Google Snubs Privacy

Search giant Google has told the British government it is immune to prosecution on privacy issues and it can do what it like. The US Company is accused of illegally snooping on its British customers by bypassing privacy settings on Apple devices, such as iPads, to track their browsing history.

A group of British people took Google to court but the search engine is trying to get the case thrown out. Its argument is that it is not subject to British privacy law because it is based in California. This is the second time that Google has tried to avoid British law by pretending to operate in another country. It has come under fire for failing to pay tax in the UK

Nick Pickles, director of Big Brother Watch, said: ‘It is deeply worrying for a company with millions of British users to be brazenly saying they do not regard themselves bound by UK law. Solicitor Dan Tench, of law firm Olswang, said this was another instance of Google being here when it suits them and not being here when it doesn’t. Ironically when the US ordered Google to stop what it was doing, it forced the search engine to pay a $22.5million to regulators.

There are some indications that Google may not get its way. In July the Information Commissioner’s Office told Google its privacy rules breached UK law so it will be very hard for it to stand up in court and say it didn’t.

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Google Fights NSL Over Data Privacy

Google is fighting a National Security Letter (NSL) issued by the US government, with the Electronic Frontier Foundation (EFF) acknowledging it is one of the first firms to do so.

Google took the unusual step last month of revealing, albeit in vague terms, the number of NSLs it received from the US government. At the time the company said it was working with the authorities to improve transparency around the subject, but according to court filings it is also fighting against handing over users’ data.

In March, Google filed a petition to set aside a legal process. Kevan Fornasero, a lawyer for Google said in the filing that petitions “filed under Section 3511 of Title 18 to set aside legal process issued under Section 2709 of Title 18 must be filed under seal because Section 2709 prohibits disclosure of the legal process”.

Fornasero’s reference to Section 2709 refers to the ability of the FBI to issue NSLs and force the handover of user data. According to the EFF, Google is one of the first communications companies to fight an NSL, but because Section 2709 doesn’t allow firms to disclose the legal process, few people can be certain that others haven’t tried to stand up to the US government.

Matt Zimmerman, a lawyer for the EFF said, “The people who are in the best position to challenge the practice are people like Google. So far no one has really stood up for their users’ among large Internet service providers.”

Google has tried in recent years to provide users with some information on how it deals with government agencies’ requests for user data. If the firm can succeed in its fight against NSLs then it could open the floodgates for others to stand up against a law that some see to be nothing more than a snooper’s charter.

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Privacy Advocates & Lawmakers Push For Google Probe

Privacy groups and lawmakers are pushing for a new and more expansive investigation into Google and its privacy practices after the U.S. Federal Communications Commission announced that it found no evidence that the company violated eavesdropping laws.

Late last week, the FCC reported that there was no legal precedent to find fault with Google collecting unprotected home Wi-Fi data, such as personal email, passwords and search histories, with its roaming Street View cars between 2007 and 2010.

However, the FCC did fine Google $25,000 for obstructing its investigation.

A Google spokesperson took issue with the fine.

“We disagree with the FCC’s characterization of our cooperation in their investigation and will be filing a response,” said the spokesperson in an email to Computerworld. “It was a mistake for us to include code in our software that collected payload data, but we believe we did nothing illegal. We have worked with the relevant authorities to answer their questions and concerns.”

The Electronic Privacy Information Center (EPIC), a national privacy watchdog, disagreed with the FCC findings.

In a letter sent to U.S. Attorney General Eric Holder today, EPIC asked that the Department of Justice investigate Google’s surreptitious collecting of Wi-Fi data from residential networks.

“Given the inadequacy of the FCC’s investigation and the law enforcement responsibilities of the attorney general, EPIC urges the Department of Justice to investigate Google’s collection of Wi-Fi data from residential Wi-Fi networks,” wrote Mark Rotenberg, executive director of the advocacy group.

“By the [FCC’s] own admission, the investigation conducted was inadequate and did not address the applicability of federal wiretap law to Google’s interception of emails, usernames, passwords, browsing histories and other personal information,” Rotenberg added.

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The FCC Gives AT&T The OK

The U.S. Federal Communications Commission approved AT&T’s US$1.9 billion buying of spectrum from Qualcomm on Thursday, allowing the carrier to salvage one ambitious deal to acquire more spectrum, after squashing its planned merger with T-Mobile USA.

AT&T announced its plan to buy the Qualcomm spectrum last December, a few months before it revealed the much larger proposal to merge with T-Mobile for $39 billion. It said both were motivated by the need for more radio spectrum to increase the coverage and capacity of its LTE (Long-Term Evolution) network. AT&T withdrew the T-Mobile plan on Monday after the FCC, the Department of Justice and others said it was not in the public interest.

With the Qualcomm purchase, AT&T will get 6MHz of spectrum across the country in the coveted 700MHz band, as well as another 6MHz of spectrum in five major metropolitan areas: New York, Boston, Philadelphia, Los Angeles and San Francisco, according to the FCC’s order released Thursday. Those five markets represent about 70 million potential subscribers. The carrier has said it plans to use it as a supplemental downlink for its LTE network, allowing for faster and more consistent mobile data service.

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