Judge Susan Illston said in court today that she had questions about provisions of the proposed FTC settlement with Google which allows them to retain and profit from the data they collected by hacking Apple’s Safari browser.

In 2011 Google was caught circumventing privacy protections in order to place tracking cookies on the computers of up to 190 million Safari users worldwide, contrary to what they claimed in their privacy policy.

Consumer Watchdog is challenging the settlement, which also includes a record fine of $22.5 million and allows Google to deny liability.