Case Study: Ethical & Legal Issues

With new technology come fresh concerns surrounding legal and ethical implications. Privacy is an especially hot topic due to the extraordinary amount of information sharing taking place on the Internet.

In late 2008, Google found itself in the midst of a lawsuit due to the website’s Street View technology. Street View is a feature of Google Maps, which uses satellite technology to offer directions. Google Maps gives users a birds eye view of specific locations, and is available in many locations around the globe. The Street View tool has taken this technology to the next level with 360-degree, panoramic photographs of the given address. The photographs are viewed as if the user was standing directly in front of the given location, hence the label Street View. Google lists the various ways users have benefited from the use of Street View, including exploring famous landmarks, previewing vacation accommodations and checking parking availability. Businesses are encouraged to use Street View to show real estate listings, scout event locations, and conduct virtual field trips.

One couple, Aaron and Christine Boring of Pennsylvania, felt that Street View’s image of their home was an invasion of privacy. The residence in question was located on a street marked with “private road” signs. The Borings filed a lawsuit against Google, citing privacy violation, negligence, unjust enrichment and trespassing. They claimed that the photographic images of their house of the Internet caused them “mental suffering” and diluted their home value.

The couple sought over $25,000 in compensation and damages. Judge Amy Hay dismissed the Boring’s lawsuit when the case was brought to trial in February 2009. Judge Hay stated that the couple had no proof that they had suffered as a result of their home being photographed for Street View. In addition, the Borings never contacted Google to ask for the removal of the images.



Despite the original dismissal of the lawsuit, the Boring’s have continued their fight against Google. The couple has appealed the case and the lawsuit is currently reinstated in the Pennsylvania federal appeals court. If the Boring’s fail to prove that Google’s “trespass” caused them actual harm or damage, the courts say the most they are entitled to is exactly one dollar. For a couple so concerned with privacy the Borings have gained a fair amount of public attention due to the lawsuit, which included court documents containing their home address.

The Boring’s lawsuit isn’t the first complaint the public has made concerning the privacy issues surrounding Google’s Street View. When Street View was first launched in May 2007, many criticized Google’s decision to display photographs that included images of people’s faces, car license plates and other identifying features. Google has since utilized face-blurring technology in order to avoid privacy issues. In a separate case, residents of Humboldt County in California had previously complained that Google’s hired photographers were ignoring private property signs. In response, Google stated that it is legal to photograph “private” residential roads because such privacy no longer exists due to advancements in technology, such as satellite and aerial imagery.

Google maintains that it respects individual privacy and offers several privacy options for those concerned about images of their residence on Street View. A tool on the Street View website is available for those who wish to request the removal of specific images. Google plans to continue to photograph areas around the United States and has Street View projects set to take place globally as well.


Sources:
http://www.guardian.co.uk/media/2009/feb/19/google-wins-street-view-privacy-case
http://news.cnet.com/8301-1023_3-10166532-93.html
http://news.cnet.com/8301-13578_3-10444755-38.html