Subpoena for 1 million random web searches

[David Farber <dave () farber net>]

Begin forwarded message:

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

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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