Are search results fair game in porn fight?

Federal prosecutors made a request for millions of search records from four major search engines in its defense of a controversial Internet pornography law. The investigation is part of the Bush administration's appeal regarding the Child Online Protection Act. As part of the probe, federal investigators asked for search records from Yahoo, Google, Microsoft and America Online. So far, Google has refused to comply with the government's requests, but Yahoo, AOL and Microsoft have all reportedly complied. Privacy advocates are up in arms over the idea that search results are subject to government perusal. But Yahoo and AOL both insist that, while they complied fully with the feds' request, none of the information handed over was personally identifiable. How much privacy are you willing to give up in the fight to protect children from online pornography? Is there a way to keep porn sites out of children's reach without infringing on the rights of adults?

Tug-of-war between privacy and child protection

FAQ: What does the Google subpoena mean?
CNET News.com

Privacy experts condemn Google subpoena
Reuters

How to foil search engine snoops
Wired

The day after: Points in the search trust sweepstakes
Search Engine Watch

Senators threaten new Net porn crackdown
CNET News.com

Uncle Sam wants your Google searches (and already got results from others)
Techdirt

Editorial | The allure of Google's data
San Francisco Chronicle

Feds take porn fight to Google
CNET News.com

Yahoo admits it let White House access its databases
Times Online

Editorial | Search "privacy"
Detroit Free Press

Moving past Google privacy fears and toward an industry solution
Search Engine Watch

Related audio:

Listen up
News.com reporter Elinor Mills talks with Kurt Opsahl of the Electronic Frontier Foundation about privacy and the government's Google request.

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A treachery waiting in the wings
The US DOJ is absolutely over-reaching. This sets an increadibly dangerous precedent that could be crippling to any resemblance of digital search and seizure protections as well to any assumptions of privacy among the citizens of the USA.

This sort of damage done to the US morale as a whole is far greater than the benefit of unlimited access to our data and the criminalization of parties who refuse to participate in this culling.

Every breath for liberty must echo a dissent against this sort of carte blanche absorption of private, corporate and personal data.

The government doesn't have the right to absorb every detail of its citizen's lives to single out a few. That is a dangerous road to begin.
Posted by wysiwyg22 (41 comments )
Reply Link Flag
Another reason to avoid Microsoft
Quote from the article:
"Yahoo, AOL and Microsoft have all reportedly complied. ... Yahoo and AOL both insist that, while they complied fully with the feds' request, none of the information handed over was personally identifiable."

That means Microsoft is the ONLY one that complied and turned over personally identifiable information.

I can remember when Microsoft had guts.
Posted by PorterRockwell (8 comments )
Reply Link Flag
I worry more about what Google is hiding.
If they don't keep personally identifiable information about individuals, like the other Search engines, they have no reason not to provide information that will help stop perverts pushing the exploitation of children doing porn. Does Google have more on me than they are telling me? Do they just want to use that information to exploit their business profits at the expense of me and others. That is the question that we should be asking Google.
Posted by AmericanStill (6 comments )
Link Flag
Faulty logic
The fact that MS hasn't said they didn't give personally identifiable information doesn't mean that they did. And if I understand correctly, the request wasn't for personally identifiable information, so I can't imagine that MS would have given them more than requested.
Posted by someguy389 (104 comments )
Link Flag
Microsoft's Statements
Microsoft has provided no statement. The other companies Yahoo and AOL have provided a statement. Microsoft can not be quoted as saying anything because it has remained silent over this issue.

It has also been reported that nobody provided the DoJ with their original request for information. They all negotiated it down substantially.
Posted by zaznet (932 comments )
Link Flag
Google is at fault here.
Google is at fault here. How would someone find porn on the internet - ask friends, look up in the newspaper..No! When people want to search for porn, they go to google. Google is the front door to the porn world. It would be a fair assumption to make that folks looking for child porn are primarily using search engines such as Google to find it.

Secondly, Google collects massive amount of data on users searches', and is always looking for ways to utilize that data. That data is only a legal paper away. If Google hadn't collected so much data about users, it won't be in this trouble now.

Google has had a nightmarish privacy record, and this thing could bring the company down. Fighting efforts to fight child porn ?...shame on you Google.
Posted by johnsmith2050 (2 comments )
Reply Link Flag
You have far too much confidence in government
They SAY they're fighting kiddie porn. But they're getting all kinds of information about all of us that they could be using for absolutely anything.

J. Edgar Hoover SAID he was fighting communism, but what he was really doing was trying to ruin Martin Luther King with carefully sifted information he was able to gather only because he had too much power.

Giving the government any information they think they want without any checks or accountability is a recipie for robbing all of us of whatever freedom we have left.

It's happened before.
Posted by PorterRockwell (8 comments )
Link Flag
THIS ISN'T ABOUT CHILD PORN
... if it were, the DOJ would have more sympathy.
Posted by mgreere (332 comments )
Link Flag
What is Google hiding.
We should be more worried about what Google is doing with the personalized data that they seem to be collecting than what the government would do with it. If they collected what the others collect, they would have no reason not to give it to the government to help fight child-porn. So let's quit blasting the government when we should be questioning Google about what they know about each of us.
Posted by AmericanStill (6 comments )
Link Flag
Not what the DoJ is after
This is not about child porn online. They have plenty of ways to combat that. If they do find a website hosting it, they can tell Google that indexing the information (Google makes thumbnails of pictures) is illegal and they will face charges if they do not remove it.

This is about minors using Google to find pornography. And it's not even porn, it is "anything that might be objectionable" so medical sites would also be a problem, or sites covering Intelligent Design (a theory the Bush Administration would oppose and find objectionable). The scope of this law is not specific enough, and violates many of our rights and liberties without breaking any current law.
Posted by zaznet (932 comments )
Link Flag
Uninformed people like you....
Should keep their comments to themselves. Google is a search engine you idiot! The biggest and best there is. Do you google? or are u a second rate user? Do you even know what the deep web is? Search engines, all search engines have bots (spiders and crawlers) that index information. You can make your search specific or general. The more info the bots list, the better served you are. Your not forced to use google. There are many engines available. If you don't like google, which for the life of me, I would not understand why except for the fact that maybe your fairly new at the web, then use yahoo or one of them many others out there. How come google is the only target we are hearing about? Any search engine will list anysite you want if you know what your doing. Just that google happens to be the top dog and for good reason. Shame on you for opening mouth and inserting foot. Spit out your gum and learn what the hell is going on. You can use yahoo or msn and let your ownself be a target for hacks or divulging your personal ip number. I am sticking to google. You can do what you want. This is govt. bull and I know it, and most people who are computer saavy know it. Why do we freely give out information that even the total beginner may use? "To turn over to mankind at large the greatest possible power to control the world and deal with it according to its lights and values." -- Robert J. Oppenheimer, head of the Manhattan Project, which created the world's first nuclear weapons. Google is a tool for internet use. You don't like what it serves up? Then you better start collecting an enormous amount of url's so you can find your way around the net. Put the child porn thing where it belongs. With the law. Don't use google as a scape goat.
Posted by Eskiegirl302 (84 comments )
Link Flag
Google unnecessary to search for porn...
Just use DNS. Open a web browser and type a URL
with any naughty or vaguely suggestive domain
name and you'll find your porn site. Once you
have one, it will have ads for hundreds of
others.

Not that Google won't work, but it's as
unnecessary to involve Google for finding
pornography as it is to call the forest service
to locate a tree.

The DOJ doesn't care about the sites, they want
the search strings and the IP addresses
associated with those strings. So we can say
things like "there's a 80% correlation between
those searching for information about donut hole
treats and those looking for naked dwarf
wrestling".

They don't even need Google, they got a
statistically valid sample from AOL (the
perverts' Internet) and MSN (the dolts'
Internet).

The DOJ's problem is that they have a law that's
been adjudicated overreaching because it would
permit non-porn censorship of the Internet. Are
anti-war sites giving comfort to the enemy?
Let's block 'em!

From Google's point of view, they have to do
work to provide the information, and it sets a
precedent that all of a sudden they are required
to provide the government any information they
want in any form they want because they are
recognized as a provider of information. They
are expected to provide it without cost, without
concern for their customers, and to do so
expressly to support political agendas and to
push through law that might adversely affect
them or their customers.

Let us not forget that COPA ostensibly was meant
to protect children from offensive material, but
it was acknowledged that things like "PETA",
anti-war sites, and pro-Democrat sites could be
examples of offensive material that the current
administration might find offensive and
requiring censorship.

You might not agree with any of those people,
but presumably Americans value their right to
speak their mind, regardless the message. Then
again, maybe the DOJ is right, maybe the
Internet is no place for Americans to exercise
their free-speech rights [sic]. THINK OF THE
CHILDREN!
Posted by Zymurgist (404 comments )
Link Flag
I for one...
Will never use any of the search engines that turned over data to the government. What I choose to search for is my business and no one elses.

We have proof now that these other search engines can't be trusted to stand up for the rights of their users. Who buy the way foots their bills and makes their stock worth what it is.

Damn the Bush Admistration for trying to Christianize things they have no business getting in to. With the Bush Adminstration spying on American's plus the lies he told to go to war it is clear that anything these people say can't be taken at face value. The search data requests will be used in any fashion they wish. Bush and his group of rejects already feels they can do whatever the want, regardless of the law. Then America told him it was alright when the idiots gave him a second term.

Now it is time to rape the rewards for all of the idiots that voted for him. America the free my as*.

Robert
Posted by Heebee Jeebies (632 comments )
Reply Link Flag
power corrupts, absolute power corrupts absolutely
need I say more?

I bet Cheney is the one that came up with this plan. Bush is too stupid to come up with this scheme
Posted by gidieup (2 comments )
Link Flag
well it was like this:
your choices were simple during the last election:

A liar. (Bush)

A liar who couldn't decide which side of the lie he was on everytime he lied. (Kerry)

At least the liar stood by his choice in his lie.
Posted by techguy83 (297 comments )
Link Flag
I just installed TOR
Plus...doesn't this only include searches done on the American sites...set your search to MSN.CA or Google.CA or something...
Posted by KsprayDad (375 comments )
Reply Link Flag
WORLD-WIDE INFORMATION ON U.S CHILD PORN?
<a class="jive-link-external" href="http://groups.google.com/group/n3td3v/browse_thread/thread/3bbf977f229208ed/923dc4821de073cf#923dc4821de073cf" target="_newWindow">http://groups.google.com/group/n3td3v/browse_thread/thread/3bbf977f229208ed/923dc4821de073cf#923dc4821de073cf</a>
Posted by n3td3v (3028 comments )
Reply Link Flag
Living the "observed life" in a digital world
The expressed purpose of the governments request was to estimate how much pornography shows up in the searches that children might do. How they could determine which searches were done by children and which searches were done by adults is a mystery. There are serious privacy and legal issues with this request. But in the digital age there is very little privacy.

Bill Gates and other executives at Microsoft have had all of their email captured by legal teams for various law suits at one time or another. Bill Gates once said "We live the observed life". Translation...assume that everything you say, write, or do will be reviewed by a team of lawyers...with the worst of intentions.

I wrote a blog on the subject of privacy, the limits of presidential power, and how judge Alito's supreme court nomination might effect decisions on this subject. You can read the whole thing here <a class="jive-link-external" href="http://dondodge.typepad.com/the_next_big_thing/2006/01/living_the_obse.html" target="_newWindow">http://dondodge.typepad.com/the_next_big_thing/2006/01/living_the_obse.html</a>
Posted by Don_Dodge (64 comments )
Reply Link Flag
Here we go again!
Why must the government insist on being BIGBROTHER! Allot of us already have one. Not to mention our parents. It is not the responsibility of the government to stop minors from porn. It is the parents and guardians! END OF STORY and case closed!

I hope google tells the government to go lay an egg! OH, they say we are not looking for identities; but if you look through my window and don't know my name, isn't that still spying??? They now want to spy on everyone!


~ anarchist ~
Posted by booboo1243 (328 comments )
Reply Link Flag
Isn't Google the one spying on me and profiting from it at my expense.
We should be more worried about Google spying into my home and collecting information about me and selling it to the world at my expense. Do we knot care that this is all about children being exploited (not children looking at porn - which is almost as bad).
Posted by AmericanStill (6 comments )
Link Flag
Child porn DOES NOT MEAN children watching porn !
Some folks on this message board seem to think that child porn means children getting access to porn, and thus it is a parent issue, etc. You couldn't be more wrong ! Child porn, is well...child / kiddie porn. The govt. wants to strengthen its case before the courts so that it can have an effective law which curbs child porn. It does not want your or mine search results, it simply wants some data which is not person specific but is indicative of the child porn activity on the web. Google is opposing this !
Posted by johnsmith2050 (2 comments )
Reply Link Flag
Yes, but they're not talking about child porn
You're completely right, child porn does not equal children looking at porn. You seem to have completely lost the plot as the issue at hand is *not* in any way shape or form child porn. The issue the government is dealing with is *children looking at porn*.
Posted by olliej (5 comments )
Link Flag
You are misinformed
COPA is all about blocking childrens acces to content that might be objectionable. It has zilch to do with child porn.
Posted by PzkwVIb (463 comments )
Link Flag
You are entirely wrong!
The information does not provide the DoJ with insight about child porn online. This law is about keeping children from viewing objectionable materials online (porn or otherwise).

Google is not trying to hide child pornographers. Nobody has broken a law, and the DOJ seeks to utilize the Google assets for free to process a case brought against the US Government over a law that is unconstitutional.

What the US Government would do with this law is prevent you, and everyone else (child or otherwise) from accessing anything "objectionable" to minors. That could include some news articles, medical libraries.

The law would give US Government the ability to shut down any site that provided "objectionable" information such as birth control, intelligent design or Harry Potter. If you don't think Harry is objectionable I know a small church in North Carolina that would burn you at the stake if you showed their children a Harry Potter movie.
Posted by zaznet (932 comments )
Link Flag
DOJ not interested in child porn...
Child pornography isn't the DOJ's interest.
That's already illegal and, frankly, it's
uninteresting.

They are ostensibly concerned about children
(and child-like adults) exposure to pornography.

The DOJ would like to prove that casual exposure
to Internet exposes large numbers of children to
pornographic images and "offensive" materials
that do them certain cognitive harm. Based on
that, they are asking for the ability to
classify certain materials as "inappropriate"
for the Internet and be allow the government to
censor them or fine those that post
objectionable content. Part of the reason the
law didn't stick is because "objectionable"
wasn't limited to sexually explicit material,
and it didn't recognize that users of the
Internet may not be children (i.e., their plan
would prevent access to the material, rather
than restricting minor's access).

People are more concerned about the censorship
because the current administration has been
caught several times attempting to censor
critics, and plant propaganda (such as false new
stories). While some people find it acceptable
in a time of war, other people find it
disturbing.
Posted by Zymurgist (404 comments )
Link Flag
Stop Spreading False Information - this is not about child porn!
First off, the recent Google subpoena by Big Brother is "supposedly" to evaluate how often Web users encounter pornographic material online, and to measure the effectiveness of filters in screening those materials. There is no specific mention of child pornography, which is already illegal.

Secondly, this is just another case of the Bush Administration violating the Fourth Amendment of the Constitution with its illegal spying activities. Think about it - how in the hell does all of this data tell them the effectiveness of porn filters? That's like saying we had to attack Iraq because they could have used all of those WMDs that they had. Yeah, right!

This is just another case of how King Bush and his Administration are trying to circumvent our privacy laws to maintain their political power. We are now entering an age of tyranny in this country. We better wake up and stand up against it now, otherwise we shouldn't bother to preserve the Constitution since it will be meaningless.
Posted by (7 comments )
Reply Link Flag
You misssed some...
This is more than that. They would be able to use the information against Google in later prosecution. The data collected by Google is their asset, worth billions of dollars and the DoJ is asking for it for free. That right there is just two more violations of our freedoms.

Any investor that looks lightly at Yahoo, AOL and MSN turning over their asset for free is missing it as well.

The law would not protect children, it would allow censorship of ANY content online. This violates the first amendment rights and would prevent everyone from having access to the information.

This law really makes me think we might all be better off moving to China where their censorship is more relaxed...
Posted by zaznet (932 comments )
Link Flag
Intent cannot be extrapolated
How can anyone extrapolate the intention of the searcher by evaluating the search keywords or the search results?

Remember when 'whitehouse.com' was a porn site? How many people went there when they really wanted 'whitehouse.gov'?

Looking at search results (and keywords) is a reach.
Posted by cagerattler (72 comments )
Reply Link Flag
The're not looking to extrapolate intent.
The gov. is looking, (they claim), to gauge how often surfers access porn sites inadvertently while using a search engine. Like linking to whitehouse.com intending to read about the Oval Office, or whatever. The angle being, what is the chance little Johnny and Jane are being exposed to porn while researching for an essay on, for instance, Breast Cancer?
The gov. wants to tighten access to web porn, make it access possible by age verification, exclusively. Kind of a tall order, considering all of the overseas sites. If they pulled it off though, it would be easier for the gov. to then track the end user. This is the real privacy issue, not a random sampling.
Posted by (62 comments )
Link Flag
No, No, and again No.
The government has no right to be using Google's search engine material in their investigation. It is all too tempting to cross the fine line into violation of privacy. But the real cause of concern here should be---Why does Google care so much about our personal lives? Why is Google so concerned with invading people's privacy?

If Google didn't keep all of this information, they wouldn't have a problem today with the government. And the thought of Google keeping all of this information on individuals is hardly more reassuring than the government desiring to view this information. I've heard of people "googling"
people's names, pumping for information on people that they know, trying to dig up dirt and cause trouble. I think it's a violation of privacy, clear and simple, and I think that Google ought to be hauled into court and handed a hefty fine for being so nosy, and for encouraging nosiness. As for government agencies, Big Brother seems to be always watching someone. They also need to learn to mind their own business.
Posted by Michael G. (186 comments )
Reply Link Flag
Who will be the boss?
Google wants to be top dog. So does the government. There is a war there. It's called the war on who gets to play God!
Posted by casper2004 (267 comments )
Link Flag
Yes
You are right on both counts. The government should not be able to get the information, but at the same time there would be no request if Google did not store the information. The one thing you have to keep in mind is that if you did not give them the information they would not have it.
Posted by VI Joker (231 comments )
Link Flag
What is the best free IE toolbar available?
I'm using one from <a class="jive-link-external" href="http://www.absolutetoolbar.com" target="_newWindow">http://www.absolutetoolbar.com</a>.
It has a lot of surprising new features. I most like the browsing in 2 tiled windows for message boards and the creating of reference pages. Since it doesnt take a full line Im using it in addition to my yahoo toolbar without any problem.
You can try it from download.com or from their website.

Are there any other toolbars like this one I can try?

Does Firefox has similar features?
Posted by Bob29 (2 comments )
Reply Link Flag
Google Can't Afford to Lose!
You should know why Google is fighting and why it is important that they do so.

The DoJ is employed by the Whitehouse to prosecute or defend cases of it's own interest. These happen to be called "national interest" and they are owned by the federal government, not it's people.

Google makes money off the information that the DoJ is requesting. They also commit their own resources to collect it and it is their resource collectively worth billions. Were Microsoft to ask Google for the exact same information, Google would charge them millions of dollars to have it.

The US Government can not force anyone to provide any service or goods for free. There for if they want this data for their own uses, they should have to pay the millions it's worth to obtain it legally. They have no arbitrary legal right to the data.

The other main reason Google (and the others who didn't) need to resist this is that the use for the data is already obvious. The DoJ seeks to criminalize it. That could put Google, MSN and Yahoo at risk for violating the law the DoJ is trying to defend. The DoJ will have plenty of evidence provided by these companies to go directly after them following the courts upholding this law.

This is not a case where someone broke the law and this evidence is needed to convict a possibly guilty party. This is a case where the DoJ needs valuable data to proceed with a case of the government's own interest. No technology company should want to see that law pass through the courts upheld.
Posted by zaznet (932 comments )
Reply Link Flag
All in time under certian conditions
Google might win this round, but it would not when DoJ switches gears and states its a matter of national security. Once that is put into play then Google will have to give up the goods or face some serious charges. This attempt to get information is just a test of the willingness of corporate America. Many of the corporations have went before the government to get backing for one thing or another, now the government is asking for pay back.

I do not agree with the fact the DoJ can have access to search information without strict guidelines on what the information is going to be used for. Also if I have told a company that I do not wish to have my information released, shouldn't that include the DoJ as well? It just goes to show you that there is a law to circumvent every other law.
Posted by VI Joker (231 comments )
Link Flag
Yes They Do
It's called PRINCIPLE! How about a respect for it's users. The US government does not regulate the internet!!!
Posted by SeizeCTRL (1336 comments )
Reply Link Flag
Don't be silly....
This Child porn thing is more "Smoke and Mirrors" from the far right. Once again using children to disguise their attack on something Adults have a constitutional right to. If you think that hardcore "child porn" fans are going to use Google to find kiddie porn sites you truly are Net Noobie. If it were that easy the FBI would have no trouble finding these sites and shutting them down.

This has nothing to do with Child porn and everything to do with the unofficial war on porn from the 1980's. My advice to Americans who believe in free speech and personal liberty is to make a list of the law makers who support this type of dreck and vote them out of office this coming November
Posted by Captain-Atari (71 comments )
Reply Link Flag
Then what?
Making a list of lawmakers that support this type of misguided foolishness is easy. Finding alternate candidates to vote for that do not is basically impossible. Politicians in the US want power.
Posted by scdecade (330 comments )
Link Flag
 

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