[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"blog-slug_blog_3_1":3,"blog-slug_blog_google-settles-in-5-b-incognito-mode-lawsuit_1000_1":40},{"article":4,"articles":15,"meta":33,"languages":39},{"id":5,"title":6,"excerpt":7,"locale":8,"slug":9,"authorSlug":10,"automaticTranslated":11,"publishedAt":12,"updatedAt":13,"doFollowLinks":11,"showIndex":11,"showCallToActions":11,"articleType":14},3060,"The EU wants to kill cookie banners","The EU wants to end annoying cookie pop-ups by letting users set their consent once in their browser. If passed, websites will have to respect those choices.","en","the-eu-wants-to-kill-cookie-banners-by-moving-consent-to-your-browser","iron-brands",false,"2025-11-20T05:40:14.356Z","2025-11-20T06:13:15.812Z","blog",[4,16,26],{"id":17,"title":18,"excerpt":19,"locale":8,"slug":20,"authorSlug":10,"automaticTranslated":11,"publishedAt":21,"updatedAt":22,"ctaTitle":23,"ctaDescription":24,"doFollowLinks":11,"showIndex":25,"showCallToActions":11,"articleType":14},3019,"Google is tracking you (even when you use DuckDuckGo)","Google tracks users even on DuckDuckGo via Analytics and embeds. A new study shows how deep Google’s web tracking really goes.","google-is-tracking-you-even-when-you-use-duck-duck-go","2025-07-14T08:56:41.709Z","2025-07-14T11:26:01.386Z","If you care about privacy, you don't use Google Analytics","Ditch the tracking, keep the insights. Try Simple Analytics.",true,{"id":27,"title":28,"excerpt":29,"locale":8,"slug":30,"authorSlug":10,"automaticTranslated":11,"publishedAt":31,"updatedAt":32,"doFollowLinks":11,"showIndex":11,"showCallToActions":11,"articleType":14},3018," German court rules Meta’s tracking tech violates GDPR","German court rules Meta’s tracking tech violates GDPR, allowing lawsuits without proof of harm. Big risks ahead for sites using Meta pixels.","german-court-rules-meta-s-tracking-tech-violates-gdpr","2025-07-10T08:20:51.111Z","2025-07-10T12:16:26.327Z",{"pagination":34},{"page":35,"pageSize":36,"pageCount":37,"total":38},1,3,362,1084,{},{"article":41},{"contentHtml":42,"content":43,"inlineMedia":44,"id":105,"title":106,"excerpt":107,"locale":8,"slug":108,"authorSlug":10,"automaticTranslated":11,"publishedAt":109,"updatedAt":110,"doFollowLinks":11,"showIndex":25,"showCallToActions":11,"articleType":14,"languages":111},"\u003CContentEditable  parent=\"\" tag=\"p\" :articleId=\"2216\">In 2020, a class action was filed against Google for $5 billion, claiming that Google Chrome was \u003Cstrong>collecting data from its users without consent during incognito browsing\u003C/strong>. On December 28, Google settled the lawsuit for an \u003Cstrong>undisclosed amount\u003C/strong>.\u003C/ContentEditable>\n\u003CContentEditable  parent=\"\" tag=\"p\" :articleId=\"2216\">While not much is known about the proceedings, available documents suggest that the California court found that Google presented Chrome’s incognito mode in a confusing and potentially deceptive way. These documents are interesting and worth glancing through!\u003C/ContentEditable>\n\u003Col class=\"counters\">\u003Cli>\u003CNuxtLink to=\"#exploiting-ambiguity\">Exploiting ambiguity\u003C/NuxtLink>\u003C/li>\u003Cli>\u003CNuxtLink to=\"#placebo-buttons\">Placebo buttons\u003C/NuxtLink>\u003C/li>\u003Cli>\u003CNuxtLink to=\"#update\">Update\u003C/NuxtLink>\u003C/li>\u003Cli>\u003CNuxtLink to=\"#final-thoughts\">Final Thoughts\u003C/NuxtLink>\u003C/li>\u003C/ol>\u003CContentEditable  id=\"exploiting-ambiguity\" parent=\"\" tag=\"h2\" :articleId=\"2216\">Exploiting ambiguity\u003C/ContentEditable>\n\u003CContentEditable  parent=\"\" tag=\"p\" :articleId=\"2216\">The most comprehensive source of information on the case is the District Court of Northern California’s \u003Ca referrerpolicy=\"strict-origin-when-cross-origin\" href=\"https://storage.courtlistener.com/recap/gov.uscourts.cand.360374/gov.uscourts.cand.360374.969.0.pdf?utm_source=simpleanalytics.com\" target=\"_blank\" rel=\"noopener nofollow\">decision\u003C/a> to deny Google’s motion for a summary judgment. There’s a lot of legalese about harm and breach of contract, but the really interesting part is the Court’s assessment of the claim that Google did not supply clear enough information on how Incognito Mode works.\u003C/ContentEditable>\n\u003CContentEditable  parent=\"\" tag=\"p\" :articleId=\"2216\">It is worth highlighting that the Court did not ultimately adjudicate the claims; it only ruled that they did not appear without merit. Still, the reasoning is worth analyzing.\u003C/ContentEditable>\n\u003CContentEditable  parent=\"\" tag=\"p\" :articleId=\"2216\">Google claimed that the disclosures of personal data were clear from the Incognito mode splash screen:\u003C/ContentEditable>\n\u003Cp>\u003Cimg src=\"https://cms-assets.simpleanalytics.com/image1_07d3be94d9.png\" alt=\"image1.png\">\u003C/p>\n\u003CContentEditable  parent=\"\" tag=\"p\" :articleId=\"2216\">While the information provided by Google is accurate, the presentation of Incognito mode- along with a “spy guy” icon- can deceive the end user as to what Incognito mode actually does, as noted by the Court.\u003C/ContentEditable>\n\u003CContentEditable  parent=\"\" tag=\"p\" :articleId=\"2216\">Google’s privacy policy also mentions Incognito browsing as a way to “manage your privacy” in Incognito mode, further adding to the confusion. Last but not least, the splash screen conveniently omits that online activity is visible \u003Cstrong>to Google itself\u003C/strong> and only mentions websites, ISPs, and network owners.\u003C/ContentEditable>\n\u003CContentEditable  parent=\"\" tag=\"p\" :articleId=\"2216\">According to the Court, \u003Cstrong>Google knew that consumers misunderstood what Incognito mode does\u003C/strong>. In other words, the company was aware of the ambiguity and took advantage of it.\u003C/ContentEditable>\n\u003CContentEditable  parent=\"\" tag=\"p\" :articleId=\"2216\">Google’s strategy of ambiguous communication is evident from the splash screen itself. While not incorrect, the information is unnecessarily dubitative and impersonal in tone. “Your activity might be visible to websites” is a correct but heavily sugar-coated statement. “Google tracks you while you browse in Incognito mode” would get the point across much better.\u003C/ContentEditable>\n\u003CContentEditable  parent=\"\" tag=\"p\" :articleId=\"2216\">This strategy of ambiguous communication fits a general trend of taking “technically true” statements and sugar-coating them to the point where they become misleading.\u003C/ContentEditable>\n\u003CContentEditable  parent=\"\" tag=\"p\" :articleId=\"2216\">Google’s mantra that it does not sell personal information is another of Google’s sugar-coated half truths.\u003C/ContentEditable>\n\u003CContentEditable  parent=\"\" tag=\"p\" :articleId=\"2216\">This is technically correct: you cannot pay Google to disclose personal information. But the company discloses plenty of personal information to third parties and plays a crucial role in the RTB system, a.k.a. \u003Cstrong>history’s largest and still ongoing data breach\u003C/strong>. It also profits from this disclosure system.\u003C/ContentEditable>\n\u003CContentEditable  parent=\"\" tag=\"p\" :articleId=\"2216\">From a practical viewpoint, it is entirely irrelevant that these disclosures are not a sale in a strict legal sense. Privacy-wise, \u003Cstrong>we would all be better off if Google sold personal information\u003C/strong> rather than disclosing it to hundreds of unaccountable third parties with every single ad exchange.\u003C/ContentEditable>\n\u003CContentEditable  id=\"placebo-buttons\" parent=\"\" tag=\"h2\" :articleId=\"2216\">Placebo buttons\u003C/ContentEditable>\n\u003CContentEditable  parent=\"\" tag=\"p\" :articleId=\"2216\">Most of the close door buttons in elevators do nothing. They are a placebo that gives you a reassuring sense of control over the door.\u003C/ContentEditable>\n\u003CContentEditable  parent=\"\" tag=\"p\" :articleId=\"2216\">Chrome’s Incognito mode is one of the many \u003Cstrong>placebo buttons\u003C/strong> of digital privacy, and there are many more. Some of them outright lie to users while others- like Incognito mode- take advantage of ambiguous communication. Either way, these placebo buttons trick users into \u003Cstrong>a false sense of security\u003C/strong>.\u003C/ContentEditable>\n\u003CContentEditable  parent=\"\" tag=\"p\" :articleId=\"2216\">Google’s \u003Cstrong>location settings\u003C/strong> are another placebo button. The company has a history of deceiving users on how location data are processed, leading to \u003Ca referrerpolicy=\"strict-origin-when-cross-origin\" href=\"https://www.npr.org/2022/11/14/1136521305/google-settlement-location-tracking-data-privacy?utm_source=simpleanalytics.com\" target=\"_blank\" rel=\"noopener nofollow\">countless lawsuits\u003C/a>. Hardly a day goes by without Google reaching an eight or nine figures settlement over location tracking in some US Court. This deception is based on complicated, confusingly worded privacy controls that give the user a sense of security but change little or nothing in the way Google processes location data.\u003C/ContentEditable>\n\u003CContentEditable  parent=\"\" tag=\"p\" :articleId=\"2216\">Meta’s \u003Cstrong>ad-free subscriptions\u003C/strong> are a placebo button as well- and one you pay for!\u003C/ContentEditable>\n\u003CContentEditable  parent=\"\" tag=\"p\" :articleId=\"2216\">Regardless of its claims, Meta still profiles paid users to better target them with content- and gets paid for it by content creators who are trying to build or expand their audience. This is not technically targeted advertising because Meta serves content, not ads. But it is similar enough and equally invasive.\u003C/ContentEditable>\n\u003CContentEditable  id=\"update\" parent=\"\" tag=\"h2\" :articleId=\"2216\">Update\u003C/ContentEditable>\n\u003CContentEditable  parent=\"\" tag=\"p\" :articleId=\"2216\">We have some good news: according to the \u003Ca referrerpolicy=\"strict-origin-when-cross-origin\" href=\"https://edition.cnn.com/2024/04/01/tech/google-to-delete-data-records-to-settle-incognito-lawsuit/index.html?utm_source=simpleanalytics.com\" target=\"_blank\" rel=\"noopener nofollow\">CNN\u003C/a>, Google also agreed to \u003Cstrong>delete billions of data records\u003C/strong> as part of the settlement. As of April 2024, the amount of the settlement is still unkown,\u003C/ContentEditable>\n\u003CContentEditable  id=\"final-thoughts\" parent=\"\" tag=\"h2\" :articleId=\"2216\">Final Thoughts\u003C/ContentEditable>\n\u003CContentEditable  parent=\"\" tag=\"p\" :articleId=\"2216\">It is not just Big Tech, either. Many websites worldwide write cookies regardless of user choice but still display a cookie banner to give an illusion of choice.\u003C/ContentEditable>\n\u003CContentEditable  parent=\"\" tag=\"p\" :articleId=\"2216\">It is about time we wise up to the trick and demand \u003Cstrong>privacy buttons that actually work\u003C/strong>. \u003C/ContentEditable>\n\u003CContentEditable  parent=\"\" tag=\"p\" :articleId=\"2216\">Stuff like this is the reason we started building real privacy-friendly products such as \u003CNuxtLink to=\"https://simpleanalytics.com/\"  referrerpolicy=\"unsafe-url\" rel=\"\">Simple Analtyics\u003C/NuxtLink>. We believe in an independent internet where visitors are treated fairly. If this resonates with you, then feel free to check out what we are building \u003CNuxtLink to=\"https://simpleanalytics.com/simpleanalytics.com\"  referrerpolicy=\"unsafe-url\" rel=\"\">here\u003C/NuxtLink>.\u003C/ContentEditable>\n","In 2020, a class action was filed against Google for $5 billion, claiming that Google Chrome was **collecting data from its users without consent during incognito browsing**. On December 28, Google settled the lawsuit for an **undisclosed amount**.\n\nWhile not much is known about the proceedings, available documents suggest that the California court found that Google presented Chrome’s incognito mode in a confusing and potentially deceptive way. These documents are interesting and worth glancing through!\n\n## Exploiting ambiguity\n\nThe most comprehensive source of information on the case is the District Court of Northern California’s [decision](https://storage.courtlistener.com/recap/gov.uscourts.cand.360374/gov.uscourts.cand.360374.969.0.pdf) to deny Google’s motion for a summary judgment. There’s a lot of legalese about harm and breach of contract, but the really interesting part is the Court’s assessment of the claim that Google did not supply clear enough information on how Incognito Mode works.\n\nIt is worth highlighting that the Court did not ultimately adjudicate the claims; it only ruled that they did not appear without merit. Still, the reasoning is worth analyzing.\n\nGoogle claimed that the disclosures of personal data were clear from the Incognito mode splash screen:\n\n![image1.png](https://cms-assets.simpleanalytics.com/image1_07d3be94d9.png)\n\nWhile the information provided by Google is accurate, the presentation of Incognito mode- along with a “spy guy” icon- can deceive the end user as to what Incognito mode actually does, as noted by the Court.\n\nGoogle’s privacy policy also mentions Incognito browsing as a way to “manage your privacy” in Incognito mode, further adding to the confusion. Last but not least, the splash screen conveniently omits that online activity is visible **to Google itself** and only mentions websites, ISPs, and network owners.\n\nAccording to the Court, **Google knew that consumers misunderstood what Incognito mode does**. In other words, the company was aware of the ambiguity and took advantage of it.\n\nGoogle’s strategy of ambiguous communication is evident from the splash screen itself. While not incorrect, the information is unnecessarily dubitative and impersonal in tone. “Your activity might be visible to websites” is a correct but heavily sugar-coated statement. “Google tracks you while you browse in Incognito mode” would get the point across much better.\n\nThis strategy of ambiguous communication fits a general trend of taking “technically true” statements and sugar-coating them to the point where they become misleading.\n\nGoogle’s mantra that it does not sell personal information is another of Google’s sugar-coated half truths.\n\nThis is technically correct: you cannot pay Google to disclose personal information. But the company discloses plenty of personal information to third parties and plays a crucial role in the RTB system, a.k.a. **history’s largest and still ongoing data breach**. It also profits from this disclosure system.\n\nFrom a practical viewpoint, it is entirely irrelevant that these disclosures are not a sale in a strict legal sense. Privacy-wise, **we would all be better off if Google sold personal information** rather than disclosing it to hundreds of unaccountable third parties with every single ad exchange.\n\n## Placebo buttons\n\nMost of the close door buttons in elevators do nothing. They are a placebo that gives you a reassuring sense of control over the door.\n\nChrome’s Incognito mode is one of the many **placebo buttons** of digital privacy, and there are many more. Some of them outright lie to users while others- like Incognito mode- take advantage of ambiguous communication. Either way, these placebo buttons trick users into **a false sense of security**.\n\nGoogle’s **location settings** are another placebo button. The company has a history of deceiving users on how location data are processed, leading to [countless lawsuits](https://www.npr.org/2022/11/14/1136521305/google-settlement-location-tracking-data-privacy). Hardly a day goes by without Google reaching an eight or nine figures settlement over location tracking in some US Court. This deception is based on complicated, confusingly worded privacy controls that give the user a sense of security but change little or nothing in the way Google processes location data.\n\nMeta’s **ad-free subscriptions** are a placebo button as well- and one you pay for!\n\nRegardless of its claims, Meta still profiles paid users to better target them with content- and gets paid for it by content creators who are trying to build or expand their audience. This is not technically targeted advertising because Meta serves content, not ads. But it is similar enough and equally invasive.\n\n## Update\nWe have some good news: according to the [CNN](https://edition.cnn.com/2024/04/01/tech/google-to-delete-data-records-to-settle-incognito-lawsuit/index.html?utm_source=simpleanalytics.com), Google also agreed to **delete billions of data records** as part of the settlement. As of April 2024, the amount of the settlement is still unkown,\n\n## Final Thoughts\n\nIt is not just Big Tech, either. Many websites worldwide write cookies regardless of user choice but still display a cookie banner to give an illusion of choice.\n\nIt is about time we wise up to the trick and demand **privacy buttons that actually work**. \n\nStuff like this is the reason we started building real privacy-friendly products such as [Simple Analtyics](https://simpleanalytics.com/). We believe in an independent internet where visitors are treated fairly. If this resonates with you, then feel free to check out what we are building [here](https://simpleanalytics.com/simpleanalytics.com).\n",{"data":45},[46],{"id":47,"attributes":48},785,{"name":49,"alternativeText":50,"caption":50,"width":51,"height":52,"url":53,"formats":54,"mime":59,"provider_metadata":102},"image1.png",null,877,642,"https://cms-assets.simpleanalytics.com/image1_07d3be94d9.png",{"small":55,"medium":72,"xsmall":82,"thumbnail":92},{"ext":56,"url":57,"hash":58,"mime":59,"name":60,"path":50,"size":61,"width":62,"height":63,"provider_metadata":64},".png","https://cms-assets.simpleanalytics.com/small_image1_07d3be94d9.png","small_image1_07d3be94d9","image/png","small_image1.png",75.12,500,366,{"meta":65},{"page":66,"blurHash":67,"isOpaque":25,"averageColorHex":68,"dominantColorHex":69,"averageColorBrightness":70,"dominantColorBrightness":71},0,"L58Ntjxu4Tof_Na|4nWAt7ayIUWA","424243","383838",67,56,{"ext":56,"url":73,"hash":74,"mime":59,"name":75,"path":50,"size":76,"width":77,"height":78,"provider_metadata":79},"https://cms-assets.simpleanalytics.com/medium_image1_07d3be94d9.png","medium_image1_07d3be94d9","medium_image1.png",131.89,750,549,{"meta":80},{"page":66,"blurHash":81,"isOpaque":25,"averageColorHex":68,"dominantColorHex":69,"averageColorBrightness":70,"dominantColorBrightness":71},"L58XFBxu4Tof_Naz4nR%t7ayIUWA",{"ext":56,"url":83,"hash":84,"mime":59,"name":85,"path":50,"size":86,"width":87,"height":88,"provider_metadata":89},"https://cms-assets.simpleanalytics.com/xsmall_image1_07d3be94d9.png","xsmall_image1_07d3be94d9","xsmall_image1.png",3.28,64,47,{"meta":90},{"page":66,"blurHash":91,"isOpaque":25,"averageColorHex":68,"dominantColorHex":69,"averageColorBrightness":70,"dominantColorBrightness":71},"L48Nqcxu00of~qa}4mRjofWBIUV@",{"ext":56,"url":93,"hash":94,"mime":59,"name":95,"path":50,"size":96,"width":97,"height":98,"provider_metadata":99},"https://cms-assets.simpleanalytics.com/thumbnail_image1_07d3be94d9.png","thumbnail_image1_07d3be94d9","thumbnail_image1.png",20.5,213,156,{"meta":100},{"page":66,"blurHash":101,"isOpaque":25,"averageColorHex":68,"dominantColorHex":69,"averageColorBrightness":70,"dominantColorBrightness":71},"L58XFBxu4Tof_Naz4nWAt7ayIUWA",{"meta":103},{"page":66,"blurHash":104,"isOpaque":25,"averageColorHex":68,"dominantColorHex":69,"averageColorBrightness":70,"dominantColorBrightness":71},"L48Ntjxu00of~qaz4TRjt7aeD%Rj",2216,"Google Settles in $5B Incognito Mode Lawsuit","The case settled on December 28 for an undisclosed sum, amid findings of potential confusion and deception in Chrome's privacy representations.","google-settles-in-5-b-incognito-mode-lawsuit","2024-01-07T14:59:55.350Z","2024-04-16T10:11:17.216Z",{"en":112,"de":113,"fr":115,"it":117,"es":119,"nl":121},{"slug":108},{"slug":114},"google-schliesst-vergleich-in-inkognito-modus-klage-ueber-5-milliarden-dollar",{"slug":116},"google-regle-a-l-amiable-un-litige-portant-sur-le-mode-incognito-pour-un-montant-de-5-milliards-de-dollars",{"slug":118},"google-patteggia-in-una-causa-per-la-modalita-incognito-da-5-miliardi-di-dollari",{"slug":120},"google-llega-a-un-acuerdo-en-una-demanda-de-5-000-millones-de-dolares-por-el-modo-incognito",{"slug":122},"google-schikt-in-incognito-modus-rechtszaak-van-5-b"]