• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia
TechBurger King

Burger King’s Scheme to Turn On Google Home: Outrageous But Not Illegal

Jeff John Roberts
By
Jeff John Roberts
Jeff John Roberts
Editor, Finance and Crypto
Down Arrow Button Icon
Jeff John Roberts
By
Jeff John Roberts
Jeff John Roberts
Editor, Finance and Crypto
Down Arrow Button Icon
April 13, 2017, 12:35 PM ET

Burger King aired the most annoying commercial in history this week: A shrieking fast food employee waving a hamburger and who says, “Okay Google, what is a Whopper burger?”

The TV ad is insufferable, but it could have been infinitely worse for the millions of Americans who own a Google Home device. For them, the employee’s words were intended to activate their device and prompt it to define a Whopper.

Fortunately, Google stepped in to prevent the commercial, which aired on shows like Jimmy Kimmel Live on Wednesday, from setting off what the New York Times‘ called “corporate warfare in the living room.”

In retrospect, the whole episode was likely a stunt to gin up free publicity for Burger King. But it also raises the question of what’s to stop another company from trying the same thing—using a TV or radio ad to force a Google Home or an Echo (Amazon’s competing device) to be part of their marketing campaign.

The answer, from a legal perspective, appears to be that nothing can stop them.

“Google (and others) literally “opened the door” to this new hack when they put ‘always on’ devices in the home. We warned the FTC of the basic flaw in the architecture — it is not simply the owner that activates the device … They didn’t ‘listen,'” Marc Rotenberg, the president of the Electronic Privacy Information Center, told Fortune by email.
Rotenberg says his group asked the Federal Trade Commission to examine whether the devices may violate the Wiretap Act or the agency’s laws against unfair and deceptive marketing practice, but the agency declined to open an investigation.
Sign up for Data Sheet, Fortune’s technology newsletter.
The FTC declined to comment on the Burger King affair, or whether it would take any action to prevent similar stunts in the future.
The Burger King incident isn’t the first time a company’s use of Google Home as a marketing tool has come under scrutiny. In March, the device began touting the arrival of Beauty & the Beast in cinemas at the end of its regular news summaries for users, though Google has suggested this was not intended as an ad.
More broadly, the arrival of always-on devices that play and record what we say carry a host of legal and privacy implications. Earlier this year, for instance, police in Arkansas obtained a search warrant to learn whether an Amazon Echo had recorded evidence of a murder.
About the Author
Jeff John Roberts
By Jeff John RobertsEditor, Finance and Crypto
LinkedIn iconTwitter icon

Jeff John Roberts is the Finance and Crypto editor at Fortune, overseeing coverage of the blockchain and how technology is changing finance.

See full bioRight Arrow Button Icon

Latest in Tech

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • Future 50
  • World’s Most Admired Companies
  • See All Rankings
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Editorial Calendar
  • Press Center
  • Work At Fortune
  • Diversity And Inclusion
  • Terms And Conditions
  • Site Map
  • About Us
  • Editorial Calendar
  • Press Center
  • Work At Fortune
  • Diversity And Inclusion
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Tech

These startups are racing to make AI safe for the Pentagon’s most closely guarded secrets
AIDefense
These startups are racing to make AI safe for the Pentagon’s most closely guarded secrets
By Erik GermanApril 11, 2026
7 hours ago
karp
Future of Workpalantir
Palantir CEO says AI ‘will destroy’ humanities jobs but there will be ‘more than enough jobs’ for people with vocational training
By Jacqueline MunisApril 11, 2026
8 hours ago
A Starbucks barista stands behind a cash register.
RetailFood and drink
Starbucks’ game plan to roll out AI chatbots at cafés could serve as a ‘litmus test’ for the industry, analyst says
By Sasha RogelbergApril 11, 2026
8 hours ago
The ‘Tuscan Mom’ aesthetic is taking over TikTok as Gen Z glamorize McMansions and reject millennial gray
Travel & LeisureGen Z
The ‘Tuscan Mom’ aesthetic is taking over TikTok as Gen Z glamorize McMansions and reject millennial gray
By Sydney LakeApril 11, 2026
8 hours ago
dalmation
AIHealth
Man’s best friend may soon live a little longer thanks to a new pill promising to extend your pup’s lifespan
By Catherina GioinoApril 11, 2026
10 hours ago
hunt
CommentaryMedia
OpenAI’s TBPN deal shows how talent, media, and influence are collapsing into one
By Jonathan HuntApril 11, 2026
10 hours ago

Most Popular

Scottie Scheffler joined Tiger Woods and Rory McIlroy in golf's $100M club—and donated his entire Ryder Cup stipend to charity
Success
Scottie Scheffler joined Tiger Woods and Rory McIlroy in golf's $100M club—and donated his entire Ryder Cup stipend to charity
By Fortune EditorsApril 10, 2026
1 day ago
The Navy confirmed an ‘abundant amount’ of Uncrustables when the Artemis II crew lands. Smucker’s just offered them a lifetime supply
Politics
The Navy confirmed an ‘abundant amount’ of Uncrustables when the Artemis II crew lands. Smucker’s just offered them a lifetime supply
By Fortune EditorsApril 10, 2026
21 hours ago
Mark Cuban admits he made a mistake letting go of the Mavericks: 'I don't regret selling. I regret who I sold to'
Investing
Mark Cuban admits he made a mistake letting go of the Mavericks: 'I don't regret selling. I regret who I sold to'
By Fortune EditorsApril 9, 2026
2 days ago
Schools across America are quietly admitting that screens in classrooms made students worse off and are reversing years of tech-first policies
Innovation
Schools across America are quietly admitting that screens in classrooms made students worse off and are reversing years of tech-first policies
By Fortune EditorsApril 10, 2026
1 day ago
The 'affordability economy' has created a housing market nobody predicted: Prices collapsing in the Sun Belt, soaring in the Rust Belt
Real Estate
The 'affordability economy' has created a housing market nobody predicted: Prices collapsing in the Sun Belt, soaring in the Rust Belt
By Fortune EditorsApril 11, 2026
11 hours ago
The U.S. government is spending $88 billion a month in interest on national debt—equal to spending on defense and education combined
Economy
The U.S. government is spending $88 billion a month in interest on national debt—equal to spending on defense and education combined
By Fortune EditorsApril 9, 2026
2 days ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.