In 2008, Google introduced the first beta of its Chrome web browser which included an “incognito mode”that prevented visited sites from being recorded in the browsing history.
In 2020, the incognito mode was at the center of a class action lawsuit. Google was accused of enabling their Google Analytics and Google Ad Manager services to track users on Chrome and other applications while they were using incognito mode. The lawsuit sought damages of up to $5 billion.
In December 2023, reports emerged that Google was in talks to reach a settlement in the ongoing lawsuit before it proceeded to trial. According to a recent article from The Wall Street Journal, details of the settlement have been revealed.
Based on the story, Google has made a commitment to either delete or de-personalize millions of data points that were gathered from Chrome users while they were using the Incognito mode. The company is also required to revise its official disclosures regarding the types of data it obtains from both Chrome and Incognito users.
As part of this settlement, Google would be required to maintain a default setting in Chrome for five years that blocks all third-party cookies. However, the company’s proposed implementation of its Privacy Sandbox may render this aspect of the settlement irrelevant. Additionally, Google must also update its official disclosures regarding the types of data it collects from Chrome users.
According to a statement given to the WSJ, attorney David Boies, who is representing the plaintiffs in this case, said:
This settlement is an historic step in requiring honesty and accountability from dominant technology companies.
Despite the existence of a settlement plan, it must still be given the green light by Judge Yvonne Gonzalez Rogers. The settlement does not provide compensation for the plaintiffs, but they are able to pursue individual lawsuits against Google in hopes of receiving monetary damages.
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