Google Street View Not Spy Cam, Court Rules

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Third Circuit OKs Google Street View

An appellate court has given Google Street View the green light to to post images of private homes online. The case arose from a complaint by Aaron and Christine Boring, who claimed a violation of their privacy after images of their home and pool appeared on the Internet. The photos were taken, the Borings said, by a Google driver who entered their private driveway to take pictures.

Regardless, The Third Circuit Court of Appeals dismissed the privacy claim finding, "No person of ordinary sensibilities would be shamed, humiliated, or have suffered mentally as a result of a vehicle entering into his or her ungated driveway and photographing the view from there."

The court added that if there is truth to the photographer/driveway accusation, the Borings may indeed have a valid trespass claim, but warned that any damages would likely be extremely low.

What are our privacy rights regarding our homes and even our faces?

For now at least, courts are looking at Google Street View under the same lens as traditional photos taken of homes from public streets or from above; that is, they are protected by the First Amendment/freedom of the press.

In Google's defense, the company has taken steps to ensure privacy of individuals. Google has taken to blurring faces visible in Street View and even met with domestic violence organizations to make sure it was adequately addressing privacy concerns.

Moreover, Google Street View does have a "Report Concern" button for users to signal Google that there is content they find objectionable. There has been no explanation as to why the Borings didn't pursue this avenue before filing suit, or, as the Third Circuit pointed out, eliminate their address from pleadings or file under seal. Their "failure to take readily available steps to protect their own privacy and mitigate their alleged pain suggests to the Court that the intrusion and the their suffering were less severe than they contend."

But what if companies want to start zooming in and peeking inside homes?

Cyberlawyer Venkat Balasubramani of Seattle has been quoted as saying that if a high-powered zoom lens were involved, courts might look at things differently; of course in that situation, cameras would be going beyond the “in plain view”, First Amendment barrier.

As advances in technology in continue, it is likely that we'll see some legislative changes regarding what companies can and cannot do regarding private citizens and and privacy rights. Until then: smile, you're on Google Street View.

Comments

Can my girlfriend legally tape my every movement in our apartment that we both split the bills in New Jersey, Pemberton

I wondered if someone would have taken this to court

Is time to Boycott Google? I... we are sick of the steamroller big brother tactics and the clear
abuse to one's prvacy. From storing everything you do online and report you or sell your profile to
3rd parties. And now what about the street cam etc. They have a photo of my house and cars in the
driveway WITH view of plate numbers. Been battling Google over privacy issues as well. It will not
stop here so be warned. They are too big!

When someone bad or a stalker with a restraining order from your past finds you on line using the
google street view and finds out what new car you or your wife is driving then confronts you when or
where you least expect it or do worst then you'll be affected too and get point on the invasion!

Google should be required to have an opt out from the system.

The judges the handled this case are naive and technology challenged. Any idiot can understand that a
"street view" and ONLY be seen 50 -100 feet away. You CAN NOT see street view from ANYWHERE else than
from YOUR STREET. So that being the case when you look up a street view in one city and you are in
another you should NOT be able to see it. Right? so by placing your house online only people on your
street should be able to see it. NOT someone states away. Any attorney out there with this common
sense and understanding should be able to find some case law to shut Google down. You need to deal
with this from a different angle.

Or better yet. What if everyone BOYCOTT GOOGLE! What if everyone stops using them or stops clicking
the ads or stops advertising with them. That would be our right to do, right? Then if they suffer
financially then maybe they will stop invading our privacy.

The appellate court (devils in black dresses)should understand that images of my pool is not a street view. Anyone who enteres my private driveway or my back yard to take pictures will be met with force of the unpleasent kind.
Got that GOOGLE and the Third Circuit Court of RIGHTS Repeals.

Plain view on camera view?

what if they want to swim in the pool and do not want to be seen, say, topless? it is the same as spying inside homes. It should go to Supreme court

I too was outraged by the public's easy access to my property on Google. I was a victim of domestic violence and stalking, and have gone to great lengths to keep my location undisclosed. I followed the Google "report concern" path, and the not only removed the street view of my house, but the whole street. Though I was angry with their initial action of putting the images online, they did work with me and accomodated my request. I just would have liked to have the option to opt out in the first place.

It would not be anonymous if I gave my email address. I think the way Google is starting to become the big eye in the sky is absurd and think they should ask 1st instead of being a picture taker, isn't there enough of them. I wonder how the head executive of Google or any major corp. co. would like to be seen in the lights of the eyes of the public with out knowing about it. But I am sure they have a way to protect themselves from that. Do un to others as they would do to you. I thought there was some kind of system that was started along time ago that we have forgotten about. Be kind Live in harmony and stop pushing the limits cause you just have a lot of money. Is it right think about how you would feel if it happened to you, and if you would like it it does not matter what the courts say is it right or not. We need more help then I thought we did with the way people keep pushing the limit of others, that is how wars are started. We all need to look at what we do to each other more clearly. May we all be blessed by the The great spirit and allow us to think the right way.

Great...now thieves and others who wish to harm you and your family can case your place from the comfort of - wherever. This is terrible. At least if they were parked around your home someone may have seen something to report or just call the police. Now they get a pretty good layout of your home from these pictures and figure out where your home is vulnerable. There DOES need to be an "opt out" of this senseless invasion!

I agree TIME TO BOYCOTT GOOGLE! Hit 'em where it hurts and then we get our privacy and RESPECT! Tired of the big dog steamrollN Me! Everywhere you turn citizens are being fleeced,steamrolled,hoodwinked,shukNjived and just straight lied to(by the big dog). Seems we aren't as free as we think here in the U.S.

Mr. "Boycott Google", you need to go back into your hole and start hiding... Big brother is out to get you! I think they even started embedding tracking chips in our brain!

This whole lawsuit was absurd to begin with.

If a swimming pool is visible from street view, why is there any problem? Build a tall fence, plant some trees? You shouldn't be swimming naked in a pool that your neighbors can see anyway.

The only issue I see is the trespassing problem, which yes, would be a violation of privacy. Other than that, who cares if someone can see what kind of cars you have from the street? Someone could figure that out for themselves by driving by your house in person.

Oh lighten up. Anyone driving by can see your house from the street. Google took on a tremendously large task with the Google Earth project and I think most of us love it. I don't know how they can do this great project without charging us to access it. I love it. Frank

This makes you wonder who got paid off this time.
It's obvious that any robber or even pedophile can benefit from this information. Toy's in the front or back yard, zoom lenses that google driver's can use that might give even a slight hint of the curtains or furniture, etc. indicating whether children might be living there. Is Google ready to be held accountable for some of the crime or damage that could (or will) result from their business practices?

All coments against GOOGLE are valid, futhermore if you are someone who is behind on bills, and there many now days, a bill collector can sit in your driveway with intent to harrass.

For all who critique Google,
The pictures are STILL Pictures, not real time.
Who cares to search for YOUR particular address (one of the millions), and look at YOU HOUSE. All the important information as who owns the property, how much was paid for it, how much is it worth now, if you behind on tax payments and have lean on it ETC IS READILY AVAILABLE ON INTERNET FOR FREE. After that, do you really care about strangers can see what color drapes you use, or the fact that you have the pool in backyard? Or, possibly, a famous thief from Germany casing your little second floor apartment in the middle of nowhere to still your used iPod Nano. All problems usually come from your next door neighbors, and do not require using Google. Really, people GET A LIFE. We live in 21st century, everything will be digitized sooner or later.

i think it's ridiculous that google street view can drive onto PRIVATE PROPERTY (that happens to be the Boring's drive way) and take pictures 'legally'?!?!? What is able to be photographed from public streets is technically 'fair game' but to say just because the Borings didn't blockade their private driveway (and why should they have to?) that it should be legal is offensive. the logic doesn't follow. that's like saying if you don't lock your doors you want to be robbed or someone can drive on your lawn and take pictures because it isn't fenced or because you didn't say no that means yes or that just because of the way you are dressed...



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