Google Searches Used in Murder Trial?

mcrbids writes "Well, the details are a bit scant, but it seems that the content of Google searches were used to help establish intent in a murder trial. Will police in the future simply serve a subpoena to Google to find out what you've been thinking about? While this use of that information makes sense, at what point does your privacy give way to public concerns? Should police be able to search through your search history for "questionable" searches before you've been arrested for a crime, and what effect would this have on the health of society?"

Comments

Obvious Answer

[Transient0]

The stated use (subpeonaing google for information on a person who has been arrested and they are building a case against) is perfectly reasonable, assuming they have reason to believe google would have useful evidence. That's what happens when you get arrested, they try to collect evidence to use against you from any source the can.

And of course, the slippery slope case presented in the intro copy would NOT be reasonable. If i am arrested for valid suspicion i would expect them to try to build a case against me. But, in a free society, it is not acceptable to have everything i do fed into a system which is flagging people as POTENTIAL criminals.

so: yes. and no.

Already done

[dg41]

This isn't new. Last year, I was a juror on a trial for various sex/computer crimes, and part of the evidence admitted were the search strings from Google in the IE history/cache. In the interest of keeping my lunch down, I'm not going to reprint some of the searches here. We'll just say that they're bad.

Prove it!

[Bonewalker]

My concern with any kind of computer or technology being used as any kind of evidence is this: prove beyond a shadow of a doubt that I was sitting at that keyboard and computer and performed whatever searches you claim. Unless there is video of me sitting there, and it shows the screen as well, how can anyone prove that I was the one who did the searches.

Unless you have a computer that is physically off-limits to anyone else in the world, I don't see how this can easily be proven. Even if I logged into to some account, that doesn't prove I was there doing it. For example, my browser remembers my name and password for several accounts. Anyone else could sit down and my computer and log into those accounts.

So, whose to say someone isn't trying to frame me by entering my home and using my computer to make 'questionable' searches? For that matter, who's to say someone couldn't have remoted in to my computer and performed those searches.

Re:Clueless!

[RKBA]

When I was in high school a friend and I used to mix our own black power and explode pipe bombs in his father's field (it was a farming area) during the winter when there were no crops to damage. Can you imagine what would happen if any children tried that today?

Even stranger to today's society, our parents knew and approved of our activities. FWIW, we both had First Class Radio Amateur Licenses and were in all the math/science/electronics classes together, so we weren't totally clueless about what we were doing. This was back in a time (~1955) when a group of us kids would think nothing of grabbing our .22 rifles, 12 gauge shotguns, pistols, or whatever we owned and favored (my cousin had a lever action 30-30 rifle just like "The "Rifleman" did on the television program of that name), and head out in the farming fields hunting Jack Rabbits - which were pests to the farmers.