Why states are the big winner in the $17 million Google-Safari settlement

[Commentary] Google agreed to pay 37 states $17 million to settle charges that in 2011 and 2012 it had ignored a key privacy feature embedded in Apple's Safari browser. As part of the deal, Google -- while not admitting fault -- has also vowed to stop using the code that lets it circumvent the controls. It's a significant victory for consumers, but it's an even bigger deal for the states -- some of which have already taken the lead on privacy legislation and, if this case is any indication, may become even more active in privacy litigation.

The states involved in the settlement broadly alleged that Google had indeed broken state consumer protection and computer privacy laws in addition to the consent agreement arguments put forth by the Federal Trade Commission. According to Jonathan Mayer, the privacy researcher at Stanford who first reported Google's alleged circumvention methods, states enjoy wider freedom than the federal government to bring a consumer protection case, to compel discovery and to impose monetary fines. Given a demonstrated willingness to accuse Google of breaking the law, it's reasonable to think that states might apply the same logic to other companies, too.