UPDATED | 7/4, 10:07 AM
The word “privacy” now appears on Google’s home page, with a link to the company’s privacy policy.
With that one word, the Web search giant heads off the growing controversy over whether its previous practice ran afoul of a California law, the California Online Privacy Protection Act of 2003, which requires the operator of a commercial Web site that collects personal information to link to its privacy policy from its home page.
When I wrote in May that Google appears to be violating the law, Google told me that it did not believe that it was required to put a link on its home page. The company said that its privacy policy was easy enough to find, either on the page called “About Google” or by searching for “Google privacy policy” on its search engine.
Later, I spoke to Joanne McNabb, the chief of California’s Office of Privacy Protection, who said that her agency believes that Google should have a link to its privacy policy on its home page. After the issue buzzed about the blogosphere, four privacy groups wrote Google urging it to change its practices.
Google announced its change of heart on both its main corporate blog and on its public policy blog. (It may be a coincidence, but the changes were made late on July 3, the day before a three-day weekend. Was that perhaps to avoid much notice?)
Both posts said, “We added this link both to our homepage and to our results page to make it easier for users to find information about our privacy principles.” Neither post mentioned the California law.
In the main blog post, Marissa Mayer, the Google vice president who looks after the user interface of its search engine, reiterated that the company believes in keeping its main page short. She said that Google’s two founders told her the word privacy could only be added to the home page if another word was deleted, leaving the page at 28 words. So the copyright notice at the bottom of the page was changed from “© 2008 Google” to “© 2008 - Privacy.” Ms. Mayer wrote that it is implied that Google is the one copyrighting the page.
I’ve dropped an e-mail message to Google to ask a few questions about all this, but it may not be until next week that we can get answers.
UPDATE
Steve Langdon, a Google spokesman, sent this in response to my question about why Google did this now:
Some users, bloggers and regulatory bodies have asked us why we didn’t have a link, and, after evaluating, we decided that it was the right time to add one. While users have always been able to easily search for and find our policy before, or click through to it, this provides an easier path to learning about our privacy approach. We’ve also added the same link on the results page, as many users arrive on them directly.
Mr. Langdon said he didn’t know what sort of contact Google had with California officials or whether there was any discussion of legal action by the state. He said he would check and get back to me. His statement above does say that the company was approached by “regulatory bodies.”
From 1 to 25 of 56 Comments
Big deal. You got Google to lose some wabi-sabi on its home page for at best quixotic benefit.
Why not spend that time organizing a lobbying or information and education group for the benefit of members of congress who need the advice better than us Google users.
— Mr EGoogle is a tyranny. They censored our history videos and banned them from video.Google. I highly recommend Scroogle for those who seek online privacy.
— Michael A. HoffmanIt is a shame California is now trying to regulate interstate and international commerce. This is in clear violation of the Commerce Clause. Why do they think they can regulate the world? Where is my representation in this issue? I live and vote in New York.
— Peter StavropoulosThat the state of California would even have such a law is idiocy.
As a consumer, should I care about the privacy policy on a company I chose to deal with, it is my responsibility to search out, read, and understand that policy. If a company makes it difficult for me to do so, I can opt not to deal with that company.
A government should have no business dictating that a company should even have a privacy policy let alone how to display it.
— Steve CrispI read some of the privacy policies published by Google and its clients. There are very good reasons they didn’t want the privacy link on the home page. Software that blocks adware, malware, viruses and spam works pretty well. There is about as much privacy on the web as there was on old time party line phones.
— DUMASPerhaps some of the context of the California law is being lost here, based on some of the comments.
Prior to the enactment of this law, websites were not legally obligated to have a privacy policy at all. Having a privacy policy had become best practice at major companies, but there was no legal requirement to have one, and in fact, some lawyers argued that it made sense not to have one.
So, the law was not pointless. It requires all companies doing business with Californians to have a privacy policy and to follow whatever it says.
— Chris HoofnagleI read the privacy policy. There are enough loopholes to ensure Google still gets to choose its response based on “disproportionate technical effort” What I cannot fathom is why the Google, home of the brilliant minds insists on storing IP addresses. Simply replace IP addresses with a masking alogrithm such that you can do unique row level analysis from various sources , merging on unique ids, but are unable to trace back the user. Only in the case of Click Stream fraud for adsense will you require the actual real IP address (for a small minority). Delete the real IP addresses after 2 months , and get rid of the privacy policies for ever.
— AjayThere are thus ways to store data that are not privacy law evil (pun intended)
http://www.decisionstats.com
If you are concerned about privacy, you have to know to look for the policy. And no policy is going to protect you against a court order. This is pretty weak story. Why not cover the one on Google being forced to turn over the list of which YouTube videos you watch?
By the way, where is the NYT Blog link to privacy policy?
— MickThis is as boring and meaningless for news as a report about a senior neighbor using the bathroom. Blah blah blah… so what? You write it like a crime investigation, pompous and pretentious. Who the heck cares about a one word change??
— gormarCongrats Saul. Perhaps you should join Google as head of privacy and legal matters. You are obviously on the ball. I mean foosball.
:)
— JoAbout time!
— AbouttimeI agree! California cannot regulate international commerce!
— RickGlad you are keeping an eye on them, if somebody doesn’t the creeps will sneak into your bedroom.
— dutchboycall me crazy but I could not find any privacy links on these websites. http://www.visitcalifornia.com/ and http://www.cde.ca.gov/ Guess California doesn’t have to follow their own rules.
— DanReplying to Peter Stavropoulos:
California gets to regulate Google’s business because Google is located in Mountain View, CALIFORNIA.
I agree that the California law is asinine. Generally, government should stay out of the page layout business. As long as the required information is reasonably accessible, the state should stay out of it. Google’s privacy policy was easy to find. How hard is it to click on “About Google?” Never the less, the California Legislature gets to make the laws governing California. Unfortunately.
— RL PetersonThis is such a smokescreen, its incredible! The story should be title: “Google Throws A Lousy Chicken Bone To The Public To Gnaw On For A While And Tech Writers Grab It Likes Its Peaches And Cream”!! Come on!! The issue if you remember just 24 hours ago, was not really about the home page. Rather it was, about how storing IP info, etc. jeopardizes people’s privacy! Remember! THIS is the only story that matters here. That they have made this or that legalistic back pages of ambigous writing ‘available’ for us to look at is all very nice and whatnot, but has NOTHING to do with the actual ISSUE at hand! Talk about wagging the dog. Wow. OR should I say Bow Wow
— AIf you are concerned about privacy, you have to know to look for the policy.
— SeyBayThe answer from Google shows the positive side of Internet. The claims of the people produce effects in the “blogosphere” because is an “universe” where the buzzes run.
Domingo
— Domingo A. Trassenshttp://www.comlab-corp.com
how does it show the positive side of the internet? it doesn’t change a thing in regards to what this about! are people nuts. Look, if the government was storing information about every place in your neighborhood you went to on a day to day basis for who knows how long, you wouldn’t have a problem with this? because you should! no one unless there is legal reason to have suspicion of your behaviour should be tracking your activity, on the net, in your home, etc. This is basic common sense! what is going on with people today! geeze. you don’t have to be tracked. and furthermore you deserve better! holy smoke! google should not be keeping records of IP addresses plain and simple. Just because they tell you they are doing that don’t make it right. they are jeaopardizing your privacy. its just that simple
— Fred DIf Americans are so concerned about “privacy”, start with your own government, the Bush administration has now Big Brother powers and people are concern about your IP … what about your phones? your credit card info? your SSN? what is the government doing with all this?
— Roger… and how many other California based companies do NOT have the “privacy” link in their home page, including web sites owned by the state and local governments …
Americans wake up!! get to the real issues!
Wow! It’s shocking to see how much fear you have around the issue of privacy. Get out and live, wake up a little…don’t let fear paralyze you…life is too short. If you paid closer atention you would see that google is doing amazing work that will enable us to do so much more with the internet.
— googleloverMy homepage is set to google.com.
— N.M.I’ve refreshed the page several times, and it still says “©2008 Google” without a “privacy” link as promised (and as required to do so by law).
Well done Saul Hansell I am amazed that you couldn’t find anything better to do.
Google has done more for finding any information on the internet than any regulatory body or Californian law.
Any body who uses Google would have had no trouble finding there privacy policy before this pseudo victory.
Google and any other Internet based company will track IPs. If you don’t like it don’t use the Internet.
I really wish you personally (Saul Hansell) wouldn’t use the Internet.
— TroyTransparency. Pass it on. America needs a good dose of it.
— v. steeleThank the Heavens and California for adding the Privacy Link to the Google Homepage. Until now, I was completely paralyzed with doubt and ignorance, not knowing that a company worth more than a small country might indeed have some kind of privacy policy - and if they did, I would have NO way of finding it.
Except by possibly searching Google.
Perhaps now the braintrust that is California can now cure cancer.
— thorn