Technology giant Google has been at the center of attention in several privacy cases based on their popular “Street view” mapping capability that gives you a street level view of most paved roads in several countries. Here in the US, the company was brought into court in Boring v. Google where the plaintiffs (Aaron and Christine Boring) filed a four tort complaints against Google alleging invasions of privacy, trespassing, negligence, and conversion[i]. After years of litigation, Google was indeed found guilty of trespassing and through consent agreement, was ordered to pay the Borings $1[ii].
When I first heard this case, I instantly gravitated to the worst case scenario for Google, what if they have to pay $1 for every complaint? Or worse, $1 for every house captured on Streetview? So far, I have been in three conversations where someone brought that rationalization and suggested we all line up for our complimentary Google Buck. The objective of this post is to look slightly deeper than the 15 second sound bite and figure out if a windfall is in our future.

The Case and Dismissal:
The case was first filed in 2008 in the US District Court Western Division Pennsylvania in 2008. In summary, the case alleged the following five charges:
- Privacy claims:
- Intrusion of seclusion: The car driven by a Google contractor drove down a private drive and photographed elements that were not viewable from public lands.
- Publicity given to private life: Google brought unwanted publicity to the family
- Negligence claims: Google has the duty of care to put controls in place to prevent trespassing on private property
- Trespass: entering caused mental suffering and a devaluation of property values
- Unjust enrichment: Google took something from the plaintiff without consent and thus the defendant should be liable for doing so.
- Requested injunctive relief[iii]
The court categorically dismissed each accusation resulting in the court granting a motion to dismiss. Of specific interest is the Trespass charge. In the case, the District Court argues that the Borings did not sufficiently argue that they suffered damages due to the event other than “mental suffering” and the diminution of property value, of which, the court said that neither claim was substantiated. The ruling did not state as to IF Google trespassed, but just that there was no solid argument for harm done as a result. Also of interest, the court noted that the Plaintiff did not submit a complaint for Nominal Damages, only compensatory damages.
Motion for Reconsideration:
The Plaintiff opened a Motion for Reconsideration suggesting that the court made a mistake in dismissing their claim to of Trespassing. The court countered suggesting no mistake was made and it reiterated that the plaintiff never showed damage (even nominal) as a result of the action. The Opinion by the court continued to state that since the plaintiff failed to file for nominal damages (since compensatory damages were never shown), it had no duty to consider nominal damages and thus the court denied the plaintiffs Motion for Reconsideration. [iv]
On to Appeals:
Unhappy with this verdict, the plaintiff moved up to the Appellate court. Here, the Appeals Court upheld the lower court rulings for all counts, save the Trespassing charge. The court ruled that the Pennsylvania law did not require nominal or compensatory damages to pled for the Trespassing charge to upheld. While it did not articulate a specific remedy, in its opinion it did signal the potential value of the nominal damages:
“..it may well be that, when it comes to proving damages from the alleged trespass, the Borings are left to collect one dollar and whatever sense of vindication that may bring, but that is for another day.”[v]
The Appellate court upheld all the findings but the trespassing charge for which it instructed the district court to reconsider the claim.[vi]
Lower court reconsiders:
Back in the US District Court Western District of Pennsylvania, the court led to a consent judgment between Google and the Borings. As foreshadowed by the Appellate court, the agreed damages were set at $1 payable to the Boring couple.[vii]
So, my house is on Streetview, where is my Dollar?
Even if the original filing had been successful, it would be hard to suggest that many people other than the Borings would be entitled to compensation. At the very heart of the issue, was a fact that most news outlets seem to ignore. The case found that the Google Car drove up the Borings private drive, on their private property, up to 1000 feet and ignored the “private drive” signs that were posted on the road.
So, to answer the question “Does Google owe me a Dollar”? If I had a 1000 foot private drive, and if I post up a “private drive” signs if my drive way and if my house still showed up on Streetview then yes, I just might be able to get that Google Buck after three years of litigation.
[iii] Boring v. Google, supra note 1
[iv] Boring v. Google, Pennsylvania., 589 F.Supp.2d 695, Dist. Court, WD Pennsylvania (April 2009) Motion for Reconsideration
[v] Boring v. GOOGLE INC., Submitted Under Third Circuit LAR 34.1(a) Court of Appeals, 3rd Circuit (2010)
[vii] Joe Mandak, Supra note 2
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