Digital Media Law Project
Published on Digital Media Law Project (https://www.dmlp.org)

Home > Harris v. Google

Harris v. Google [1]

Submitted by DMLP Staff on Wed, 05/19/2010 - 12:53

Summary

Threat Type: 

Lawsuit

Date: 

02/08/2010

Status: 

Pending

Location: 

Florida

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Intentional Infliction of Emotional Distress
Publication of Private Facts
On February 8, 2010, Jonathon Harris, a rare coin dealer, filed a lawsuit against Google, Inc. in Florida state court. According to the complaint, a Google Phonebook search for rare coins returned his home address and a map to his home, rather... read full description
Parties

Party Receiving Legal Threat: 

Google, Inc. d/b/a Google Phonebook

Type of Party: 

Individual

Type of Party: 

Large Organization

Location of Party: 

  • Florida

Location of Party: 

  • California

Legal Counsel: 

Jonathon Harris

Legal Counsel: 

Astigarraga Davis Mullins & Grossman, P.A.
Description

On February 8, 2010, Jonathon Harris, a rare coin dealer, filed a lawsuit against Google, Inc. in Florida state court. According to the complaint, a Google Phonebook search for rare coins returned his home address and a map to his home, rather than information for his business address for periods of time from July 2007 through January 2010.

Arguing that he "reasonably feels that crimes of theft, burglary, and home invasion are more likely if he publishes his family's home address as a place where rare coins are found," Mr. Harris sought a permanent injunction and claimed damages from invasion of privacy and intentional infliction of emotional distress. According to the complaint, Google failed to permanently correct the entry after multiple written demands, even though Google had a written policy to remove such information upon written demand within 48 hours.

After removing the complaint to federal court, Google has moved to dismiss all claims, arguing that Mr. Harris's home address is not a private fact. Additionally, Google argued that the suit is barred by Section 230 of the Communications Decency Act because the information from the search was provided by a third party who aggregates telephone directories and other public records otherwise available on the web.

Related Links: 

  • Harris's Complaint [2] on Scribd (Mar. 8, 2010).
  • Google's Removal to Federal Court [3] on Scribd (Apr. 8, 2010).
  • FindLaw [4]: Treasure Map: Rare Coin Dealer Sues Google Over Directions to Home (Feb.  12, 2010).
  • Eric Goldman [5]: Google Sued for Publishing Home Address -- Harris v. Google (Apr. 13, 2010).
Details

Web Site(s) Involved: 

www.google.com [6]

Content Type: 

  • Text
  • Graphic

Publication Medium: 

Website

Subject Area: 

  • Privacy
Court Information & Documents

Jurisdiction: 

  • Florida

Source of Law: 

  • Florida

Court Name: 

Circuit Court of the 19th Judicial Court in and for Marin County, Florida; removed to United States District Court for the Southern District of Florida

Court Type: 

Federal
State

Case Number: 

10-363 CA

Relevant Documents: 

PDF icon 2010-05-05-Google's Motion to Dismiss.pdf [7]

DMLP Logo


Source URL (modified on 08/20/2014 - 11:11pm): https://www.dmlp.org/threats/harris-v-google

Links
[1] https://www.dmlp.org/threats/harris-v-google
[2] http://www.scribd.com/doc/29705571/Harris-v-Google-Complaint
[3] http://www.scribd.com/doc/29705586/Harris-v-Google-Removal
[4] http://blogs.findlaw.com/legally_weird/2010/02/treasure-map-rare-coin-dealer-sues-google-over-directions-to-home.html
[5] http://blog.ericgoldman.org/archives/2010/04/google_sued_for_4.htm
[6] http://www.google.com
[7] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2010-05-05-Google%27s%20Motion%20to%20Dismiss.pdf