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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