Yahoo! Declared Not Liable for Defamation in Argentina

By BHRP

Flickr Creative Commons | Steakpinball

On August 13, 2010, an Argentine Appellate Court overturned a 2008 ruling of a lower court that had found Yahoo! de Argentina SRL and Google Argentina  liable for defamation in the case of an Argentine entertainer, Virginia Da Cunha. Da Cunha is one of several Argentine celebrities who have been seeking money damages in relation to the companies’ alleged failure to block all third-party owned and controlled sexually-oriented Web sites that contain their name or images.

In issuing the 2-1 decision in favor of the companies, the Appellate Court concluded that the companies could be held liable for damages based on a defamation claim only if they were made aware of clearly illegal content and were negligent in removing it. The Appellate Court stated:

 “…this Court finds no liability can be held against Defendants (search engines) for injurious search results that appeared on the Internet before Defendants have received notice requesting the exclusion of said search results. The mere possibility that a (defendant) search engine produces search results from third party sites that yield offensive and scandalous information about an individual, which may cause injury or damage to that person’s image or reputation, does not by itself mean that said individual has a right to seek damages directly against the search engines.”

In response to the ruling, Bill Carvalho, Yahoo’s Regional General Counsel for Americas, issued the following statement:

“Yahoo! is happy with and encouraged by the Da Cunha ruling; we believe this will set precedence for similar pending cases in Argentina. Rulings in these cases and the preliminary orders associated with them seem to reflect the Argentine courts trying to develop their understanding of an issue created by the modern development of search engines. As they come to more fully understand the Internet and the roles of the various parties involved in these cases – from the search engines to the parties actually publishing the content objected to – we are confident that the courts will conclude that we neither control nor manage the content published by third parties and should not be held responsible or liable for their editorial choices on their own websites.

Yahoo! will continue to defend the important principles behind our position and pursuing these matters within the Argentine legal system. We believe a positive outcome for Yahoo! Argentina on the principles we are defending will also benefit Internet users throughout Argentina.

The ruling affected Yahoo!’s search engine in Argentina only and not the U.S. sites. The Argentine Appellate Court alluded to the importance and accessibility of information in a free and democratic society and that the Internet is but one important tool for Argentine society to be informed of different and diverse ideas. The Appellate Court concluded by stating:

 “Argentine Civil Law #26.032/05 has established that the search, receipt and exchange of diverse ideas from an Internet service, falls clearly within the constitutional guaranty of the freedom of expression”.

By Ernesto Luciano |General Counsel |Yahoo! Hispanic Americas

Google and Yahoo Win Appeal in Argentine Case

By Tsering

Flickr Creative Commons | Diegosaurius Rex

By Vinod Sreeharsha | New York Times | August 19, 2010

BUENOS AIRES — In a rare victory for Google and Yahoo Argentina, an appeals court has cleared the companies of defamation for including sex-related Web sites in their search results for an Argentine entertainer.

The appeals court overturned a lower-court ruling that had found the companies liable for defaming the entertainer, Virginia Da Cunha.

The lower-court decision last year had also ordered the companies to pay damages and remove all sites containing sexual, erotic and pornographic content that contained the name or image of Ms. Da Cunha from its results.

The 2-to-1 appeals court ruling, issued last week, said the firms could be held liable for defamation only if they were made aware of clearly illegal content and were negligent in removing it.

The Da Cunha case was the furthest along in the courts of at least 130 similar cases, dating back to 2006. Each one demands content removal. Plaintiffs have included a Sports Illustrated swimsuit model, Yesica Toscanini, and the soccer legend Diego Maradona, but are mostly entertainers and models.

Latin America is growing in importance to United States technology companies, particularly those dealing with user-generated content. Despite the victory, Google and Yahoo Argentina’s legal battles are not over. Argentine judges are not required to abide by the latest decision and one of Ms. Da Cunha’s lawyers, Gustavo Tanus, said he intended to appeal to the Argentine Supreme Court.

Most injunctions have been upheld on appeal and take effect until liability is decided. But more than four years later, just two cases have been decided, in what Argentine lawyer Pablo Crescimbeni calls an “abuse of the system.” The Maradona case was reversed.

Google has maintained that it is unable to comply with broad injunctions. Yahoo has taken a different approach, saying the only way to follow the order is to block all sites referencing each plaintiff. So a Yahoo Argentina user searching for Yesica Toscanini gets a nearly blank page citing the judicial order.

The issue of liability over third-party Internet content has long been debated in the United States and Europe. Congress has largely shielded content carriers in the United States over what third-party sites put up. Internet filtering takes place in at least 40 countries, according to the Berkman Center for Internet and Society at the Harvard Law School.

Yet the Argentine cases are unusual, Internet legal experts say. “This is a unique situation in Argentina. I know of no other examples in which the search of an individual is completely blocked,” said Rob Faris of the center. He said China was the only other country requiring search engines to decide what was acceptable.

Ms. Da Cunha’s lawyers, Martin Leguizamon and Mr. Tanus, contend the two companies, by allowing third-party sex sites to mention their client’s name, are violating her privacy and producing “moral harm,” which they say is prohibited by Argentina’s constitution. They also argue that the search engines are violating the country’s copyright laws by allowing sites to display their client’s images without consent.

In a recent interview, Mr. Tanus said, “We are not these crazy Argentines who are against technology.”

Maria Baudino, Google’s Latin America counsel, said that most of the judicial orders against the company were “overly broad and would censor all content regarding an individual.” She argued that Google was a neutral platform and should not be held responsible for third-party content.

Bill Carvalho, Yahoo’s general counsel for Latin America, said that “it is not illegal in Argentina to have a person’s name next to a sexually related Web site or have any association with the Web site. That would be requiring search engines to decide what is defamatory.”

Google lets uneasy Germans opt out of ‘Street View’

By Tsering

Flickr Creative Commons | Alberto Varela

By Deborah Cole | AFP | August 10, 2010

BERLIN — Google said Tuesday it would allow Germans to opt out of its disputed Street View navigation service ahead of its launch in the country this year but privacy watchdogs were still not happy.

The move is part of an effort to placate German authorities, who have serious concerns about the service that allows users to view online panoramic still photos at street level taken using specially equipped vehicles.

“Google will roll out Street View for the 20 biggest German cities by the end of the year,” the company said in a statement, meaning Germany will join the list of 23 countries featured on Street View.

The service, launched in 2007, allows users to view street scenes on Google Maps and “walk” through cities such as New York, Paris or Hong Kong on their computers or smartphones.

But Street View has been dogged by legal problems. On Tuesday South Korean police searched Google offices on suspicion of breaching privacy laws while collecting information for the service.

The debate has been particularly heated in Germany, where authorities forced concessions from the Internet giant.

“Germany had very unique experiences with data protection during the two dictatorships,” under the Nazis and the East German communists, said Internet specialist Falk Lueke of the VBVZ consumers association.

Uniquely for Germany, Google will launch a campaign Wednesday informing citizens concerned about safety or privacy how they can have pictures of their homes or businesses pixelled out before they are published.

“Renters or owners can apply to have their building made unrecognisable before the pictures are published online” from next week, the company said.

Google already blocks out people’s faces and car number plates in the other countries featured on Street View and will also do so in Germany.

In April Consumer Affairs Minister Ilse Aigner and Google reached an agreement after a lengthy dispute under which the company would only provide Street View images from Germany after it had addressed privacy concerns.

Aigner, a fierce defender of privacy rights online, made headlines in June when said she would delete her Facebook profile over data protection issues.

She welcomed Google’s concessions as a victory for her hardline stance.

“My demands and the public debate about Google publishing information about homes and property on the Internet have borne fruit,” her ministry said in a statement.

Google’s announcement failed to silence the most vocal critics, who said the opt-out policy was far too complicated.

Johannes Caspar, the commissioner for data protection and freedom of information in Hamburg, where Google’s German unit is based, said he was “stunned” about the quick roll-out.

“My concerns about implementing these complex opt-out proceedings were unfortunately not respected,” said Caspar, who was involved in the initial negotiations with the company,

He noted that Google was launching the campaign when many Germans are still away on their summer holidays and was limiting it to four weeks, after which photographs can only be pulled from the Web post-publication.

Lueke said the launch would be an experiment for Google and Germany.

“Many problems will only be identifiable once the software is launched,” Lueke said. “For example, will faces be better pixelled out than in Britain, where you can still recognise them?”

The company noted, however, that Germans were already among its most avid users of Street View when making their travel plans abroad, with nearly one million clicks per day.

“That is the problem: no one wants to see his house on the Internet. But everybody wants to find photos of their vacation rental,” Lueke said.

Google Says Censorship Not Obstacle to Its Middle East Growth

By Tsering

Flickr Creative Commons | Camera Eye

By Vivian Salama &  Heidi Couch | Bloomberg | July 28, 2010

Google Inc., owner of the world’s most popular Internet search engine, said it’s not hindered in the Middle East by government-backed censorship as it seeks to ride growing opportunities in the region.

“We tend to operate in a very, very competitive industry, so users are generally one click away from changing their preferences,” Ari Kesisoglu, manager for Google Middle East, said in a Bloomberg Television interview in Dubai. “We are not censoring our own information, and we’ve never been asked to.”

Google, based in Mountain View, California, is seeking to gain ground in the Middle East, where it estimates that less than 15 percent of the residents go online. The company went public with a dispute in China in January, saying it was no longer willing to comply with filtering regulations.
 
“If you want to play ball in China or the Middle East or basically any other country outside, you’ve got to play by the local rules,” said Jin Yoon, an analyst at Nomura Holdings Inc. in Hong Kong. “If you don’t play by the local rules, you essentially have to mark yourself out of the market.”
 
China’s government confirmed that it renewed Google’s Internet license, after the U.S. company’s local venture pledged to allow regulators to supervise its Web content, the official Xinhua news agency said July 11. The move gives Google a chance to win search share lost to market leader Baidu Inc. and woo advertisers put off by its dispute with the government.
 
“Whatever happened in China is completely exceptional and it doesn’t result in us making any decisions globally,” Kesisoglu said.
 
Middle East Censorship
 
In many Middle Eastern countries, television programs and films cut out nudity, physical intimacy or homosexual scenes. Internet firewalls are common across the region, particularly in the Persian Gulf, where several countries ban popular websites such as Skype and Flickr. Websites that are critical of Islam or ruling political regimes are often blocked.
 
In August, Yahoo! Inc. purchased Maktoob.com, providing it with an entry point into a market that includes 22 countries and more than 350 million Arabic speakers. Maktoob is the largest portal in the Arab world with 16 million monthly users. Vodafone Egypt last year purchased Sarmady, a Cairo-based provider of digital content.
 
“Google, Yahoo, help the region and lobby the government for less censorship,” said Samih Toukan, founder of Maktoob.com. “We lobby as local people because censorship hurts us, it hurts innovation it hurts growth.”
 
Bloggers Arrested
 
Global Voices Online, an international bloggers’ network, has documented 206 cases of bloggers under arrest or threat, mostly in China, Egypt and Iran. In Egypt and Iran, online political activists have been arrested and prosecuted after rallying in support of opposition parties.
 
Restrictions stretch beyond the Web and films. In the United Arab Emirates, Research In Motion Ltd.’s BlackBerry smartphones may be subject to monitoring if the government is able to bring communications by the handheld devices under emergency and security rules.
 
Blackberry devices, introduced in the U.A.E. in 2006, are not covered by the country’s 2007 Safety, Emergency and National Security rules, the Telecommunications Regulatory Authority said July 25.

China Renews Google’s License

By Tsering

Flickr Creative Commons | Craig Maccubbin

By David Barboza | The New York Times | July 9, 2010

SHANGHAI — The Internet giant Google said Friday that the Beijing government had renewed its license to operate a Web site in mainland China, ending months of tension after the company stopped censoring search results here and moved some operations out of the country.

Google made the announcement early Friday morning in California in a blog posting by its chief legal officer, David Drummond.

“We are very pleased that the government has renewed our I.C.P. license,” Mr. Drummond wrote referring to an Internet content provider license. “And we look forward to continuing to provide Web search and local products to our users in China.”

Google’s chief executive, Eric E. Schmidt, said Friday that the renewal “was the outcome we were hoping for.”

Mr. Schmidt, who told reporters on Thursday that the company expected to obtain the renewal, said that he did not know China’s decision would come so soon and was informed of the decision early Friday. He had expected the decision to come down within 24 to 48 hours.

“We’ll keep doing what we’re doing, and they’ll keep doing what they’re doing,” he said Friday at the Allen & Company media conference in Sun Valley, Idaho.

If the license had not been renewed, Google would have effectively been forced to shut down its Web site, google.cn, in China. With the renewal, however, Google can continue offering limited services in China and direct users to the company’s uncensored Hong Kong-based Chinese language search engine, google.com.hk. Hong Kong, a former British colony that is now a special administrative region of China, is governed separately from the mainland. Under the current setup in mainland China, users can conduct a Google search and see the results, but often they cannot open the links.

The license renewal is a sign that Google, while uncomfortable with operating in China and censoring its search results on Beijing’s behalf, is determined to keep a foot in China, which now has more Internet users than the United States.

Google announced in January that it had suffered China-based cyberattacks on its databases and the e-mail accounts of some users. The company said it would also stop censoring search results, which it had agreed to do when it first began to operate in China several years ago. The Chinese government insists that its citizens’ access to the Internet be stripped of offensive and some politically sensitive material.

In March, Google closed its Internet search service in China and began directing users to the uncensored Hong Kong site.

Many analysts were stunned by the moves and questioned whether Google was acting prudently in risking its spot in the world’s largest Internet market.

Just a few weeks ago, however, Google signaled a softer approach to Beijing by saying that it had stopped automatically sending users in mainland China to its Hong Kong site. The company said it had created a Web page that offered users in mainland China a choice, rather than automatically directing them to its Hong Kong site.

The move, though seemingly insignificant, seemed to comply better with Beijing’s strict regulations.

“This approach ensures we stay true to our commitment not to censor our results on google.cn and gives users access to all of our services from one page,” Mr. Drummond wrote at the time.

Renewal is required annually for Google’s license, which officially expires in 2012.

“This is a reasonable move by the government,” Jake Li, an Internet analyst at Guotai Junan Securities in Shenzhen, told Bloomberg News. “Google has brought itself into compliance with regulations, so there’s no good reason to deny them the license.”

Even before the censorship issue came to the fore, Google was struggling in China to attain the same market dominance it has achieved in many other countries.

The hottest Internet companies in China are those like Baidu, Tencent and Alibaba — fast-growing local companies that are making huge profits.

Google is not the only American giant that has had trouble in China. Yahoo and eBay have failed to gain significant traction here. And Facebook, Twitter and YouTube are blocked by the government.

Pakistan, Turkey Target Google, Other Sites

By Tsering

Flickr Creative Commons | The Wandering Angel

By Tom Wright, Marc Champion And Amir Efrati | The Wall Street Journal | June 26, 2010 

A move by Pakistan to begin monitoring for anti-Islamic content on major websites—including those run by Google Inc. and Yahoo Inc.—is the latest sign that censorship looms as a threat to Internet companies in a number of countries.

The Pakistan announcement on Friday came a day after a communications minister in Turkey, which has blocked thousands of sites including Google’s YouTube, said the video site was “waging a battle against the Turkish Republic” and suggested that the situation could change if Google were to register and pay taxes.

Authorities in Pakistan on Friday said they would start monitoring major Internet search engines, including Google and Microsoft Corp.’s Bing.com, as well as the e-commerce giant Amazon.com Inc. The move follows an action last month against social-networking site Facebook Inc., which Pakistan blocked for several weeks after it hosted a page in which users could post pictures of the Prophet Muhammad. The portrayal of Muhammad is forbidden by Islam, and the ban was lifted when the site removed the page.

A YouTube spokeswoman said it was aware of the actions announced in Pakistan and said it will work to keep its services accessible there. “Google and YouTube are platforms for free expression, and we try to allow as much content as possible on our services and still ensure that we enforce our content policies,” she said.

She added that the company remains “disappointed” about the continuing ban on YouTube in Turkey “against a safe and lawful international service enjoyed by millions of people around the world.”

Regarding Pakistan’s decision, a Microsoft spokeswoman said, “Government decisions to restrict online content should respect the rights of individual users and be adopted through open, transparent and publicly accountable processes.” A spokeswoman for Yahoo said the company “was founded on the principle that access to information can improve people’s lives, and we are disappointed to learn about the monitoring and possible blocking of our sites in Pakistan.” Amazon declined to comment.

Google and other Internet companies have helped some Asian countries, such as India and China, enforce certain standards online by removing material that governments find objectionable or violate local laws. YouTube blocks access to videos in Thailand that might be seen to insult the king—which is against the law in that country—and Nazi imagery that is illegal in some parts of Europe.

Earlier this year Google stopped self-censoring its Internet search results in China after complaining it had been hit with a cyber attack originating from that country. China’s own Internet filters now censor Google’s searches.

A number of countries in the Islamic world, including Iran and Saudi Arabia, have banned Internet content in the past for being sacrilegious. But those countries have authoritarian governments that closely monitor the Internet and the media. In Pakistan, where Islamists have vied with secular-minded politicians since the country’s creation in 1947, the implementation of such bans is fraught with difficulties.

On Friday it remained unclear how the state-run Pakistan Telecommunication Authority would be able to monitor millions of links on the Internet to ensure blasphemous material wasn’t appearing on sites like Google and Yahoo.

In Turkey, Google has been the most prominent victim of a 2007 law that has resulted in the closure of thousands of websites, putting the government under pressure in recent weeks as newspapers and opposition parties have begun to cry foul over the restrictions being placed on ordinary web users.

In May 2008, a Turkish court shut down access to Google’s YouTube due to material posted on the site that was found to be insulting to the nation’s founder, Mustafa Kemal Ataturk.

Related

U.S. Presses Syria on Web Freedoms

Earlier this year Turkey’s communications ministry extended the ban to other Google sites, a move that appeared to be triggered by a separate tax battle with the U.S. giant. As a result, Turks suddenly lost direct access to GoogleMaps and other sites, as well as to YouTube. However, many ordinary users have been able to circumvent the closures.

The opposition People’s Republican Party, usually a fierce defender of Ataturk’s honor, on Thursday attacked the government in parliament for creating what one parliament member called a “culture of censorship” in the country, including Internet censorship.

Some of Turkey’s top leaders have sought to distance themselves from the Internet closures. President Abdullah Gul earlier this month sent out a public message through his account on micro-blogging site Twitter.com, saying he “cannot approve of Turkey being in the category of countries that bans YouTube [and] prevents access to Google.”
Write to Tom Wright at tom.wright@wsj.com, Marc Champion at marc.champion@wsj.com and Amir Efrati at amir.efrati@wsj.com

Copyright 2009 Dow Jones & Company, Inc. All Rights Reserved

Tech companies seeking business in Syria

By Tsering

Flickr Creative Commons | Jan Smith

By John Poirier | Reuters | June 24, 2010

WASHINGTON(Reuters) – The United States is urging Syria to open up its markets to U.S. companies’ computers and software, but fears over piracy and Internet access restrictions are holding back American technology companies from investing there.

Senior executives of five big U.S. technology companies including Microsoft Corp (MSFT.O) and Dell Inc (DELL.O) expressed their concerns to Syrian President Bashar al-Assad during a five-day trip last week, two members of the delegation told Reuters.

The trade mission was led by Secretary of State Hillary Clinton’s top technology adviser, Alec Ross, and Jared Cohen, a member of her Policy Planning Staff.

U.S. tech companies expect Syria’s population to double in the next seven years and they want to tap into the youth to promote U.S. businesses and Washington’s human rights agenda.

The talks last week represent a new stage in U.S. diplomatic efforts in which the issue of Internet censorship is increasingly placed on the agenda during direct talks with other governments.

U.S. tech companies are carefully watching moves by the State Department, especially after Google Inc (GOOG.O) in March announced that it was going to move its China servers to Hong Kong following the high profile diplomatic spat with Beijing over censorship.

Senior executives from Cisco Systems Inc (CSCO.O), VeriSign Inc (VRSN.O) and Symantec Corp (SYMC.O) also traveled with the delegation in a trip that included meetings with academics, students and small- and medium-size businesses.

One delegation member said that during the trip they tried to clear up a misperception in Syria that U.S. companies can’t invest there because of U.S. sanctions against trade and investment.

They told officials in Damascus that exemptions for some technology granted in 2004 under former President George W. Bush allow for companies to sell their products to Syria as long as those tools are not used against the Syrian people, the delegation member said.

“You can sell Dell computers, you can sell Microsoft Office, you can sell Cisco routers, but despite that waiver that is not happening,” the delegation member told Reuters on Wednesday on the condition of anonymity.

The companies told Syrian officials that they are worried about the lack of enforcement to combat piracy and intellectual property theft, and widespread corruption, another member said.

They also sought assurances by the government that the technology will not be used against Syria’s general population, they said, adding that Syrian officials pledged to adopt some laws aimed at improving the environment for tech investments this year.

Sheldon Himelfarb, an expert on technology and diplomacy at the U.S. Institute of Peace, said U.S. officials need to become smarter about relationships between sanctions and the impact on citizen activists in closed societies.

“We need more trips like this,” Himelfarb said.

The mission to Syria was unique because it was a high-level engagement during a strained relationship between the two countries. Their ties, however, have improved since U.S. President Barack Obama took office.

Syria has emerged from a five-year diplomatic isolation, with the United States and European Union seeking closer ties with Damascus and pushing for a resumption of peace talks between Syria and Israel.

The trip also follows an issue of waivers by Washington in March to allow U.S. technology companies to export chat and social media software to Iran, Sudan and Cuba, with the hope the move will help their citizens communicate with the outside world.

The Internet was an important communication channel for Iranian protesters disputing election results last year.

“If the next generation of Syrians are able to get access to these tools of technology, then they’re going to have connections to the outside world,” another delegation member said.

(Editing by Gerald E. McCormick)

Privacy in Peril: Lawyers, Nations Clamor for Google Wi-Fi Data

By Tsering

Flickr Creative Commons | Sébastien Bertrand

By David Kravets | Wired Magazine | June 11, 2010

A hard drive with perhaps several hundred gigabytes of internet surfers’ private data resides under lock and key in a Portland, Oregon, federal courthouse.

Regulators and private lawyers across Europe and the United States are demanding, and in some cases obtaining, access to data that Google sniffed for the past three years from unsecured Wi-Fi hot spots across the globe.

The requests are coming in some of the eight proposed class actions targeting Google that have cropped up across the United States, as well as from various governments investigating whether Google violated their laws.

The demands for data raise a paradox of sorts: How many eyeballs, in the name of privacy, will eventually see the data that likely includes snippets of e-mail, web surfing, documents and other private data?

“It will be relevant evidence in our lawsuit. We will ask for production of that data. Lawyers representing plaintiffs in the case will review the data,” said Patrick Keyes, a top lawyer in one of the proposed class actions lodged in the District of Columbia. “This would be in the context of presenting the legal interests of those who have had their data intercepted, and would typically be produced under a protective order.”

Google has already said it would forward to German, French and Spanish authorities the portion of the data intercepted in those countries.

No government agency in the United States has yet demanded a copy of the intercepted data, but several are investigating Google.

Missouri Attorney General Chris Koster said he wanted to “scrutinize this situation” while Connecticut Attorney General Richard Blumenthal has demanded “detailed records on any information taken from networks” from his state.

Federal Trade Commission Chairman Jon Leibowitz told Congress, “We’re going to take a very, very close look at this.”

Rep. Joe Barton (R-Texas) said Friday that Google’s actions “warrants a hearing, at minimum.”

Ironically, it appears that protecting privacy and administering justice might just involve violating privacy.

“That’s true. All of this raises a lot of First Amendment questions,” said Jeffrey Chester, director of the Center for Digital Democracy. “It is problematic. Some of these lawyers see a quick buck without thinking of the consequences.”

U.S. District Judge Michael Mosman in Oregon has locked away the data (.pdf) as that class action proceeds. ISec Partners, a San Francisco security consulting firm, has made encrypted copies of the drives at Google’s request and destroyed the originals.

“The encryption keys for these drives are possessed by only myself and one other person. and the hard drives are securely stored in a safe controlled by Google’s physical security team,” (.pdf) Alexander Stamos, one of iSec’s founding partners, told the Oregon judge in a court filing before the data was forwarded to the Portland courthouse.

But Aaron Zigler, a lawyer in the Illinois class action, said, “I don’t want to see the actual data that has been intercepted.”

Class members of the lawsuits can be determined without actually reading the contents of the payload data packets, he said. “There is enough data to figure out who everyone is: date, time and location, and unique MAC addresses of the Wi-Fi network they intercepted,” he said.

Pablo Chavez, director of public policy for Google, said in a letter to Congress released Friday that Google is “aware of only two instances when any Google engineer even viewed the payload data.”

“The first instance involved the individual engineer who designed the software,”  (.pdf) he wrote. “The second instance was when we became aware that payload data may have been collected from unencrypted Wi-Fi networks, and a single security engineer tested the data to verify that this was the case.”

Google has repeatedly said it is working with the relevant government investigators, and is demanding that all the litigation be consolidated in California, where it’s headquartered.

The Mountain View internet giant maintains the collection of data while taking photos for its Street View program was inadvertent –- the result of a programming error with code written for an early experimental project that wound up in the Street View code (.pdf), an explanation some of the lawyers suing Google have disputed.

Google said it didn’t realize it was sniffing packets of data on unsecured Wi-Fi networks in dozens of countries for the last three years, until German privacy authorities questioned what data Google’s Street View cameras were collecting. Street View is part of Google Maps and Google Earth, and provides panoramic pictures of streets and their surroundings across the globe.

And Google said no U.S. wiretapping laws were breached because the Wi-Fi signals were “readily accessible to the general public” (.pdf).

At least insofar as the proposed class actions were concerned, Jennifer Granick, a civil liberties attorney with the Electronic Frontier Foundation, suggested having a judge or a so-called “special master” sift through the data to determine whose data Google obtained. That should only happen if Google is found to have done something unlawful, she said.

“This raises my eyebrows,” she said. “I don’t think we need to know what any of this data is yet, because there’s nothing to suggest Google did this intentionally.”

Google Calls for U.S., Europe to Crack Down on China Web Censorship

By Tsering

Flickr Creative Commons | Tim Yang

By Clint Boulton | eWeek.com | June 10, 2010

Google Chief Legal Officer David Drummond wants the U.S. and European governments to nudge China to cease its censorship of the Internet because it restricts free trade. The Internet sector is vital to Google’s hopes for international expansion. China boasts more than 400 million Web users and Baidu is the leading search engine in mainland China. Censorship in the form of the Great Firewall of China has been a long-standing complaint about China from Google, Yahoo, Microsoft and other companies looking to extend their tendrils in Asia.

Google wants the U.S. and European governments to nudge China to cease its censorship of the Internet, the search engine’s lead lawyer told the Associated Press in Brussels.

David Drummond, chief legal officer and senior vice president of corporate development at Google, June 9 said that China’s censorship restricts free trade for the Web, where Google is hungry to expand in China.

Western governments should defend the free trade for the Internet with the same kind of rules that they use to complain of China’s sale of products below cost, Drummond added.

Censorship in the form of the Great Firewall of China has been a long-standing complaint about China from Google, Yahoo, Microsoft and other companies looking to extend their tendrils in Asia while enjoying the same fair trade rules they enjoy in the U.S.

The sticky issue reared its head again in January when Google said it discovered a cyber attack originating from China in which users Gmail accounts were accessed.

Threatening to cease doing business in China entirely, Google in March shuttled its Chinese search operations to the region of Hong Kong, which doesn’t follow the same censorship restrictions as mainland China.

Shortly after this move, Google co-founder Sergey Brin told The Guardian he hoped the U.S. would make China’s Web censorship a “high priority.”

While the U.S. publicly supported Google’s position, little has happened on this front.

In country, U.S. President Barack Obama and his administration are dealing with issues such as the Deepwater Horizon oil rig disaster, in which thousands of barrels of crude oil are blotting the Gulf of Mexico each day.

Drummond called the hack attack the “final straw” and reinforced the company’s stance that China’s censorship restricts free trade.

“Censorship, in addition to being a human rights problem, is a trade barrier,” said Drummond, according to the AP. “If you look at what China does — the censorship, of course, is for political purposes but it is also used as a way of keeping multinational companies disadvantaged in the market.”

“It should be obvious that the Internet sector is very important to the west and so we should be working on seeing that that kind of trade is protected.”

Holding sway in China is crucial to Google’s hopes for international expansion. China boasts more than 400 million Web users and Baidu is the leading search engine in mainland China. Being marginalized at Google.hk won’t do anything to help Google challenge the incumbent there.

The U.S. could make a case versus China with the World Trade Organization, though Drummond wouldn’t go so far as to suggest that.

He did say he received some support in the U.S., French and German governments and with the European Union executive for pressing Google’s case against Chinese Web censorship.