Home Browsers Google execs knew ‘Incognito mode’ failed to protect privacy, suit claims

Google execs knew ‘Incognito mode’ failed to protect privacy, suit claims

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A federal judge in California is considering motions to dismiss a lawsuit against Google that alleges the company misled them into believing their privacy was being protected while using Incognito mode in the Chrome browser.

The lawsuit, filed in the Northern District Court of California by five users more than two years ago, is now awaiting a recent motion by those plaintiffs for two class-action certifications.

The first would cover all Chrome users with a Google account who accessed a non-Google website containing Google tracking or advertising code and who were in “Incognito mode”; the second covers all Safari, Edge, and Internet Explorer users with a Google account who accessed a non-Google website containing Google tracking or advertising code while in “private browsing mode.” 

According to court documents first uncovered by Bloomberg, Google employees joked about the browser’s Incognito mode and how it didn’t really provide privacy; they also criticized the company for not doing more to provide users with the privacy they thought they had.

“As the plaintiffs are fighting Google’s cynical efforts to stall the production of relevant evidence, another hearing occurred on October 11, which could have major consequences for the lawsuit,” said a spokesperson for Boies Schiller Flexner LLP, the law firm representing plaintiffs in the class-action suit. “The plaintiffs’ motion for class certification was argued and they’re currently awaiting a decision.”

US District Judge Yvonne Gonzalez Rogers will decide whether tens of millions of Incognito users can be grouped together to pursue statutory damages of $100 to $1,000 per violation, which could put the settlement north of $5 billion.

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