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The lawsuit was filed by the firm Boies Schiller Flexner and represents three individuals, according to the New York Times. The lawsuit, filed in the U.S. District Court for the Northern District of California, emphasizes that Google deceives its users into thinking that they have full browser privacy when using incognito mode.

Additionally, the lawsuit claims that Google’s practices are a violation of the Federal Wiretap Act, which protects individuals from having private communications intercepted. More specifically, Google is accused of intercepting information exchanged between internet users and the websites they visit, by collecting browsing history, searches and web addresses.

“Google tracks and collects consumer browsing history and other web activity data no matter what safeguards consumers undertake to protect their data privacy,” Mark C. Mao, a partner at the suing law firm, wrote in the filed lawsuit.

Google has defended their practices by asserting that incognito mode clearly states that internet activity is not saved onto the user’s browser, not that it provides full data privacy to users.

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