Torts Keyed to Epstein
Boring v. Google, Inc.
Defendant, an Internet search engine company, provides a feature called Google Maps. Within this feature is the ability for users to see the “Street View” of streets across the United States. This view is a street-level panoramic view of a particular location. To create this view, Defendant sends passenger cars equipped with panoramic digital cameras to drive around and photograph the streets. Plaintiffs live on a private road marked with a “Private Road, No Trespassing” sign. Plaintiffs discovered that Defendants had driven a car up their road and into their driveway, capturing a photograph of their home and swimming pool without Plaintiffs’ consent. Plaintiff sued for invasion of privacy and trespass. The federal trial court dismissed all of Plaintiff’s claims, finding that the invasion of privacy claim did not show that the intrusion was highly offensive to a reasonable person and that the trespass claim failed for lack of an allegation of damages. Plaintiffs appealed.
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