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Between the Lines

Larry Dignan, Andrew Nusca and Rachel King

Congress demands FTC investigation into Google's Safari tracking

By | February 20, 2012, 7:58am PST

Summary: The FTC is called on by Congress to investigate claims that Google’s Safari tracking code could have broken an agreement the search giant signed last year.

Three members of the House of Representatives have written to the U.S. Federal Trade Commission, asking it to investigate Google’s practice of circumventing Apple’s Safari browser.

Two Republicans and one Democrat — Rep. Cliff Stearns (R-FL), Rep. Joe Barton (R-TX), and Rep. Edward Markey (D-MA) — sent the letter to the FTC.

The letter calls on the regulator to investigate the issue, and reminds it of Google’s promise to abide by the agreement it set out with Google last year amidst the Google Buzz privacy controversy.

It was uncovered last week that Google included code that would bypass the security of the Safari browser, which is used mostly on iOS devices such as the iPhone and the iPad, by allowing a site to set cookies. The aim of the code was to allow users who see adverts, provided by Google’s DoubleClick network, to see the company’s social ‘+1′ button embedded within.

The letter — posted online [PDF] — explains that the report originally filed by the Wall Street Journal comes “less than a year after the company reached a settlement agreement with the FTC”.

It goes on to say that the regulatory body “alleged that the company used deceptive tactics and violated its own privacy promises to consumers when Google Buzz was launched in 2010.”

It adds: “Google and the FTC agreed on a settlement than bars the company from future privacy misrepresentations; requires Google to implement a comprehensive privacy policy; and initiates regular, independent privacy audits of the company for the next two decades.”

Google is already under the spotlight by U.S. and European authorities alike after it announced it would consolidate its privacy policies across its products and services into one.

If the FTC investigates and finds Google guilty, it could lead to fines of $16,000 per violation per day, and would force the company into changing its privacy practices.

Image credit: CBS News.

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Zack Whittaker, a criminologist who studied at the University of Kent, Canterbury, is a journalist, writer and broadcaster.

Disclosure

Zack Whittaker

I worked briefly with Microsoft UK in 2006 but no longer have any connection with the company. Regardless, I remain impartial and unbiased in my views.

I don't hold any stock or shares, investments or industrial secrets in any company, but have signed confidentiality agreements with a number of UK and U.S. organisations, whose names I am not at liberty to disclose.

I was involved with Kent Union, the University of Kent's student union, undertaking voluntary, non-salaried, elected positions between early 2009 and mid-2010.

No other company, body, government department, non-governmental organisation or third sector organisation employs me or pays me a salary in any capacity whatsoever.

As a freelance journalist, whenever expenses are given and taken by a company that is not CBS Interactive, these will be disclosed in each relevant post to ensure transparency.

I currently work with a UK law enforcement unit, but this is an entirely separate position which bears no connection to other work.

(Updated: 23rd October 2011)

Biography

Zack Whittaker

Zack Whittaker, criminologist who studied at the University of Kent, UK, is a journalist, writer and broadcaster.

After studying criminology at university, though still in his early-20's, he has already had a series unconventional work and voluntary positions. He has worked with researchers studying neurological illnesses like Tourette's syndrome (which he suffers from), has given lectures on the nature of disabilities in the public community, and occasionally ends up speaking on television and radio discussing the events of the day.

He first had academic work published at the age of 22, then still an undergraduate, and has been cited by a wide range of publications: from CNN, the Huffington Post, AllThingsDigital, The Atlantic Wire and CBS News.

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check your bank's website where you login to do online banking
Mahegan 24th Feb
and I bet it refers the page to "google-analytics".
This all a blow up over nothing. The code in question was allowed by webkit/Safari.

https://bugs.webkit.org/show_bug.cgi?id=35824
instigated by by paid $hills that abuse their office at the direction of the evil software companies like apple and M$. Instead of whining these lame competitors should secure their software or open it for inspection by the community.
@The Linux Geek
Nah; Barton's the only one who received more money in the last 2 cycles (2010, 2012 election cycles) from Microsoft than Google...Stearns and Markey received more money from Google than Microsoft.
@gork platter
Receiving money from M$, a convicted monopolist should raise red flags and dismiss this tortuous interference with Google business practices. Google's press release should be enough for all those concerned about privacy.
@gork platter : Maybe you should back up your claim with actual facts? Where did you get this "information" or did you just thought it up? Nice to be biased. Huh? [I could claim that you were paid by Apple to say what you've said - and I'm sure someone reasing this blog would believe me.]
If only members of Congress knew how to use their computers without IT help.
Don't apologize for Googles bad behavior here. They knew what they were doing and need to correct it.
0 Votes
+ -
It's an election year
Rabid Howler Monkey 20th Feb
Congress really cares about the privicy of U.S. consumers, err ... citizens. Right? Right!? Thats why almost anything privacy-related is opt-out rather than opt-in. With few exceptions, the corporations (remember, they are people too) win.

Enough ranting ... it's time to spill my guts, yet again, on Facebook. Just kidding. wink
I hope they nail Mr. Google's butt to the wall. I have a brain and I know how to use it. I don't need google or anyone else helping me or targeting my ads for me as if I am too stupid to find things myself. Every day we learn that hackers have gotten ahold of more info, and I want as little of my info out there as possible. NOBODY has a right to it.

If people want to give out their information, fine, but I want a permanent, mandatory OPT-OUT button for folks like me that do not want any of my information leaving my home except when I give it to the folks I deal with directly (like my bank).
@Simple-Sense
then you should go and live in woods! Real people enjoy google because it is free and best.
1 Vote
+ -
@The Linux Geek

Put your money where your mouth is... post all of your own personal data you feel comfortable posting online. Here's your big chance to prove your point.
and I bet it refers the page to "google-analytics".
as i said in another article, if safari does stop all cookies but those from the same apple inc, was the user informed about this? is it not a monopoly behavior if i change the contents of content providers except from my own brand? the cookies were placed on the pages by the content creators of the pages, is it not apple who is using its browser to do wrong, if i choose to block all cookies but my own, or all competing cookies?
If my front door lock's pickable, is it okay to burgle my house? If my window's breakable and my TV's in plain sight is it okay? I hope not: I'd just as soon not live in a bomb shelter with double combination doors making a fire exit or an emergency medical rescue a risky matter.

Google took a knowing and purposeful action to violate Safari users' "assumptions" that they'd be safe from tracking. Google emulated tracking beyond third-party by emulating a momentary form-completion (click the Like, pard, and you've filled out the form, or left a cookie that'll remain to track you NEXT time you logon to Google).

Oh, Google argues, it was "accidental". Right. "We didn't drop it. It fell."
"Settlements" for criminal offences committed by corporations undermines the progress in law for over the last thousand years. Once in time (during Anglo-Saxon England) there was "bounty law" - meaning that even if one committed murder, it was OK provided one "settled" with the in-laws. The progress in law meant that crimes like murder became an offence against the state, and the perpetrator could not "settle" with the in-laws. These events coincided with the rise of the Common Law system.
I doubt whether any Court would issue a "cease trading" order against companies committing serious crime, but it would be nice to see a few senior executives go to jail for a while for committing crime.

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