Google and the Government
Resources
1. What data are the United States Department of Justice requesting from Google?
The United States Department of Justice has subpoenaed Google for results of 5,000 randomly selected search words and 50,000 Web site addresses stored in its database.
2. Why has the Department of Justice subpoenaed Google for this information?
There is an on-going effort to revive the Child Online Protection Act that shields children from online pornography. The Department of Justice is attempting to prove that Internet filtering software is an insufficient method of preventing children from accessing potentially harmful material. The government will use the searches to strengthen the testimony of one of their expert witnesses.
3. Why has Google refused to provide this information?
Google believes its users' constitutional right to privacy is violated by giving search words and Web site addresses to the Government. They state that search words may contain personal information which is protected. Google also believes that giving this information will eventually lead to more requests and, therefore, to more potential constitutional concerns..
4. Federal Judge James Ware has ruled in favor of the Department of Justice's request for information. Why did he rule in favor of the Department of Justice? He expressed some reservations about honoring this request. What are those reservations?
The judge believed that, under close supervision, the request would protect children and not violate constitutional rights. However, he stated that the words searchers use are Google's most sensitive data and that granting government access to those words particularly concerns him. He wanted users to feel confident that their searches were not under government surveillance.
5. Is the Department of Justice's request an unconstitutional violation of privacy? Why or why not?
Yes, Google's lawyers state that some of the search phrases that are randomly chosen could contain sensitive financial or personal information. It could be considered a governmental invasion of privacy. The Fourth Amendment protects the people's right to be secure in their papers and effects from unwarranted government searches. The words that people use to search could be considered "personal papers."
No, the government is asking for data that will not reveal any personal information which may violate an individual's privacy. Obtaining random search phrases and Web sites will not reveal the individual searcher. Other Web site search providers (such as Yahoo.com and MSN.com) have already provided this information. Lastly, some may argue that when you submit information on the Internet, it enters the public domain or becomes the property of the Web site you submitted it to. You have a diminished expectation of privacy at that point.
Extensions
1. Have students review Google's privacy policy at http://www.google.com/privacy.html and answer the following questions in a research paper.
- Do the search phrases you input at Google.com become the property of Google?
- Do you retain your right to privacy when you use Google's search engine?
- What personal information can Google collect from you?
- Do you allow Google to give your personal information to third parties?
