FCC Fines Google $25,000 for Impeding Investigation Into Data Collection

The FCC has proposed fining Google $25,000 for impeding its
investigation into Google's data collection from non-password protected Wi-Fi networks
related to its Street View mapping project, but did not take any action against
it for that collection.

Google said late Sunday it had worked with the FCC disagreed with the commission's conclusion and would be filing a response.

Google said the data collection had been a mistake and the FCC concluded it
had no precedent for finding Google had violated the commission's rules against
unauthorized publication or use of communications. The FCC points out that
Google only collected info from non-protected Wi-Fi, and that it said it did
nothing with encrypted data it gained in that way. And because the FCC could
not compel an interview with a Google engineer, it said it could not determine
whether Google had or had not done anything with that encrypted info.

In a notice of apparent liability Friday, the FCC said that
it had insufficient evidence for a finding against Google, but was fining it
for "deliberately impeding and delaying the bureau's investigation by
failing to respond to requests for material information and to provide
certifications and verifications of its responses."

The FCC launched its investigation in 2010.

"We worked in good faith to answer the FCC's questions throughout the inquiry, and we're pleased that they have concluded that we complied with the law," said a Google spokesperson late Sunday. "As the FCC notes in their report, we provided all the materials the regulators felt they needed to conclude their investigation, and we were not found to have violated any laws. We disagree with the FCC's characterization of our cooperation in their investigation and will be filing a response."

"We worked in good faith to answer the FCC's questions throughout the inquiry, and we're pleased that they have concluded that we complied with the law," said a Google spokesperson late Sunday. "As the FCC notes in their report, we provided all the materials the regulators felt they needed to conclude their investigation, and we were not found to have violated any laws. We disagree with the FCC's characterization of our cooperation in their investigation and will be filing a response."

Rep. Ed Markey (D-Mass.), co-chair of the House privacy caucus, who sought their own answers on Google's Stgreet View, had a mixed reaction to the FCC decision.

"The FCC was correct to fine Google for this breach and to cite the company's recalcitrance in providing timely and comprehensive information in support of the Commission's investigation," he said. "However, I am concerned that more needs to be done to fully investigate the company's understanding of what happened when consumer data was collected without their knowledge or permission. This fine is a mere slap on the wrist for Google. Coupled with the company's recent changes to its privacy policy, it seems as if Google is making a U-turn in its commitment to protect consumer privacy as embodied in its settlement with the FTC."

John Eggerton

Contributing editor John Eggerton has been an editor and/or writer on media regulation, legislation and policy for over four decades, including covering the FCC, FTC, Congress, the major media trade associations, and the federal courts. In addition to Multichannel News and Broadcasting + Cable, his work has appeared in Radio World, TV Technology, TV Fax, This Week in Consumer Electronics, Variety and the Encyclopedia Britannica.