Insider Chatter by Donna Bogatin

June 11, 2007

Google is WRONG On Consumer Privacy

Matt Cutts comes to the Google rescue, again. This time, however, he seeks to rehabilitate Google before the world’s citizens rather than before the Internet’s Webmasters. Cutts tackles not cheery “Gadgets, Google and SEO” today, but an ominous “Big Brother” Google.

Cutts makes a valiant effort to defend his powerful employer in the area in which it is perhaps the most vulnerable: Consumer privacy, or lack thereof. Cutts is not speaking of his native algorithmic domain, however, and his plea for Google does not ring true.

Out of the Cutts gate, a standard Google PR line:

Sigh. Google as a company takes privacy very seriously.

OK, but Google takes its multi-billion dollar massive server farm build out world wide designed to support the archiving of every piece of data belonging to every one of the world’s inhabitants very, very seriously, and so should citizens of the world.

Cutts’ defense is three prong:

1) AOL screwed up on user data, we didn’t.

2) Google stood up to the DOJ for user privacy, no one else did.

3) Google IS doing something about user privacy.

The Cutts “rebuttal” to Privacy Interntational’s on the mark assessment of Google’s poor privacy performance is easily refuted. Here goes:

CUTTS: Google didn’t leak user queries

In this past year, AOL released millions of raw queries from hundreds of thousands of users. Within days, a journalist had determined the identity of an AOL user from the queries that AOL released. But AOL got a better grade than Google.

Google is a “proud” $1 billion strategic shareholder in AOL, aimed at allowing Google to “participate in AOL’s future success.” Moreover, while Cutts decries the security of AOL search, it is Google that has been powering “search functions across AOL’s brands for five years.”

By lambasting AOL search, Cutts also sheds doubt on “the even better search experience” for AOL members and users that Google promised in 2002. After all, shouldn’t Google be providing its branded search techonology to AOL subject to Google’s own privacy policies.

What’s more, AOL has acknowledged its mistakes and improved its operating procedures. The Privacy International report is aimed at warning against ongoing and future privacy risks, not to “punish” for past, remediated offenses.

Cutts: Google didn’t give millions of user queries to the Dept. of Justice

In 2005/2006, the Department of Justice sent subpoenas to 34 different companies requesting users’ queires and other data. AOL, Microsoft, and Yahoo all gave some amount of users’ queries to the Department of Justice. Google fought that subpoena. The judge sided with Google; no queries from Google users were given to the DOJ. 

Hooray for Google! For Google’s insistence on keeping all of its user search query data records for itself, that is. Google may successfully wrap its DOJ defiance as standing up for its users, but Google’s end-game is to stand-up for Google, Google’s market cap.

Google is steadfast in its belief that every piece of user data it tracks, collects and archives within the Google cloud is proprietary information, proprietary to Google, though, not proprietary to the individuals and business from which Google gleaned the information.

Google defied the DOJ not in solidarity for its users, but in defense of its business model and competitive stance.

In any event, Google may not even be able to find its users data to comply with all of the DOJ’s demands! I recently discovered a “reason” for Google’s inconsistency in its privacy and data practices: Google apparently does NOT readily know where its users’ data is in the Google cloud, according to its top privacy point man!

Peter Fleischer indicates that Google doesn’t automatically know where user data is. So what, he nevertheless suggests. Fleischer is Global Privacy Counsel for Google and, as Google proudly declares, sits on the Board of the International Association of Privacy Professionals.

It is surprising then that he cavalierly declares “Your data is in the cloud,” somewhere.

“If your data is in the cloud, where exactly is that?” He asks,

and answers:

“It’s actually very hard to answer the apparently simple question: “where’s my data? You can’t pin-point the location of the clouds.”

Fleischer has no problem with the image of users’ personal, private data floating directionless throughout the global Google cloud. Get with the cloud times, the top Google privacy officer underscores:

Data protection law was largely written in an era when data did indeed have an easily-identifiable location.

In the Google era, however, all the world needs to know is that the Google cloud is the only place to be, the world’s safe haven:

“Now, if you want to know how your data is being protected, the important question is not “where is my data?”, but rather “who holds my data?”

The New York State Consumer Protection Board agrees, BUT warns Google is NOT the company that should be holding YOUR data, as I detailed yesterday in Google Privacy Trap: Consumers Beware.

Cutts: Google will anonymize query logs

In March, Google announced that it would begin anonymizing its logs after 18-24 months. Google has continued to communicate on the issue. In fact, we talk a lot about privacy.

Google SPINS a lot about privacy, would be a more apt way to characterize the “communications” emmanating from Google on privacy. Query log “anonymization” for 18-24 months is much ado about nothing of significance to those concerned about real user privacy initiatives.

Will Google searchers be breathing collective sighs of privacy relief three years out? Not exactly, according to Google itself.

Do these changes guarantee anonymization? It is difficult to guarantee complete anonymization.

In fact, Google users ought not be breathing any sigh of privacy relief, at any time, supposed “anonymization,” or not.

In its “Complaint and Request for Injunction, Request for Investigation and Other Relief” before the Federal Trade Commission, in the matter of Google, Inc. and DoubleClick, Inc., the Electronic Privacy Information Center writes wrote:

1) Courts have recognized a privacy interest in the collection of information that concerns Internet use even where the information may not be personally indentifiable.

2) Privacy laws routinely require that information about consumers be deleted once it is no longer needed.

3) The Organization for Economic Cooperation and Development Guidelines on the Protection of Privacy and Transborder Flows of Personal Data recognize that “the right of individuals to access and challenge personal data is generally regarded as perhaps the most important privacy protection safeguard.”

I have oft pointed out that Google does not offer any absolute guarantee of users’ rights to “access and challenge” personal data. Therefore, Google does not provide the “most important privacy protection safeguard,” and it has no intention to ever do so.

The New York State Consumer Protection Board aims to make Google do something though, by threatening the Google DoubleClick meger on consumer privacy grounds.

ALSO: Facebook: The End of Innocence

CONTACT DONNA BOGATIN

Filed under: Google, Legal, Ethics, Google Search, Search, Privacy, Security
Written by: Donna Bogatin @ 8:40 am

 

31 Comments »

  1. […] UPDATE: Google is WRONG On Consumer Privacy […]

    Pingback by Insider Chatter by Donna Bogatin » Google: The Great Intimidator — June 11, 2007 @ 8:42 am

  2. […] UPDATE: Google is WRONG On Consumer Privacy and Google: The Great Intimidator […]

    Pingback by Insider Chatter by Donna Bogatin » Google Privacy Trap: Consumers Beware — June 11, 2007 @ 8:43 am

  3. Good work countering the spin!
    Subscribed!

    Comment by Mat — June 11, 2007 @ 9:34 am

  4. […] Donna Bogatin isn’t buying it, though. […]

    Pingback by Matt Cutts of Google answers Privacy International « Scobleizer — June 11, 2007 @ 10:25 am

  5. […] Robert being thorough also mentions in his post that Donna Bogatin states that Google’s answer does not ring true in her post Google is wrong on consumer privacy. […]

    Pingback by Thomas - Technical Blogger Matt Cutts of Google Responds to Privacy Report « — June 11, 2007 @ 11:39 am

  6. […] Today’s technology power house, ”Do No Evil” Google, is no different, in desire or effect. In fact, Google power is even more insidious, because Google has the “consumer” on it side, as well as the overwhelming majority of bloggers, as the “conversation” on Google’s latest privacy “flap” can attest to! […]

    Pingback by Insider Chatter by Donna Bogatin » Google vs. Microsoft the Monopolist: 0 for 2 — June 11, 2007 @ 1:24 pm

  7. […] The official response from Google was naturally disappointment and saying that the report was based on inaccuracies and misunderstandings. But under the surface there are stronger feelings. One of the company’s main defenders Matt Cutts, head of Google’s Webspam team, address the study in a long and frustrated response on his blog. Several bloggers and analyst write along the same lines, see Techmeme for the full discussion. However at Inside Chatter Donna Bogotan takes Cutts down saying that “his plea for Google does not ring true”. […]

    Pingback by Upset buzz after Google’s low ranking in privacy policy « PodTech Network — June 11, 2007 @ 2:47 pm

  8. […] Of course, Donna Bogatin counters each of the above examples from Matt Cutts, which is another interesting read and take on the Privacy International report. […]

    Pingback by Concerns Over Google’s Privacy Policies Arise - CyberNet News — June 11, 2007 @ 2:47 pm

  9. […] Donna Bogatin states she doesn’t believe Google’s answer rings true in her post Google is wrong on consumer privacy. Donna reviews Matt’s points and details why she refutes Matt’s post. […]

    Pingback by Thomas - Technical Blogger Privacy International and Google - What’s Really Going On? « — June 11, 2007 @ 4:07 pm

  10. […] Google is WRONG On Consumer Privacy says Donna Bogatin, she says Google doesn’t even know where all of the user data is, let alone be able to anonymize it. Peter Fleischer, Google’s privacy point man, says, “It’s actually very hard to answer the apparently simple question: “where’s my data? You can’t pin-point the location of the clouds.” Google privacy […]

    Pingback by Google is Ranked at the Bottom When it Comes to Privacy, Says Privacy International — June 11, 2007 @ 4:10 pm

  11. Excellent article. The world needs fewer Google fanboys and more rational skeptics.

    Comment by tom sherman — June 11, 2007 @ 6:26 pm

  12. […] Donna Bogatin isn’t buying it, though. […]

    Pingback by iTablet.mobi » Matt Cutts of Google answers Privacy International — June 11, 2007 @ 7:29 pm

  13. […] The big drama of the day is how much of a privacy risk Google is. Unsurprisingly Scoble has the leading edge summary  Also Matt Cuts of Google responds in Why I disagree with Privacy International and off course thats all nonsense according to Donna Bogatin Google is WRONG On Consumer Privacy. […]

    Pingback by RE Agent in CT » The Feed Bag — June 11, 2007 @ 8:23 pm

  14. […] Related - Donna Bogatin has rebuttals to the arguments presented by Matt.  These links were gotten from Robert Scoble’s blog.   […]

    Pingback by Google babies « Talk nineteen to the dozen — June 11, 2007 @ 11:54 pm

  15. […] Google today nevertheless touts as “consumer privacy friendly,” its decision to “anonymize” its search server logs after 18 months, as opposed to a previously announced 18-24 months. Really? I analyzed yesterday that the supposed “annonymization” is much ado about nothing for those concerned about truly providing consumers with control over how, or even if, data on them is collected and handled by third parties. […]

    Pingback by Insider Chatter by Donna Bogatin » Google 18 month Consumer Data Trap — June 12, 2007 @ 8:44 am

  16. […] Donna Bogatin doesn’t seemed to appreciate Google’s stance. She comments in her blog: […]

    Pingback by Privacy International takes on Google unfairly | terrainnova.org — June 12, 2007 @ 10:33 am

  17. […] If you want to review others’ thoughts (both positive and negative), here are some links (in no particular order): Danny Sullivan, Shelley Powers, Matt Cutts, Donna Bogatin, Robert Scoble. […]

    Pingback by michaelzimmer.org » Archives » Google, Privacy International, and Data Retention — June 13, 2007 @ 3:36 pm

  18. […] Doc Searls thinks through the whole piracy episode which has dumped the Google at bottom of the stack. Many posts flew accusing, defending and debating the defense the corporations for being hostile, but none of them looks at the reason why piracy is at stake. But Google’s business model isn’t search. It gets because effects off search. Search is free. But because of search, Google makes money with advertising. That’s its business model. Part of that business model is putting millions of individuals and companies into the same business. You don’t need to sell a single ad to support your site or your blog with advertising. Google AdSense does all the work. It not only does that work for millions of businesses, but creates millions of businesses where before there were none. […]

    Pingback by Privacy Control | iface thoughts — June 13, 2007 @ 10:24 pm

  19. Maybe Donna, But ISPs not only know every search and done on their network, they know all the sites you visit outside of the Google network and can tie it back to a valid credit card, and address. What’s more is the NSA gaining access to this data for wide scale surveillance under the patriot act :
    http://www.pbs.org/wgbh/pages/frontline/homefront/view/

    This Google thing is peanuts compared to what is really going on.

    Comment by joey — June 16, 2007 @ 4:03 pm

  20. […] Google’s Matt Cutts had a longish post on the privacy issues, and here is one of the rebuttal to Cutt’s post. […]

    Pingback by Kamla Bhatt Blog » Googleophobia + Privacy — June 17, 2007 @ 12:10 pm

  21. […] Donna Bogatin isn’t buying it, though. […]

    Pingback by Matt Cutts of Google answers Privacy International » Ecommerce Blog — June 18, 2007 @ 6:03 am

  22. […] ALSO: Google is WRONG On Consumer Privacy  […]

    Pingback by Insider Chatter by Donna Bogatin » Cisco to Google: Get Real! — June 18, 2007 @ 2:52 pm

  23. […] Matt Cutts makes a fantastic argument in his blog and hits the mark right on! Though Donna Bogatin (as pointed out by Scoble) makes an interesting argument for the other side. […]

    Pingback by The Musings of an Aspiring Geek - One day I’ll be a Proper Geek » Google Privacy takes a beating — June 19, 2007 @ 10:30 am

  24. […] Google is a business, NOT a friend. SEE Google is WRONG On Consumer Privacy […]

    Pingback by Insider Chatter by Donna Bogatin » Google is NOT Your Friend — June 20, 2007 @ 10:35 am

  25. […] Cutts has got it wrong before, for example: Google is WRONG On Consumer Privacy […]

    Pingback by Insider Chatter by Donna Bogatin » Google: Matt Cutts Joins eBay PayPal Party — June 21, 2007 @ 11:51 am

  26. […] SEE: Google is WRONG On Consumer Privacy […]

    Pingback by Insider Chatter by Donna Bogatin » Google Seeks User Tracking 24/7: At Work, at Home — June 22, 2007 @ 12:11 pm

  27. […] SEE:  Google is WRONG On Consumer Privacy and Google: Matt Cutts Joins eBay PayPal Party […]

    Pingback by Insider Chatter by Donna Bogatin » Google Human Powered Search: Who Needs Mahalo? — June 24, 2007 @ 10:23 am

  28. […] ALSO: Google is WRONG On Consumer Privacy […]

    Pingback by Insider Chatter by Donna Bogatin » Google on DoubleClick: Billions of Display Ad Dollars — June 27, 2007 @ 6:46 am

  29. […] Update: Matt posts this response.Donna posts this response to that response. […]

    Pingback by fresh wordpress installation » Google Privacy — June 28, 2007 @ 4:05 am

  30. […] Not convinced? Read why Google is WRONG On Consumer Privacy AND beware Google! […]

    Pingback by Insider Chatter by Donna Bogatin » Google Global Land Grab: Do Server Farms Matter? — June 28, 2007 @ 2:54 pm

  31. […] SEE: Free FeedBurner? The HIGH Price You Pay  and Google Global Land Grab: Do Server Farms Matter? and Google is WRONG On Consumer Privacy […]

    Pingback by Insider Chatter by Donna Bogatin » Google GrandCentral: Who Needs Wiretaps? — July 3, 2007 @ 2:32 pm

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