Google ‘Wi-Spy’ Class Action Lawsuits Finally Move To Discovery

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After being bandied about the federal court system including the Ninth Circuit Court of Appeals for the past three years, a U.S. District Court judge ruled Friday that there is no reason to continue a stay placed on consolidated class action lawsuits accusing Google Inc. of illegally collecting data over residents’ Wi-Fi connections from its Street View mapping cars.

U.S. District Court Judge Charles Breyer ruled Feb. 14 that parties could begin discovery pertaining to Google’s claim that the collection of residents’ personal data over unsecured Wi-Fi connections did not violate the federal Wiretap Act.

The ruling followed a failed attempt by the search giant to convince the Ninth Circuit that it should toss the claims and that a stay on proceedings should be issued while it appealed the Ninth Circuit’s decision to the U.S. Supreme Court.

Google’s argument did not dissuade Judge Charles Breyer from lifting the stay put in place by predecessor Judge James Ware, who had put the stay in place more than two years ago. The consolidated class action lawsuits may still have issues regarding standing, an issue which should be resolved in limited pre-trial discovery, according to the order.

The original Google Wi-Spy class action lawsuits revolve around Google’s Street View cars that allegedly collected data over Wi-Fi networks that were not protected via encryption. That reportedly may have included emails and browser histories among other personal identifying information as they rolled through various neighborhoods to capture images to be used in Google Maps.

In the Ninth Circuit’s September decision, it noted that exemptions which Google had sought in the Wiretap Act did not match up with the facts of the case, specifically noting that the phrase “readily accessible to the general public” regarding radio communications was inapplicable because the Google Street View cars had to be located in close proximity to homes or businesses with wireless access, and operators of the software programs had to make specific connections to the Wi-Fi networks.

The defense team’s goals for discovery are to assess “whether any plaintiff suffered harm or Google earned any benefit as a result of the alleged interception of their Wi-Fi transmissions[.]” Plaintiffs alleging illegal Wi-Fi hacking by the search giant’s employees will be trying to obtain internal communications that would buttress allegations that company officials were aware of the activities allegedly in contravention of the Wiretap Act.

The plaintiffs are represented by class action attorneys Jeffrey L. Kodroff, John A. Macoretta and Mary Ann Geppert of Spector Roseman Kodroff & Willis PC and by Daniel A. Small and David A. Young of Cohen Milstein Sellers & Toll PLLC.

The Google Wi-Spy Class Action Lawsuits are consolidated as In re: Google Inc. Street View Electronic Communications Litigation, MDL No. 2184, U.S. District Court, Northern District of California.

UPDATE: On June 30, 2014, the U.S. Supreme Court said it would not review the Google Street View class action lawsuit, rejecting an appeal by the tech giant to have the case thrown out. 

UPDATE 2: On July 19, 2019, Google reached a $13 million settlement with customers who claimed that the company illegally gathered Wi-Fi network data with its Street View car fleet. 

UPDATE 3: October 2019, the Google Street View class action settlement is now open. Click here to learn more.

UPDATE 4: On Jan. 20, 2020, nine attorneys general filed an amicus brief objecting to a $13 million cy pres settlement between Google and consumers which would end a class action lawsuit related to company’s gathering of Wi-Fi data with its Street View vehicles.