London Daily

Focus on the big picture.
Tuesday, Aug 18, 2026

Judge In Google Case Disturbed That Even "Incognito" Users Are Tracked

Judge In Google Case Disturbed That Even "Incognito" Users Are Tracked

The Alphabet Inc. unit says activating the stealth mode in Chrome, or "private browsing" in other browsers, means the company won't "remember your activity."

When Google users browse in "Incognito" mode, just how hidden is their activity?

The Alphabet Inc. unit says activating the stealth mode in Chrome, or "private browsing" in other browsers, means the company won't "remember your activity." But a judge with a history of taking Silicon Valley giants to task about their data collection raised doubts Thursday about whether Google is being as forthright as it needs to be about the personal information it's collecting from users.

At a hearing Thursday in San Jose, California, US District Judge Lucy Koh said she's "disturbed" by Google's data collection practices as described in a class-action lawsuit that says the company's private browsing promises is a "ruse." The suit seeks $5,000 in damages for each of the millions of people whose privacy has been compromised since June of 2016.

Weighing Google's attempt to get the suit dismissed, Koh said she finds it "unusual" that the company would make the "extra effort" of data collection if it doesn't use the information to build user profiles or targeted advertising.

Google has become a target antitrust complaints in the last year filed by state and federal officials -- as well as businesses -- accusing it of abusing its dominance in digital advertising and online search. Koh has a deeper history with the company as a vocal critic of its privacy policies. She forced Google in one notable case to disclose its scanning of emails to build profiles and target advertising.

In this case, Google is accused of relying on pieces of its code within websites that use its analytics and advertising services to scrape users' supposedly private browsing history and send copies of it to Google's servers.

Google makes it seem like private browsing mode gives users more control of their data, Amanda Bonn, a lawyer representing users, told Koh. In reality, "Google is saying there's basically very little you can do to prevent us from collecting your data, and that's what you should assume we're doing," Bonn said.

Company Disclosure


Google argues that every time people use Chrome's private browsing mode, a full-page notice makes clear that other people who use the device won't see their activity -- but that it may still be visible to, among others, websites they visit and their internet service provider.

Andrew Schapiro, a lawyer for Google, said the company's privacy policy "expressly discloses" its practices. "The data collection at issue is disclosed," he said.

Another lawyer for Google, Stephen Broome, said website owners who contract with the company to use its analytics or other services are well aware of the data collection described in the suit.

Broome's attempt to downplay the privacy concerns by pointing out that the federal court system's own website uses Google services ended up backfiring.

The judge demanded an explanation "about what exactly Google does," while voicing concern that visitors to the court's website are unwittingly disclosing information to the company.

"I want a declaration from Google on what information they're collecting on users to the court's website, and what that's used for," Koh told the company's lawyers.

The case is Brown v. Google, 20-cv-03664, U.S. District Court, Northern District of California (San Jose).

Newsletter

Related Articles

0:00
0:00
Close
UK Health and Economic Pressures Highlight Wider Strain on Households and Public Finances
UK Prime Minister Andy Burnham Reaffirms Full Support for Ukraine Amid Russian Warnings
Sainsbury’s Suspends Live Facial Recognition at London Store After Customer Misidentified
Artists Urge UK Prime Minister Andy Burnham to Reject New North Sea Oil and Gas Licensing
UK Government Awards Four Hundred and Fifty-Six Million Pound Civil Service Training Contract to EY and KPMG
Global Government Bond Yields Rise as Middle East Conflict Fuels Inflation Concerns
British Housing Market Records Weakest August Since Two Thousand and Eighteen as Asking Prices Fall
UK Announces New Sanctions on Russian Shadow Fleet and Financial Institutions
UK Approves Virgin Rail Group Services Through Channel Tunnel, Challenging Eurostar
UK Government Backs Three Hundred Million Pound AI Investment Zone in North Lanarkshire
UK Declares National Salmonella Outbreak Linked to Imported Eggs
China’s Lifelike AI Humans Move From Livestreams Into Real-World Service Roles
UK Government Rolls Out £5.8 Billion Regional Investment Programme to Revive High Streets
AstraZeneca Ends Late-Stage Lung Cancer Trial After Data Shows No Survival Benefit
London Stocks Fall for Sixth Day as Bond Yields and Middle East Tensions Weigh on Markets
UK Government Rewrites Planning Rules to Accelerate Housing Near Transport Hubs
UK Wildfires Spread Across Southern England as Met Office Issues Severe Heat Warnings
British Doctors Warn Cancer Care Is at Risk as Hospitals Reject More Than a Quarter of Urgent Referrals
UK Hospitals Suspend Critical Care as Extreme Heat Exposes Infrastructure Failures
Sarah Ferguson Reportedly Retreats to Late Ex-Boyfriend's Swiss Chalet
Cristiano Ronaldo and Georgina Rodríguez Sign Prenup Protecting Their Separate Fortunes
Thieves Steal Antonello da Messina Renaissance Masterpieces From Sicilian Museum
Better.com Founder Who Fired 900 Employees on Zoom Is Ousted as CEO
Italian Speed Camera Issues Nearly 32,000 Fines in 10 Weeks, Worth More Than €3 Million
AI Manager at San Francisco Store Recommends Firing Human Employee
Google Launches Pixel 11 With Gemini AI at the Center of Its Hardware Strategy
Campaigners Press Government to Strengthen Rights for Four Million Gig Workers
Government Considers Higher Private Rents to Spread Asylum Accommodation Across UK
UK Moves to Protect Historic Pubs From Conversion Into Housing and Offices
Nigel Farage Wins Clacton By-Election to Return to House of Commons
British Manufacturers Report Rising Cybersecurity Threats Across Industrial Supply Chains
Royal Navy Increases Monitoring of Russian Ships in UK Waters by 25 Percent
England Adds More Than 350 Medical Training Posts to Strengthen NHS Capacity
NHS Waiting Lists Over 52 Weeks Rise by More Than 11,000 Patients
Brent Crude Near $88 Raises Fresh UK Energy Cost Concerns
UK Treasury Warns Prolonged Strait of Hormuz Disruption Could Cut 2027 Growth to 0.3 Percent
UK Economy Grows 0.4 Percent in Second Quarter as Energy and Inflation Risks Persist
UK Heatwave Triggers Emergency Alert as Government Unveils £65 Million Farm Support Package
Reform UK Unveils Plan to Cut Welfare Spending by More Than £50 Billion a Year
Prime Minister Andy Burnham Praised Extinction Rebellion for Doing a 'Great Service'
UK Wildfire Phone Alert Triggers Backlash as Users Switch Off Emergency Warnings
Heathrow Roads Reopen After Burst Water Main Floods Access to Terminals 2 and 3
Former NBA Players Enes Kanter Freedom and Royce White Say They Will Enter 2027 WNBA Draft
Former Cambridge Professor Jason Arday Found Dead Days After Resigning Amid Plagiarism Row
US Appeals Court Rules AI Agent's Website Actions Are Legally Attributed to the User
France's Constitutional Council Blocks Social Media Ban for Children Under 15
Liechtenstein Changes Royal Succession Rules to Allow Women to Inherit the Throne
Women Allege Rape and Sexual Abuse at British Army College for Teenage Recruits
Minnesota: Two independent investigators posed as Muslims (one wearing a burqa) and showed how they could vote in elections without identification.
UK Prime Minister Andy Burnham Takes Regional Tour to Highlight Local Infrastructure and Environmental Problems
×