A federal court in San Francisco granted Google’s request to appeal the court’s ruling last month that Google could be held liable under the federal Wiretap Act for intercepting data from unencrypted Wi-Fi networks. In connection with its Street View program, Google collected information regarding available Wi-Fi networks as well as snippets of data, including emails, being transferred over such networks. A class action suit was brought against Google under the Federal Wiretap Act. The judge rejected Google’s claim that the networks were unencrypted and the data was readily accessible to the general public. However, because this is an issue of first impression, the judge ruled that “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” and granted Google’s right to appeal. The class action suit is on hold pending a decision on appeal.
In re Google Inc. Street View Electronic Communications Litigation, 10-2184, U.S. District Court, Northern District of California (San Francisco).