According to the AP:
Google Inc. is rebuffing the Bush administration’s demand for a peek at what millions of people have been looking up on the Internet’s leading search engine — a request that underscores the potential for online databases to become tools for government surveillance.
Mountain View-based Google has refused to comply with a White House subpoena first issued last summer, prompting U.S. Attorney General Alberto Gonzales this week to ask a federal judge in San Jose for an order to hand over the requested records.
The government wants a list all requests entered into Google’s search engine during an unspecified single week — a breakdown that could conceivably span tens of millions of queries. In addition, it seeks 1 million randomly selected Web addresses from various Google databases.
The government is seeking in its motion to have the court direct Google to comply with a subpoena for “the text of each search string entered onto Google’s search engine over a one-week period (absent any information identifying the person who entered such query).” Originally, the government had asked for “[a]ll queries that have been entered on your company’s serch engine between June 1, 2005, and July 31, 2005, inclusive.” According to the government’s motion, the government narrowed its request to the text of search strings after extensive negotiations with Google.
The government’s request strikes me as tremendously inappropriate and proof that we need more protections against government access to personal data. I have written extensively on this issue and will address it in other posts.
I was struck by the resemblance of this case to another case back in 2004 where the Bush Administration attempted to subpoena records in its attempt to defend the constitutionality of a law. That case is Northwestern Memorial Hospital v. Ashcroft, 362 F.3d 963 (7th Cir. 2004). In Northwestern Memorial Hospital, the government subpoenead 45 records on partial birth abortions in order to gather information to defend the constitutionality of the Partial-Birth Abortion Ban Act of 2003.