March 13, 2006 Comments
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It's already been about two months since Google and the Department of justice went head to head on the issue of a search engine's right to refuse to share its search records with the government. Basically, the DOJ requested records from the major search engines to help build a case to support the Child Online Protection Act and Google has refused on the grounds that the data would constitute an invasion of privacy for their users and could result in the sharing of Google's proprietary search technologies. The case was supposed to head to court late last month, but Google and the DOJ will finally see their day in court tomorrow.
The case will be tried by U.S. District Judge James Ware in San Jose. The case is being seen as setting an important precedent when it comes to finding out just how much power the government has to demand sometimes sensitive data about American's search activity.
From the San Jose Mercury News:
Nevertheless, the case is considered a crucial barometer of how much control a search engine has over its vault of Web traffic and whether the Internet habits of its users are insulated by a 20-year-old electronic privacy law. Orin Kerr, a law professor at George Washington University, said that if the government gets the information, it's conceivable Congress may eventually step in with legislation that would prevent the broad release of data collected on Internet searches.
``The subpoena was a wake-up call to everybody that search engines have these logs and can produce them,'' added Kevin Bankston, a lawyer with the Electronic Frontier Foundation, which opposes the release of the data. ``By storing all this data in perpetuity, they are creating a honey pot, not only for the government but for civil litigants'' who seek it for a host of reasons, from divorce fights to feuds between rival companies.
Justice Department lawyers declined comment on the case, but in court papers argue that Google and its supporters have overstated the risks of releasing the information. Government lawyers stress that the data they seek would not identify individual users.
Jennifer Laycock is the Editor of Search Engine Guide, an educational web site aimed at translating the search marketing world into something that small business owners can understand. Jennifer specializes in common sense search engine marketing, viral marketing and customer outreach via social media and blogs. A former search marketing consultant and in-house trainer, Jennifer’s clients have included companies like Verizon, American Greetings and Highlights for Children. Her primary clients now are a little girl named Elnora and a little boy named Emmitt.
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