FTC Settlement With Google Establishes New Norm For Privacy Enforcement

Article by Stephen G. Charkoudian , William J. Schnoor, Jr. and Jacqueline Klosek

Continuing a recent flurry of activity in the privacy realm, the Federal Trade Commission ("FTC") on March 20 announced a proposed settlement with Google that arose out of the FTC's claims that Google used "deceptive tactics and violated its own privacy promises to consumers" during the company's launch of its social networking service known as Buzz.

According to the FTC's allegations, Google led Gmail users to believe that they had a choice about whether they wanted to enroll in the Buzz networking feature when, in practice, some users did not. The FTC claimed that, for users who joined Buzz, controls for limiting the sharing of their personal information were confusing and difficult to find. When Buzz launched, Gmail users got two options: "Sweet! Check out Buzz" or "Nah, go to my inbox." According to the FTC, some Gmail users who opted for the "Nah" option were nevertheless