Friday, July 1, 2011

Google faces 'wire tapping' case

Google could be sued for scooping up data from open wi-fi networks after a US court ruling.

A judge in San Francisco decided that the company's actions may have violated federal laws on wire tapping.

Google had tried to have the class action lawsuit thrown out, claiming that anyone could have intercepted the wireless signals.

It had previously admitted collecting the data by mistake while gathering images for its Street View service.

Since the blunder was revealed, Google has stopped its Street View cars logging wi-fi networks.

Private data

The problem was discovered in 2010 when German data protection officials asked the company what information its Street View photography cars were collecting.

As well as taking panoramic images, it emerged that they also logged wi-fi networks to help with the search firm's location services.

That involved sampling packets of data from wireless hotspots. On open, unencrypted networks the system grabbed logins, passwords and other personal details. About 600MB of data was collected in 30 countries.

At the time, Google apologised for its action, blaming a coding error, and pledged to delete the data.

The revelation led to investigations in several countries. France fined Google 100,000 euros (�87,000) over the breach.

In the US, a class action lawsuit was brought on behalf of plaintiffs from nine states. The case is being heard in California where Google's headquarters is located.

The company tried to have the case dismissed on the grounds that the data gathering was inadvertent. It also said that anyone could have intercepted the transmissions.

"Start Quote

the law doesn't clearly cover that issue right now and that the law is really a mess."

End Quote Jim Dempsey Center for Democracy and Technology

US District Court Judge James Ware disagreed and said that just because a wi-fi network was open did not mean it was meant to be public.

"Merely pleading that a network is unencrypted does not render that network readily accessible to the general public," Judge Ware wrote in his decision.

The fact that Google used some specialist equipment meant it was was liable for prosecution under federal wire tap laws.

Judge Ware threw out several other elements of the complaint against Google, relating to state laws on wire tapping and unfair competition.

In a statement, the company dismissed the claims and said it would consider the latest ruling before deciding whether to launch an appeal.

US laws on wire tapping were in need of updating, said Jim Dempsey, a privacy expert at the Center for Democracy & Technology.

The laws were last updated in the late 1980s to address such things as CB radio and baby monitors, he said.

"I don't think anyone doubts that it should be illegal to intercept someone's communications," said Mr Dempsey.

"But I think it's equally clear that the law doesn't clearly cover that issue right now and that the law is really a mess."



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Nortel sells patents for $4.5bn

Bankrupt telecoms firm Nortel has sold its remaining patent portfolio for $4.5bn (�2.8bn) to a consortium of six firms including Apple and Microsoft.

The other consortium members are Sony, Research In Motion, Ericsson, and EMC.

The auction of Nortel's assets had been hotly contested, with Google and Intel losing out.

The sale included more than 6,000 patents and patent applications including areas such as data networking and semiconductors.

"The size and dollar value for this transaction is unprecedented, as was the significant interest in the portfolio among major companies around the world," said George Riedel, chief strategy officer at Nortel.

Google had opened the bidding in April at $900m.

Patent wars

Canada's Nortel filed for bankruptcy protection in January 2009 and has been selling assets since then, raising about $3.2bn in the process.

Earlier on Thursday, Nortel had obtained a court order to extend its bankruptcy protection to 14 December "to provide stability to the Nortel companies to continue with their divestiture and other restructuring efforts".

The patents mark the last major assets to be sold by the company.

Patents are becoming highly prized pieces of intellectual property.

The final sale price was much higher than earlier estimates of $1bn to $2bn and illustrates how fierce the patent wars have become as companies become embroiled in lawsuits.

"The Nortel patent portfolio reflects the heritage of more than 100 years of its R&D activities and includes some essential patents in telecommunications and other industries," said Kasim Alfalahi, chief intellectual property officer at Ericsson, part of the winning group.

"We believe the consortium is in the best position to utilise the patents in a manner that will be favourable to the industry [in the] long term."



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Cost of Euro mobile roaming falls

The cost of making and receiving mobile phone calls while travelling in Europe has come down again.

From today, operators cannot charge more than 32p per minute (plus VAT) for outgoing calls, and 10p per minute (plus VAT) for incoming calls.

The new tariffs are the latest in a series of annual price reductions forced on the mobile industry by the European Commission.

Brussels has said it aims to equalise roaming and domestic charges by 2015.

Price regulation was introduced in 2007 by the then commissioner for information society and media, Viviane Reding.

Since then, the maximum call charge has been reduced by approximately 6% per year.

A group of UK mobile operators - O2, Vodafone, Orange and T-Mobile - attempted to challenge the Commission's price-cutting agenda, taking their case to the European Court of Justice.

However, their complaint was dismissed in June 2010.



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