domingo, 19 de maio de 2019

A million dollar failure being paid with $ 15mil by Google

A robbery of 79 Bitcoins, equivalent to R $ 1.7 million today, caused Google to be convicted by the São Paulo court to pay R $ 15 thousand in compensation for moral damages to the user of Gmail Wagner Alexandre Ferreira. The company will also be fined $ 1,000 a day if it does not provide the data to help identify the hacker.
Ferreira moved the action in September 2017. He recounts in his petition that on August 30 of that year his Gmail account had been hacked. This account included data such as login and password to access your wallet which contained a little more than 79 bitcoins.
The process of nº 1090359-77.2017.8.26.0100, that was running in secret of justice, processed in the 30th Civil Court of the Region of São Paulo. The decision ultimately became the provisional injunction (sort of injunction) for Google to provide all necessary information regarding access to the account within 48 hours prior to its exclusion.
This information includes "IP address, usage data and preferences, identification of products used in the access, server records, unique identifier of the devices (ID), details of the use of the requested services, and aspects of location of the users ) ".


Google's Defense
Google's argument that it could not disclose the IP data because the transaction would have occurred abroad was dismissed by the Brazilian courts.
The company in its defense had stated that "it only has the legal obligation to store data of IP, date and time, in accordance with the Civil Frame of the Internet".
In response, the Justice simply pointed out that the Internet Civil Law Act "is not, in the world of law, the only instrument capable of legally binding a person."
Therefore, Google has the restricted obligation to store the access information, including data such as time, date and IP addresses, even though this is in the privacy policy of the accounts of that company, which, as stated in the sentence , is applicable to any user of its services.
User responsibility
Despite this, the judge ruled out Google's responsibility for the lost bitcoins that were worth R $ 1 million at that time. In the ruling it is stated that there is no civil liability in repairing the material damage, since the user of the Gmail account is that he should take the necessary precautions with his passwords.
"Keeping the password for accessing the bitcoins portfolio in the e-mail is similarly equivalent to keeping the bank password next to the corresponding card, revealing the negligence with which the applicant stored confidential information, the sole fault for the loss of the amount in crypto-coins. "
The court denied this request for Google to compensate for the 79 stolen bitcoins, but acknowledged that the case was not a mere scam and brought moral damages to the user who lost more than $ 1.7 million in bitcoins.
In this way, Google was ordered to pay R $ 15 thousand of indemnity for moral damages suffered, which must be corrected by the table of the Court of Justice of São Paulo, from the date of this sentence, to the actual payment and plus interest of 1% per month from the date of service.

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