Contrary to popular belief, Chrome’s Incognito mode isn’t as incognito as you may think. Websites you visit may still be able to tell it’s you based on parameters like your IP address and other invisible but identifiable fingerprints. Google itself may also collect data on you via Google Analytics or other ad-related networks. That’s why a lawsuit was filed against the company in 2020, which is now ending in a settlement.
The 2020 lawsuit alleged that Google was violating wiretap laws and sought a total payment of $5 billion to all affected users in the US since 2016. It was filed by three US citizens based in Florida and California. In the suit, the plaintiffs alleged that Google was still collecting personal data and associating it with their user profiles despite them using Incognito mode. The lawsuit also extends to other browsers’ private modes, which Google can allegedly similarly bypass with its analytics.
Following an announcement from Google’s and the plaintiffs’ lawyers, a trial scheduled for February 2024 was put on hold, asreported by Ars Technica. Instead, the two parties are supposed to present the terms they agreed on by the end of February. Right now, it’s not clear what they agreed on, but there is a possibility that Google won’t have to make too many changes to the way Incognito and its tracking tools work. After all, it’s likely that the company chose the lesser evil for its business by opting for a settlement rather than going through court.
In August 2023,Google tried to dismiss the case, arguing that users consented to the company tracking them online. Judge Yvonne Gonzalez Rogers rejected the bid, saying that there was no evidence that Google explicitly tells users it does, further pointing to the company’s privacy policy. Back then,a Google representative told Reuters, “Incognito mode in Chrome gives you the choice to browse the internet without your activity being saved to your browser or device. As we clearly state each time you open a new incognito tab, websites might be able to collect information about your browsing activity during your session.”
Given that the lawsuit also applies to other browsers, it could’ve possibly had wide-reaching implications for tracking from any business. After all, you expect to have a private browsing session when you turn on modes that claim to be specifically designed for just that. With a settlement being reached, it’s likely that the repercussions for Google and other advertising networks will be smaller than they could have been.
