Couple Gets Another Shot at Google

A Pennsylvania couple’s battle with Google’s street view function remains barely alive thanks to a U.S. Court of Appeals’ ruling that there was a technical trespass when the images were taken.

Aaron and Christine Boring originally sued Google for various counts of invasion of privacy, unjust enrichment, and trespass. Google had taken images of the couple’s house by driving on the couple’s private driveway that was posted with no trespassing signs. The images were uploaded to Google’s street view but later were taken down. The trial court threw out the case and the couple appealed.

The appellate court agreed that the taking and display of the images by Google did not violate any privacy rights because the taking of the image occurred in their driveway. “No person of ordinary sensibilities would be shamed, humiliated, or have suffered mentally as a result of a vehicle entering into his or her ungated driveway and photographing the view from there,” the court wrote.

The appellate court reversed the trial court’s dismissal of the trespass claim, however, finding that because trespass is a strict liability tort, the Borings did not have to show damages to avoid a motion to dismiss. “Here, the Borings have alleged that Google entered upon their property without permission. If proven, then it is a trespass, pure and simple,” the appellate court said. “Of course, it may well be that, when it comes to proving damages from the alleged trespass, the Borings are left to collect one dollar and whatever sense of vindication that may bring, but that is for another day.”

Boring v. Google, Third Circuit No. 09-2350, filed January 28, 2010.