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Under court order, Google reveals users' search history 9,000 times a year

86 点作者 FSecurePal超过 14 年前

8 条评论

grellas超过 14 年前
American law has never taken an absolutist view of privacy rights. For example, even lawyer confidentiality has exceptions, as for example when a client tells you he is going to commit a future crime (that is not regarded as privileged and can be disclosed by the attorney to the authorities).<p>In the context of lawsuits and court orders, the key to protecting privacy is to abide by due process concerns. In other words, sometimes otherwise private information can become subject to discovery through legal processes such as third-party subpoenas. A holder of that information, such as Google, has no direct stake in the fight between the parties and will not disclose such information voluntarily. Nonetheless, court processes permit litigants to use lawful means to compel disclosure. Notice typically must be given to the adverse party, who in turn has a right to contest the litigant's right to obtain the information. A neutral judge will then consider whether the information ought to be protected when weighing the importance of disclosure in such a case against any rights of privacy that might be implicated (it is this process of notice, opportunity to contest, and neutral judicial evaluation that affords the due process protections). In most such cases, privacy rights do ultimately trump disclosure but not in all. Thus, when a court orders that disclosure be made, a litigant is forced to make it and, if a third party such as Google holds that information, it too is ordered to make it, though it has no stake in the fight.<p>Since American law is not absolutist on the privacy issues, and since Google must comply with lawful court orders, I don't think it can be faulted for doing so. Also, given the likely <i>huge</i> number of times it finds itself in this position, I don't think there is anything untoward about a number such as "9,000 times a year." This is perhaps why Mr. Schmidt made his comment in such an off-handed way. This is just a routine part of doing business.<p>I will grant there are <i>policy</i> arguments that could be made to the contrary but, legally, Google is on sound footing in its handling of privacy issues as described in the article.
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ErrantX超过 14 年前
The slight fallacy in the article (and in general on this topic) is the thinking Google are especially unique in receiving these orders.<p>The truth is any large service provider is getting as many, it's just the modern version of forced disclosure.<p>A lot of the Google orders will be civil disclosure. That is mostly because in criminal cases there is more leeway for seizing the physical machines - which produces better results (from the perspective of court evidence).<p>But when you get to the ISP level they will be dealing with all manner of criminal/civil requests for IP log data.<p>Just some perspective (I won't comment my opinion on it)
prosa超过 14 年前
Am I the only one who was surprised at how low that number was?
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rmg超过 14 年前
One of the reasons I like DuckDuckGo.
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cosmicray超过 14 年前
granted Google is the big fish in the search engine pond ... does this imply that a court order to Google also means that Yahoo, Bing, Altavista, et al, are also getting a similar court order for the same user ?
julian37超过 14 年前
"He added that Google "rewrites" your search history after a year and a half, so that it can no longer be tracked, even under a court mandate."<p>My search history on <a href="http://google.com/history" rel="nofollow">http://google.com/history</a> goes back to January 2007, which is over three years.<p>Maybe he meant that history entries older than one and a half years will be "rewritten" if you manually went and asked Google to remove them (by using the "Remove Items" function in the history). I wonder how many people are aware of that function.
SageRaven超过 14 年前
I'm curious if Google has a <i>voluntary</i> reporting system, such as the one outlined here: <a href="http://cyb3rcrim3.blogspot.com/2010/06/state-action-and-4th-amendment.html" rel="nofollow">http://cyb3rcrim3.blogspot.com/2010/06/state-action-and-4th-...</a>.<p>AOL apparently uses the semi-secret child porn hash database to proactively scan content traversing its systems and reports to the authorities when they get a hit.<p>I'm sure other large providers do this, and it wouldn't surprise me if Google was one of them.
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pedanticfreak超过 14 年前
Considering Google gets 140+ million unique visitors, that's less than 0.0064% of all users? Color me unimpressed. Now if you told me personal information was being offered WITHOUT a court order, then I'd be more concerned.
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