Court To Order Google To Disclose Some Data

In a development hailed by some privacy advocates, a federal district court judge indicated Tuesday that he was troubled by the federal government's requests for information from Google about search queries, which could inadvertently disclose users' identities.

But the judge, James Ware, also said he intended to order that Google turn over other, less sensitive data about some of the Web sites in its index. He intends to issue a ruling shortly.

Google appeared pleased with the turn of events. "We're very encouraged by the judge's thoughtful questions and comments," said Google's associate counsel Nicole Wong in a statement. "They reflected our concerns about user privacy and the scope of the government's subpoena request."

The federal authorities are seeking 50,000 Web addresses in Google's index, and 5,000 random search queries from users--whittled down from an original demand for 1 million Web addresses and one week's worth of search queries. The Justice Department subpoenaed the information in a bid to prove that the 1998 federal Children's Online Protection Act--which forbids commercial Web sites from making pornographic material available to children--is constitutional. In 2004, the U.S. Supreme Court said the law couldn't be enforced unless the government proved that it was the only practical way to shield minors from adult-oriented sites.

Google filed a motion to quash the subpoena, sparking a high-profile battle between the search giant and the federal authorities. Ultimately, a range of groups including the American Civil Liberties Union and Center for Democracy & Technology weighed in on the case, arguing that Google should not be required to reveal information about search queries.

While the government only sought information about query terms--and not personally identifiable information such as IP addresses--Google argued that private information could inadvertently be revealed via those queries. "[O]ne can envision scenarios where queries alone could reveal identifying information about a specific Google user," wrote U.S. Google attorney Ashok Ramani in an Oct. 10 letter to U.S. Dept of Justice attorney Joel McElvain.

The battle between Google and the Justice Department also raised fears about the extent of information that Google collects. In addition to information about searches, Google is believed to be amassing extensive information about users of services like Gmail.

The prospect of that information being subpoenaed--by the government or even a party in a civil case--is troubling to many consumer advocates and industry observers.

Alan Chapell, president of consulting firm Chapell & Associates, which focuses on privacy and marketing, said Google's practice of amassing and storing information about consumers could ultimately leave consumers vulnerable to exposure--although it also could be a boon for Google's marketers. "Somewhere down the road there's a huge pot of gold with all that data," Chapell said. "But at some point, they may be in a position where they ask themselves if that pot of gold is worth the risk."

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