more on Subpoena for 1 million random web searches

[David Farber <dave () farber net>]

Begin forwarded message:

From: Steven <stevenstevensteven () yahoo com>
Date: January 20, 2006 2:59:50 PM EST
To: dave () farber net
Subject: RE: [IP] Subpoena for 1 million random web searches

I understand that the government requested random web search data  
from four
companies, and that three have already provided the requested  
information.
Did these other companies research the legal merits of the government's
request before complying, or did they simply acquiesce?  If the  
latter, then
should we not also be discussing corporate complicity and the merits of
continuing to utilize the services of these other three companies?

Steven Hertzberg


-----Original Message-----
From: David Farber [mailto:dave () farber net]
Sent: Friday, January 20, 2006 11:41 AM
To: ip () v2 listbox com
Subject: [IP] Subpoena for 1 million random web searches



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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