Google refuses to release information to Feds
According to the Mercury News, the Bush administration is asking for a court order to get Google open their database of search records to Federal inspection. The reason given? The government is trying to show a pattern of searches for pornography in an attempt to prove Child Online Protection Act is the only way to protect children from sexual material on the Internet:The government argues that it needs the information as it prepares to once again defend the constitutionality of the Child Online Protection Act in a federal court in Pennsylvania. The law was struck down in 2004 because it was too broad and could prevent adults from accessing legal porn sites.
However, the Supreme Court invited the government to either come up with a less drastic version of the law or go to trial to prove that the statute does not violate the First Amendment and is the only viable way to combat child porn.
As a result, government lawyers said in court papers they are developing a defense of the 1998 law based on the argument that it is far more effective than software filters in protecting children from porn. To back that claim, the government has subpoenaed search engines to develop a factual record of how often Web users encounter online porn and how Web searches turn up material they say is "harmful to minors."
The request for information is very broad: the Bush administration wants a million random Web addresses and records of all Google searches from any one-week period. It isn't clear if Google would agree to a more focused request of searches related only to pornography keywords or if the government will be restricted from using the information gathered in other contexts.
Apparently other search engines rolled over without a fight, making Google the only holdout of note.
However, the Supreme Court invited the government to either come up with a less drastic version of the law or go to trial to prove that the statute does not violate the First Amendment and is the only viable way to combat child porn.
As a result, government lawyers said in court papers they are developing a defense of the 1998 law based on the argument that it is far more effective than software filters in protecting children from porn. To back that claim, the government has subpoenaed search engines to develop a factual record of how often Web users encounter online porn and how Web searches turn up material they say is "harmful to minors."
The request for information is very broad: the Bush administration wants a million random Web addresses and records of all Google searches from any one-week period. It isn't clear if Google would agree to a more focused request of searches related only to pornography keywords or if the government will be restricted from using the information gathered in other contexts.
Apparently other search engines rolled over without a fight, making Google the only holdout of note.