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Google's Response to the DoJ Motion

neoviky writes "Google Inc. on Friday formally rejected the U.S. Justice Department's subpoena of data from the Web search leader, arguing the demand violated the privacy of users' Web searches and its own trade secrets. Responding to a motion by U.S. Attorney General Alberto Gonzales, Google also said in a filing in U.S. District Court for the Northern District of California the government demand to disclose Web search data was impractical."

33 of 315 comments (clear)

  1. Equal treatment? by ttimes · · Score: 2, Insightful

    So the government goes after Google- what about others like Microsoft? Or is this The Evil One's plan- the government is their largest contract. Hmmm

  2. Only way to get it ... Google to volunteer by neonprimetime · · Score: 4, Insightful

    If Google hasn't done anything wrong ... then they shouldn't have to comply. Good job google.
    The only way they should get the data is if Google volunteers to give it.

    What's the government thinking anyways? If they just tapped on Microsoft's shoulder I'm sure Bill would hand over all of MSNs search data.

    1. Re:Only way to get it ... Google to volunteer by Citizen925 · · Score: 2, Insightful

      I totally agree with google's answer to the government's request. Ever since the Patriot Act, the government has aquired this belief that the people of America are ready to give up our basic rights. There is even a police chief in Houston that suggested building permits require cameras in apartment buildings, malls, and even *in privately owned homes whose owner calls the police very often. Another story I've recently heard of is that of a person sitting in a library being harassed by a librarian and two police officers for viewing pornographic material. I think that because this person was not calling attention to himself or flaunting his actions that his reading material is not only his own business, but also that his privacy was being seriously invaded and the police were using intimidation tactics to impress their own moral views upon this citizen. They made the matter into a form of public humiliation by bringing out into the open what the person may not have wanted his peers to have known about him or herself. And now, police want an internet search engine, with millions of users, to simply hand over any personal information about these people the government seeks. Does this only sound crazy and fanatical and ominous to myself? I am very worried about the future of America. The question the police chief of Houston put to us was, "If you're not doing anything wrong, why should you worry about it?" To this I reply, we shouldn't have to worry about worrying about it. By this I mean, taking away people's privacy leads to paranoia and people checking their every move. The average citizen doesn't have the detailed knowledge of the laws to know for certain if they're breaking an uncommon one or not. The government could arrest someone wrongfully, easily, because the person won't know if the accusations are or are not against the law. I'm not saying the U.S. would do this, I have a firm belief they would not, presently. But the way things are going privacy on the whole is being attacked on all sides. This bombardment, to me, implies that the government is trying to throw so many balls at us that we're bound to drop a few. I want the officials of America to know that it's people do witness these actions, and if they are unintentional it would do very well for the people's trust in our government if such actions were checked.

    2. Re:Only way to get it ... Google to volunteer by edumacator · · Score: 2, Insightful

      The point isn't what can the government get from it, it's does the government has the right to demand it from a company. In their brief Google makes a strong case that, no, they don't.

      We need to be very careful about this kind of thing. The government is trying very hard to define our online rights differently than any other rights. This subpoena tramples several rights companies have, and the government hasn't even made a compelling case, and it is their burden to do so, as to why they need the data.

      If we aren't vigilant about these kinds of issues, we will find our privacy compromised greatly in the growing online environment.

    3. Re:Only way to get it ... Google to volunteer by jrockway · · Score: 3, Insightful

      > Corporations are largely like normal people when it comes to the government. They push, bend, break the laws till they get caught. Instead of doing it with Speeding or drinking or other drugs, the Corps do it with taxes, tariffs, pollution laws and so forth.

      In other words, corporations do really bad things that are a detriment to the planet as a whole and then get a slap on the wrist. Meanwhile, someone smoking some weed goes to jail for the rest of his life.

      If that's not "hand in hand skipping through the flowers", I don't know what is.

      --
      My other car is first.
    4. Re:Only way to get it ... Google to volunteer by stinerman · · Score: 2, Insightful

      Whatever happened to the principle of minimal government interference in the lives of its people?

      It doesn't get the soccer mom and fundamentalist Christian votes.

  3. Expect more subpoenas-- by luvirini · · Score: 4, Insightful

    The world is going in a direction where a lot of lawsuits and such are really "fishing expeditions" to you create overly broad subpoenas and then hope to find something in the material to back you view.

  4. PR Stunt ... by Anonymous Coward · · Score: 4, Insightful

    I am amazed that people do not see Google's action for what it is -- a huge and hugely inexpensive public relations stunt. From a legal standpoint, Google does not have much ground to stand on. Yahoo and Microsoft realized this and that is why they complied. However, from a public relations point of view, it costs Google a small handful of hours of legal time and in return, Google gets featured on Slashdot and the countries newspapers, television and radio outlets, in addition to all over the internet numerous times. In the vast majority of cases, Google will be featured as the do-gooder ("do no evil") standing up to the U.S. Government on the public's behalf meanwhile making its competitors (Yahoo and Microsoft) look bad in the public eye.


    In the end, expect Google to comply with the DOJ's request but only after getting all the (almost) free publicity it can from this. I hope that there are some writers of marketing and public relations books paying attention to this stunt because this has got to be one of the best (and least expensive) public relations coups in recent history.

    1. Re:PR Stunt ... by neonprimetime · · Score: 3, Insightful

      If the information the government wanted was a matter of national security ...
      Then yeah, google should hand it over immediately, no questions asked ...
      But for pr0n and other irrelevant junk? The government should be
      focusing on more important stuff anyways ... MS and Yahoo! are just playing butt kissers in handing it over right away.

    2. Re:PR Stunt ... by rainman_bc · · Score: 4, Insightful


      If the information the government wanted was a matter of national security ...
      Then yeah, google should hand it over immediately, no questions asked ...


      Yeah, according to the DHS, everything is a matter of national security. They use it as an excuse for just about everything they want to do, without being subject to scrutiny.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    3. Re:PR Stunt ... by defile · · Score: 1, Insightful

      I am amazed that people do not see Google's action for what it is -- a huge and hugely inexpensive public relations stunt. From a legal standpoint, Google does not have much ground to stand on. Yahoo and Microsoft realized this and that is why they complied. However, from a public relations point of view, it costs Google a small handful of hours of legal time and in return, Google gets featured on Slashdot and the countries newspapers, television and radio outlets, in addition to all over the internet numerous times. In the vast majority of cases, Google will be featured as the do-gooder ("do no evil") standing up to the U.S. Government on the public's behalf meanwhile making its competitors (Yahoo and Microsoft) look bad in the public eye.

      I can just imagine Google's competitors being similarly subpeona'd and making the business case to cooperate with the government solely in the hopes that their cooperation forces Google's cooperation. Google's the market leader in search, their competitors have a lot more to gain by giving up their secrets in exchange for Google's secrets. (In fact, if you want to conjecture^2, this may even be why Yahoo! announced recently that they don't want to compete in search.)

      Maybe we shouldn't be commending Google for taking a principled stand (which it isn't), but condemning Microsoft and friends for folding so easily. They had every right to refuse, the government is fishing for scientifically useless data from totally unrelated parties.

      The judge should be able to see that their competitors complied to gain access to Google's trade secrets, and that their compliance does not validate the government's request, but this may be of no concern to the court.

  5. Comment removed by account_deleted · · Score: 2, Insightful

    Comment removed based on user account deletion

  6. Laughable by fafaforza · · Score: 5, Insightful

    Or am I just cynikal?

    From what I understand, the government asked for web search strings alone. No identifying information at all.

    Google claims to be fighting the good fight of protecting their users' data, but how different is the data that the government wants, from the data the Google itself uses to comprise the various lists of most popular searches, the 'popular topics' are in news.google.com, etc? I'm not sure that I'd like my search to be part of such a public display. Is Google's users' data being user improperly in that case, too?

    The way I see it is that Google is simply grandstanding. There have been some voices recently that Google has been getting too powerfull and encompassing. They have your email, they know what you search for, and they search your entire hard drive and call back home with their toolbar.

    From what I understand, the government asked them for similar search data, with no identifying information, for their own statystical analysis. Is this Google's chance to get back to the good graces of the Internet's geeks, stick to their missions to "do no evil" and retain their image of the anti-corporation, the underdog, and the rebel, while trying to get back to their $150 billion market cap?

    1. Re:Laughable by dfsiii · · Score: 3, Insightful

      Yet, it all comes down to you choosing to use their products and "forfeit" your privacy. Don't use their stuff, don't worry about too much information getting out.

    2. Re:Laughable by amishdisco · · Score: 4, Insightful

      How much disconnect is there between the DoJ finding search strings interpreted by them as criminal activity, and their demanding the IP addresses that made them? And why do so many people still trust the intentions of our government?

    3. Re:Laughable by Z0mb1eman · · Score: 2, Insightful

      But why SHOULD they turn this data over? It's not connected to a criminal, or even civil, case. It's not even connected to "homeland security". The government is just asking for this data because they feel like it.

      What amazes me the most about this whole affair - and that I haven't really seen addressed - is that this is the kind of data usually provided by studies... that the government would have to fund. I really don't see what basis they have for asking this as free information.

      Put it another way - what would happen if the government said "we need to write an operating system that we can control, but that is 100% compatible with all the Windows apps" and requested the Windows source code from Microsoft, instead of writing their own? Again, for free? You know, just because they're the government, and they can ask for it? Besides the fact that Slashdot would implode because it wouldn't know which side to support, I can only assume Microsoft's reaction would be the same.

      I don't think anyone really believes this is about "identifying information". Plain and simple, this mountain of data Google is sitting on is a huge part of their value as a company, and giving it away would be equivalent to suicide.

      --
      ClutterMe.com - easiest site creation on the Net. Just click and type.
    4. Re:Laughable by t-twisted · · Score: 2, Insightful

      I don't know how this got to insightful.. can you not tell the difference between a corporation using its own data and the government attempting to access it?

      Let's put it another way: If search engines were run by the government, on government servers, would you really use them in the same way? Of course not! You'd find other ways to get what you wanted from the internet - a list of IP addresses, a list of websites, a handwritten list of your most useful sites to find things. No need for the government to know everything you look for and are interested in on the internet, right?

      Somehow how you twisted it around to Google abusing the privacy of its own users by publishing top 10 lists or publishing search results information. I guess if you had watched the superbowl this year you would have been suspicious of being included as one of the 65 million viewers of the event?

  7. It doesn't align with their PR strategies... by Junta · · Score: 2, Insightful

    For google, a core part of their PR strategy is 'do no evil', and therefore any opportunity to grandstand in a way that appears to comply with this core promise is gold for Google.

    The other sites don't have that as a PR strategy at the moment. Therefore, they would perceive little to no value compared to their costs.

    Of course, it does sound good to stand up to the government lately with all the negative trends against privacy going on, but as many have pointed out, google themselves is using the data in ways not that much different from the government plans, so it isn't 100% as good as they like everyone to think...

    --
    XML is like violence. If it doesn't solve the problem, use more.
  8. Why is everything evil? by Serpent+Mage · · Score: 4, Insightful

    Google specifically states that they will use their information for their own internal purposes to improve searches and such. They specifically state that they will not hand out that information to 3rd party. The government is 3rd party.

    Everyones complaining about googles hypocracy needs to get off their silly "they are a company now and like all companies have to be selfish and everything they do is public facing deception only".

    I'm by no means claiming they are protectors of the smaller people but they have done NOTHING wrong or hypocritical at all. In fact they are holding up their end of the promise they made to the smaller people.

  9. Re:PR Stunt? by mgabrys_sf · · Score: 4, Insightful

    Some public relations stunt. It caused their net-worth to drop billions this quarter. If I were an investor, I'd say try something else.

  10. Re:Good for them by Anonymous Coward · · Score: 0, Insightful
    If Gonzales can simply refuse to answer questions on the legality of domestic searches when he goes before Congress, then Google can refuse spurious warrants from Gonzales.


    And another rabid liberal raises his ugly head. Care to make any more incorrect analogies to show your ignorance? There is a huge difference between refusing to answer questions in a confirmation hearing and refusing a legal warrent. Google hasn't refused any warrents, they refused a REQUEST for information, if it had been a warrent they would have turned over the information already.

  11. Re:In Summary by PhrostyMcByte · · Score: 1, Insightful

    Maybe there's some hidden legal merit I havn't seen through the /. filter, but the Government's audacity in this situation astonishes me. It seems like they had no legal ground to request this information from search engines, and their following through with a lawsuit when Google saw through their BS is amazing.

    I imagine people asking their local photo shop to invade their customer's privacy and give them a few thousand random photos (all for ), then suing when the shop tells them to fuck off.

  12. Re:Selective Legality by Anonymous Coward · · Score: 1, Insightful

    They aren't ignoring copyright law. They read it differently from the copyright cartels, but then they have vested interest in doing so, as much as Google would have the other way. Currently, the courts are agreeing with Googles interpretation, so it seems more correct to say that the publishers' guild are guilty of ignoring law by asserting righs they do not have.

  13. What I don't understand by Bodysurf · · Score: 3, Insightful

    is why the DoJ thinks they have a legal right to access Google's information/logs?

    Do they have any credible evidence that Google broke the law? Or that a particular user broke the law? If so, they they should subpoena an individual users records.

    It seems to me that the DoJ merely wants Google information because they want to go on a "fishing expedition". Google should have no obligation to assist the DoJ in a "fishing expedition".

    The DOJ on "information and belief" have some theories apparently. Just because Google has information that may or may not disprove their theory, no one should compel Google to turn over that information. It's up the the DoJ to get their own information if they believe such. If they don't have their own independent source from which to obtain it, then too bad.

  14. Re:PR Stunt? by Anonymous Coward · · Score: 2, Insightful

    What evidence do you have that this "PR Stunt" was the primary cause of the stock to drop? If you actually knew, you could make a killing on the stock market, as nobody has figured out how to predict the exact causes of why stocks go up and down 100% of the time.

  15. Every URL in the Google Database by grahamdrew · · Score: 3, Insightful

    The response letter said the DOJ wanted a list of every URL that could be returned by a search query in the Google database. I can't even imagine how much data that is. I'd comply with that bit, print it all out, and send the DOJ the bill...

    Is it just me or does it sound like the DOJ had no idea what they were actually asking for?

    --
    // Dumps core here
  16. Completely different by typical · · Score: 5, Insightful

    But there is a difference.

    With the RIAA, a crime had been committed, and Yahoo was asking to not turn over information identifying the offenders (more or less, yes, this is simplified).

    In this case, the government has *no* committed crime, and is not trying to track down any criminals. They are simply trying (or at least, this is their justification) to obtain Google's search data to support GOP initiatives to spread pornography filters based on the fact that N% of searches return pornography hits.

    My take is that Google is completely in the right. The federal government has absolutely no right to that data, nor do I want them to be able to subpoena it.

    As for not being identifiable, give me a break. You surf sites with ads served by people like Doubleclick and Google Ads. Google can match all past searches from your IP or from a machine with any cookies that they've set on your machine. This is not speculation -- they have specifically stated that they have this ability. It's a pretty good bet that a number of sites on the Web have your real name. Maybe it's not a drop-in "Google has a complete database", but it only takes Google + *one* other website you visit that has your personal name, and there's a damned comprehensive list of your thoughts, research, summary of what you're reading about and so forth available to the federal government.

    I don't think that this is a very good thing.

    --
    Any program relying on (nontrivial) preemptive multithreading will be buggy.
    1. Re:Completely different by dlasley · · Score: 4, Insightful
      Well - the court WILL decide, not a bunch of us tech-wheenies on Slashdot.
      And this is desirable because ... ? I certainly hold no illusions that the legal system is looking out for the best interests of the average citizen. I applaud any corporation that wants to curb the intrusive and quasi-legal steamroller fostered by the former US Attorney General.

      Damnitall, folks, start taking a stand now while we still have the freedom of speech and free press (at least free press not run by the Rupert Murdochs of the world). Copping out with the excuse "oh, well someone agreed to do it, everyone should follow" is just as bad as running blindly after the lemmings in their shiny metal boxes as they jump off a cliff.

      Wait, can lemmings jump?

      Regardless, it shouldn't just be the court deciding something that affects democracy, freedom and privacy. The legislative branch is part of the checks-and-balances system in the US, not the representative branch of government that is empowered to decide whether or not freedoms can be suspended when it suits the interest of political agenda or socio-political pandering. Granted, actions such as the Patriot Act hardly commend them as being stewards of said freedoms, but thankfully many in the representative branch seem to be coming to their senses.

      You have to keep the pressure on so this process continues - people died for the freedoms we're taking for granted every day in the US, so don't squander them simply so you can sit back and chortle about winning and fanboy/flamebait war.

      &laz;
      --
      when it rains, it gets real soggy. when it pours, i'm under the tap just _waiting_ for the joy
    2. Re:Completely different by Stealth+Potato · · Score: 2, Insightful

      I agree with you, but I'd just like to note that in the RIAA example, no crime has been committed either. What happens when somebody downloads music they haven't paid for is called "copyright infringement," and is a civil matter, not criminal. Come on, this is Slashdot. I thought we'd been over this a million times already. :-)

  17. Re:Google = hypocrite. by BrianRoach · · Score: 2, Insightful

    What happened to the thing about complying with laws?

    As far as I can tell, that's exactly what they're doing in both cases.

    They are complying with Chinese law in the first case (just like, oh, I don't know ... all the other US companies that do manufacturing there ... but we won't talk about that, otherwise you wouldn't be able to buy cheap goods here in the US), and in the second case they are preventing our own government from breaking US law.

    - Brian Roach

  18. About face? by bitspotter · · Score: 2, Insightful

    So, Google launches Google.cn to comply with Chinese censorship laws, but doesn't comply with with a US DoJ subpeona?

    This is getting confusing.

    1. Re:About face? by typical · · Score: 2, Insightful

      The difference is that google.cn has a filter. You may not like it, but it's not privacy-invasive.

      The US subpeona is to turn over data that users consider private.

      I'd consider it a pretty large difference.

      --
      Any program relying on (nontrivial) preemptive multithreading will be buggy.
  19. google.cn in perspective by mythz · · Score: 3, Insightful

    Man this crowd is nasty!

    Google *adds* a local search service (google.cn) to the people of China that complies with local laws and censors it results, this service is somewhat more transparent than other search engines offerings in China as it actually shows *what was censored*. Not a whisper is heard about Yahoo and MSN's local services. Now all of a sudden Google is the new poster boy of *Evil, will sell mum for a buck*, what gives??

    Do people actually know that this is an *added service* and that the exact same google.com that was available to the Chinese people before, that was behind 'The Great Firewall', slow and unresponsive and not accessible 10% of the time - is still available?

    Does anyone know what the people of China (who are the ones affected) actually think of the new service? who finally have access to a fast, resourceful search service that we take for granted?

    God dammit people we are complaining about a *FREE* service, that people can choose to use on their own accord. If it actually gets used it's because that it provides better experience than the google.com offering.

    Since then anything good they do that benefits us all - fighting for our privacy, hell they even told AT&T and Verizon to stick their cyber extortion plan (which if enforced would benefit them in the long run), is overshadowed by one of their *FREE* services.

    I don't know about the rest of you but I haven't paid *a cent* to Google yet use their services daily. (google.com, maps.google/Google Earth, Google Talk, Gmail, Google Groups, Google Desktop). For me they are still the same *Do no evil* company that existed when they only had one *FREE* service.

    Some people need a hobby.