Intellectual Property Law

Internet search company Google has refused to hand over potentially millions of search engine records in response to a government subpoena seeking the information as justification for its fight against online child pornographers.  Highlighting the all-important perception of internet privacy, the significance of Google?s search engine trade secrets and the value of online databases to the government, Google is now facing a lawsuit brought by the Department of Justice for Google's refusal to comply with the subpoena.  According to news reports, the government is seeking internet search results and the corresponding data for a one week period of time, which could potentially include millions of queries.  The government is also looking for one million randomly selected web addresses from Google?s databases, all in an effort to provide a factual basis for justifying an online pornography law that the Supreme Court struck down on free-speech grounds.

Google?s competitors Yahoo, MSN, and America Online all complied with a similar subpoena in some manner, although they claim they did not reveal any personally identifiable information about their users.  While Google has acknowledged that the request (which the government narrowed after resistance from the search engines) does not directly implicate privacy issues because the data would be aggregated, Google is resisting partly on grounds that turning over the data might create a public perception that it would readily provide personal information, if asked.  Privacy advocates applaud Google?s stance while pointing out that Google and other internet providers routinely provide personal information to law enforcement officials who ask for records of online activity when in ?hot pursuit? of specific criminal suspects.  In contrast, privacy advocates view this subpoena as a broad ?dragnet? more akin to a fishing expedition, and another step toward erosion of Fourth Amendment rights. 

Will Google?s stand survive judicial scrutiny?  Stay tuned.

Today's Blogger:  Nan Joesten