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Blurbs from the Bossman

Google Street View Pics Spark Lawsuit
by Scott Perry | 2008/04/24 |

A southwest Pennsylvania couple is suing Google, Inc. for invasion of privacy.  Will a favorable ruling open the door to similar actions against "Big Title" and local governments who post their constituents' sensitive personal information online?

Blurbs from the Bossman ::

Here's an interesting piece regarding the issue of privacy from right here in the Keystone State.  Seems that a couple from Franklin Park (a suburb just north of Pittsburgh) has filed suit in Allegheny County Common Pleas Court against Google, Inc., alleging that pictures which appeared on the Street View feature of the Internet giant's mapping function violated their privacy, according to a story from the AP.  

Perhaps the greatest irony here is that the couple, in an attempt to enforce their right to privacy, may have unwittingly put themselves under the microscope, since much of the info about their home is readily available to anyone who logs onto the county's online Real Estate Assessment website.  Not only that, but their home address is prominently displayed in the complaint, which can be obtained (for a fee) from the county's Department of Court Records website.

Google obtains its "Street View" photos utilizing still cameras mounted on passenger vehicles which drive around taking pictures from different angles, which are then digitally "sewn" together to create panoramic 360-degree views of cities, towns and neighborhoods.  In their six-page complaint, plaintiffs Aaron and Christine Boring (swear I didn't make that up) allege that Google's "reckless conduct has exposed [the Borings'] private information to the public at large with the commensurate risks this entails".  The complaint further states that Google's vehicle trespassed onto their property when it drove down a private right-of-way to snap pics of their house that included their swimming pool.  The couple's attorney, Dennis Moskal says the Googlemobile came close enough to the pool "to hand them a drink."

Kevin Bankston, a senior staff attorney with the Electronic Frontier Foundation who specializes in First Amendment and privacy law says that the case may have some merit, citing Daily Times-Democrat v. Graham, 162 So. 2d 474 (1964), an Alabama case in which a newspaper photographer had snapped a picture of a woman whose skirt had been blown over her head, á la Marilyn Monroe, in a carnival funhouse.  Although the newspaper argued that it was justified in printing the photo because it was taken in a public place, the court ruled that the photo violated the woman's right to privacy.  (In an interesting side note, Bankston has himself been captured by Google's cameras on more than one occasion and once was even observed smoking a cigarette outside of his San Francisco office.  He'd told his family he had kicked the habit.)

Google spokesman Larry Yu says that all the Borings had to do was to ask that the images be taken down.  "We actually make it pretty easy for people to submit a request to us to remove the imagery."  Not good enough, says Attorney Moskal, stating that simply removing the pics won't undo the damage or discourage Google from engaging in similar future conduct.  "Isn't litigation the only way to change a big business' conduct with the public?" he asks, "What happened to their accountability?"

That's funny, I've been wondering the same thing about Big Title.  A favorable ruling for the Borings may not set a precedent, but whatever the outcome, it's sure to have lasting implications in the debate over information vs. privacy.




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824 words | 1838 views | 2 comments | log in or register to post a comment


I heard about this lawsuit

Good topic, Scott.  It is interesting.  But, I think in this day and age, we are all going to have to accept the fact that we don't have the privacy we once had.  The Internet is a double edged sword - I wouldn't want to turn back time to before we had it, but I don't like everything that I find in cyberspace, either.  We all have different tolerances for violations of what we consider our private space and no matter what guidelines we try to put in place, someone will not be happy with them. 

Personally, I think that a picture of someone's house on the Internet is a relatively trivial matter.  I don't think I would be upset by that.  Knowing that someone trespassed on my property to take the photo might bother me a bit - but what is the real harm?

Some of us are offended by the possibility that our personal information is available online in our county's real estate records.  Some people think that is a small price to pay for the convenience of having easy access.  It's all about where we draw the line... and that is different for everyone.

Of course, as more and more of these types of issues surface, our government (or the courts) may attempt to draw some lines. Let's just hope they have the good sense to do so in a reasonable and well thought out manner.

 
by Robert Franco | 2008/04/25 | log in or register to post a reply

Good Sense and Government...You're Kidding, Right?

Government is what we do instead of common sense, Rob!

Kidding aside, this is something that I write about all the time, as you know.  You and I deal with this sort of thing on a daily basis because it's part of our jobs.  My big concern is that most people are busy with their lives and supporting their families and don't see this issue "up close and personal" like we do.  I think if more people knew exactly what kind of information about them is out there on the 'net, they'd be out with torches and pitchforks storming the castle.

 

 
by Scott Perry | 2008/05/07 | log in or register to post a reply
Blurbs from the Bossman

 

Thoughts, Observations
and Ruminations of an Independent Title Examiner Living & Working in the "Steel Buckle of the Rust Belt."

 

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