On November 2, 2010, all of Google users have received an e-mail from Google Buzz informing them about Google’s recent settlement in a class action lawsuit regarding Google Buzz’s privacy issues. Several plaintiffs filed a complaint alleging that Google violated the Electronic Communications Privacy Act, the Stored Communications Act, the Computer Fraud and Abuse Act, and California State and common law. Google appropriated $ 8.5 million to establish a settlement fund in accordance with the Settlement Agreement.
The plaintiffs are ordinary Google users. They alleged that when Buzz was first rolled out in February, 2010, all Gmail users were automatically added to Buzz. One big issue being complained about is the “followers” and “following” list. The plaintiffs alleged that Buzz automatically created a list of “followers” and a list of persons whom the user was automatically “following”. The lists were created by selecting those email contacts with whom the user communicated most frequently. Thus, Google shared information about one user’s frequent contacts with other users that this user may not agree to share information with, and did not provide the user an opportunity to block the any new follower before the follower views his contacts list.
The “followers” and “following” lists have already created some privacy problems. The complaint provided some cases. For example, the lists revealed that Andrew McLaughlin, Deputy Chief Technology Officer in charge of Internet policy in the White House, continued to have close connections with many Google’s high officials. This prompted one watchdog group to request all emails between Mr. McLaughlin and Google’s higher-ups in concern of his impartiality. There are also concerns about revealing the confidential client and contact lists of lawyers and doctors.
The parties reached a settlement agreement with Google without acknowledging any fault or liability. However, Google agreed to make changes to Buzz to clarify users’ options regarding user information and privacy settings. Google also agreed to “disseminate wider public education about the privacy aspects of Google Buzz.” Finally, Google agreed to establish an $ 8.5 million settlement fund. The fund will be maintained by the Class Action Administrator and will be used to “support organizations promoting privacy education and policy on the web.”
Google made it clear that Gmail users may not receive compensation from this settlement. However, Gmail users do have some options if they do not like the settlement. If a user wants to bring her own lawsuit, she must opt out by mailing the request for exclusion by December 6, 2010. She may also write to the court about her objections to the settlement by January 10, 2011. Finally, she can request to speak in the Fairness Hearing about the fairness and reasonableness of the settlement. The court will hold the Hearing at 9:00 a.m. on January 31, 2011 at the United States District Court for the Northern District of California, San Jose Division. Notice of Intent of Appear must be received before January 10, 2011.
This settlement is ridiculous. Millions for the plaintiffs’ attorneys, nothing for the class, and Google’s problem goes away. I filed my objection; others should too.
I am not sure if Facebook has similar problems as well. For example, Facebook updates who (A) is now friend with whom (B). Even though A (your friend) agrees to show his recent activities to his friends, B may not agree to do so. Thus, Facebook is revealing A and B’s relationship to A’s friends without B’s knowledge and agreement.