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[IP] Justice Department Subpoenas Reach Far Beyond Google



http://informationweek.com/news/showArticle.jhtml?articleID=184401156

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From: TClaburn@xxxxxxx
Date: March 29, 2006 7:37:47 PM EST
To: dave@xxxxxxxxxx
Subject: For IP: Justice Department Subpoenas Reach Far Beyond Google

Justice Department Subpoenas Reach Far Beyond Google
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By Thomas Claburn
InformationWeek
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Mar 29, 2006 06:00 PM


In its effort to uphold the 1998 Child Online Protection Act (COPA), the U.S. Department of Justice is leaving no stone unturned. Its widely reported issuance of subpoenas to Internet search companies AOL, MSN, Google, and Yahoo is just the tip of the iceberg: The government has demanded information from at least 34 Internet service providers, search companies, and security software firms.


Responding to a Freedom of Information Act request filed by InformationWeek, the Department of Justice disclosed that it has issued to subpoenas to a broad range of companies that includes AT&T, Comcast Cable, Cox Communications, EarthLink, LookSmart, SBC Communications (then separate from AT&T), Symantec, and Verizon.


Asked which companies objected to, or sought to limit, these subpoenas,
Department of Justice spokesperson Charles Miller declined to comment because
the litigation is ongoing. He also declined to comment on utility of the
information gathered by the government.


The documents presented to InformationWeek reveal that some companies did object to the government's demands. In an E-mail sent to the Department of Justice last July, Fernando Laguarda, an attorney representing Cablevision Systems Corp., characterized some of what the government was asking for as "overly broad,
vague, ambitious, and unduly burdensome."


In a letter sent to the Department of Justice in August, Joseph Serino Jr., an attorney representing Verizon, voiced similar objections. However, he clearly
states that his objections are routine and intended protect the company.


The one exceptional objection he cites has to do with the sensitivity of the information sought. Serino said Verizon Online is concerned that documents might be forwarded to people working for entities hostile to Verizon Online, or suing the company, including the Justice Department itself, and the American Civil
Liberties Union.


Verizon did not respond to requests for comment.


The subpoenas were issued between June and September, 2005. Beyond AOL, MSN, Google, and Yahoo, the only other search engine subpoenaed was LookSmart.


It's likely, however, that the government's interest in LookSmart stems not from the company's search engine but from its ownership of Internet content filtering
software company Net Nanny.


LookSmart declined to comment about the information it was asked for and the
information it provided. EarthLink likewise declined to comment.


The bulk of the subpoenas were directed at Internet service providers and makers of content filtering software. The effectiveness of filtering technology is a critical issue in the COPA case. If the Department of Justice can prove that filters fail to shield minors from explicit material online, COPA may well be
reinstated.


The full list of companies subpoenaed by the Department of Justice includes: 711Net (Mayberry USA), American Family Online, AOL, ATT, Authentium, Bell South,
Cable Vision, Charter Communications, Comcast Cable Company, Computer
Associates, ContentWatch, Cox Communications, EarthLink, Google,
Internet4Families, LookSmart, McAfee, MSN, Qwest, RuleSpace, S4F (Advance Internet Management), SafeBrowse, SBC Communications, Secure Computing Corp.,
Security Software Systems, SoftForYou, Solid Oak Software, Surf Control,
Symantec, Time Warner, Tucows (Mayberry USA), United Online, Verizon, and Yahoo.


...

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