Google Book Search allows anyone to search a massive library of books that Google has scanned. A few years ago, the Authors Guild sued Google to stop the project and various settlement agreements have subsequently been proposed. Judge Denny Chin recently rejected the latest settlement agreement.[1] Though he suggested that the opt-out provision, allowing Google to scan any work unless the right holder opts out, was the main reason for rejecting the settlement, Chin also stated that “the privacy concerns are real.”
Chin noted the concern that the settlement agreement does not limit what reader information Google can track, potentially allowing Google to create detailed profiles of its readers. Chin also noted issues as to whether and to what extent Google could share such information with others. Finally, though not in the opinion, some have voiced concern over transparency with what the privacy policies will be and how much control users will have over their privacy settings.[2]
Despite the privacy concerns, Chin apparently does not believe “they are a basis in themselves to reject the proposed settlement.” In coming to this conclusion, Chin notes Google has obliged itself to follow voluntary safeguards. But while Google has previously offered assurances that the “principles” of its normal privacy policy would apply to Book Search, it has declined to offer specific details. Google has also suggested it cannot develop an adequate privacy policy until it finishes developing Book Search, though few would argue Book Search is currently so undeveloped that it does not require any consideration of privacy.
While privacy issues may not be the deciding factor in the Google Book Search settlement, and Google has certainly sought to downplay them, they will undoubtedly become an important issue once the legal issues are resolved and the practical problems with the project must be dealt with.
1 See http://thepublicindex.org/docs/amended_settlement/opinion.pdf.
2 See http://www.aclunc.org/issues/technology/google_don’t_close_the_book_on_reader_privacy.shtml