more on Google turning search data over to Brazil court

[David Farber <dave () farber net>]

Begin forwarded message:

From: Paul Levy <plevy () citizen org>
Date: September 2, 2006 3:55:57 PM EDT
To: dave () farber net
Subject: Google turning search data over to Brazil court

Without knowing exactly what was sought and exactly what what  
provided, it is hard to comment specifically, but FWIW the right to  
anonymity that the First Amendment affords is not absolute but  
qualified.  In the area of subpoenas to identify anonymous speakers,  
for example, we have never argued that there is an absolute right to  
remain anonymous, but a qualified right that can be overcome by an  
adequate showing in a specific case.  So, we have argued for a  
process -- let the user know his/her anonymity is challenged, to  
permit adversarial opposition -- and a substantive standard that  
ensures that the person seeking to identify the speaker has a well- 
supported reason for obtaining the information in the specific case.

So, the distinction between blanket "turn over everything no matter  
how innocent" demand and a demand that is narrowly tailored to seek  
only information that is highly relevant to a specific investigation  
MAY well be a significant one.  Not a question of the First  
Amendment, of course, unless Brazil follows it, but I should think  
one might encourage US companies to strive for comparable principles  
as best they can in the environments in which they operate.


Paul Alan Levy
Public Citizen Litigation Group
1600 - 20th Street, N.W.
Washington, D.C. 20009
(202) 588-1000
http://www.citizen.org/litigation
> > > David Farber <dave () farber net> 09/02/06 3:05 PM >>>
Google Inc., which refused in the past year to hand over user search
data to U.S. authorities fighting children's access to pornography,
said yesterday that it was complying with a Brazilian court's orders
to turn over data that could help identify users accused of taking
part in online communities that encourage racism, pedophilia and
homophobia.

The difference, it says, is scale and purpose.

The Justice Department wanted Google's entire search index, billions
of pages and two months' worth of queries, for a broad civil case.
Brazil, by contrast, is looking for information in specific cases
involving Google's social networking site, Orkut.

"What they're asking for is not billions of pages," said Nicole Wong,
Google associate general counsel. "In most cases, it's relatively
discrete -- small and narrow."



<snip>


http://www.washingtonpost.com/wp-dyn/content/article/2006/09/01/
AR2006090100608.html



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