Wednesday, November 3, 2010

Hypocritical Google Buzz "Privacy" Suit

Google has settled a class-action lawsuit filed by the The Garden City Group Inc.

This settlement affects the rights of all users of Gmail within the U.S. even if they do nothing at all.

I was unaware that a class-action lawsuit over Buzz was filed.  Fortunately Google emailed notifications about the settlement to their users.  If not for Google's email the GCG settlement would have vogonized some of my rights.


The following excerpt from BuzzClassAction.com explains how to exclude yourself from the settlement.
How do I get out of the Settlement?

To exclude yourself from the Settlement, you must send a letter or other written document by mail saying that you want to be excluded from In re Google Buzz User Privacy Litigation, No. 5:10-cv-00672-JW. Be sure to include your full name, address, reason why you want out of the Settlement, as well as proof that you used Gmail at some point after February 9, 2010, your signature, and the date. You must mail your request for exclusion so that it is received no later than December 6, 2010 to:

In re Google Buzz User Privacy Litigation
c/o The Garden City Group, Inc.
P.O. Box 91088
Seattle, WA 98111-9188

This just doesn't make sense to me.   Why would I be required to give up my private information to the Garden City Group in order to opt-out of a lawsuit against privacy violations?

_____________________________________________


if (more_privacy == (less_privacy || less_rights)) we_lose();

The alleged privacy violations of Google Buzz are certainly less of a privacy intrusion than requiring me to send a letter to the GCG.

I was not required to give Google my full name, or my mailing address. However, The Garden City Group has coerced me into violating my own privacy.  I am required to divulge my personal information to them or else give up my legal rights.

_____________________________________________


do { as_they_say } while ( NOT as_they_do );


The GCG suit against Google hinges on the "automatic opt-in" that Google used for the initial Buzz deployment.

The GCG's lawsuits complain that Google's Buzz should not have been rolled out as an automatic opt-in; Instead the Buzz service should have defaulted to opted out.

Opt-out defaults sound like a reasonable roll-out plan... Why then does The Garden City Group fail to heed their own advise?  The GCG made their own settlement opt-in.

That's right, If you are a U.S. Gmail user then you are opted-in to the GCG's settlement by default.


Google may have opted it's users in to sharing their email contacts, but they also
gave them a simple button to opt-out of Buzz.

However, Without my consent or prior notice the GCG opted me into a legally binding settlement which removes my legal rights and requires me to divulge my personal information in writing via postal mail in order to opt out!

_____________________________________________


if (is_good(idea) && ignored(idea)) throw(GCG_Error);

Paraphrasing the GCG might make this double standard a bit more clear:
 "Google, you shouldn't automatically opt your users into new services."
"We're automatically opting all Gmail users into our class action lawsuit settlement."
"Google, you should notify users before including them in new services, and provide clear and simple information about how they can opt-out of new features."
"We're did not notify any Gmail users prior to their inclusion in the settlement.  To opt-out of our settlement you may not use phone or e-mail.  You must mail a letter to us containing your personal information, and also somehow prove you're a Gmail user."

I can't think of any way to prove that I'm a Gmail user that doesn't involve using email.  Can you?

Why do they need proof anyhow?  If I'm not a Gmail user, the suit doesn't apply and I should be excluded anyway.

Perhaps they just want to make sure they don't accidentally not take away someone's rights...  Wait, tell me again: What are the advantages of remaining opted-in to this settlement?  Less legal rights.

Of course, if the GCG allowed email correspondence as an opt-out option they would have the proof they desire in the From field...

Truly, my logic lobes are not equipped to handle this amount of hypocrisy.