You're not sorry, Google

Last updated 10:55 03/09/2010

google wifi 2Google has been cleared of any criminal offence by New Zealand police, but their behaviour in Aotearoa is inconsistent with the sentiment they have shown abroad.

In a June 11 article from Agence France Presse, Google's director of public policy, Pablo Chavez, was quoted as saying the gathering of wireless data was a "mistake" for which Google was "profoundly sorry".

Google then confirmed they had deleted data collected in Ireland, Denmark and Austria.

Not so for New Zealand. Apparently, Google's wrongdoing depends on which country you are in, as does their apology.

Profoundly sorry or not, Google's reluctance to delete all of the data - from every country - weakens their argument that the exercise was a mistake.

Mistakes should be rectified at the first instance and without hesitation, right?

It surprises me that they have been cleared of guilt, to be honest.

I thought they would have run foul of the Radiocommunications Act 1989, which, in Section 133A subsection (1), says:

"Every person commits an offence against this Act who receives a radiocommunication and who, knowing that the radiocommunication was not intended for that person,

"(a) makes use of the radiocommunication or any information derived from that radiocommunication,

"(b) reproduces or causes or permits to be reproduced the radiocommunication or information derived from that radiocommunication,"

"(c) discloses the existence of the radiocommunication."

Google also claimed the data was never used in any product or service, but the phone I am using at the moment, an LG GT450, specifically has an option to enable using wireless networks to find your location in mapping applications - It comes loaded with a Google-based mapping app.

Mr Chavez also said "Maintaining people's trust is crucial to everything we do," and emphasised that "being lawful and being the right thing to do are two different things."

Well, their actions have now been designated lawful, but what about doing the right thing?

The time has come to make good on the trust which Google's millions of users give to it.

It seems inconsistent that they would concede in Ireland, Denmark and Austria, but hold on to the data in any country which does not specifically request its deletion.

The information they took was little more than the name and location of open wireless networks, not the bank passwords which some may have feared. The information they took was taken from a public place, and you could get the same walking down the street with a smart phone.

But it was the lack of transparency, and the global attitude of Google which led many to question their "don't be evil" motto.

That's why it's time for Google to come clean. They have now shown that they have every intention of keeping their questionably obtained spoils.

So, Google, don't say sorry unless you mean it.


*Update* I spoke to a Google NZ representative, who said the New Zealand payload data would be deleted once the full investigation is complete, but only once the Privacy Comission and the NZ police were happy for that to happen.

They also confirmed that, as requested, they are currently holding the data from "Belgium, Canada, the Czech Republic, Finland, France, Germany, Hong Kong, Italy, Greece, Spain, Switzerland, the United States, and any other country that requests it".

They also wanted to emphasise that the payload data is not used in any service - but the wireless SSID and location data is.

"Given that there is some uncertainty about deletion generally," they said, "we think it makes sense to keep the remaining country data while we continue to work through these issues."


Has the Google Wifi saga changed your opinion of them? Do you trust Google? Should they have been more upfront? Was it blown out of proportion?

» Join Connector on Facebook, Twitter @lukeappleby or Email Luke at connectornz@gmail.com

18 comments
Post a comment
Ivan   #1   11:20 am Sep 03 2010

Maybe your LG phone is using the skyhook wireless service? It's not like this is a new thing. The iPhone has been using wifi data for location since 2008 (at least thats when the article I googled for was written).

IMO collecting a mac address/SSID and pairing it with a GPS location isn't really a very terrible thing. The only way they can identify that your using that wireless connection is if the software your using sends it to them. And on android it can be disabled.

And if you really don't want that data to be collected in the first play, don't broadcast the SSID. The SSID is broadcast to let devices know its there for use, so I think the information in it should be fair game otherwise everyone walking past your house with a wifi enabled phone would be breaking the law.

Steve   #2   11:21 am Sep 03 2010

This has been a beat up from the start, if people are foolish enough to leave their wireless unencyrpted then Google is the least of their worries. What is surprising is that the Police bothered to investigate it, and more surprising still that the Privacy Commissioner is still looking into it. I think we know why they have a back log at the Privacy Commission - they waste time on things like this.

General George's Wife   #3   11:24 am Sep 03 2010

Nice blog. I agree it seems to be a case of double standards. Perhaps it reflects how Google views its relationship with New Zealand - less important than France, Ireland, Denmark and Austria. No excuse though. Given Google's power as a company - it needs to be honest. Or people won't continue to use it. Gone are the days where people take whatever a conglomerate throws at them without questioning its integrity.

Scott   #4   11:28 am Sep 03 2010

I would never trust a company that harvests more information than all the governments of the world combined.

InnocentD   #5   11:31 am Sep 03 2010

"Don't be evil" is a joke at Google these days. There actions indicate they are just as evil as ever other company out there and even more so in alot of cases due to there underhanded way of using data provided or obtained by them.

Shame on you Google!

Scott (t'other one)   #6   12:21 pm Sep 03 2010

Really, who cares? When you start collecting very large quantities of data, it summarises and averages to meaningless mush. its impossible to find out anything about individuals, and even if its not I don't care if people know what I do online. Its mostly boring.

Charles   #7   12:28 pm Sep 03 2010

I think YOU, the media are the ones who should feel sorry. You should all apologize for sensationalizing and mis-communicating what was a fairly mundane and innocuous data scrape. It's a SSID and a location, not private data. It's public data, because people made it public.

Sure, Google could have been more transparent, but the ignorant media frenzy certainly didn't do anything to assuage public fears.

Mike   #8   12:54 pm Sep 03 2010

Really? It's to the point where YOU are going to quote Acts when the police finish a months-long investigation and say there's been no wrongdoing?

You'd have to reach very far to successfully argue that it's possible to know before your device finds a wifi network that that network is not intended for you, and then argue even further that your computer storing information such as the name of that network counts as "reproducing" information from that network. And at that point all you've done is criminalise every single user of wireless devices because they aren't designed to selectively and psychically ignore broadcast signals.

cm   #9   01:35 pm Sep 03 2010

The wording of the law and the intentions of the law are different and likely were not intended to cover this sort of thing. The law is written to prevent acts such as using scanners to listen in on police radio.

Google are likely to not fall foul of that law. Wifi complies to a specification and broadcasting according to that specification implies certain things whether or not that was what the user intended.

The spec says something like: "To make your access point presence known to Wifi gear, broadcast your SSID according to protocol xyz.". If you have set up your wifi system to broadcast an SSID and MAC without encription then, according to the specs, your networking system is advertising its presence and is inviting connections. By using a specification like this you are actually requesting that other compatible equipment listen to you and take heed of your existence. Now that might not be what the user intended, but that is what they have configured the system to do.

I'm pretty sure that Google did not actually snoop into the private networks to extract info. All they seem to have done is record SSIDs etc that people broadcast.

By a very tight-assed reading of the Act, some uses of GPS are illegal. For example the reception of L2 channels for RTK could be considered illegal since those signals are not intended for reception by non-military users.

Matt C   #10   01:57 pm Sep 03 2010

I rolled my eyes when the media reported that Google were potentially stealing bank account information... even over an open network, it is virtually impossible to read information going through a secure connection. EVERY bank in New Zealand has secure "HTTPS" facilities available, making this point nothing more than sensationalist rubbish.

And now I find out all they harvested is the SSID and GPS location? I always took everything the media said with a grain of salt, but this is just rediculous... way to lose your credibility, guys.

Matt


Show 11-18 of 18 comments

Post comment


Required

Required. Will not be published.
Registration is not required to post a comment but if you , you will not have to enter your details each time you comment. Registered members also have access to extra features. Create an account now.


Maximum of 1750 characters (about 300 words)

I have read and accepted the terms and conditions
These comments are moderated. Your comment, if approved, may not appear immediately. Please direct any queries about comment moderation to the Opinion Editor at blogs@stuff.co.nz
Special offers

Featured Promotions

Sponsored Content