Chrome Incognito Mode privacy lawsuit inches closer to trial

In a world increasingly driven by digital connections, ensuring user privacy is paramount. Whether you’re using a public machine and don’t feel like broadcasting your business, or shopping for a gift at home and want to avoid leaving behind potential spoilers, private browsing modes, like Chrome’s Incognito Mode, have become a trusted refuge for those seeking a veil of anonymity. At least, that’s how things are supposed to work, but a class-action lawsuit that emerged in 2020 claims that Google still collects browsing data, even when you’re in Incognito Mode. We’re still a long way off from any kind of resolution here, but this week the case is gaining a little momentum, as a court rejects Google’s motion for summary judgment.



The case, demanding at least $5 billion in damages, alleges that Google, even in the guise of Incognito Mode, did not fully cease its monitoring of user activity. The crux of the contention is that Google’s cookies, analytics, and similar tools allegedly persisted in tracking internet browsing habits, even when users dialed up privacy settings to max.

This debate isn’t purely technical but also revolves around user expectations. When you take advantage of a feature like Incognito Mode in Chrome or Safari’s private browsing, there’s an inherent anticipation of enhanced privacy. Time and time again, though, advocates have pointed out that private browsing modes might not be as discreet as they seem.

Judge Yvonne Gonzalez Rogers, who has been overseeing the case in California, recently bolstered the lawsuit’s prospects by declining Google’s request for a summary judgment. She underscored potential ambiguities in Google’s communications to its users, referencing various privacy notifications in Chrome. The question at hand: did Google’s communications promise a level of privacy that they failed to deliver?

Google remains steadfast in its defense. José Castañeda, a spokesperson for the tech behemoth, told The Verge that Incognito Mode was primarily designed to prevent saving activity to the browser or device. But he also clarified that, despite this, third-party websites might still accumulate user activity details during such sessions.

Adding complexity to the debate is the revelation that Google may combine data from both standard and incognito browsing sessions. Such cross-referenced info is then supposedly used to push personalized ads to users. The catch is that while discrete data points may seem non-identifying, when pooled together, they have the potential to more precisely pinpoint user identities.

A crucial argument put forth by Google, that plaintiffs did not undergo any economic harm, was also tackled by Judge Rogers. Contrarily, she emphasized that plaintiffs describe what amounts to a concrete market for browsing data. This market’s existence suggests Google’s covert data acquisition might have obstructed users from themselves capitalizing on it. Beyond mere monetary reparations, Rogers contemplates that injunctive relief might be necessary to halt any ongoing data accumulation.

Looking forward, this lawsuit has the potential for some vast implications. Whether it culminates in a trial or leans towards a settlement, the ramifications for digital privacy, user trust, and corporate transparency could be immense. The broader digital community awaits with bated breath, as the shape of online privacy itself could be redefined in the wake of this case.

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