Google Chrome Incognito Mode Warning Updated After Long-Disputed Tracking Lawsuit

Google Chrome has been updated with an updated warning that is displayed when users open the built-in Incognito Mode, the private browsing feature that is designed to clear user data from the same session after the browser is closed. The new message displayed when Incognito Mode is opened informs users that websites can still collect user data, while other users on the device won’t be able to see their activity. The change comes after a long-disputed tracking lawsuit that claimed Incognito Mode was not as private as advertised.

MSPowerUser spotted a new warning on Google Chrome Canary 122.0.6251.0 that changes the message displayed when an Incognito Mode window is opened. The version of Google Chrome on the stable channel says “Now you can browse privately, and other people who use this device won’t see your activity. However, downloads, bookmarks and reading list items will be saved.”

The new message displayed by Google now says “Others who use this device won’t see your activity, so you can browse more privately. This won’t change how data is collected by websites you visit and the services they use, including Google. Downloads, bookmarks and reading list items will be saved.”

The warning clearly informs users that websites can still collect data on their browsing activity, even when Incognito Mode is enabled. The other details of items saved by Chrome locally on the device and visibility of personal information to third parties remains the same, according to the screenshot shared by the publication.

The changes made to Chrome come a month after Google reportedly said it was ready to settle a class action lawsuit that began in 2020 and accused the company of “track, collect, and identify [users’] browsing data in real time” even when they had enabled Incognito Mode on their browser. The agreement is expected to be presented by the end of the month and approval could reportedly be granted in February.


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Google Chrome Incognito Mode Users Lose Appeal to Pursue $5 Billion in Damages Over Data Collection

Consumers suing Alphabet Inc’s Google LLC over its data collection practices have lost their early appeal to pursue money damages as a class action seeking billions of dollars. Plaintiffs sued Google in 2020, claiming that Google continued to collect data from users despite their use of private browsing in Chrome’s “Incognito” mode. The lawsuit seeks at least $5 billion in damages.

The 9th U.S. Circuit Court of Appeals in San Francisco on Wednesday rejected the plaintiffs’ bid to appeal a lower court decision last year that denied class-action status for money damages claims against Google.

The plaintiffs had sought an appeals court hearing on the issue mid-case and can still seek to revive their money damages claims when there is a final judgment. A jury trial is set for November.

The class-action status would mean the plaintiffs could pursue large-scale claims against Google as a group, as opposed to filing individual claims for monetary damages. The damages class would include at least “tens of millions” of Google browser users, court filings indicate.

The plaintiffs, whose lawyers include veteran litigator David Boies of Boies Schiller Flexner, had argued in the 9th Circuit that the lower court ruling in December denying class certification on damages “sounds the ‘death knell’ for many users’ damages claims who lack the means to individually litigate this case.”

Google’s attorneys at Quinn Emanuel Urquhart & Sullivan had asked the 9th Circuit not to allow the immediate appeal and instead wait to hear from the parties after a final order.

Google has denied that it deceived anyone over private browsing, saying its Chrome browser users consented to the company’s data collection.

A spokesperson for Google declined to comment on Wednesday’s decision.

Although the decision means the plaintiffs cannot seek monetary damages as a class, the lower court had certified two other classes that can seek other relief from Google, including curbing certain data collection practices.

Boies and another plaintiffs’ lawyer did not immediately respond to a message on Thursday seeking comment.

The case is Brown et al v. Google LLC, 9th U.S. Circuit Court of Appeals, No. 22-80147.

For plaintiffs: David Boies and Mark Mao of Boies Schiller Flexner; Bill Carmody of Susman Godfrey; and John Yanchunis of Morgan & Morgan

For defendant: Andrew Schapiro, Diane Doolittle and Stephen Broome of Quinn Emanuel Urquhart & Sullivan

© Thomson Reuters 2023


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Google Chrome Updated With Fingerprint Lock for Incognito Tabs on Android: How It Works

Google Chrome’s Incognito Mode is set to get more private on Android. A new feature is rolling out to users on Android phones that will automatically lock Incognito tabs on Google Chrome when the browser is exited. Users will be able to unlock them using biometric authentication, using the fingerprint scanner on their smartphone. The feature is currently rolling out for Android users, however, not all users will have access to the feature. The biometric lock feature for Incognito tabs was first introduced on iOS devices in 2021 and is now making its way to Android users.

The rollout of the Google Chrome feature was announced by the company via a blog post, and the company says that Android users will require biometric authentication to reopen their Incognito tabs after they close and reopen the app. This means no one except the device’s owner will be able to access the Incognito session. The feature is rolling out to Chrome users on Android, according to the company. It is worth noting that this feature is not enabled by default and users will have to enable the functionality in Chrome’s Settings menu.

To enable this new privacy feature, users can access Chrome’s settings menu, then click on ​Privacy & Security and enable Lock incognito tabs when they close Chrome. Once done, the feature will be enabled and the users will need to “unlock” their Incognito tabs using the phone’s fingerprint scanner. Also, enabling or disabling this feature requires users to provide verification, such as their device PIN or pattern. Google first introduced the fingerprint lock feature for Incognito tabs on iOS devices in 2021.

Meanwhile, Google has shared five ways to offer a safe browsing experience ahead of Data Privacy Day which is celebrated on January 28. The features include the ability to delete the browser’s history including history, cookies and cache, from a specific time or altogether, using Chrome’s password manager on Android, iOS and desktop to remember and automatically fill passwords on their devices.

Google is also reportedly working on a newly redesigned menu that will have a new toggle to block all unwanted extensions at once. The new toggle will disable extensions and block potentially malicious extensions. Microsoft Edge, too, has a similar “pause extensions on this site” feature. The new feature is currently under development and is seen in Chrome Canary. However, it doesn’t work at the moment, and just turns on and off and doesn’t show the installed extensions as well, as per the report. 


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