The complaint in this case alleges that between 2007 and May 15, 2010, Google Street View vehicles intentionally intercepted electronic communications that were sent over
unencrypted wireless internet connections (“WiFi connections”) in the United States, in violation of the Federal Wiretap Act, 18 U.S.C. §§ 2510 et seq., and related state statutes.
The lawsuit was brought on behalf of the individuals whose data was intercepted by Google Street View vehicles. Google denies any wrongdoing, and no court or other entity has made any
determination that the law has been violated. The current complaint filed in this litigation, which describes the specific legal claims alleged by the Plaintiffs and the relief sought,
is available on the Settlement Website, at streetviewsettlement.com. You can also find a copy of the Court’s order on Google’s first motion to dismiss the Plaintiffs’ legal
claims on the Settlement Website.
You are a Settlement Class Member, and you are affected by this Settlement, if you used a wireless network device from which Google’s Street View vehicles in the United States obtained
unencrypted Payload Data between January 1, 2007 and May 15, 2010.
“Payload Data” means data frames under the 802.11 Wireless Standard, consisting of a body that may contain the content of communications being transmitted over the network. Payload Data
does not include data frames consisting of a header, and Payload Data does not include data frames containing solely network identifying information, such as a MAC Address or SSID.
“Unencrypted” Payload Data is typically only available from a wireless network device (such as a router) that is not password protected. If you used such a device in any part of the
United States where Google Street View vehicles were driving between January 1, 2007, and May 15, 2010, you may be a Settlement Class Member.
Additional details can be found in the Long Form Notice
No. The Settlement requires Google to destroy the Payload Data acquired from unencrypted wireless networks by Google’s Street View vehicles operating in the United States.
Yes. Under the Settlement, Google has agreed that for five years after the Settlement becomes final, Google will not collect and store for use, in any product or service, Payload Data via Street View vehicles,
except with notice and consent.
Google also agrees to comply with all aspects of the Privacy Program described in paragraph 16 of Section I of the Assurance of Voluntary Compliance
(as defined in Section 10 of the Notice) and with the prohibitive and affirmative conduct described in paragraphs 1-5 of the Assurance of Voluntary Compliance. Through counsel,
Google will confirm to Plaintiffs in writing on an annual basis that it remains in compliance.
Additional details can be found in the Long Form Notice
The Settlement provides for distribution of the Settlement Fund, after deducting any attorneys’ fees, service awards, and other expenses approved by the Court, to non-profit organizations that have a
track record of addressing consumer concerns regarding the privacy of their electronic communications (the “Cy Pres Recipients”). The Plaintiffs have recommended eight non-profit organizations to the
Court, and the Court will select the Cy Pres Recipients. In addition, the Electronic Privacy Information Center has filed a motion with the Court seeking to also be a Cy Pres Recipient. In their motion for
final approval of the Settlement, the Plaintiffs will recommend how to allocate the total cy pres money among all proposed Cy Pres Recipients.
Google represents in the Settlement Agreement that the money that will be distributed to the Cy Pres Recipients is in addition to Google’s charitable donations and that, but for this Settlement,
Google would not have spent this money for charitable purposes.
The portion of the Settlement Fund that will be distributed to the Cy Pres Recipients depends on the amounts the Court approves for attorneys’ fees, Service Awards, and other expenses.
Any funds that the Court does not award as attorneys’ fees, Service Awards, or other expenses will be distributed to the Cy Pres Recipients approved by the Court.
The Court will select the Cy Pres Recipients. The following organizations have been proposed as Cy Pres Recipients:
American Civil Liberties Union Foundation, Inc.
Center for Digital Democracy
The Center on Privacy & Technology at Georgetown Law
Consumer Reports, Inc.
Massachusetts Institute of Technology - Internet Policy Research Initiative
Public Knowledge
Rose Foundation for Communities and the Environment
World Privacy Forum
Electronic Privacy Information Center
If you stay in the Settlement, you will be releasing all of your legal claims relating to the allegations in the plaintiffs’ Complaint, which alleges that between 2007 and May 15, 2010,
Google Street View vehicles intentionally intercepted electronic communications that were sent over unencrypted wireless internet connections in the United States.
The claims you are giving up are called “Released Claims,” and they are defined in paragraph 17 of the Settlement Agreement. You will be releasing the Released Claims against Google, Google Affiliates, and
their respective officers, directors, employees, members, agents, attorneys, administrators, representatives, insurers, beneficiaries, trustees, shareholders, investors, contractors, joint venturers,
predecessors, successors, assigns, transferees, and all other individuals and entities acting on Google’s behalf in connection with the Released Claims, when the Settlement becomes final.
If you do not exclude yourself from the Settlement, you can object to any aspect of the Settlement, to Class Counsel’s request for attorneys’ fees and expenses, to the request for Plaintiff Service Awards,
and/or to particular proposed cy pres recipients.
Objecting to the Settlement means asking the Court to deny approval to the Settlement. You can’t ask the Court to order a larger settlement—it can only approve or deny the Settlement. If the Court denies
approval to the Settlement, Google will not be required to comply with the terms of the Settlement Agreement, no settlement payments will be sent out, and the lawsuit will continue. If that is what you
want to happen, you may so state in an objection.
If you chose to make an objection, it must be in writing and contain the following:
To be considered by the Court, your objection must be either (1) filed at any location of the United States District Court for the Northern District of California on or before January 20,2020, or (2) mailed, postmarked no later than January 20, 2020, to the following address:
Class Action Clerk, United States District Court for the Northern District of California
Judge Breyer Case System Administrator
Phillip Burton Federal Building & United States Courthouse
450 Golden Gate Avenue
San Francisco, CA 94102
Objecting means you disagree with some aspect of the Settlement and think the Court should not give Final Approval to the Settlement. An objection, like a comment, allows your views to be heard in Court. Excluding yourself from the Settlement means you are no longer a Settlement Class Member and don’t want the Settlement to apply to you. Once you are excluded, you lose any right to object to any aspect of the Settlement, because the case no longer affects you.
To exclude yourself from the Settlement, you must send a letter by mail saying that you wish to do so. Your exclusion letter must include:
No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you submit a written objection, you may, but you do not have to, come to Court to talk about it. As long as you submitted your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not required.
You can also get additional information or request a copy of the Settlement Agreement by calling toll-free 1-800-332-7417 or writing to the: