An ironic spat this week in the world of big tech. Google attacked Microsoft for “its long history of tricks to confuse users and limit choice,” less than than three weeks after it was accused of “reducing people’s choice and control over how their information is collected,” in response to its new plan to digitally fingerprint users’ devices, not just Android and Chrome — the usual targets of such criticism. That tracking is now just six weeks away.
Two unrelated stories barely a fortnight apart—and yet not really unrelated at all. The common theme is users as pawns, subject to the whims of the staggeringly expansive ecosystems they rely on each and every day.
Google slammed Microsoft after the Windows maker was caught “spoofing” the Google homepage when users searched for Google on Bing.com. Windows Latest was first to spot the spoof and described it as a “a genius move to keep you from Google search.” Bing has featured before in the Microsoft versus Google stakes playing out across Windows PCs, but it has mostly been Chrome versus Edge. Search is the prize, as should have been pretty clear when Apple went to court to help Google defend its default search spot on a billion iPhones. It’s not too many months ago that the iMaker released a video inspired by Hitchcock’s The Birds that essentially warned those iPhone users to steer clear of Chrome.
This was “a clear attempt from Microsoft to make Bing look like Google for this specific search query,” reported The Verge. “The Google result includes a search bar, an image that looks a lot like a Google Doodle, and even some small text under the search bar just like Google does. Microsoft even automatically scrolls down the page slightly to mask its own Bing search bar that appears at the top of search results.”
Chrome and Google Search are not one and the same, albeit both carry privacy risks. And that’s why those iPhone users are better using Google Search within Safari than Chrome, albeit that becomes much less the case if you’re logged into a Google account as you do so. But Chrome doesn’t play a leading role in the latest Google tracking warning that hit the headlines just before the holidays. Notwithstanding that Chrome has hogged the bulk of Google’s tracking headlines in recent years, with cookies and incognito mode and its privacy sandbox playing recurring roles.
The latest issue started when Google pushed out an update to its advertising ecosystem. The changes, it said, have been prompted by “the broader range of surfaces on which ads are served (such as connected TVs and gaming consoles),” and mean they will be “less prescriptive with partners in how they target and measure ads.”
Fingerprinting is not just a browser issue anymore.
“This is digital fingerprinting across connected devices,” the UK’s information regulator was quick to point out. “Fingerprinting involves the collection of pieces of information about a device’s software or hardware, which, when combined, can uniquely identify a particular device and user… The ICO’s view is that fingerprinting is not a fair means of tracking users online because it is likely to reduce people’s choice and control over how their information is collected. The change to Google’s policy means that fingerprinting could now replace the functions of third-party cookies.”
And given the nature of these other devices and that users won’t realize what’s taking place, there are serious implications. Identity Week warns that “organizations using Google’s advertising tech can implement fingerprinting without violating Google’s policies and complying with the requirements of data protection law… Fingerprinting is so hindering to privacy expectations because it relies on signals that are not easy to wipe. Even if data is ‘permanently’ deleted, fingerprinting biometrics could detect and recognize your identity.”
And now the latest twist, as reported by Reuters, is that “Google has failed to persuade a federal judge to dismiss a privacy class action claiming it collected personal data from people’s cellphones after they switched off a button to stop the tracking.” This may now lead to a trial in the summer. It follows Google’s destruction of billions of data records last year, in the wake of a similar lawsuit relating to data collection while browsing in Chrome’s incognito mode.
Interesting timing nonetheless, two warnings and a legal ruling coming just two weeks apart. The risks, of course, fall to all those millions and millions of users — whether on Chrome or Edge or Android or Windows or all of the above. I approached Google and Microsoft for any comments on the various angles to all this — nothing yet.
Digital fingerprinting begins Feb. 16; in the meantime, just keep all this in mind.