A U.S. appeals court has once again rejected Google's argument that it did not break federal wiretap laws when collecting user data from unencrypted wireless networks for its Street View program.
In a ruling this week, the U.S. Court of Appeals for the Ninth Circuit held that payload data transmitted over a Wi-Fi network is not "radio communications" as defined under the federal Wiretap Act and as claimed by Google. That means the company cannot claim an exemption for its Wi-Fi data collection under the Wiretap Act.
The appellate court also rejected Google's petition for an en banc, or full court, review of the case. The opinion clears the way for a lawsuit filed against Google over its Street View data collection to proceed in District Court.
"The Ninth Circuit's ruling in the Google Street View case is significant because the court affirmed its previous holding that Wi-Fi communications are protected under the Wiretap Act," said Alan Butler appellate advocacy counsel with the Electronic Privacy Information Center (EPIC).
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