On February 17, 2009, the Western District Court in Pennsylvania dismissed a couple’s complaint against Google Earth for (1) invasion of privacy; (2) trespass; (3) negligence; and (4) conversion. The couple, Mr. and Mrs. Boring, were appalled when they “discovered that ‘colored imagery’ of their residence, outbuildings, and swimming pool, taken ‘from a vehicle in their residence driveway . . . without . . . waiver or authorization,’ had been included on Street View.” (Boring v. Google, Inc., 2009 U.S. Dist. LEXIS 11682 at 3)
Google Earth’s Street View is a program, free to download online, that provides a 360 degree view of streets, regions, and even seas around the world. Its life-like views are extremely helpful to firefighters or other rescue teams. Google Earth is also a helpful educational tool and helpful to tourists. In addition, Google Earth has had other unexpected benefits; for example, Google Earth images were recently used to “to reveal that cattle and deer tend to align their bodies with our planet's magnetic poles when grazing.”
These benefits come at the cost of displaying individual’s personal homes, company’s development sites, and highly sensitive governmental buildings. Google filed for a dismissal of Mr. and Mrs. Boring’s "Street View" lawsuit claiming that “it has the right to drive upon a private road, turn around in a private driveway, and take pictures of private property.” One of Google’s defenses was the “Plain View Doctrine,” because Google’s photographers only took images from positions were the public is generally permitted. The Pennsylvania court sided with Google on the basis that the plaintiffs had failed to substantiate any of their claims.
This recent case is an indication that the courts are not going to interfere with Google Earth’s Street View on behalf of private citizens. It is uncertain whether the courts’ stance will change if challenged by the government on behalf of national security. Global spatial data programs, such as Google Earth, make it more difficult for nations to conceal their highly sensitive infrastructure.“Recent studies have shown that many terrorist groups use the Internet to coordinate activities, analyze data, determine targets and transmit encrypted messages.”
Governments around the world have responded to the Google Earth threat in various ways. “To minimize the impact of Google Earth, China, India, and Norway have explored ways to camouflage sensitive areas and structures from satellite cameras.” Some governments have asked “Google to have imagery removed or blurred[.] [This] has gotten easier since terrorists were confirmed to be using the software to plan attacks in 2006 and
2007.”
Google's privacy policy states that viewers have the opportunity “to report objectionable images” and request removal. This remedy requires diligent oversight. While individuals and Governments Tremble at Google's Bird's-Eye View, it currently seems dubious that the courts will be the place to calm their fears.
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