Cautionary article about Google desktop

J

Jeff Needle

Current Issue Date: 08/19/2005
Theme: "Out of Harm's Way--
Avoiding Intruders, Malware, and Data Thieves"
(Click Here for the Table of Contents)



By Kirk Kirksey

Google Desktop Search’s Terms and Conditions:
Just So You Know
By Kirk Kirksey

I love Google. Really. I use the Big G constantly, but several weeks ago,
I came across something that makes me a tad nervous. My neck started
twitching, and this is always a bad sign.

Before I spill the beans, I want to see if you can spot the source of my
involuntary animation. Fire up your browser and proceed to the
very-familiar Google home page. Now click on the More link. You’ll get a
page showing a gaggle of Google Services and Google Tools. There are
Groups, Images, Blogger, Hello, Picasa, and Desktop Search. Go ahead,
click on a couple.

Now click on Desktop Search, and you’ll notice something a little
different. Google’s Desktop Search is the only Google add-on or tool
requiring the user to actively accept Google’s own Terms and Conditions
and Privacy Policy before downloading the tool. All other Google offerings
simply supplied a link to G’s Privacy Policy.

This small curiosity made me sit up and say “Hmm?†I decided to do some
digging.

Terms and Conditions

In general, “terms and conditions†are those things we never read. Who has
the time or the stomach for it, anyway? For one thing, they are everywhere—
on every piece of software we purchase, on many of the Web sites we want
to visit, and on applications (like G’s Desktop Search) we want to
download. Usually, the first few sentences of the T’s and C’s appear in a
scroll box, and we are faced with a decision. Click No, and you don’t get
the prize. Click I Agree, and life is good. Click Read, and you are faced
with screen after screen of mind-numbing legalese. I don’t think I know a
single person who bothers.

As it turns out, terms and conditions for packaged software, either off
the shelf or downloaded from the Internet—known as “click-wrapped terms
and conditionsâ€â€”have been upheld by the courts as a legally binding
contract. (Interesting note: In the case of “off the shelf,†the buyer
usually cannot read the “shrink-wrapped†contract until after the product
has been purchased and opened.) The current legal standing of
click-wrapped T’s and C’s stems from a 2001 court case involving Netscape
and a bunch of angry users. Here’s how the deal went down.

Netscape supplied a piece of software called SmartDownload, a product
designed to help users quickly download and manage files. Behind the
scenes, however, SmartDownload secretly transmitted personal information
back to the Netscape mother ship. A bunch of New York users sued, claiming
violation of the Electronic Communications Privacy Act and the Computer
Fraud and Abuse Act. Netscape tried to force users to arbitrate rather
than go to trial by citing a clause in the user agreement requiring
arbitration of all disputes. Here’s the catch. The Terms and Conditions of
SmartDownload were simply posted on the product’s Web site with the
notice, “Please review and agree to the terms of this agreement.†Users
were never forced to click an I Agree button as a condition for obtaining
and using the software.

The users won the lawsuit. In a piece of very clever wording, the courts
said the Netscape SmartDownload arrangement created a “browse wrapâ€
agreement that “reads as a mere invitation, not as a condition.†This
means that terms and conditions (also called terms of use or terms of
service) with no I Agree button simply won’t hold water in a court of law.
Now back to Google’s Desktop Search.

Things That Make You Go Hmm

I was familiar with the Netscape decision, which is probably why Desktop
Search’s Terms and Conditions requirement jumped out at me. I decided to
(gulp) read the Big G’s T’s and C’s, as well as the Privacy Policy, which
is also a Google Desktop use requirement.

As you would expect, this is a contract written by lawyers to protect the
company, not you. Most of the stuff will not surprise anyone familiar with
one-sided, non-negotiated contracts. The company is held harmless for any
damage caused by the software. Any legal disputes will be governed by
California. If one piece of the T’s and C’s is found to be illegal, the
rest of the contract remains intact.

The paragraph that caught my attention was entitled “Consent to Collect
Non-Personal Information.â€

“Google Desktop Search may collect certain non-personally identifiable
information that resides on your computer, including, without limitation,
the number of searches you do and the time it takes to see your results.
Unless you (and the users to whom you distribute in accordance with these
Terms and Conditions) choose to opt out, either during installation or at
any time after installation, non-personal information collected will be
sent to Google.

In other words (as I read the agreement, anyway), Google Desktop Search,
and Google Desktop Search alone, will decide which information on my
computer is non-personally identifiable. Its selection could change at any
time. I will not be given a choice in the matter. The product will gather
this information, then send it back to Google for uses unknown.

Nowhere in this click-wrapped contract, or on the Web site, could I find a
list of information Google Desktop Search collects. In a silly, misguided,
deluded effort to discover exactly what data Google Desktop Search
stockpiles from my computer, I e-mailed the company using contact
information cited on the Big G’s Web site. I requested a comprehensive
list of collected information. To date, I have received no reply.

* * *

The terms and conditions requirement for software is simply a fact of
life. Companies must legally protect themselves. We will continue to
ignore the T’s and C’s, and click the I Approve button. I admit it; I am
as guilty as the next Netizen. But in the case of Google Desktop Search,
this user has decided to look elsewhere for a desktop search tool. Just so
you know.

Check out Kirk’s new book, Computer Factoids: Tales From the High-Tech
Underbelly, at Amazon.com and www.computerfactoid.com.



Today's Date: 08/25/2005


(Click Here)



(Click Here)


Send mail to Editor with questions about editorial content.
Send mail to Webmaster with questions or comments about this Web site.
Copyright © 1997-2005 The Byte Buyer, Inc.
ComputorEdge Magazine, 4740 Murphy Canyon Road Suite 250, San Diego, CA
92123. (858) 573-0315
 
T

TedK

Jeff said:
Current Issue Date: 08/19/2005
Theme: "Out of Harm's Way--
Avoiding Intruders, Malware, and Data Thieves"
(Click Here for the Table of Contents)



By Kirk Kirksey

Google Desktop Search’s Terms and Conditions:
Just So You Know
By Kirk Kirksey

I love Google. Really. I use the Big G constantly, but several weeks
ago, I came across something that makes me a tad nervous. My neck
started twitching, and this is always a bad sign.

Before I spill the beans, I want to see if you can spot the source of
my involuntary animation. Fire up your browser and proceed to the
very-familiar Google home page. Now click on the More link. You’ll get
a page showing a gaggle of Google Services and Google Tools. There are
Groups, Images, Blogger, Hello, Picasa, and Desktop Search. Go ahead,
click on a couple.

Now click on Desktop Search, and you’ll notice something a little
different. Google’s Desktop Search is the only Google add-on or tool
requiring the user to actively accept Google’s own Terms and Conditions
and Privacy Policy before downloading the tool. All other Google
offerings simply supplied a link to G’s Privacy Policy.

This small curiosity made me sit up and say “Hmm?†I decided to do some
digging.

Terms and Conditions

In general, “terms and conditions†are those things we never read. Who
has the time or the stomach for it, anyway? For one thing, they are
everywhere— on every piece of software we purchase, on many of the Web
sites we want to visit, and on applications (like G’s Desktop Search)
we want to download. Usually, the first few sentences of the T’s and
C’s appear in a scroll box, and we are faced with a decision. Click No,
and you don’t get the prize. Click I Agree, and life is good. Click
Read, and you are faced with screen after screen of mind-numbing
legalese. I don’t think I know a single person who bothers.

As it turns out, terms and conditions for packaged software, either off
the shelf or downloaded from the Internet—known as “click-wrapped terms
and conditionsâ€â€”have been upheld by the courts as a legally binding
contract. (Interesting note: In the case of “off the shelf,†the buyer
usually cannot read the “shrink-wrapped†contract until after the
product has been purchased and opened.) The current legal standing of
click-wrapped T’s and C’s stems from a 2001 court case involving
Netscape and a bunch of angry users. Here’s how the deal went down.

Netscape supplied a piece of software called SmartDownload, a product
designed to help users quickly download and manage files. Behind the
scenes, however, SmartDownload secretly transmitted personal
information back to the Netscape mother ship. A bunch of New York users
sued, claiming violation of the Electronic Communications Privacy Act
and the Computer Fraud and Abuse Act. Netscape tried to force users to
arbitrate rather than go to trial by citing a clause in the user
agreement requiring arbitration of all disputes. Here’s the catch. The
Terms and Conditions of SmartDownload were simply posted on the
product’s Web site with the notice, “Please review and agree to the
terms of this agreement.†Users were never forced to click an I Agree
button as a condition for obtaining and using the software.

The users won the lawsuit. In a piece of very clever wording, the
courts said the Netscape SmartDownload arrangement created a “browse
wrap†agreement that “reads as a mere invitation, not as a condition.â€
This means that terms and conditions (also called terms of use or terms
of service) with no I Agree button simply won’t hold water in a court
of law. Now back to Google’s Desktop Search.

Things That Make You Go Hmm

I was familiar with the Netscape decision, which is probably why
Desktop Search’s Terms and Conditions requirement jumped out at me. I
decided to (gulp) read the Big G’s T’s and C’s, as well as the Privacy
Policy, which is also a Google Desktop use requirement.

As you would expect, this is a contract written by lawyers to protect
the company, not you. Most of the stuff will not surprise anyone
familiar with one-sided, non-negotiated contracts. The company is held
harmless for any damage caused by the software. Any legal disputes will
be governed by California. If one piece of the T’s and C’s is found to
be illegal, the rest of the contract remains intact.

The paragraph that caught my attention was entitled “Consent to Collect
Non-Personal Information.â€

“Google Desktop Search may collect certain non-personally identifiable
information that resides on your computer, including, without
limitation, the number of searches you do and the time it takes to see
your results. Unless you (and the users to whom you distribute in
accordance with these Terms and Conditions) choose to opt out, either
during installation or at any time after installation, non-personal
information collected will be sent to Google.

In other words (as I read the agreement, anyway), Google Desktop
Search, and Google Desktop Search alone, will decide which information
on my computer is non-personally identifiable. Its selection could
change at any time. I will not be given a choice in the matter. The
product will gather this information, then send it back to Google for
uses unknown.

Nowhere in this click-wrapped contract, or on the Web site, could I find
a list of information Google Desktop Search collects. In a silly,
misguided, deluded effort to discover exactly what data Google Desktop
Search stockpiles from my computer, I e-mailed the company using
contact information cited on the Big G’s Web site. I requested a
comprehensive list of collected information. To date, I have received
no reply.

* * *

The terms and conditions requirement for software is simply a fact of
life. Companies must legally protect themselves. We will continue to
ignore the T’s and C’s, and click the I Approve button. I admit it; I
am as guilty as the next Netizen. But in the case of Google Desktop
Search, this user has decided to look elsewhere for a desktop search
tool. Just so you know.

Check out Kirk’s new book, Computer Factoids: Tales From the High-Tech
Underbelly, at Amazon.com and www.computerfactoid.com.



Today's Date: 08/25/2005


(Click Here)



(Click Here)


Send mail to Editor with questions about editorial content.
Send mail to Webmaster with questions or comments about this Web site.
Copyright © 1997-2005 The Byte Buyer, Inc.
ComputorEdge Magazine, 4740 Murphy Canyon Road Suite 250, San Diego, CA
92123. (858) 573-0315
Thank you for this information. I am forwarding it to the President of
our local users group. We had a presentation of it some months ago. I
didn't buy into it for reasons not as substantive as yours.

Ted Kircher
 
S

Sparky

Jeff said:
Current Issue Date: 08/19/2005 Theme: "Out of Harm's Way-- Avoiding
Intruders, Malware, and Data Thieves" (Click Here for the Table of
Contents)



By Kirk Kirksey

Google Desktop Search’s Terms and Conditions: Just So You Know By
Kirk Kirksey
“Google Desktop Search may collect certain non-personally
identifiable information that resides on your computer, including,
without limitation, the number of searches you do and the time it
takes to see your results. Unless you (and the users to whom you
distribute in accordance with these Terms and Conditions) choose to
opt out, either during installation or at any time after
installation, non-personal information collected will be sent to
Google.

Copyright © 1997-2005 The Byte Buyer, Inc. ComputorEdge Magazine,
4740 Murphy Canyon Road Suite 250, San Diego, CA 92123. (858)
573-0315

Interesting little read. Fwiw, Google can and does track this kind of
information already, whenever you use their search engine (see below).
This is why a number of us in the group have shied away from the toolbar
*and* google (using instead ie scroogle.org).

enjoy,

-Sparky
The following from www.google-watch.org:
 
N

Neil Cooper

Sparky said:
Interesting little read. Fwiw, Google can and does track this kind of
information already, whenever you use their search engine (see below).
This is why a number of us in the group have shied away from the toolbar
*and* google (using instead ie scroogle.org).

enjoy,

-Sparky
The following from www.google-watch.org:

So which search engine should I use that does not do this? Are there any
others apart from scroogle?
 
J

Jeff Needle

Thank you for this information. I am forwarding it to the President of
our local users group. We had a presentation of it some months ago. I
didn't buy into it for reasons not as substantive as yours.

Ted Kircher

Glad to do it. We get the print edition of the ComputorEdge magazine
(yes, they spell it that way) and every so often there's something of real
value in it.

Best.
 
J

Jeff Needle

Interesting little read. Fwiw, Google can and does track this kind of
information already, whenever you use their search engine (see below).
This is why a number of us in the group have shied away from the toolbar
*and* google (using instead ie scroogle.org).

enjoy,

-Sparky

Sheesh. I think I need to change my surfing habits.
 
R

Richard Steinfeld

Good work Jeff.

One thing I'll add to what other people have posted in response: I'm
using the Proxomitron, and honestly, I've forgotten how I tweaked it.
But the bottom line is that Google doesn't put cookies on my system and
goes about its merry way. I must have used an option like "Fake a cookie."

Richard
 
F

Franklin

On Thu 25 Aug 2005 20:16:13, Jeff Needle wrote:
Current Issue Date: 08/19/2005
Theme: "Out of Harm's Way--
Avoiding Intruders, Malware, and Data Thieves"


I think it's same problem if you get a Gmail account.
 

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