Google to feds: Back off

[geekerati]

The saga continues..

Google lashed out at the U.S. Justice Department on Friday, saying that a high-profile request for a list of a week's worth of search terms must not be granted because it would disclose trade secrets and violate the privacy rights of its users.

In a strongly worded legal brief filed with a federal judge in San Jose, Calif., the search company accused prosecutors of a "cavalier attitude," saying they were "uninformed" about how search engines work and the importance of protecting Google's confidential information from disclosure.
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Subpoena fight round two?
Google may be about to face a second round of subpoenas for search-related information.
This response came after the Justice Department last month
Google's defense of privacy

Google has offered multiple reasons why it shouldn't have to comply with a Justice Department subpoena. One is privacy. An excerpt:

"If Google is forced to compromise its privacy principles and produce to the Government on such a flimsy request, its search query and URL data, Google will, without a doubt, suffer a loss of trust among users. Google's success can be attributed in large part to the high volume of Web users attracted to Google.com every day. The privacy and anonymity of the service are major factors in the attraction of users--that is, users trust Google to do right by their personal information and to provide them with the best search results. If users believe that the text of their search queries into Google's search engine may become public knowledge, it only logically follows that they will be less likely to use the service."

The Justice Department subpoena normally would have been a routine matter, and America Online, Microsoft and Yahoo voluntarily complied with similar requests. But Google's resistance sparked a furor over privacy, with Sen. Patrick Leahy, a Vermont Democrat, asking the Justice Department for details, and a bill appearing in the House of Representatives that would require Web sites to delete information about visitors.

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Google may have to fight second subpoena

Google may be about to face a second round of subpoenas for search-related information.

If the U.S. Justice Department is successful in obtaining a week's worth of search terms from Google, which it demanded as part of an attempt to defend a 1998 Internet pornography law, a second round of subpoenas is shaping up to be far more intrusive.

The American Civil Liberties Union warned Friday that if the first subpoena is granted--giving the government's expert the information to use to evaluate the effectiveness of porn filters--the ACLU's legal assault on the same antipornography law will require it to target Google as well.

"If the government utilizes the information in any manner, we're very likely going to need to do follow-up discovery," ACLU attorney Aden Fine said.

A legal brief the ACLU filed with a federal judge in San Jose, Calif., on Friday says its request would seek to learn how Google's search engines operate, how Google serves up links in response to queries and whether there is "any way to distinguish between queries generated by actual individuals and queries generated by artificial programs or software."

The civil liberties group, which characterizes itself as a staunch defender of privacy, says it is not eager to expose details about Google's inner workings and the habits of its users. The ACLU says it has "no need or desire to obtain any of this information from Google." But, the group warns, if the government gets the information, it would have little choice.

The unexpected news of a second subpoena from the ACLU could complicate the Justice Department's attempt to convince U.S. District Judge James Ware to grant its request. Ware has scheduled a hearing for March 13.

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