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by iamshs 4285 days ago
But, Google did mine Wi-Fi data of a lot of people, so why do only those 22 people are to be proven as victim. Can't the case be broadened?
2 comments

It can, although that hasn't been litigated yet - that's the class action part the article refers to. A lawsuit like that often starts with a smallish number of plaintiffs whose injuries (in the sense of being negatively affected by someone else) are similar enough for a case to be made that they're representative of a larger group, whereas if there was only one plaintiff it would be impossible to decide whether a pattern of behavior existed.

Lawyers love class action suits because while they may only generate a small payout for each plaintiff the law firm running the suit may collect 30% of the payout in return for administering the settlement (writing to all potential plaintiffs, advising them of their rights under the settlement, disbursing payments and so forth). That's a lot of administrative work but for a large settlement it can still bevery lucrative. So much so that in very large lawsuits there is sometimes litigation between competing firms about which is best positioned to represent the plaintiffs, before the main matter is litigated. ISTR that happened with the tobacco litigation by the states in the 1990s, which ultimately involved something like a $20 billion payout.

IANAL, so corrections are welcome, but my understanding is this:

To bring a civil suit against another party, you must have standing, which means you must be able to show that you, personally, suffered damage at the hand of the other party. These 22 people can't just sue Google for damages on behalf of everyone whose data was allegedly hoovered up by StreetView, they have to prove that their data was collected. If they can't, then other people could bring the same suit and look for their data in the evidence as well.

Once a defendant or defendants prove that they have standing to bring the case, they could then petition the judge to certify a class action, at which point the lawyers representing the class would ask for discovery to find and notify all the other class members.

I view this as a very valuable rule of law; without this, there are attorneys who would just spend all day filing speculative lawsuits in hopes of forming a class action.

One other notable places this rule has come into play in the recent past: in litigation around gay marriage, when the government refused to defend its marriage discrimination laws, religious groups tried to step in to take on the defense, only to be told they had no standing because they were not being harmed by other people getting married.

Aha makes sense. So the process can continue perpetually until someone is proven to be a victim. Thanks for the answer.