gathering data through Google Analytics, Google Ad Manager, and various mobile apps helps the company learn about users’ closest contacts, hobbies, dieting habits, and even the “most intimate and potentially embarrassing things” they search for online.

Google “cannot continue to engage in the covert and unauthorized data collection from virtually every American with a computer or phone,” the lawsuit argues. The complaint seeks compensation of at least $5,000 for violations of federal wiretapping and California privacy laws for the “millions” of people who’ve used incognito mode since June 1, 2016.

“As we clearly state each time you open a new incognito tab, websites might be able to collect information about your browsing activity,” Google spokesperson Jose Castaneda told Reuters, adding the company has every intention of defending itself in court.

Skeptics have long been warning companies like Google and Facebook’s pervasive tracking practices collect data about users even when using incognito mode.

“[M]any sites and apps include code from other parties of which users are typically unaware,” researchers from Microsoft, Carnegie Mellon University, and University of Pennsylvania wrote in a study published in 2019. “Such ‘third-party’ code can allow companies to monitor the actions of users without their knowledge or consent and build detailed profiles of their habits and interests.”

Google has also previously been accused of personalizing search results in incognito mode by rival DuckDuckGo — a claim that suggests the company’s private browsing mode isn’t as anonymous as we might think.

Source: https://thenextweb.com/apps/2020/06/04/google-chrome-tracking-incognito-mode-lawsuit/​

 

[*Maestro*]

Wow, hell its about time. Good read thank you!

 

[Baronstragen]

Yep, avoid Google search and browser. Duck duck go is your real friend.

 

[znop01]

I have nothing to hide so I'll continue to use and support Google Chrome.

 

[Cyler]

Not that I defend Google (or any company) but if we are to be with the side of logic and truth, this news statement is factually wrong (and thank you juanamm for bringing this to our attention) and I think those who filed the lawsuit have as a goal to get money. Either that or this specific lawsuit sounds like those who think 5G is bad and causes COVID-19, or the earth is flat and NASA is covering it.

Don't take my word tho, all we have to do is look at some facts and in this case the incognito page itself.

Incognito mode has to do with OUR device only and not the tracking that happens on the internet from ANY source and it's clearly stated in the yellow marked text. It only protects you in case you want to use a browser to access a web page (like bank or email) without that browser session save ANY of your data (usernames/passwords/history/cookies, etc) on a PC that other people use.

As we can also see in the red box, Web sites, as well as ISPs, can still track you which anyone that knows even a little about PC and internet knows it can't be avoided in ANY browser and not just Chrome which makes it even weirder as they would have to file lawsuits against ALL browsers that have similar modes. Incognito mode is not magic, it just blocks cookies and runs chrome (or any other browser) without any user credentials, much like it would be if you just installed chrome and gave no account info.

Those people just use a lot of tech jargon to confuse and make people panic for something that is otherwise clear.

Again not defending google or anything, but I believe that people should be on the side of truth and logic and not with the side of conspiracy theories and tin foil hats from those who seek to exploit, misinformation, and lack of knowledge from the simple user.

 

[juanamm]

I think exactly like you @Cyler.
I have also read the warnings that are displayed before navigating in incognito mode.
But I believe that the demand is based on the fact that Google does not warn that they themselves can have records of the navigations and apparently they sell them.
Google warns that the websites that are visited, our employer / school, or our ISP may see our activity. But they do not say anything about Google Analytics / Ad Manager / AdSense (which the websites we visit may have) and in this indirect way all the data is recorded by Google (and supposedly we sell them later).
Those are the arguments that lawyers will use against Google.

 

[Cyler]

But I believe that the demand is based on the fact that Google does not warn that they themselves can have records of the navigations and apparently they sell them.

They don't need to warn you separately as they already did when you installed chrome and when you signed to use their services (search, m@il, etc) and when you create your google account. See since they specifically tell you that incognito, ONLY protects you from other users on the device you use incognito mode on, it also means they DON'T protect you anywhere else. It's not implied that you have internet protection at least not when one uses logic.

...But they do not say anything about Google Analytics / Ad Manager / AdSense...

As far as google analytics, that has nothing to do with incognito as its a separate function that doesn't work on the user end but rather on the server end and so its included in the "websites you visit". Analytics will for example, also track your IP/ISP and not (only) your account that you use on the browser which has nothing to do with Chrome itself as the same applies for Firefox, Edge, and any other browser. The same goes for web site logins, if you are in incognito mode and log on into Gdrive, the site doesn't track the browser but the login credential.

Also, we must remember that google analytic is not the only analytics service that exists and that almost all services from antivirus and VPN to websites and analytics track in some way but that's is not necessarily bad.

So why aren't they suing all browsers that have the same function and other analytic services as they too have the same or worse functions? Avast is doing far worse but nobody cares. VPN services, few that are posted here, sell your data too and in a much more sinister and deceitful way, but I don't see any lawsuits. Why do you think all of a sudden there are so many VPN services and with so easy use of free "unlimited and paid" accounts? Unless one thinks that NORD cant track who is using another person's account. If that was even true, that shows that we trust our data to a security company that cant secure and protect its paid members data.

Here we have to understand that by the word "data" they don't mean mine or yours. No multi-billion company cares what you and I do or don't do. But they do care to sell the group statistics, for example, I have an xxx number of customers that like PCs, or cars, or cameras (or any product). if you like to advertise ONLY to those (targeted marketing) you have to pay and that's how they make money.

The same happens with a lot of other companies too like Microsoft and telemetry. Sadly in that case too, 90% of info about telemetry is wrong but we ll get into that on another post soon.

Back to the point, those 3 people that are after incognito mode, in my opinion, and if we have all the facts of the lawsuit, are either not technologically knowledgeable and in limited understanding about the internet and how it works, or they are after to settle for money thinking that google will pay so not to have bad publicity.

 

[Mr. Spacely]

Just visit this: https://myactivity.google.com/myactivity and you can see what data google has on you also you can delete it but still it's a lot of data even for 15 min of browsing.

Thanks @Cyler for tip

 

[Cyler]

Switch to incognito and visit the same web page. That was my point. Also visit other sites while in incognito and see if they show up in your google account after. Of course google stores info on us but it's not for "spying" or because they want to see what Cyler does and it has nothing to do with incognito mode case.

EVERY site and service (including this one) stores info about its users and its only logical. A web site has to store your username/password so you can log and it stores your em@il so it can contact you for notifications. It keeps a record of the pages you posted so you can see all your posts and get notifications when people answer. It keeps a record of all the torrents you downloaded so as to keep track and notify you of your uploaded and downloaded status and how much you seeded. The admins can see the IPs so they can keep track of hit and run people that create several accounts to circumvent the ratio policy or other rules. If we are to wear tinfoil hats we can say the admins spy on us... which is far from the truth. They couldn't care less (I hope) as long as members "play nice" and by the rules and don't create issues on the site.

As for the link, better remove it, but let it as text so people can copy-paste, cause the sites that are visited by links can track which site those links originated from and google will see a number of people coming from here. Not a major problem to be honest but better be safe than sorry.

 

[juanamm]

As far as google analytics, that has nothing to do with incognito as its a separate function that doesn't work on the user end but rather on the server end and so its included in the "websites you visit".

I am not going to defend Google or the lawyers who are making the lawsuit.
But I think they are two different things.
What is warned when starting to browse incognito mode is that the "websites we visit" can visualize our activity.
But in reality it is not only those sites that view it, it is also viewed, registered and analyzed by Google on those sites that have Analytics code.
According to the plaintiffs, the thing does not end there, but that information is then sold by Google to companies so that they offer the users products or services related to the navigation they did.

A half truth is a whole lie.

To be 100% transparent Google would have to add a new warning to the 3 that it currently has:
"Google can access, view, analyze, record and even sell the data that it collects in incognito mode on those websites that have Analytics incorporated into their web code."

 

[*Maestro*]

A half truth is a whole lie.

well said.

 

[Cyler]

I think you are missing the point and talk about things not related to Chrome and Incognito mode which was the point of the post. Let's go back at the start and read.

Google is facing a $5 billion class action lawsuit over tracking Chrome users — even in incognito mode.

Here is the first mistake. Incognito mode has nothing to do with websites tracking users. Incognito mode only blocks chrome from saving locally (on the PC), cookies, web history, and personal info like usernames/passwords, etc, and so other people that use the same PC/chrome can not track what you did. Nothing more nothing less, don't you agree? So if someone thought that the web sites stop tracking you while in incognito mode is simply wrong and doesn't understand how networks and internet works. Furthermore, that is not limited to Chrome. Edge does the same, Firefox does the same, most other browsers do the same, so why single out Chrome. As an example look at Firefox warning.

The lawsuit, which was filed in the federal court in San Jose, California on Tuesday, accuses the company of collecting information about what people view and what pages they visit online despite claiming incognito mode is private.

I still can't seem to find where is that claim. No browser, let alone chrome, states ANYWHERE that incognito mode is supposed to block online tracking. If we actually search about it from an independent source, we can find the following.

I highlighted the keywords to make it easier. Local, Same device... Does anyone see anything about private (incognito) mode, protecting you from being tracked by websites/analytics, etc? If not then the core idea of the case is simply wrong and misleading.

Just to be clear, the points above mean that those who filed the lawsuit focused on what happens while Chrome is in incognito mode and they imply that while in incognito mode, google promises privacy protection when surfing on the net from web sites, or analytics, or anything else server related, something that chrome (or any browser) never promised in the first place. Incognito mode works ONLY locally, on the device chrome is running and is not to safeguard user data from websites. End of story.

I have to add here that it's very hard to impossible, to block ANY site from tracking you. One has to take several measures and use several programs concurrently to be truly effective. Virtual machine build for browsing as well as VPN and DNS over HTTPS (DoH) along with fake accounts. Of course, the downside is you will also make each service less functional and less useful to you.

Now for the analytics part, I will keep it short as it's irrelevant and will also use a similar phrase as yours.

The reason that I often use the above, is because when people don't research or have a deep knowledge of the facts but they have a small understanding, most of the times from what they see on youtube/google which are full of bad info, they often talk as they are experts and say wrong and misleading things to others which is worse than not knowing at all in the first place.

Those 3 that filed the lawsuit, as well as a lot of people, I assume they would be surprised when they learn that analytics has several switches to block the data sharing and it's up to the individual site if they want to share user data or not. Essentially a web site sells/shares the data to companies like google so if anyone is to blame, its each web site that doesn't state that they share/sell user data for profit or discounts.

But in reality it is not only those sites that view it, it is also viewed, registered and analyzed by Google on those sites that have Analytics code.

As you see, the description of how Google Analytics and any other analytic works is a bit inaccurate. Google will happily collect/analyze web site traffic data IF the site allows it. From the sites I created, I haven't seen evidence of the opposite, nor I heard/found evidence from anywhere else but I could be wrong.

What a web site does since it's a private company/business/owner is up to them. What we as users can do is either safeguard our own data (fake accounts/data, VPN, Virtual machine browsing, etc) or stop using said browser and/or websites. If you feel what google does is bad (it is) use duckduckgo or other search engines. If enough people stop using it and they start losing money they will get the message.

To be 100% transparent Google would have to add a new warning to the 3 that it currently has:
"Google can access, view, analyze, record and even sell the data that it collects in incognito mode on those websites that have Analytics incorporated into their web code."

Based on the above, this is inaccurate or even irrelevant. When you sign up for a google account or download Chrome the company (and every company) clearly states what they collect and what can you do about that, so you are already warned. Incognito mode has nothing to do with analytics and sites as it only applies locally and not on lan/wan.

Again, I have to state, I'm only in favor of the truth and facts and don't defend google and for sure don't support the user data collection from ANY service but before we accuse others, we should make sure we are right to our claims because if we start stating wrong facts, companies find excuses to avoid the law.

A half truth is a whole lie.

You are right here my friend. This lawsuit is indeed half-truth (or hardly any) and therefore a lie.

Now that we know a bit more about private mode and analytics etc, one has to wonder... Why only Google as all browsers behave the same? Why only google analytics as there are another more dangerous analytics out there? I would support the cause if it was broader and more honest, but it's not. I still suspect its just a money grab.

My 2 cents.

 

[sujatha1983]

Yep, avoid Google search and browser. Duck duck go is your real friend.

i use microsoft edge browser and its awesome

 

[Vasili]

it is also viewed, registered and analyzed by Google

spot on. Google tracks everything you do and stores the info. and sells it. in the same way that Gmale stores all emails and keeps them, even if you delete them at your end. Best advice is to avoid google as much as possible and don't use gmale. Also google do not honor your privacy in any way whatsoever.