By Anne Broache, 20 March 2006 09:20
NEWS
In a move that alleviates some privacy concerns, a federal judge granted part of a Justice Department (DoJ) request for Google search data but said users' search queries were off-limits.
The 21-page order, issued Friday in San Jose, California, by US District Judge James Ware, represented little change from his stance at a hearing earlier this week.
Ware had indicated he would grant the US Justice Department access to a portion of Google's index of websites but said he was hesitant to ask for users' search terms because of worries about the perception by the public that what they type into Google.com is subject to government scrutiny.
Ware said in his Friday order that the government demonstrated a "substantial need" for Google's random URL sample, which it plans to run through filtering software to test the software's anti-pornography filtering prowess as the DoJ prepares to defend a child-protection law in court. But the DoJ did not meet that standard regarding search queries, Ware said.
He noted that 50,000 URLs must be turned over, unless both parties agree to an alternative scenario on or before 3 April.
Neither Google nor Justice Department representatives could be reached immediately for comment on Friday.
Google associate general counsel Nicole Wong said in a post on the company's blog on Friday evening that the search giant would comply "fully" with the judge's order. She wrote: "What his ruling means is that neither the government nor anyone else has carte blanche when demanding data from internet companies," calling it "a clear victory for our users and for our company".
The decision drew cautious praise from a privacy advocate.
Beth Givens, director of the Privacy Rights Clearinghouse, said: "It's a well-reasoned decision, and it does minimise privacy and civil liberties implications."
Givens went on to say that she still doesn't think the government needs Google's data: "They can design a research study that would accomplish much the same. It's a bad precedent for the government to be strong-arming search engine companies for such sensitive data."
CNET News.com's Declan McCullagh and Elinor Mills contributed to this report
Anne Broache writes for CNET News.com
Comments
There are 8 comments. Join the discussion
1. anonymous
A competent government could find those 50,000 vital URLs without being led by the hand.
2. anonymous
If the Govenment can get it's foot in the door to our privacy then we have lost all that we have fought for the last 200 years.
Our Consitution guarantees us total freedom not a negotiated freedom.
3. Dave waiting for the knock.
Shame on Google! Shame on the government. This is just the beginning.
Paranoia? Big Brother? We are talking a dangerous ultra right wing American government here. They will never pull out of the middle east, therefore terrorist will never leave them alone, therefore the "means to defeat terror" will expand in leaps and bounds into the world of individual privacy. Let the witch hunt begin.
4. no victory, no loss
If the govt created a dummy telemarkiting company and paid the fee to the search engin company then all the information they wanted would be made available. The search engine company maintains the information so they can use it to improve marketing products and services. Any search engine company will sell the information in question to anyone that is willing to pay the fees. there is no victory or loss here.
5. anonymous
When you re as big and tough as the Feds you can do as you please?
Surprises are due next election day!
6. Jamie
Glad to hear that out of the search engines i use Google stood up for the people that use them i have used google since i've started using their maps yahoo, aim, and msn and all you other guy's that crumbled like a cookie you guy's suck and the goverment needs to stay out of peoples backyards the only exeption i see is the perverts looking and or showing the kiddie porn find them and burn their asses
7. Jadie S
Such a sad state affairs. First theres no weapons of mass destruction, then Bush declasres it ok to domestically spy on America. Now this. What's next?
8. anonymous
Jamie, dont you know that the UK & US governments have been using the 'kiddie porn' ruse to invade anything they choose for years?
You have proven their tactic. Just mention 'protecting the children' and the world (including you) steps aside for the removal of ANY computer
If they wanted YOUR PC they would just suggest they had 'reason to beleive' and even your family - whilst uttering disbeleif - would still 'step aside' and let them take it
... and if they didn't - guess what - it would be taken by force.
Welcome to democracy