Thursday, January 26, 2006

U.S. subpoena of Google searches

The NY Times notes that there is a non-privacy-related concern in the subpoena that Google is fighting, one which had briefly occured to me, but with some exposition seems quite probable. Google is concerned that the subpoena would harm Google by compromising their trade secrets. This argument, not the privacy one, is why the ACLU has come out on Google's side. While much of the talk has been of violation of privacy, the subpoena seems to be more objectionable on a "crown-jewel trade secrets" argument. The privacy issue is still valid in other instances. The Times reports:
As recently demonstrated by disclosures of surveillance by the National Security Agency and secret inquiries under the USA Patriot Act, the government is aggressively collecting information to combat terror. And even in ordinary criminal prosecutions and in civil lawsuits, Internet companies including Google routinely turn over authentically private information in response to focused warrants and subpoenas from prosecutors and litigants.

The two issues should be separated, but each has merit.

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