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$5 billion Google lawsuit over ‘incognito mode’ tracking moves a step closer to trial
(www.theverge.com)
this post was submitted on 08 Aug 2023
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Privacy
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It's very unlikely this lawsuit's going to come to anything. Just summary judgment was denied.
Supposing Google didn't make a web browser, it would have no liability here.
And if Google only made a web browser and didn't control an analytics platform it also have no liability here.
The theory is the incognito mode in a browser which is something of an industry standard term. Should that alone compel the other parts of Google to honor incognito in terms of not tracking, even though it has nothing to do if the browser client capabilities. I.e. Google analytics has no obligation to not track a Firefox browser or a Safari browser that's In cognito mode. In fact it shouldn't even be aware it's an incognito. Google analytics has no obligation to not track a Firefox browser or a Safari browser that's In cognito mode. In fact it shouldn't even be aware it's an incognito.
My guess is just a bunch of scary letters going back and forth, and Google is going to fight it to the death. And maybe lawyers fees will get paid maybe