From: <djg2120@columbia.edu>
  To  : <cpc@emoglen.law.columbia.edu>
  Date: Tue, 28 Feb 2006 02:42:51 -0500

Justice Dept. Says Google Privacy Concerns Are Not Valid

Justice Dept. Says Google Privacy Concerns Are Not Valid

By Keith Regan
www.EcommerceTimes.com
Part of the ECT News Network
02/27/06 9:43 AM PT

"Even if it's forced to comply in the end, Google can point to how
it tried to stand up for its users' privacy," search engine
marketing expert John Battelle told the E-Commerce Times. He noted
that the move seemed to fit with Google's "Do No Evil" catchphrase.


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The U.S. Justice Department is arguing that Google's (Nasdaq: GOOG)
Latest News about Google privacy Latest News about privacy concerns
are not reason enough for it to withhold search records being sought
by investigators, likely setting the stage for a court battle over
the data.

In a court filing made late Friday, the Bush administration said
because individual users would not be identified in the records
being sought, the privacy concerns are not valid. The argument,
contained in an 18-page brief, comes after Google initially
rebuffed the government's demands to turn over the records of
search requests by citing potential violation of individual users'
privacy rights.
Defying the Government

The administration wants the records to bolster its arguments in
favor of an online child protection law that the U.S. Supreme Court
has blocked from taking effect. The Justice Department hopes to use
the data to show that existing Web filtering technology cannot
prevent children from viewing pornography and other inappropriate
material.

The government's filing included an affidavit from University of
California at Berkeley statistics professor Philip B. Stark, who
said the privacy concerns are misplaced, especially given that the
original request called for Google to strip any identifying
information.

The search company, which was first served the subpoena seeking the
records last summer, has said in court filings that the request is
"unnecessary, overly broad, would be onerous to comply with, would
jeopardize its trade secrets and could expose identifying
information about its users."

In fact, Google now finds itself taking an adversarial role with the
U.S. government on a number of fronts. The most high-profile and
volatile appears to be the dispute over Google's role in China,
where the search company is one of several that has agreed to
Chinese government rules on free speech limitations in order to win
the right to do business, a move that has drawn considerable flack
from U.S. lawmakers.

A judge will likely make a ruling on the Justice Department's
subpoena soon, with a hearing tentatively scheduled for March 13.
Principles or Public Relations?

Google is widely seen as enjoying public support in the privacy
debate, but public opinion may be more divided than in the past.

A survey conducted by the University of Connecticut and released
last week found that some 60 percent opposed allowing Google and
other search engines to store user search queries, with 32 percent
backing that practice, which the companies say helps them improve
the accuracy of search results.

In the telephone survey of some 800 people, 65 percent said the
government should have no role in monitoring the online activities
of "ordinary Americans," with just 30 percent saying such
eavesdropping was appropriate or necessary.

Still, the support for Google's stance seems to wane slightly when
it comes to the issue of complying with the government's subpoena,
with 44 percent saying the records being sought should be turned
over while half back Google's refusal to cooperate.

Legal experts, meanwhile, say the case is important because of the
potential for setting precedent and the so-called slippery slope
effect, in which records of an increasingly private nature are
sought by the government or even by individuals.
Distraction Factor?

Google's stance is seen by many as having a positive public
relations impact, especially given that it can contrast its refusal
to turn over records with the cooperation shown by its rivals.

"Even if it's forced to comply in the end, Google can point to how
it tried to stand up for its users' privacy," search engine
marketing expert John Battelle told the E-Commerce Times. He noted
that the move seemed to fit with Google's "Do No Evil" catchphrase.

Meanwhile, the standoff with Justice could come at a critical time,
as Google faces increasingly intense competitive pressure. On
Monday, Barry Diller's IAC/Interactive Corp. re-launched its
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Industry Leading Fanatical Support., creating a new interface and
brand image for the search tool originally known as Ask Jeeves
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Standard & Poor's Equity Research analyst Scott Kessler said
Google's stock price could suffer from a prolonged battle with the
government on the privacy front and with other issues, such as
China.

"We think governmental and legal issues will continue to challenge
Google, perhaps detracting from its brand equity and operating
profitability," Kessler wrote in a research note.
http://www.technewsworld.com/rsstory/49072.html
_______________
Daniel Grimm
djg2120@columbia.edu


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