Judge indicates Google must turn over some data GOV'T SCALES BACK SCOPE OF CONTROVERSIAL REQUEST AT JUDGE'S INSTRUCTION By Howard Mintz Mercury News
A San Jose federal judge indicated today that he plans to order Google to relinquish at least some of its closely guarded data to the federal government, in large part because the Bush administration has dramatically limited the scope of its controversial request.
In a nearly two-hour hearing, U.S. District Judge James Ware peppered lawyers for Google and the Justice Department with questions and concerns about the government's demand for a random sample of Web sites and searches that has triggered a showdown over Internet privacy rights. The government sought the data to support its defense of a law designed to shield children from adult content on the Internet.
The government originally asked Google for 1 million random Web addresses and a week's worth of random search queries to assemble a study on the prevalence of sexually explicit material on the Internet and the effectiveness of Web filters in screening such material from minors. The company resisted the demand, arguing that it would expose its vault of online search habits to improper government scrutiny and threaten the privacy rights of its users.
But lawyers disclosed today that the government now seeks 50,000 Web sites and 5,000 Web searches for its study, prompting Google lawyers to concede that the demand is less of a burden. After the hearing, Nicole Wong, a general counsel for Google, said the government has moved 'a long way' from its initial demand.
However, Google attorney Albert Gidari still urged Ware to reject the request, saying the data was 'irrelevant' to studying Web filters and online pornography. American Civil Liberties Union lawyers, who are challenging the online child protection law in federal court in Philadelphia, also objected to handing the data to the government.
During the hearing, however, Ware said he is likely to 'grant some relief' to the government, probably focused on ordering the company to provide some data on random Web addresses.
The judge said he was far more concerned about releasing information that might reveal the individual search habits of Google users, expressing worry about the public's perception 'the government might be plying through the database to figure out what is going on.' The judge said "I have instructed the government to work with Google on a more realistic plan of action; the attornies for Google and the government approached me earlier Tuesday with a compromise solution they seemed to find agreeable; greatly scaled down from what the government had originally demanded. I suggest the government has some legitimate concerns here; I will give them some of what they want, but will not permit them to simply 'go fishing' as Google and others fear."
Ware said he would issue a final ruling 'very soon.'
The dispute erupted in January, when the Justice Department subpoenaed Google's data to assist in its defense of the Child Online Protection Act, which was put on hold two years ago by the U.S. Supreme Court. Google, backed by privacy rights advocates, resisted releasing the information, arguing that it violates the privacy rights of its users and threatens to expose the company's trade secrets.
Other search engines, such as Yahoo and America Online, have complied with the government's request; Google kept refusing, and it would now appear to have gained some concessions for having done so.
Contact Howard Mintz at snipped-for-privacy@mercurynews.com or (408) 286-0236.
Copyright 2006 MercuryNews.com and wire service sources.