In June 2020, Google faced a lawsuit over Google Chrome‘s incognito mode, which is neither incognito nor protective of user privacy. So far, so “normal,” as lawsuits are commonplace in the tech world and quite routine. However, we had to wait until now, August 2023, to learn that the trial is closer than ever… and a potential fine of $5 billion looms!
Just a few hours ago, Judge Yvonne González Rogers denied Google’s request for a summary judgment. According to the judge, with Google’s incognito mode, “there is a disputed issue as to whether the terms of use created a promise to be kept, that Google would not collect the data of users as they browsed privately.” In other words, the text we see when opening Google Chrome is subject to interpretation and indeed collects data, which is the argument put forth by the three users who sued Google in the federal court of San Jose, California, and sought the $5 billion fine.
In response to this opinion, Google pointed out in The Verge that Google Chrome’s incognito mode “lets you browse the web privately, without your activity being saved to your browser or device. As clearly stated each time you open a new tab in this mode, websites might collect information about your activity during your session.”
In light of all this information, the judge argues that a preliminary injunction is “necessary,” as it has been demonstrated that data is collected in incognito mode and later used in regular Google Chrome. The company continues to assert that everything is properly executed, but the data speaks for itself: it’s only a matter of time before the trial takes place to determine the outcome.
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