Google’s Incognito mode in the Chrome browser has long been touted as a way for users to browse the web privately without leaving a trace of their online activities. However, recent revelations from a class-action lawsuit have exposed that Incognito mode was not as private as Google claimed, and the tech giant now faces significant legal consequences for misleading millions of users.
The Illusion of Privacy in Incognito Mode
When a user enables Incognito mode in Chrome, they are greeted with a message stating “Now you can browse privately” and that Chrome won’t save browsing history, cookies, site data, or information entered in forms. This gives the impression that all online activities will be hidden from prying eyes.
However, the reality is far from that promise. While Incognito mode does prevent the browser from locally storing data on the user’s device, it does not stop Google and other parties from tracking the user’s online behavior.
The class-action lawsuit Brown v. Google LLC, filed in June 2020, alleged that Google continued to intercept, track, and collect browsing data even when users were in Incognito mode. This data included potentially sensitive and embarrassing information about users’ browsing habits and online activities.
How Google Tracked Users in Incognito Mode
Despite the claims of privacy, Google employed various methods to track users even when they were browsing in Incognito mode. Some of these techniques included:
- Google Analytics and Ad Manager: Whenever a user visited a website running Google Analytics, Ad Manager, or other Google services, their browser would send a separate communication to Google, allowing the company to track the user’s activity.
- IP Address and Browser Fingerprinting: Even without cookies, websites could use the user’s IP address, browser type, and other characteristics to identify and track them across different sites.
- Google Account Syncing: If a user was logged into their Google account while in Incognito mode, their browsing data could still be associated with their account and used for targeted advertising.
Internal communications revealed during the lawsuit showed that Google employees were aware of the limitations of Incognito mode. Some employees even suggested adding clearer language to the Incognito splash screen to highlight that Google itself could still track users.
Legal Consequences for Google
As part of the proposed settlement, Google has agreed to delete millions of web browsing records collected from Chrome users in Incognito mode. The company will also be required to make changes to its disclosures and privacy policies to more accurately reflect its data collection practices.
While the settlement does not include monetary damages for the class members, individuals are free to pursue claims against Google in U.S. state courts. Some states, like Texas, have already filed separate lawsuits against Google over its deceptive Incognito mode practices.
The legal fallout from this case highlights the importance of transparency and accountability when it comes to user privacy. Tech companies must be clear about what data they collect and how it is used, even when users believe they are browsing privately.
Protecting Your Online Privacy
In light of Google’s Incognito mode failings, users may be wondering how they can truly protect their online privacy. While no solution is perfect, there are steps you can take to minimize tracking and safeguard your personal information:
- Use a Virtual Private Network (VPN): A VPN encrypts your internet traffic and masks your IP address, making it much harder for websites and third parties to track your online activities. Reputable VPN providers like NordVPN, ExpressVPN, and ProtonVPN offer robust privacy features.
- Choose a Privacy-Focused Browser: Browsers like Brave, Firefox, and Tor prioritize user privacy and include built-in tracking protection and ad-blocking features. These browsers can help limit the amount of data collected by websites and advertisers.
- Install Privacy Extensions: Browser extensions such as uBlock Origin, Privacy Badger, and HTTPS Everywhere (deprecated) can block trackers, enforce secure connections, and give you more control over your online privacy.
- Be Cautious with Browser Sign-Ins: Avoid logging into your Google account or other online accounts while in Incognito mode, as this can negate the privacy benefits and allow your browsing data to be linked to your identity.
Joining the Class Action Lawsuit
If you used Google Chrome’s Incognito mode between June 1, 2016, and the present and believe your privacy rights were violated, you may be eligible to join the class action lawsuit against Google.
To participate, you can contact the law firms representing the plaintiffs, such as Boies Schiller Flexner or Susman Godfrey. These firms have set up websites with information on how to join the lawsuit and potentially recover damages.
It’s important to note that joining a class action lawsuit can be a lengthy process, and there is no guarantee of a payout. However, by holding companies like Google accountable for their privacy violations, we can push for greater transparency and better protections for user data.
Supporting the Electronic Frontier Foundation (EFF)
The Electronic Frontier Foundation (EFF) is a leading nonprofit organization that has been defending civil liberties in the digital world since 1990. Through impact litigation, policy analysis, grassroots activism, and technology development, the EFF champions user privacy, free expression, and innovation. As a donor-funded organization, the EFF relies on the support of individuals to continue their crucial work. By becoming an EFF member or making a donation, you can contribute to their efforts to hold tech giants accountable, advocate for stronger privacy laws, and develop privacy-enhancing technologies. Some ways you can support the EFF include:
- Becoming an EFF member with a monthly or annual contribution
- Making a one-time donation
- Participating in the EFF’s Action Center campaigns to contact legislators about digital rights issues
- Spreading the word about the EFF’s work and encouraging others to get involved
By supporting organizations like the EFF, we can work towards a future where our digital rights are respected and protected.
Google’s Incognito mode scandal serves as a stark reminder that true online privacy is hard to achieve and that even seemingly secure browsing options may not live up to their promises. As users, we must remain vigilant about how our data is collected and shared online.
By using privacy-enhancing tools like VPNs, secure browsers, and browser extensions, we can take steps to protect our personal information from unwanted tracking and surveillance. And by supporting legal efforts to hold tech giants accountable and organizations like the EFF that fight for our digital rights, we can work towards a future where user privacy is respected and prioritized.