The
Third Circuit has reinstated a lawsuit that the Borings filed
against Google after a driver for its Street View service took
photographs of their home. The court upheld the lower court’s
decision tossing most of the claims, but said the court erred on
the trespass claim: “The Borings have
alleged that Google entered upon their property without
permission. If proven, that is a trespass, pure and simple,” the
3rd U.S. Circuit Court of Appeals said. “It was thus improper
for the District Court to dismiss the trespass claim for failure
to state a claim.” But the Court hinted that Aaron and Christine
Boring may only be able to wrest $1 in damages from the search
company - unless they can prove that they were actually harmed in
the moment the Google driver lingered on their property.
