back to article Bloke hurls sueball over Google's 'is it off yet?' location data slurping

Google's creepy obsession with users' locations is to be challenged in court – a lawsuit has accused the search-cum-ads biz of unlawfully invading users' privates and intentionally complicating the opt-out process. The allegations were levelled at the company in a suit brought by Californian resident Napoleon Patacsil after …

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  1. ratfox

    Napoleon Patacsil is a pretty awesome name. I wish him luck.

    1. Tigra 07
      Coat

      RE: ratfox

      The little fellow who took on Google...

    2. vir
      Pint

      I can't afford enough beers to get this guy what he deserves.

  2. Queeg

    Googles choice is going to be

    "Is it going to cost more than the advertising revenue we get from the location data?".

    If it's not they'll pay the fine and find a way to keep on slurping up the info.

    Even a huge EU GDPR fine may cost less than what they earn from the data.

    1. Doctor Syntax Silver badge

      Re: Googles choice is going to be

      "If it's not they'll pay the fine and find a way to keep on slurping up the info."

      It's not just going to be a question of one fine (actually this is a civil suit so it's going to be damages); this is going to come up across multiple lines of business and multiple legislations. ISTR that this is already under attack in the EU in addition to a previous Schrems suit. India (India!!) is getting in on the act as well. You may think any of these are small in relation to the size of Google but cumulatively they're going to cut into profits unless advertising prices are raised. If advertising prices are raised maybe some advertisers are going to start looking more carefully at what they get for their money.

      1. Herring`

        Re: Googles choice is going to be

        "India (India!!) is getting in on the act as well. "

        I can see reasons why India might want privacy equivalence with the EU. It would help a lot if companies want to shunt processing of personal data out there.

    2. DJO Silver badge

      Re: Googles choice is going to be

      Even a huge EU GDPR fine may cost less than what they earn from the data.

      Maybe once, possibly twice but thereafter, no chance.

      The GDPR penalty scheme has increasing penalties for repeat offenders leading ultimately for persistent repeat offenders to the much proclaimed 2% of global turnover.

    3. Anonymous Coward
      Anonymous Coward

      "Even a huge EU GDPR fine may cost less than what they earn from the data"

      Even if so, and revenues != profit, so it's the profit that must be enough higher so the amount doesn't burns a huge slice of shareholders value... which means less earnings per share, and maybe a drop in shares value.

      And the fine won't be a one-off if they persist in gathering data unlawfully.

      Also,. that's just EU - what if other countries follow?

  3. fruitoftheloon

    Question

    Does anyone know if it as well buried in the UK/EU as well??

    Jay

    1. Anonymous Coward
      Anonymous Coward

      Re: Question

      UK:

      For a new user, the settings are fairly upfront although they dont (or rather didnt) specifically state that location was covered in "Web and App" activity. For existing users, same deal but you have to go in and out of pages several times to turn everything off. Takes about 3 to 4 minutes to do.

      One thing I did notice is that new users who add a mobile number are also asked if they want to use it for security only rather than contacts list slurp etc. Didnt see that specfic setting for an existing user unless it was blanket covered by something else.

      1. Anonymous Coward
        Anonymous Coward

        Re: Question

        Is this on the phone or a series of web pages on some google site? Can't find web and app activity in my settings.

        1. Anonymous Coward
          Anonymous Coward

          Re: Question

          Very little on your phone. You'll need to log into your Google account using a browser and then go to Account Settings, then Security and Privacy.

          Tip: any link they show, open in a new tab

          1. Anonymous Coward
            Anonymous Coward

            Re: Google Account?

            How quaint. Are you not asking for trouble to have a Google account linked to your phone these days?

            Ducks to avoid incoming.

            1. eldakka

              Re: Google Account?

              How quaint. Are you not asking for trouble to have a Google account linked to your phone these days?

              Is it possible to have an android phone without linking it to a google account? I haven't bought a new phone in over 2 years and am looking at getting a new one.

              1. Anonymous Coward
                Anonymous Coward

                Re: Google Account?

                "Is it possible to have an android phone without linking it to a google account? I haven't bought a new phone in over 2 years and am looking at getting a new one."

                Short Answer: Yes.

                Long Answer: Yes. To use a new android phone without google account, simply skip the google account setup from the start. Keeping the internet off during the setup is recommended. To install app without google play, simply turn on the side-load option to enable apk app installation (under developer option or security option where it says allow installation of apps form unknown sources.)

                However, some issues may come up for apps that depend on the Google play Services.

                -If the app doesn't depend on Google play Services, then it will work with no problem, and a lot of apps don't depend on Google play Services.

                -If the app need a Google app (usually for sign-in), then you might see popup asking for the Google app which are often skip-able.

                -If the app depends on Google play Services and you have not root uninstalled it, then it will work.

                -If the app depends on a new Google play Services and you do not have, then it will likely not work. However if you side-load install a new Google play Services version for that app, then the app will work.

                -If the app depends on Google play Services and you have rooted and uninstalled it, then it will likely not work.

    2. jmch Silver badge

      Re: Question

      I just had a look on my Galaxy S6, pretty well buried under many layers and even then its not clear that location data is being controlled under "Web & App Activity".

      It's clear that if user turns off location data I expect no more location data to be taken, so especially since Google first lied about it then tried to hide it, it's clear case against them. Of course, $L$A$W$Y$E$R$S$ will just try and drag it out for a few years till it's forgotten by most

      1. Charles Pearmain

        Re: Question

        And if you turn off Location Saving and tracking in your Google account there are inconvenient side effects - like any linked Google Home devices suddenly becoming completely dumb until you re-enable the 'optional' settings.

        The gloves are coming off Google's steel claws

        1. onefang
          Devil

          Re: Question

          "And if you turn off Location Saving and tracking in your Google account there are inconvenient side effects - like any linked Google Home devices suddenly becoming completely dumb until you re-enable the 'optional' settings."

          Google Daydream will stop working to, though not Google Cardboard. According to Google, location services are needed to track the Google Daydream hand controller, a device that only reports rotation, not location.

          1. Anonymous Coward
            Anonymous Coward

            Re: Question

            Catch 22. You can't log in to a google account to turn all their shit off if you don't agree to the terms of access to thier site/service/exploitation.

  4. Tigra 07
    Facepalm

    Android user here

    I hope Google lose. Don't be evil

    1. DJO Silver badge

      Re: Android user here

      Ah "Don't be evil" but nowhere do they say "Don't do evil" there's a subtle but significant distinction between the 2 phrases.

      1. JohnFen

        Re: Android user here

        "To do is to be" -- Satre

        1. RyokuMas
          Coat

          Re: Android user here

          "Do be do be do" -- Sinatra

          ... sorry.

          1. Doctor Syntax Silver badge
            Coffee/keyboard

            Re: Android user here

            "... sorry."

            So you should be. This is an almost new laptop.

          2. JohnFen

            Re: Android user here

            Don't be sorry! I only narrowly escaped making the same joke myself. I understand the temptation involved.

          3. Anonymous Coward
            Anonymous Coward

            Re: Android user here

            Scooby dooby doo!

    2. Charles Pearmain

      Re: Android user here

      Yeah, "Don't be evil" quietly disappeared earlier this year: https://www.independent.co.uk/life-style/gadgets-and-tech/news/google-dont-be-evil-code-conduct-removed-alphabet-a8361276.html

  5. Anonymous Coward
    Anonymous Coward

    Popcorn ready but EU/Cali Privacy-Laws face uphill battle

    Privacy / Destiny Is largely in our own hands though, if we choose it:

    ~~~~~~~~~~~~~~~~~~~~~~

    1. Swap Google for Startpage.com

    Or Duckduckgo if you prefer (but it has ties to yahoo). Do it today!!!

    ~~~~~~~~~~~~~~~~~~~~~~

    2. Swap Gmail for Signal (Whispersystems.org)

    (Close or limit use of WhatsApp / Messenger / Facebook / Instagram)

    ~~~~~~~~~~~~~~~~~~~~~~

    3. Android: Turn-off Location Services unless its unavoidable

    Google still tracks you as shown below, but its not quite as easy.

    www.theregister.co.uk/2017/11/22/permissionless_data_slurping_google/

    ~~~~~~~~~~~~~~~~~~~~~~

    4. Android: Sanitize phone: disable / uninstall spyware. Add Netguard...

    If nothing else disable the proprietary closed-source scary sht like:

    Google Play Services / Play Store / Google App - Maps - Keyboard.

    Get all your apps solely from F-Droid.org / Fossdroid.com / Yalp etc.

    Drop Chrome! Install Netguard non-root VPN to block the other apps.

    ~~~~~~~~~~~~~~~~~~~~~~

    5. Never ever use Google / FB etc to Log-into any 3rd-Party services

    1. Anonymous Coward
      Anonymous Coward

      Re: Popcorn ready but EU/Cali Privacy-Laws face uphill battle

      6? Boycott all the advertisers.

      1. Anonymous Coward
        Anonymous Coward

        '6? Boycott all the advertisers.'

        Hard to do 100% and won't stop the glorious future awaiting us. Namely: 1st-Phase: matching / targeting ads. 2nd-Phase hoovering up cc financial-transactions / patient-health info. 3rd-phase involvement in every single transaction or event people have in their lives: Big-Data - AI -Algo - Automation.

        Does your child get to have the surgery they need? Do they get a place on the college course they deserve? Do they get the job they long for? Do they get a loan to buy a dream home? Who can they get to date? Do they routinely get arrested because a pre-crime system keeps flagging them up in error etc etc?

        https://www.bbc.co.uk/news/business-44466213

    2. jaduncan

      Re: Popcorn ready but EU/Cali Privacy-Laws face uphill battle

      "Swap Gmail for Signal"

      One is IM and one is email. I'd probably suggest just using ProtonMail.

      1. Anonymous Coward
        Anonymous Coward

        Re: Popcorn ready but EU/Cali Privacy-Laws face uphill battle

        I swapped to Protonmail after the Yahoo fiasco and I have to say its one of the nicest email systems I have ever used and because of the lack of add's one of the fastest too.

      2. Anonymous Coward
        Anonymous Coward

        'One is IM and one is email. I'd probably suggest just using ProtonMail'

        For sure. I meant 'Gmail to Signal' when trying to convince friends, family, colleagues to move more personal discussions off Gmail to Signal etc. Many won't drop Gmail altogether anyway, as even plane tickets have to go somewhere etc.

        And that raises a question. Can you say more about using ProtonMail in practice. Its free for most people, right? But everyone has to be using it, correct? Therefore it still won't replace email anyway and booking travel etc. Cheers for info!

        1. jaduncan

          Re: 'One is IM and one is email. I'd probably suggest just using ProtonMail'

          It's an email webmail client with a JS wrapper around GPG. It recently passed a security audit.

          It's email, so you don't need the other parties to use it, although if you want encrypted comms they have to use GPG either via Protonmail or somewhere else (including their own desktop GPG install). So it's much more fitting into the gmail use case, just without scanning.

          And yes, you can get plane tickets etc to it.

          1. Anonymous Coward
            Anonymous Coward

            Re: 'One is IM and one is email. I'd probably suggest just using ProtonMail'

            Thanks a lot jaduncan. I wasn't sure before if everything had to be encrypted by default. But it looks like no you don't, its just there if you want it, which sounds great. Cheers again!

        2. JohnFen

          Re: 'One is IM and one is email. I'd probably suggest just using ProtonMail'

          "I meant 'Gmail to Signal' when trying to convince friends, family, colleagues to move more personal discussions off Gmail to Signal etc."

          Even so, those are two different sorts of programs that do two different things. One cannot really substitute for the other.

          1. Anonymous Coward
            Anonymous Coward

            'One cannot really substitute for the other'

            @JohnFen With respect gotta disagree... In the past they were but not so much now. That's one of the things that's changed with trends and cultures. Use of WhatsApp in Latam and EU (in certain parts) is considerable. So much so its done away with email in many work and social environments. UK/US/Auz not so much though...

            1. Anonymous Coward
              Anonymous Coward

              Re: 'One cannot really substitute for the other'

              Trying to source a link to WhatsApp / Email usage around the world... But for now here's a related example from Brazil...

              https://www.bbc.co.uk/news/world-latin-america-35119235

            2. Jack 12

              Re: 'One cannot really substitute for the other'

              Is WhatsApp really replacing email in corporate environments? I would have thought that the accountability and archivability of email is not yet matched in something like WhatsApp. I can see where it might replace IM systems like Lync/Skype but I can't imagine the email in my work inbox being replaced by WhatsApp anytime soon because it's just so fundamentally different as a platform.

            3. JohnFen

              Re: 'One cannot really substitute for the other'

              We're talking about two different things here. I was commenting that email and instant messaging are two fundamentally different things that are intended to solve fundamentally different communications problems. That is just as true today as it was 10 years ago. There are numerous things I do every day with email that I cannot do with instant messaging, and vice versa.

              You're talking about popular use. A valid topic of discussion, but very different from the one I was engaging in.

              1. Anonymous Coward
                Anonymous Coward

                Re: 'One cannot really substitute for the other'

                @JohnFen @Jack 12

                'You're talking about popular use.' / 'Is WhatsApp really replacing email in corporate environments?'

                Listen, it sounds nuts I know, but try and appreciate that the economies in Latin America are much more informal than what we're used to in EU/US etc (expat living in region for a decade).

                While Banks don't conclude entire deals on there (paper contracts are still alive and well), use of WhatsApp is widespread in all types of businesses at all levels including corporations. So its way beyond just popular, its arguably irreplaceable.

                Personally I fear it, as Facebook plans to pry open WhatsApp messages (both founders left recently because of this). So I wish people would switch to Signal etc. But its a hard sell when so many pervasively use the other. There's little awareness here of what happened with Facebook/CambridgeAnalytica / Palantir etc.

  6. Rich 2 Silver badge

    Not just location data

    ALL of Google's opt-out procedure is intentionally complicated. You have to press zillions of buttons to switch everything off. And it doesn't seem to matter how many times you do it, it all comes flooding back the next time you use their site!

    This is also true for most other web sites out there that like to collect your data.

    I think the GDPR peeps missed a trick here - they should have stated that opting out must be as simple as opting in.

    1. Chris G

      Re: Not just location data

      I was under the impression that GDPR did staye that opting out should be simple.

      As for the web activity and apps thing; I have looked everywhere on my phone and can't find it (android 7). Google can be useful but it is not your friend.

      1. Dan 55 Silver badge

        Re: Not just location data

        As for the web activity and apps thing; I have looked everywhere on my phone and can't find it (android 7). Google can be useful but it is not your friend.

        Settings > Google > Google Account > Data & personalisation tab > Activity Controls box > Web & App Activity setting.

        Although you should disable everything once you get to Google Account.

    2. Jellied Eel Silver badge

      Re: Not just location data

      I think the GDPR peeps missed a trick here - they should have stated that opting out must be as simple as opting in.

      I think it's being left to the lawyers.. who won't miss a trick, if it's possible to turn that trick into large fees. So given Alphabet's currently a large and lucrative litigation target, expect more cases. And it's not so much GDPR folks missing tricks, more Google.

      Key part of GDPR is informed consent before personal data is collected/processed. Google rarely bothers with that, so I haven't consented to whatever fonts.googleapis.com, googleanalytics.com or googletagservices.com is trying to communicate with me this session. And as I actively try to block those, that suggests I'm not likely to consent in a hurry. But Google's very much hotel California in that it seems to assume you're always opting in, and can't leave.

    3. eldakka

      Re: Not just location data

      I think the GDPR peeps missed a trick here -

      IANAL, I could be completely wrong, after that disclaimer, I believe under GDPR if you contacted Google and told them you withdraw consent from the tracking, that would be sufficient notice of "withdrawal of consent". You are not obligated to follow the burdensome procedures that they put in place. If they are still tracking you after that then they could be in breach of GDPR.

  7. Anonymous Coward
    Anonymous Coward

    well done Sir

    Well done that man ... hope this makes you rich !

    1. Flywheel

      Re: well done Sir

      Napoleon needs crowdfunding - if everyone that had a beef with Google gave just £1 we'd have enough left to tackle the other vampires as well.

  8. m0rt

    Bots on el-reg

    I noticed a couple of times that there seems to be a series on downvotes on commentards, just the odd one or two on *all* the posts. Which suggests that someone who takes a weird dislike to a particular set of articles or a bot that attempts to alter the appearence of consensus.

    El Reg - can you confirm if there is some weird activty on all comments in a short space of time?

    Is it the Russians?

    Or is there a greater conspiracy involving google? Or maybe Russian Google staff?

    Googley Bear.

    We should ask Julian for his take on this.

    1. Anonymous Coward
      Anonymous Coward

      Re: Bots on el-reg

      Schools still on holiday?

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