Thursday, February 9, 2012

UPDATE: Google Clears the Air Over Wi-Fi-Gate

June 21, 2010

Does Google think it's illegal for third parties to collect personal information from unsecured wireless networks? The company appears to have made conflicting statements on the matter.

Google maintains its own WiFi service in Mountain View, Calif., where it is based. The privacy policy for that service warns users to beware of illegal data collection. "Wireless Internet access presents challenges for protecting your information from illegal data interception by third parties," the policy states.

But Google's director of public policy, Pablo Chavez, sent a letter to lawmakers on the House Energy and Commerce Committee last week stating that Google does not believe it violated U.S. law by when it engaged in what critics say was a similar activity.

The letter was sent in response to complaints that Google gathered sensitive data, such as Websites being visited, from WiFi networks while collecting images for its Street View technology.

"We believe it does not violate U.S. law to collect payload data from networks that are configured to be openly accessible (i.e., not secured by encryption and thus accessible by any user's device)," Chavez wrote. "We emphasize that being lawful and being the right thing to do are two different things, and that collecting payload data was a mistake for which we are profoundly sorry."

UPDATE -- A Google spokeswoman offered this explanation in response to questions: "It was a mistake for us to include code in our software that collected payload data from unencrypted networks, but we don't believe we broke any U.S. laws. The privacy policy for Google WiFi refers to both secure and unsecured networks, and it's legal to receive information from networks configured to be open to the public."

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Juliana Gruenwald

Tech Writer

E-Mail: jgruenwald@nationaljournal.com.


Juliana Gruenwald has been covering tech and telecom issues for more than a decade for National Journal, Interactive Week, BNA and Congressional Quarterly. This is her second stint with National Journal. She was recruited by NJ in 1998 to help launch its first tech policy publication, Technology Daily. She left in 2000 to cover international tech and telecom issues for Ziff Davis Media's Interactive Week magazine. She started her career at United Press International as the wire service's first Helen Thomas Intern. She has a Bachelor of Arts degree from the University of Minnesota. A Minneapolis native, she misses the lakes but not the cold.


Josh Smith

Tech Reporter

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Josh Smith covers technology policy as a staff reporter for National Journal. He previously interned at National Journal Daily, a Senate press office, and the Deseret News in Salt Lake City where he covered the state legislature, courts, and crime. In 2009 he graduated with honors from Southern Utah University after managing an award-winning student newspaper as editor-in-chief. Josh has received state, regional and national awards for his political and policy reporting, including first place in CapitolBeat’s 2009 Best of Statehouse Reporting college competition. A native of drop-dead-gorgeous Utah, Josh lives in Virginia with his wife, Amber.