Question: Google operates a web search engine. When users visit any website operated by Google, this statement appears at the bottom of the page: Use of
Google operates a web search engine. When users visit any website operated by Google, this statement appears at the bottom of the page:
Use of Googles services is subject to the User Agreement. By virtue of using Googles services, well assume you agree to the terms of the User Agreement, but you can leave if you wish. You can read the User Agreement here.
When users visit Google webpages, Google installs a web trackerknown as a cookieon the users computer. The cookie collects information about every single website the user visits. Googles User Agreement explains this process and also subjects any disputes between users and the company to binding arbitration.
Ken regularly uses Google services but has never read the User Agreement or paid attention to the bottom-of-page disclosure. Ken sometimes searches Google from the home page, but he sometimes types his queries into his browsers search bar, which automatically takes him to a Google search results page.
Ken files a lawsuit against Google, alleging that its web-tracking practices violate the federal Wiretap Act. Google moves to compel arbitration in accordance with the User Agreement.
Youre the district judge hearing this dispute, and Google motion to compel arbitration is ripe for adjudication. How do you rule? Explain why in 400 words or more.
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