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Feds after Google
data
By Howard Mintz Mercury News
The Bush administration on Wednesday asked a federal judge to
order Google to turn over a broad range of material from its closely
guarded databases.
The move is part of a government effort to revive an Internet
child protection law struck down two years ago by the U.S. Supreme
Court. The law was meant to punish online pornography sites that
make their content accessible to minors. The government contends it
needs the Google data to determine how often pornography shows up in
online searches.
In court papers filed in U.S. District Court in San Jose, Justice
Department lawyers revealed that Google has refused to comply with a
subpoena issued last year for the records, which include a request
for 1 million random Web addresses and records of all Google
searches from any one-week period.
The Mountain View-based search and advertising giant opposes
releasing the information on a variety of grounds, saying it would
violate the privacy rights of its users and reveal company trade
secrets, according to court documents.
Nicole Wong, an associate general counsel for Google, said the
company will fight the government's effort ``vigorously.''
``Google is not a party to this lawsuit, and the demand for the
information is overreaching,'' Wong said.
The case worries privacy advocates, given the vast amount of
information Google and other search engines know about their
users.
``This is exactly the kind of case that privacy advocates have
long feared,'' said Ray Everett-Church, a South Bay privacy
consultant. ``The idea that these massive databases are being thrown
open to anyone with a court document is the worst-case scenario. If
they lose this fight, consumers will think twice about letting
Google deep into their lives.''
Everett-Church, who has consulted with Internet companies facing
subpoenas, said Google could argue that releasing the information
causes undue harm to its users' privacy.
``The government can't even claim that it's for national
security,'' Everett-Church said. ``They're just using it to get the
search engines to do their research for them in a way that
compromises the civil liberties of other people.''
The government argues that it needs the information as it
prepares to once again defend the constitutionality of the Child
Online Protection Act in a federal court in Pennsylvania. The law
was struck down in 2004 because it was too broad and could prevent
adults from accessing legal porn sites.
However, the Supreme Court invited the government to either come
up with a less drastic version of the law or go to trial to prove
that the statute does not violate the First Amendment and is the
only viable way to combat child porn.
As a result, government lawyers said in court papers they are
developing a defense of the 1998 law based on the argument that it
is far more effective than software filters in protecting children
from porn. To back that claim, the government has subpoenaed search
engines to develop a factual record of how often Web users encounter
online porn and how Web searches turn up material they say is
``harmful to minors.''
The government indicated that other, unspecified search engines
have agreed to release the information, but not Google.
``The production of those materials would be of significant
assistance to the government's preparation of its defense of the
constitutionality of this important statute,'' government lawyers
wrote, noting that Google is the largest search engine.
Google has the largest share of U.S. Web searches with 46
percent, according to November 2005 figures from
Nielsen//NetRatings. Yahoo is second with 23 percent, and MSN third
with 11 percent.
Mercury News Staff Writer Michael Bazeley
contributed to this report. Contact Howard Mintz at hmintz@mercurynews.com or
(408) 286-0236.
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