Court Tosses Lawsuit Against Google Over Streetview Photos Of Home
from the rather-boring-afterall dept
You may recall last year that a couple in Pittsburgh, Aaron and Christine Boring, got freaked out after they found photos of their home on Google Maps using the "Street View" feature. So, rather than use the tools provided to opt-out, they did what any American would do: they sued Google, claiming a variety of offenses from privacy violations to "devaluing" their property. The whole lawsuit seemed rather pointless: the couple could have easily used the options provided to have their photo taken down, and in filing the lawsuit they brought much more attention to the photos of their home online.It appears that a judge has agreed, dismissing the entire lawsuit while noting the pointlessness of the lawsuit. The court noted that there was no evidence as to why the photos were offensive or damaging, and the fact that the couple chose not to use the available tools to opt-out basically killed their entire argument.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: google maps, privacy, street view
Companies: google
Reader Comments
Subscribe: RSS
View by: Time | Thread
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Original Google Street View Images Here...
[ link to this | view in chronology ]
BS Lawsuit, but wasn't Google at fault?
[ link to this | view in chronology ]
Re: BS Lawsuit, but wasn't Google at fault?
[ link to this | view in chronology ]
Re: Re: BS Lawsuit, but wasn't Google at fault?
[ link to this | view in chronology ]
Re: Re: Re: BS Lawsuit, but wasn't Google at fault?
[ link to this | view in chronology ]
Re: Re: Re: BS Lawsuit, but wasn't Google at fault?
[ link to this | view in chronology ]
Bye bye privacy
But now that this lawsuit has been tossed out, Google can use it as an established precedent against any further privacy complaints.
Coming soon: Google Shower View!
[ link to this | view in chronology ]
Re: Bye bye privacy
Are you saying that all of Google Streets is an invasion of privacy? I'm of the opinion that Google has no right to enter private property to take its pictures, like it did in this case.
However, as long as the pictures used are taken from a public place, there is no invasion of privacy. If you want privacy, do not leave the privacy of your house. If you don't want people looking at your house, build a wall. Once you step foot in the public realm, any right to privacy you have ends.
[ link to this | view in chronology ]
Re: Bye bye privacy
[ link to this | view in chronology ]
Re: Bye bye privacy
[ link to this | view in chronology ]
Re: Bye bye privacy
[ link to this | view in chronology ]
Re: Bye bye privacy
When these street views are taken, it's a capture of what's happening on a PUBLIC road. What you do therefore, is in PUBLIC, and you have no right to privacy while in PUBLIC. There is nothing that can appear on Google Street View that cannot be seen by the naked eye by anybody driving down the street at any time.
Now, I understand a few minor privacy concerns, such as the possibility of being captured during a compromising action that you wouldn't wish made public (though, again, why were you doing that in full view of the public roads?). But, this is why you have faces blurred, etc. as well as the options to opt out, etc. Google's vans aren't driving up to people windows and taking pictures of their bedrooms, they're merely recording a public view from the public highway.
Please explain to me why a view of your house that can be seen by anyone at any time driving down your street - "private road" or not - is suddenly an invasion of privacy if Google has it. If you can explain that coherently, maybe you'll have a case against Google. This couple couldn't, so their case was tossed out. Simple.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re: google street view
[ link to this | view in chronology ]
Gen-E
Unfortunately with Gen-E (Entitlement), etiquette is something old, and long forgotten.
[ link to this | view in chronology ]
Re: Gen-E
Yes, back in the good old days the only videos not rude were when you were invited to shoot your barbershop quartet and post it on youtube. Back when the Stanley Steamer was the hottest rod on the road and you could buy a house for a quarter.
Maybe the times are a little different and require a slight re-think now Gramps.
[ link to this | view in chronology ]
Re: Re: Gen-E
[ link to this | view in chronology ]
Re: Gen-E
And of course the fact that the technology behind Google Streets did not exist had nothing to do with it.
It's like when people complain about how rude people are nowadays with their cell phones. As if the exact same problems would not have existed back in the 40s, if cell phones had been widely available back then.
[ link to this | view in chronology ]
Re: Gen-E
[ link to this | view in chronology ]
Who Cares
[ link to this | view in chronology ]
Re: Who Cares
THAT should not happen!
[ link to this | view in chronology ]
Re: Re: Who Cares
[ link to this | view in chronology ]
Google suit
[ link to this | view in chronology ]
Re: Google suit
[ link to this | view in chronology ]
I HATE PEOPLE LOOKING AT MY HOUSE!
THEN, JUST THIS MORNING, A PERSON WAS WALKING BY WITH THEIR DOG, AND *BOTH* OF THEM LOOKED AT MY HOUSE, AT THE SAME TIME!
I FEEL SO NAKED AND VULNERABLE! WHAT CAN I DO??
[ link to this | view in chronology ]
damn fucktards
[ link to this | view in chronology ]
You have to be kidding
I think that taking a picture on the beach is more invasive since you inadvertently capture others in the background.
My 2 cents.
[ link to this | view in chronology ]
Privacy?
But seriously, it's hard to claim privacy when in the public's view. On the other hand, trespassing is illegal, if it actually occurred in this case. I'm kind of doubting that it really did, since that is something that could have made that boring suit a lot more viable. Also, if someone uses your image for profit without your consent, you might have a good case that they've commercially exploited you, but evidently, if you're boring you can't make that argument.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
Everything I've seen about this case suggests that the road was marked as public on a map, and there were no "private property" signs around. Therefore, the driver had no way of knowing they were on private property until they were at the house.
If you value your privacy that much, maybe you should let people know they're entering private property? At least then you might have some kind of defensible argument...
[ link to this | view in chronology ]
Bye Bye Privacy
Seriously folks... I'm not concerned about any average person walking down the street looking at my house, or even taking pictures of my house.
I'm concerned about a multi-billion dollar corporation taking millions of pictures of every house in the country and posting them on a very highly used internet site, and tagging each one with that house's address.
I don't care if you personally go take a picture of my house and put it on your blog.
We're talking about aggregate actions that affect the entire nation, not just me.
But go ahead and embrace everything Google gives you, and don't worry about big brother at all.
Your privacy stance will change the first time you get stalked, or when you have a little kid who is being followed by some perv.
[ link to this | view in chronology ]
Dumb american lawsuit rules
C
[ link to this | view in chronology ]
1.Consent- The issue here is publishing my person and effects through a public medium. Due etiquette which we all tacitly understand tells us that if you intend to capture someone’s image or an image of their property and publish it through a revenue generating medium, then consent is called for.
2. Privacy- If you are within the boundaries of your own private property, this is a PRIVATE domain and NOT a public one. Therefore no person has the right to capture another’s image on their own private property without consent or permission. Of course the argument is “what do you want me to do, close my eyes when I walk past your property?” Of course this will elicit my firm response of NO, however I will apprehend you if you start taking pictures of me, making an inventory of my belongings, and publish them through a public medium whose sole intent is to generate income.
3. Trespassing- Google has trespassed countless times and the proof of this is obviously photographed. Private property rules outlined by local and state ordinances exist for a reason….. to promote the safety, security, privacy and solace of the owners. Each person on this planet is faced with civil penalties in the event that they wantonly disobey private property boundaries and trespass at will, and the same shall be expected of any corporation including Google and its street-view driving team. I am mainly making this point for those who live on private drives or in rural areas.
4. Another argument being raised is that there are cameras throughout the world and these are no different. My point exactly! I do not appreciate cameras in shopping malls, gas stations, street corners, etc., and I confess that I find this to be a painful exhibition and by no means flattering to the national standard of honesty, honor and trust. We all have the inherent right to pass through this world without having our pictures taken, movements recorded, and civic outings archived through a camera. The ubiquitous presence of cameras implies to all of us that we are not to be trusted, we must fear for our safety and above all- you’re being watched, so maintain good behavior and for god’s sake don’t pick your nose!
5. Use by employers- In numerous states discrimination lawsuits were filed because potential employers would drive past the private residences of potential new hires. The purpose? If the house was a slum, unkempt or plain disgusting then this would obviously reflect the character of the person applying for a job. Google street views make this all too easy and without any way of the potential employer being caught in the act.
PS
1984 is a chilling a true tale of a dystopic world watched and levied by controlling powers. The generation succeeding the publishing of this book in 1949 completely understood this and acted accordingly. We now live in an era of wanton diversions, mindless entertainments, and relentless white noise which makes us numb to the very ideas analyzed in this book. Turn off the TV, read the book and digest the world for what it is becoming.
[ link to this | view in chronology ]
Google earth
[ link to this | view in chronology ]