Google has previously admitted that it accidentally collected some open WiFi data. It is not exactly clear what Google was using the data for. If data is unencrypted, anyone using a WiFi network can see data used by others on that same access point. Is this legal? We will soon find out.
The first class action against Google’s so-called data collecting has been filed by three attorneys from Oregon. The complaint alleges that the company violated Washington and Oregon privacy laws as well as the federal Electronic Communications Privacy Act.
The plaintiffs are seeking up to $10,000 per violation suffered by each class member plus other damages. See the complaint below.
Reading the complaint, I have no idea why the plaintiffs believe that their data was collected by Google. Granted, the plaintiff’s will have the opportunity during discovery to find out why and how their data was collected. At this stage, it looks to me that the lawyers went fishing for two plaintiffs and found them.
It is unclear what type of damages the plaintiffs can hope to receive. According to the Recorder,
federal law may not offer the damages that the plaintiffs are seeking. The Electronic Communications Privacy Act offers a safe harbor for some breaches if the collected information is publicly accessible, said Orrick, Herrington & Sutcliffe partner I. Neel Chatterjee. Companies have typically been protected too if they can prove they collected the data unintentionally.
One of the plaintiffs admits that her data was not encrypted. Where are the damages there?
As a publicity stunt, the lawyers may win. However, the case is premised on a weak legal basis and will likely be dismissed.
If you have any questions about privacy law in New York, contact me at the Law Office of Frederic R. Abramson at 212-233-0666.
Protecting intellectual property from a cyber attack is something that all companies need to be concerned about. Google recently released information about a targeted attack on their intellectual property and data that occurred in December, 2009. The attack came from China and according to Google, resulted in the “theft of intellectual property from Google.” Apparently they were not the only company that was under a cyber attacks. At least 20 other corporations were hit, including a law firm that was suing China.
The route attackers used was malicious software used to infect personal computers. Any computer connected to the Internet can fall victim to such attacks.
E-mails were targeted at individuals in each company that were made to appear as that they were coming from other people at each company. They attempted to get their target to click on a link or attachment.
Potential Legal Consequences of a Breach
If your company has been subject to a cyber attack and data has been breached, your company may be subject to litigation. There have been an increase in the number of lawsuits commenced by customers and clients whose data have been compromised. For example, there is currently a lawsuit in Pennsylvania against Heartland Payment Systems, which claims that the company waited to tell consumers about a data breach and failed to protect sensitive information.
Businesses also need to be aware of compliance laws such as Sarbanes Oxley when they lose the personal information of their customers.
Potential Legal Consequences of an Intellectual Property Breach
Cyber Attacks, like the one inflicted against Google, often attempt to steal Intellectual Property. Trademarks, patents, copyrights and trade secrets, are big targets for cyber criminals.
What companies from selected industries can do to protect their data
High-tech: Need to protect source code and engineering design documents.
Banks and Financial Companies: Confidential customer information.
Pharma and Bio-Tech: Trade secrets such as research and the manufacturing of drugs.
If you have any questions or if you wish to discuss this issue further, please don’t hesitate to contact me at The Law Office of Frederic R. Abramson at 212-233-0666.
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