Judge in Google Case Disturbed That Even ‘Incognito’ Users Are Tracked

  • Alphabet unit pushes for class-action privacy suit’s dismissal
  • Silicon Valley’s Judge Koh is a skeptic of technology giants
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When Google users browse in “Incognito” mode, just how hidden is their activity?

The Alphabet Inc. unit says activating the stealth mode in Chrome, or “private browsing” in other browsers, means the company won’t “remember your activity.” But a judge with a history of taking Silicon Valley giants to task about their data collection raised doubts Thursday about whether Google is being as forthright as it needs to be about the personal information it’s collecting from users.

At a hearing Thursday in San Jose, California, U.S. District Judge Lucy Koh said she’s “disturbed” by Google’s data collection practices as described in a class-action lawsuit that says the company’s private browsing promises is a “ruse.” The suit seeks $5,000 in damages for each of the millions of people whose privacy has been compromised since June of 2016.

Weighing Google’s attempt to get the suit dismissed, Koh said she finds it “unusual” that the company would make the “extra effort” of data collection if it doesn’t use the information to build user profiles or targeted advertising.

Google has become a target antitrust complaints in the last year filed by state and federal officials -- as well as businesses -- accusing it of abusing its dominance in digital advertising and online search. Koh has a deeper history with the company as a vocal critic of its privacy policies. She forced Google in one notable case to disclose its scanning of emails to build profiles and target advertising.