London Daily

Focus on the big picture.
Thursday, Apr 02, 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
King Charles III Invited to Address Joint Session of U.S. Congress in Rare Diplomatic Honor
Debate Grows Over Whether Expanded North Sea Drilling Can Reduce UK Energy Bills
UK Faces Heightened Risk of Jet Fuel Shortages, Airline Chief Warns
UK Ends Police Investigations into Lawful Social Media Posts After Review Finds Overreach
Abramovich Moves to Establish Charity for Frozen Chelsea Sale Proceeds Amid UK Dispute
Starmer Reaffirms NATO Commitment While Responding to Trump’s Strategic Critique
UK Aid Reductions Raise Fears of Severe Human Impact Across Parts of Africa
UK Signals Renewed Push for EU Cooperation as Iran Conflict Reshapes Security Landscape
Bank of England Signals Caution as Bailey Advises Markets Against Expecting Rate Hikes
UK to Convene Global Coalition to Restore Shipping Through Strait of Hormuz
Trump Signals Possible NATO Reassessment, Emphasizes Stronger U.S. Strategic Autonomy
Australia Joins British-Led Efforts to Reopen Strait of Hormuz Amid Escalating Tensions
King Charles Plans US State Visit as UK Strengthens Ties with Trump Leadership
UK Regulator Launches Investigation Into Microsoft’s Business Software Practices
Kanye West Set for High-Profile Return to UK Stage at Wireless Festival
Trump Presses Europe to Strengthen Commitment as Iran Conflict Escalates
UK to Deploy Additional Troops to Middle East Amid Rising Regional Tensions
UK Authorities Face Claims of Heavy-Handed Measures in Monitoring Released Pro-Palestine Activists
Trump Calls on UK to Secure Its Own Energy as Iran Conflict Intensifies
Nigel Farage Declines Invitation to UK Conservative Conference Led by Liz Truss
Trump Warns Allies to Take Responsibility as Rift Deepens with UK and France Over Iran Conflict
How Britain’s Prime Minister Controls U.S. Bomber Access in Escalating Iran Conflict
Trump Urges Allies to Secure Their Own Oil Supplies as Hormuz Crisis Disrupts Global Energy
Russia Expels British Diplomat as UK Pushes Back Against Pressure
White House App Faces Scrutiny After Claims of Continuous User Location Tracking
BBC Faces Scrutiny Over Allegations of Paid Content Linked to Saudi Arabia
UK-France Coastal Patrol Agreement Nears Breakdown Amid Migration Pressures
UK Police Detain Pro-Palestine Activist Again Weeks After Bail Release
FTSE 100 Advances as Energy and Mining Shares Gain Amid Middle East Tensions
Eli Lilly Seeks UK Pricing Deal to Unlock Renewed Pharmaceutical Investment
Three Arrested in UK After Massive Cocaine Haul Discovered Hidden in Banana Shipment
UK Fuel Prices Poised for Further Surge Amid Global Energy Pressures
Apple Subsidiary Penalized by UK Authorities for Breach of Moscow Sanctions
Western Allies Intensify Coordinated Sanctions Strategy Against Russia
UK Lawmakers Face Criticism Over Renewed Push for Social Media Restrictions
Starmer Signals UK Crackdown on Addictive Social Media Features
Rising Costs Push One in Five UK Hospitality Businesses to the Brink of Closure
Man Arrested on Suspicion of Attempted Murder After Car Strikes Pedestrians in UK, Injuring Seven
Escalating Conflict Involving Iran Tightens Fiscal Pressures and Highlights UK Economic Vulnerabilities
UK Moves to Confront Russian ‘Shadow Fleet’ Operating in Its Waters
UK Housing Divide Deepens as Older Owners Hold Wealth While Under-30s Face Mounting Barriers
London Demonstration Calls on UK to Recognize Iranian Opposition’s Provisional Government
UK Green Party Vote on ‘Zionism is Racism’ Motion Collapses Amid Internal Disputes and Technical Failures
SNL UK Ignites Debate with Sharp Royal Satire Targeting Prince Andrew and Prince William
EU Proposes ‘Emergency Brake’ to Resolve Deadlock in UK Youth Mobility Talks
Thousands Rally in London to Oppose Rise of Far-Right Movements
Hong Kong Official Rejects Allegations of Surveillance Orders Targeting UK-Based Dissidents
PayPal Expands Cryptocurrency Services to Allow UK Users to Buy and Sell Bitcoin
UK Minister Challenges Reform Party’s ‘Pro-Family’ Agenda as Debate Intensifies
Concerns Grow Over Meningitis Risk Among UK Students Amid Warning Signs of New Outbreaks
×