Google Gets Chance To Appeal In Street View Lawsuit

Just a couple weeks after the latest setback, Google picked up a small but potentially important victory today in its defense against charges that the company violated federal wiretap laws when its Street View cars intercepted personal data over unencrypted WiFi networks.

As the San Francisco Chronicle reports, Judge James Ware has put the case on hold and given Google the go-ahead to appeal his ruling last month that kept open a group of consolidated lawsuits that accuse Google of violating the Federal Wiretap Act. In that decision, Ware dismissed a pair of claims against Google, but refused to grant Google a dismissal of the wiretapping charges.

According to the Chronicle:

The case is the first in which a federal court is being asked to determine whether a company can be found liable under federal wiretap laws based on allegations that it intentionally intercepted data from a wireless home network, according to Ware’s opinion.

“In light of the novelty of the issues presented, the court finds that its June 29 order involves a controlling question of law as to which there is a credible basis for a difference of opinion,” Ware wrote in his ruling today.

A Google spokesperson told the paper that Google is “pleased that the court has allowed us to appeal its recent decision on our motion to dismiss,” and reiterated the company’s belief that the lawsuit’s claims are “without merit.”

For more background, see the stories listed below.

Related Topics: Google: Legal | Google: Street View | Legal: Privacy

About The Author: Matt McGee is Search Engine Land's Executive News Editor, responsible for overseeing our daily news coverage. His news career includes time spent in TV, radio, and print journalism. His web career continues to include a small number of SEO and social media consulting clients, as well as regular speaking engagements at marketing events around the U.S. He blogs at Small Business Search Marketing and can be found on Twitter at @MattMcGee and/or on Google Plus. See more articles by Matt McGee

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ISPs Denied Digital Economy Act Appeal, Will Fight On

Two of the UK’s largest Internet service providers have been denied permission to appeal against their earlier failed legal action which challenged the Digital Economy Act.

BT and TalkTalk had attempted to overturn a high court review of the legislation at the Court of Appeal.

On Monday, Judge Sir Richard Buxton refused the application at the High Court in London, effectively ending the companies’ efforts to have controversial clauses, such as the disconnection of Internet subscribers on copyright grounds, removed from the Act.

Nevertheless, BT and TalkTalk are refusing to give in and have signalled they will continue to fight.

“We still believe that the Digital Economy Act measures aimed at preventing online copyright infringement are inconsistent with European law,” the pair said in a statement this afternoon.

“Following the decision of Lord Justice Buxton earlier this week we have asked the Court of Appeal for an oral hearing of our application for permission to appeal.”

Last month a United Nations report said that disconnecting file-sharers from the Internet would breach human rights.

Source: ISPs Denied Digital Economy Act Appeal, Will Fight On

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