Three groups have asked the FTC to halt the deal until it
receives assurances about privacy protection. Google said that the
complaint fails to identify any activity undertaken by it that
falls short of accepted privacy standards.
The Electronic Privacy Information Center, the Center for
Digital Democracy and the US Public Interest Research Group have
filed the complaint, alleging that the concentration of information
about users that would be controlled by the combined company could
lead to dangerous privacy breaches.
"Google's proposed acquisition of DoubleClick will give one
company access to more information about the internet activities of
consumers than any other company in the world," said the complaint.
"Moreover, Google will operate with virtually no legal obligation
to ensure the privacy, security, and accuracy of the personal data
that it collects."
The complaint claims that Google violates the Federal Trade
Commission Act by engaging in deceptive and unfair trade
practices.
"Upon arriving at the Google homepage, a Google user is not
informed of Google’s data collection practices until he or she
clicks through four links," says the section of the complaint which
details Google's alleged deceptive trade practices. "Most users
will not reach this page. In truth and in fact, Google collects
user search terms in connection with his or her IP address without
adequate notice to the user. Therefore, Google’s representations
concerning its data retention practices were, and are, deceptive
practices."
"As a result of Google’s failure to detail its data retention
policies until four levels down within its website, its users are
unaware that their activities are being monitored," says the
complaint in the section alleging unfair trade practices.
"Furthermore, Google does not provide any 'opt-out' option to its
users who do not want Google to store their search terms. Google’s
collection of information about its users without compliance with
Fair Information Practices, such as the OECD Privacy Guidelines, is
likely to cause substantial injury to consumers, which is not
reasonably avoidable by consumers and not outweighed by
countervailing benefits to consumers or competition, and therefore
is an unfair practice."
Google retains search terms and links them to the internet
addresses of the people who made the search. This could lead to the
identification of users, which the activists say runs against the
expectations of users.
Google has rejected the allegations that it has broken any law
in its practices. "Google believes the complaint is unsupported by
the facts or the law," Google counsel Peter Fleischer told
reporters. "When we have a chance to explain to the FTC why we keep
this information, I think there is zero chance that the FTC will
order us to delete it at the end of a session."
In Europe companies such as Google will soon have to retain IP
addresses for between six months and two years to comply with the
Data Retention Directive. Member states must pass that into
national law by the end of this year.
