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Joffe v. Google, Inc.

746 F.3d 920 (2013)

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Joffe v. Google, Inc.

United States Court of Appeals for the Ninth Circuit
746 F.3d 920 (2013)

MJ

Facts

Google, Inc. (defendant) created a street-view service that allowed users to view street locations online. To create the service, Google had cameras mounted on cars take photographs of streets. The cameras also had technology that collected data from nearby Wi-Fi networks, which used radio wave frequencies to transmit certain information. Google intended to collect basic information to facilitate its street-view service. The technology, however, collected more than just basic information—it also collected data from unencrypted networks that included personal emails, usernames, and passwords. Google ultimately collected about 600 gigabytes of personal data from unencrypted networks. Benjamin Joffe and other individuals (plaintiffs) brought a class-action lawsuit against Google, claiming that Google violated (among other things) the federal Wiretap Act. Google moved to dismiss, arguing that the data collection fell under one of the Wiretap Act’s exceptions. The district court disagreed but certified the issue for an interlocutory appeal to the Ninth Circuit.

Rule of Law

Issue

Holding and Reasoning (Bybee, J.)

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