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[IP] more on Subpoena for 1 million random web searches





Begin forwarded message:

From: Steven <stevenstevensteven@xxxxxxxxx>
Date: January 20, 2006 2:59:50 PM EST
To: dave@xxxxxxxxxx
Subject: RE: [IP] Subpoena for 1 million random web searches

I understand that the government requested random web search data from four companies, and that three have already provided the requested information.
Did these other companies research the legal merits of the government's
request before complying, or did they simply acquiesce? If the latter, then
should we not also be discussing corporate complicity and the merits of
continuing to utilize the services of these other three companies?

Steven Hertzberg


-----Original Message-----
From: David Farber [mailto:dave@xxxxxxxxxx]
Sent: Friday, January 20, 2006 11:41 AM
To: ip@xxxxxxxxxxxxxx
Subject: [IP] Subpoena for 1 million random web searches



Begin forwarded message:

From: Sean Donelan <sean@xxxxxxxxxxx>
Date: January 19, 2006 2:54:04 PM EST
To: CYBERIA-L@xxxxxxxxxxxxxxxx
Subject: [CYBERIA] Subpoena for 1 million random web searches
Reply-To: Law & Policy of Computer Communications <CYBERIA-
L@xxxxxxxxxxxxxxxx>

Is this the very definition of fishing for evidence. How do wiretap laws apply when you don't even know who's data you are subpoening? How does the government intend to notify the individuals their data was obtained by the
government?  If they did discover illegal activity, can they use the
randomly collected data as evidence? What is a reasonable expectation of
privacy when Google used to publically display the contents of some
in-progress searches on the wall of their corporate headquarters?
Could the government just put an agent in Google's lobby and take notes of
what appeared on the Google search wall under a form of "in plain sight"
rule?

http://www.mercurynews.com/mld/mercurynews/news/13657303.htm

   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.


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