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Google Avoids Surrendering Search Info

Mercury News has details of a San Francisco judge's decision that Google should give the DoJ some details on its search engine, but is not required to turn over records to the government. From the article: "McElvain emphasized the study would be more meaningful if it included search requests processed by Google, which by some estimates fields nearly half of all online queries in the United States. Ware concurred with the Justice Department on that point, writing in his order that 'the government's study may be significantly hampered if it did not have access to some information from the most often used search engine.' But Ware said the government didn't clearly explain why it needed a list of search requests to conduct its study, prompting him to conclude the Web site addresses would be adequate." Reaction to the news is available on the Google Blog.

53 of 226 comments (clear)

  1. Can't Troll the E-Water by fatduck · · Score: 5, Interesting

    So the government isn't allowed to troll the personal information of every American without the slightest probability of cause? What happened to the "If you're not a terrorist, you have nothing to hide" doctrine?

    --
    Making you think you're crazy is a billion dollar industry.
    1. Re:Can't Troll the E-Water by DavidHOzAu · · Score: 5, Funny

      That also means that the judge is either human or must've had a bit of common sense. In other news, this unfortunate oversight on the part of the judicial system will no doubt soon be corrected.

    2. Re:Can't Troll the E-Water by slavemowgli · · Score: 4, Insightful

      Common sense? That's actually exactly what I find to be severely lacking on the judge's part in this case. If he *really* had some common sense, he would've said, in essence, "there's no legal basis for requiring Google to hand out *any* data if there's not a criminal investigation going on, so go away, n00bs".

      If the government demanded that you pay an extra 1000 USD in taxes even though there's no legal reason for them to ask for that, and if a judge then decided that 1000 is too much but that 500 is OK, would you also say that's reasonable? Of course not. There's no middle ground here - you either stick to the law or you don't. Sadly, in this case, neither the government nor the judge did; the former's not surprising, of course, but the latter is.

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      quidquid latine dictum sit altum videtur.
    3. Re:Can't Troll the E-Water by ionpro · · Score: 3, Informative

      Google didn't contest the information they were required to hand over. It was a random sampling of 50,000 webpages from their database of billions, not tied to any particular search term. That's the reason the judge had no problem in letting the government have it.

    4. Re:Can't Troll the E-Water by jadavis · · Score: 3, Informative

      Conservative justices are generally thought to be strict constructionists. That would imply that they would assume the government did not have the power to request that unless it was spelled out in the Constitution.

      From watching John Roberts a little, I would classify him as a strict constructionist, but not nearly like Scalia or Thomas. Alito, I just don't know.

      The justices that are more likely to side against GOOG would be someone like Kennedy or Souter. But that's just my prediction.

      The big secret is that Scalia and Thomas are the friends of liberals and conservatives alike. Of course they are an enemy to the Democrats, but a friend to anyone with libertarian leanings. Remember Kelo vs. New London where a local government tried to use Eminent Domain to take property from the individuals and transfer it to a private company? The justices that voted against it (minority) were: Rhenquist, Scalia, Thomas, and O'Connor. The justices that thought that a private company should be able to take away land from individuals for private benefit were: Souter, Breyer, Stevens, Ginsberg, and Kennedy.

      --
      Social scientists are inspired by theories; scientists are humbled by facts.
  2. Google bravely refuses the Bush Administration's by Brian+Stretch · · Score: 3, Insightful

    request that it turn over anonymous search data for some lame research project.

    But they roll over when the ChiCom dictatorship orders them to censor democracy.

    Color me not impressed.

  3. good or bad it is none of their business by Drache+Kubisuro · · Score: 5, Interesting

    Now we just have to fight "if you're not doing anything bad, you've nothing to hide" -- in a country such as ours, that is heresy against our constitution and the people who live under it. Our general need of having privacy and not being exposed to the world is a natural one and must be protected at all costs. Those who seek to undermine this principal are very treacherous indeed.

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    -Drache Kubisuro
    1. Re:good or bad it is none of their business by Elemenope · · Score: 5, Insightful

      The easy and obvious counterargument to the 'you have nothing to hide' line is to point out that it should not be required of a citizen to explain their daily actions on the basis that they look suspicious, as we each do a dozen things every day that could seem out of context to be nefarious or at least odd. The trick is to convince those who actually write this legislative crap.

      Somebody ought to surveille every member of Congress for a week or so, and then e-mail them pointed questions about the footage (even if there is nothing untoward, innocuous actions can look suspicious, and of course that's the whole point), and then cc the footage and the questions to a local news outlet...that'd dampen the legislative hankering for citizen surveillance tout suite.

      --
      All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
    2. Re:good or bad it is none of their business by Keebler71 · · Score: 2, Insightful
      Now we just have to fight "if you're not doing anything bad, you've nothing to hide" -- in a country such as ours, that is heresy against our constitution and the people who live under it.

      How can this be against the constitution if no ones rights are being violated? The government is not seizing data, they are subpoenaing it - a legal process clearly within the framework of our legal system . The real question is whether or not the government has a genuine need for the data in support of its case.

      Our general need of having privacy and not being exposed to the world is a natural one and must be protected at all costs.

      Whose privacy is is being violated and who is being "exposed" by google turning over search terms that are not in any way linked to an individual or ip address? Never mind the fact that like it or not, there is no right to privacy in the consitution.

      If google cared one iota for the rights of its users, it wouldn't be censoring the search results of Chinese users. I suspect that google's resistance to this subpoena is two-fold: they clearly don't like the general public to precisely how much information about our browsing habits they retain and secondly, they are probably (rightly) worried that the type of information the government wants could enable their competitors to have insight into how their algorithm works.

      --
      "It takes considerable knowledge just to realize the extent of your own ignorance." - Thomas Sowell
  4. Study without having a reason? by Jump · · Score: 3, Interesting

    But Ware said the government didn't clearly explain why it needed a list of search requests

    Tell me what you search for and I tell you who you are. Kind of obvious what they need this for. I wonder why they do not even come up with a fake reason to hide their true intentions. Are people already considered THAT dumb?

  5. Re:Google bravely refuses the Bush Administration' by Fanboy+Troy · · Score: 2, Interesting

    Well, yes. Google denied giving over information that would be considered a breach of privacy for citizens all around the world to a government that is considered bad all over the world. And I'm not talking about China here. And it is censoring searches in China but at the same time not limiting the people's ability to 'out-smart' google and eventually find what they want about 'tiennamenn square'. So, the coloring part is right to the point. ;)

  6. Re:Google bravely refuses the Bush Administration' by fatduck · · Score: 2, Interesting

    First of all, lame research project is a rather mild way to describe allowing the government to legally data mine America's online usage. If you think anonymous data is "useless" or "lame" you may want to take a look at google's business model and an even harder look at their current market capitalization. Not to mention that once a judge allows the government access to an unlimited amount of anonymous data it becomes a precedent for future hearings on subpeonas for say two or three people's full search/URL history.

    --
    Making you think you're crazy is a billion dollar industry.
  7. Why should they get anything by aussie_a · · Score: 5, Insightful

    I'm a little confused why Google should legally be required to give the government anything. The government wants to do a study. Great. They can ask (or perhaps even offer to pay) for information they need, but why should they be able to get whatever they want, for nothing? Has Google commited a crime? Are they searching for evidence for a specific crime? Will the data they get from Google be used in any ongoing investigations? If no to all of the above, why should they get some information? They want to do a study, so what? Why should that mean Google has to give them anything it doesn't want to?

    1. Re:Why should they get anything by Datamonstar · · Score: 5, Insightful

      Tell me about it. I want to do a study on how currency is made, so the US treasury should allow me private access to official printing plates, inks and paper used in the process of printing money. My tax dollars helped to purchase the printing facilities and equipment and I'm certain to own some of the money printed in such facilities in the near future, so why shouldn't they aid my research by allowing me access to the materials I need?

      --
      The eternal struggle of good vs. evil begins within one's self.
  8. DoJ Note to self. by abhisri · · Score: 4, Funny
    "In future if you need a list of website, it will be easier to code a webspider than going around suing search engines".

    heh!

    1. Re:DoJ Note to self. by xiando · · Score: 4, Informative

      "In future if you need a list of website, it will be easier to code a webspider than going around suing search engines".

      It would be great if that was anywhere even remotely close to true. As pointed out in another post and in an article I wrote in January, Yahoo, Microsoft and America Online all turned over the records asked for without question. Google was the only one who actually put up a fight... Think about it. Only one of all the corporations asked for records refused. The rest "bent over" immediately.

  9. Thank god for small favors. by Matilda+the+Hun · · Score: 4, Interesting

    Could you imagine the implications if they had to turn this data over? Every minor study in the country would be trolling Google for user information. It would all be to "protect the children", of course. Nice to see a judge with a brain stem for the first time in awhile. Of course, no doubt soccer moms and politicians angling for reelection'll be complaining about this for awhile. "Google hates kids and supports child pornography!"

    I can't wait. Talk about your no-win scenarios.

    --
    Tluin natha Linux xxizzuss uriu olt bwael mon'tun.
  10. Re:Before you Sensationalists Get Riled Up by magores · · Score: 5, Insightful

    The government doesn't do wiretaps.

    It doesn't hold people without a trial.

    It doesn't start a war without obvious cause.

    It doesn't enrich the friends of the politicians.

    Oooh.. Looky Looky! Look at that shiny thing over THERE.

  11. What I don't understand is by troll+-1 · · Score: 4, Insightful

    How can George Bush get a subpoena in the first place. It's seems odd that a president can compel the private sector to divulge information in the pursuit of political policy.

    Plus this is from the Executive branch which doesn't even make the law.

    Let Congress pursue this if it wants. It has the responsibilty of making the laws, not the president.

    The Constitution gives the president authority over the military and cabinet; the power to grant pardons and make appointments. And thats about it. Not sure where the Executive is coming from with this crap.

  12. Awful just awful.. by t_allardyce · · Score: 4, Funny

    Why does Google hate children? Its not just that, The DoJ is trying to protect everyone from pornography why would anyone want to stop them? People this is one of the most morally destabilizing sins since attacking Americans and we should be adopting the approaches used in the Middle East particularly: Monitoring of all internet access by faith-based guides, gouging of eyes, and strict dress codes that stop the urge in the first place. Google I hope you're happy for all the lives you've destroyed through facilitating this evil.

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    This comment does not represent the views or opinions of the user.
    1. Re:Awful just awful.. by varmittang · · Score: 4, Insightful

      Because you don't have the right to tell others what they can an can not do. As long as they are not hurting someone else, everyone should be able to go about their business. Its peoples right to privacy in how they find porn, via using google or MS search is what is at steak here, not the children. The conservitive right, I think, is what is pushing this DoJ to do this in hoping to get what you want, porn off the internet. But let me tell you this, if it wasn't for porn, there would be a lot of technology that might not have taken off. DVD, internet streaming of video, probably all would have died and be forgotten. Now if this is a funny rant, you got me, but I really think you mean what you say.

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    2. Re:Awful just awful.. by tinkertim · · Score: 4, Funny

      >> The DoJ is trying to protect everyone from pornography

      That's not why we (the people) created the DOJ.

      >> People this is one of the most morally destabilizing sins since attacking Americans

      Child pornography has been around loooooooooong before that happened.

      >> we should be adopting the approaches used in the Middle East particularly: Monitoring of all internet access by faith-based guides

      Church and State separation prohibits that. In that other (ironically) faith based doctrine we call the Constitution. However that one is where we, the people put our faith in our government.

      >> gouging of eyes, and strict dress codes

      Jeb, is that you?

      >> Google I hope you're happy for all the lives you've destroyed through facilitating this evil.

      You have a (semi) valid point. Google does not facilitate it, humans do. Humans work at Google, and more of them (ought) to be seeing exactly what is in their index and what they make easy to find. So should every other SE on the Internet.

      Our legal system permits the DOJ to subpoena *any* individual's records if they can show probable cause for use in any trial aiming to convict a sex offender, and Google has complied with such in the past. What the DOJ is doing is called "fishing" , and its illegal, unconstitutional and unethical.

      >> Why does Google hate children?

      Awww Jeb! It IS you!

  13. If google was smart... by MMC+Monster · · Score: 3, Funny

    Instead of emailing the URLs requested by the DOJ, they would hand-write them on paper and send them by mail. Preferably hand-written by 50,000 different people, of course.

    There is no reason to make this easy for the government.

    --
    Help! I'm a slashdot refugee.
    1. Re:If google was smart... by fatduck · · Score: 2, Insightful

      The text of the subpoena specifies the allowable media upon which the requested information may be provided. I'm guessing "handwritten on table napkins" isn't on there.

      --
      Making you think you're crazy is a billion dollar industry.
  14. Re:Google bravely refuses the Bush Administration' by Moflamby-2042 · · Score: 2, Insightful

    Google doesn't make the information disappear entirely. It doesn't "lie" in this sense. The crucial and great aspect of google censoring links is presenting an annoying tag saying in effect 'this search has broken links due to censored content'. This type of notification upsets people since they're effectively treated like children by people in power but otherwise the same as them. Why should anybody see this information when others can't, even simply to censor it to begin with?

    Censoring but tagging upsets people. Upset people cause change in the long run when they take action to correct it one way or another. Either the regional rules will change, or people dodge the rules in various ways (such as an encryption/tech vs. communication law/network isolation/spy law arms race until somebody wins). It's far more subtle, though perhaps less satisfying than a "no-censorship or the highway" style standoff, and it's effective.

  15. What's the difference between Google and the Gov't by tjstork · · Score: 5, Insightful

    People have no problem forking over all of their personal information to the private sector. Credit card companies know what you buy and where. Amazon has statistical models that identify (often correctly), books you might like when you buy another book. Even power companies have models that can generally predict your power usage patterns by demographic and weather forecasts. But, oh, no, if the "government" gets all this stuff, its the end of the world. Ironically, denying the government access to information already freely shared in the corporate world only stacks the deck towards giving corporations the upper hand over government.

    --
    This is my sig.
  16. Re:What's the difference between Google and the Go by bsane · · Score: 4, Insightful

    Ironically, denying the government access to information already freely shared in the corporate world only stacks the deck towards giving corporations the upper hand over government.

    Maybe you weren't aware, but corps only have the power that the government lets them have. The government is vastly more powerful than any coporate entity and has essentially unlimited resources. If you make a list of organzations to be wary of the government is _always_ at the top of the list. The only thing that holds them back is accountability to the people (I won't debate how well that works ;-) )

  17. Re:What's the difference between Google and the Go by Anonymous Coward · · Score: 5, Insightful

    The private sector, at worst, sends you some junk mail and tries to sell you something. If they've processed their data correctly, then you probably are interested. The worst that can happen is that they don't process their data correctly and you get offers on stuff you're not interested in.

    The government, on the other hand, can do a lot worse than send you some poorly-targeted advertisements. Being targeted as a potential terrorist can do tremendous damage to your life. You could lose your job, be incarcerated (without trial, incedentally), and possibly get your face blasted across the news.

  18. Note to DoJ by ChristopherX · · Score: 4, Informative

    If you want to determine if filters are protecting children from porn... 1. Go to google.com, search for "porn", etc. 2. Click on the first 1000 results to determine if each is evil. 3. Turn on your filtering software. 4. Go back to step 1, repeat for each filter you are interested in. Alternatively, waste tax payer money and look like an ass by paying lawyers to try to bully information out of private companies.

  19. International concern? by Don_dumb · · Score: 4, Insightful

    What I want to know is - Is there anyway that the government can use this and will get information (ie search requests) that is formed by people in countries other than the US.
    i.e. not just getting info on its own citizens but on those from abroad simply because they may have used Google.com as opposed to Google.fr

    It would clearly mess up the stats for the research wouldn't it.

    --
    If this were really happening, what would you think?
  20. The Frustration of the New American Way by dada21 · · Score: 4, Insightful

    Google's last line in their blog is really frustrating to me:

    When a party resists an overbroad subpoena, our legal process can be an effective check on such demands and be a protector of our users.

    The checks and balances system has failed us completely. To resist an overbroad subpoena, one must have both incredible financial strength as well as incredible legal strength. Companies much smaller than Google don't have either -- and the courts seem to accept any growth in government strength as a new standard whenever a smaller company just gives in to government requests.

    This country was founded on an idea that the Federal government was to be set up to promote the general welfare of the people -- not by making a police state nor a welfare state. The Federal government was here to protect the rights of the people by making sure that the individual states didn't trample on these rights. Beyond that, the Federal government was given a few BASIC powers over the people and the state -- very very basic powers.

    National security was a power for the government in its ability to defend the borders and call up the militia to keep out intruders. National security was NOT about policing the citizens of the country, this was left to the individual states to decide what is criminal and what is acceptable.

    I am very mad that the average citizen doesn't see what has happened. Instead of having a federal government with very limited powers -- which can't be controlled by any amount of money -- we have a federal government with unlimited powers controllable by the highest bidder. If the highest bidder has any reason to restrain government, they can do so with the right legal aid. Yet the common man (the minority of 1) -- the most important facet of a free system -- has no power to do anything but fall victim to the wants of the masses. If the masses are ignorant, the minority of 1 will find themselves without any rights because no one came to their aid.

    This has nothing to do with money, mind you. This only has to do with a federal government that is no longer a servant but a master, and the belief of the citizens that they're still able to stop Leviathan through voting.

    1. Re:The Frustration of the New American Way by mabu · · Score: 2, Insightful

      I like your diatribe, however, ironically, you are part of the problem, like in a larger sense, all of us are.

      You have a gmail address. You use the services of these big companies. The consolidation of corporate America into a small OPEC-like coalition of PACs is what allowed the eradication of the Fairness Doctrine to go down in the 80s without even a whimper, the emasculation of journalists and political candidates, bringing about the scenario where the people don't feel they have much power to effect change or stand up for their rights. And ultimately, merely as a symptom of its submission to big business, your fixation with Government's negligence in protecting the rights of the people.

      If you want to really fix things. You have to stop feeding the behemoths. Microsoft, Comcast, Google, Fox, Time-Warner, Sony, Wal-Mart, Clear Channel, etc. The bigger these companies become, the less chance any of us have of protecting our individual rights.

      When you're dealing with small companies, you're dealing with people who are more in touch with their nature of their business, industry and their customers. When you deal with big corporations, it's a hyper-detached hierarchy of people whose primary concern has nothing to do with fairness and everything to do with keeping their job. Google's decision to fight "for the privacy of their customers" is a load of bullshit. It was strictly a PR move. If Google really respected their customers' privacy, they wouldn't retain personal information indefinitely, so it is an inevitability that Google will eventually, completely compromise the trust and privacy of their clientele. The bigger the company becomes, the less authority anyone has with any conscience to "to the right thing." Look at history. You will not find a single example of any entity with market share or absolute power that didn't end up completely corrupted. Why people think that Google will be any different, or their surprise at the government's inconsistent motives, is a testimonial to how naive our society has become.

      If you don't like the direction in which things are going, then don't feed the beast.

  21. Re:What American has been incarcerated without tri by fatduck · · Score: 2, Insightful

    How many non-Americans have been incarcerated without trial? Who knows, it's classified! The U.S. government reaches far beyond our borders, as does Google.com.

    --
    Making you think you're crazy is a billion dollar industry.
  22. Re:What's the difference between Google and the Go by jtwJGuevara · · Score: 3, Insightful

    The private sector does not have the ability to interrogate/arrest me for owning a copy of _________ (insert any controversial book here), or the ability to interrogate/arrest me by querying a search engine for something like "join jihad" (if I were insterested in how militant muslims would go about doing so).

    Your version of mal-intent by coroporations is one thing - they want to brainwash me into buying their products so their wallets become fatter. That doesn't even hold a candle to the mal-intent a government could achieve by possessing the same info.

  23. Re:What's the difference between Google and the Go by Fnkmaster · · Score: 3, Interesting

    As much as I dislike the amount of information that many companies collect on me, at least I can sleep comfortably at night knowing that companies are quite predictable in how they act and what they do - they generally act to maximize profits and accrued value to shareholders. So companies will probably abuse my information in predictable ways, trying to spam me and sell me crap. Additionally, companies are still restricted to some degree by laws set by the government, and by excessively bad PR, which prevent them from some of the most egregious abuses of my privacy imagineable.

    The government, on the other hand, is not terrible resource-constrained, lacks the profit motive and instead generally is run by bureaucrats and their institutional imperative to maximize their own power and importance in the world, and politicians seeking to score populist brownie points. This means it can be reactionary, illogical and unprofitable, while seeking to maximize control and power for itself, and suppress those it sees as a threat.

    As somebody pointed out, the only thing that constrains this beast is accountability through the electoral process for politicians, and the fear of losing their jobs for bureaucrats.

    In short, I think I am right to be far more distrustful of the government having oodles of personal data to mine as it pleases than any corporation.

  24. Anyone own a printing company? by tinkertim · · Score: 2, Funny

    When Desert Storm hit, Americans rallied and made Saddam toilet paper.

    When 9/11 hit, we made Usama Bin Laden toilet paper.

    Someone ought to make this document into toilet paper, since its now officially useless otherwise :)

    It's the American thing to do :) Coming soon to thinkgeek?

    1. Re:Anyone own a printing company? by draco664 · · Score: 2, Interesting
      When Desert Storm hit, Americans rallied and made Saddam toilet paper.

      When 9/11 hit, we made Usama Bin Laden toilet paper.

      Well then, why not a combo Constitution/Bill of Rights TP roll?

      Marketing would be a breeze.

      "Now everyone at home can find out just why the Bush Administration is so keen on using these historic documents the way they have been. You too can feel the softness of that centuries old parchment as it easily wipes away all that inconvenient crud. Watch as the paper flushes down the s-bend, just like all those rights you thought you had! Buy Constitution TP today! It may just be your last chance to see it in use!"

  25. Here's an idea. by ROBOKATZ · · Score: 3, Funny

    The government should just send someone to sit in the lobby of Google where they show everyone's search requests on a giant ticker.

  26. Just a REMINDER! ..WAKE UP!! by xiando · · Score: 4, Insightful

    I wrote a story about this late January. Let me quote myself to remind ya'all of some important insights into this story:

    "While Google is reacting to the government request by refusing and resisting, other "leading search engines" seem less eager to protect their users right to privacy.

    It should be pointed out that:

    * Yahoo,
    * Microsoft and
    * America Online

    have all turned records over to The Bush administration."

    Be very aware of this. Google is the only search engine who put up a fight on this issue! The other "leading" search engines willingly, without question, handed over all information asked for. Google in their glory avoided giving out information, the rest didn't even put up a fight. Your Google searches may be protected - for now - but the rest of your searches are now "safe" in the hands of the US Justice Department.

  27. Re:What American has been incarcerated without tri by thrillseeker · · Score: 2, Insightful
    Perhaps you could spend a few seconds learning about a subject before you spout the party line of ignorance.

    People who engage in warfare against the US (or other signatory countries) and are not in the uniform of a nation that has subscribed to the Geneva Convention are not entitled to any of the protections agreed under that convention. If found under arms with terrorists then they too are considered terrorists until such time as the Government determines what they wish to do with them. They are to be treated humanely in US prisons - and yes, I know some were not treated so in Abu Ghareb - those who mistreated them are being held responsible. Humane treatment does not mean they may not be deprived of comfort in an effort to coerce them into divulging information of intelligence value.

    Military tribunals are authorized by the US Constitution. Military officers are college educated with multiple graduate level educational opportunities after commissioning - they are knowledgeable of the environments and situations that detainees were captured under. If a jury is involved, military juries have the ability to question witnesses themselves (through the judge) and do not have to rely blindly strictly on which attorney has the greater gift of gab. Many people on learning how the military justice system works have come to believe that if one is innocent it's better to be tried by a military jury - and conversely if one professes to spend the rest of his life looking for the "real killer", then you'd probably want to be tried by a civilian jury.

  28. Not exactly a "study" by Beryllium+Sphere(tm) · · Score: 2, Interesting

    The government is defending the Child Online Protection Act against constitutional challenges. If you're in a court case you can compel people to come and testify, or simply force them to produce documents with relevant evidence, which is what the government claimed to be doing. If you overreach the judge can slap you down, which is what happened here.

  29. Quibble on a side issue by Beryllium+Sphere(tm) · · Score: 3, Informative

    >The Federal government was here to protect the rights of the people by making sure that the individual states didn't trample on these rights.

    The idea of the federal government protecting people from the states is a post-Civil War innovation. Reading the Federalist Papers is an eye opener. The Founders actually envisioned the exact opposite, that the central government couldn't trample the people's rights because the power of sovereign state governments would prevent them.

  30. Re:What American has been incarcerated without tri by qeveren · · Score: 2, Funny

    "Deprived of comfort", is that the new military euphemism for "tortured"? I'm finding it hard to keep up, but then I've been lost ever since "collateral damage".

    --
    Don't just stand there, get that other dog!
  31. Who is going to sue the other search engines? by rew · · Score: 3, Insightful

    Instead of about google, the story should now turn to the other search engines: They apparently turned over "personal data" to government people who didn't have just cause!!

    I'd be seriously upset if my search engine would give my personal data to just anybody who doesn't have the right to such data.

  32. Re:What American has been incarcerated without tri by grizzlo · · Score: 2, Insightful

    No, don't be silly... they just took away their high thread-count sheets and artisan olive oils, and forced them to drink -- shudder! -- domestic beer.

    That's all... it certainly wasn't the case that people at the top of the US Government knew exactly what was going on at prisons such as Abu Ghraib, and in fact ordered it, no matter what you may have heard from dozens of soldiers who were actually there.

  33. Re:Thank god ... (P2P search engines) by mikael · · Score: 2, Informative

    Could you imagine the implications if they had to turn this data over? Every minor study in the country would be trolling Google for user information.


    And developers would probably write their own P2P web search engines. Napster did the keyword search for mp3 files. It would be trivial to modify this for web page searches - each filename would be replaced by a keyword string, while spider searches would be implemented through distributed processing.

    If the Feds really want to find a list of IP addresses looking for a particular keyword string, all they have to do is set up a webpage with these keywords in it. For registered advertisers, google provides webpage owners to retrieve list of IP addresses and the matching keywords that made a hit to that site.

    --
    Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
  34. Re:Before you Sensationalists Get Riled Up by BasharTeg · · Score: 3, Insightful

    The feds are trying to defend their Internet child-protection law. They wanted to know how much porn is searched for on the major search engines. They asked for random search data that doesn't identify users in any way.

    So because the information is anonymous, they have a right to mine corporate owned information to attempt to resurrect a series of laws that have been repeatedly found unconsitutional? You describe porn as if it were something illegal, a problem that they are reasonably working to eliminate. And the government shares your position I'm sure. But somehow the "they're just attacking pornography" argument doesn't sway me much. Pornography involves peoples' right to explore their sexuality as they see fit, including selling video or photographs of said sexuality for the means of making money and helping other people enjoy their sexuality. The government disagrees with this protected practice (shielded by case law), and is looking for a way to implement their standard wedge method to make it impractical since they can't make it illegal. They are doing so under the guise of protecting children. This demand for "random search data" whether it is anonymous or not, is entirely inappropriate and private corporations which have rights of their own, should not be at the disposal of the government to provide them with commercial information in order to further their attempts to override peoples' rights through misrepresented over-restrictive impracticality.

    That would be like the government demanding that the credit card agencies turn over all of the charge records of a random sampling of 50,000 Americans so the government could better understand peoples' spending habits. What you've done by condoning such government abuses of power is essentially hand the government the right to "explore" all private information for the purpose of "research" so they can advance their legal agenda of chipping away at peoples' rights using the wedge method and by over-regulating businesses they don't like.

  35. Re:What's the difference between Google and the Go by killjoe · · Score: 2, Insightful

    That's not really true. The corporations pretty much control the govt. If a corporation wants something (say some oil wells in Iraq) it simply has the govt do it for them.

    Since corporations can buy and sell senators at will they have all the power the govt has and more.

    --
    evil is as evil does
  36. Google for it! by Dougthebug · · Score: 2, Funny

    Hey if the DoJ wanted to obtain information about google, why didn't they just google for it? This really should have been the response to the initial request.

  37. Plenty of legal basis by JohnQPublic · · Score: 2, Informative

    If he *really* had some common sense, he would've said, in essence, "there's no legal basis for requiring Google to hand out *any* data if there's not a criminal investigation going on, so go away, n00bs".

    You forgot the obvious "but IANAL". There is lots of legal basis for requiring Google to hand out data when there's no criminal investigation going on. In fact, there's an entire section of the Federal Rules of Civil Procedure that deals with obtaining information during a civil suit from someone who isn't a party to the suit. It happens all the time, and it's supposed to be possible.

    You can argue until the cows come home whether or not the DoJ needed the specific information they asked for, but the fact is that there is a legal basis for the decision, and under the FRCP, Judge Ware seems to have made a reasonable decision.

  38. Re:What American has been incarcerated without tri by parabyte · · Score: 4, Interesting
    You are wrong, the Geneva convention protects everybody, it was specifically amendended to include every soldier and civilian in every kind of armed conflict, except mercenaries. In a conflict, you are either soldier or civilian, there is no such thing as an "unlawful combattant". A terrorist is a civilian committing crimes if he does not wear a uniform and hides his weapons. However, if you wear a uniform and carry your gun over the shoulder, you are a soldier and may not be punished for killing enemies. And if you happen to live in some place that is invaded by foreign soldiers, you do not even need a uniform to be granted soldier statuts: if you form a spontanous militia and fight the invaders, you are also protected by the convention as a soldier, even without a uniform.

    I also don't know where you got your impression that a military tribunal is better than a civil court. Why not then substitute all courts in the U.S. by military tribunals? What would you prefer: A court where you can choose your own defender, where you can appeal in case some mistake is made by the court, where the judges are independent from the government, and where the trial is public vs. an "enemy" officer as defendent, very limited and obscure ways to appeal if any, enemy officers as judges whose comrades you might have killed, and a secret trial in some military camp where nobody you know is allowed to attend? Do you really want to rely for justice on some TV-like bold gentlemen officers with balls of steel who have to act against the will of your warmongering commander-in-chief and compromise the former decisions of your comrades to displace and detain you for years? Good Luck.

    I agree that the treatment by the U.S. military in general is not as bad how the terrorits treat U.S. soldiers or civilians, but that can not be used as an excuse to lower own standards. If you do lower the standards, you are not better than the terrorists.

    You probably are not aware how Abu Ghraib and Guantanamo have discredited the U.S. in Europe, Asia, Africa and South America. You are no longer seen as The Good Guys (TM). For many Muslims you are now the bad guys, but for your friends you are now the Guys Who Don't Stick To Own Rules and give a fscking shit about the rules of the rest of the world.

    You had the compassion and support of the world after 9/11, but you screwed up big time. Now the world looks at the U.S. troops in Iraq with a mixture of uneasiness and malicous joy, and even your best friends are investigating crimes the CIA committed in their countries or against some their citizen.

    What a stupid waste of money and lifetime. The U.S. has the most talented people in politcial and social sciences, the greatest spin doctors, economical talent, the largest secret agencies, the greatest movie makers and military power that matches the power of the combined power of military in the rest of the world, but all this seems to be worthless and even counterproductive with an administration like the current one: The reputation in world ruined, terrorism in the world flourishing, the national deficit spiralling out of control, boosting national debt to historic dimensions, and an economy based on plundering and wasting irreplaceable natural resources of the world.

    I hope the U.S. will manage to turn around 180 as soon as possible, but the whole world already will have to cope for decades with all the political, economical, environmental and social damage the U.S. have caused since the end of the cold war. The tragedy is that much of the damage done will turn out to be unrecoverable, but the sooner it starts, the better. Close Guantanamo today, and send the people there home. You will not be able to try them anyway, because all the evidence gained there will not be accepted in any court that respects the human rights.

    --
    Without order, nothing can exist. Without chaos, nothing can be created.
  39. Re:What's the difference between Google and the Go by mabhatter654 · · Score: 2, Insightful
    And that has been Google's point all along. There are research companies out there that specialize in trolling the search engines for results. There's something fishy going on here, or the DOJ doesn't understand how Google really works.

    The first case is that the DOJ is just too used to supeonaing records that they don't understand they don't have to supeona google, just plug in a PC and go to town. It could be typical Govt. power-mongering. Unless...

    Unless they are after something specifically to use at a later date in a criminal matter. One of the purposes of the orginal law was outlawing "allowing" minors to access porongrphic material. That's a huge scope for something like Google. That's the only reason for the manner they are using to get this info. The DOJ must have in their list of searches/IPs/Websites some idea which ones were entered by schoolchildren or pedophillies and want to cast the net and see just how far it goes. Are they after some kids seach that 245,786 items down has a porn site? That's the only reason I can see. Maybe they are trying to show all these search engines were "flagrantly" breaking the law. If they had search terms say lots of school children enter, they they could just enter the terms themselves and look for people trying to "trick" google into access to Kids. They had some idea of sites they'd shut down for illegal activity, they could still search Google's cache without a supeona. Unless they're after the IPs of Who searched for the illegal web sites. The whole thing stinks, and it looks like they want to use Google as "big brother" to do their law enforcement for them.

  40. Re:What's the difference between Google and the Go by Money+for+Nothin' · · Score: 2, Informative

    Credit card companies know what you buy and where.

    No they don't. Look at your statements: the individual *items* purchased are not listed. Only the merchant name (and perhaps address) is, along with the transaction price, of course.

    CC companies do not, in fact, know what specific items you are purchasing (at least not yet). Guesses can be made based on the merchant (e.g. "Big Al's Sex Toy Shop - Atlanta, GA" might tell the CC company a bit about your sex habits), but they won't know that you purchased a black, 24" triple-ended model from RubberCo...