Google Files Brief in Search Data Case

Google has filed its brief defending its action in refusing to turn search information over to the United States Justice Department.  The DOJ is trying to use the data to support the Child Online Protection Act that the 3rd Circuit has declared unconstitutional.  The Supreme Court later held that the law required a full trial to determine its constitutionality.

The theory is to use the search data to show that filters are not effective in protecting children from pornography.  Microsoft, Yahoo! and AOL have already turned over data but not any that's tied to personal information.  For some privacy advocates it is a short step to the government making that type of request.  Representative Ed Markey (D-Ma) introduced a bill in congress that would require web sites to delete visitor information

Google is defending itself on the grounds that turning over the data would reveal trade secrets to its competitors, that the request raises red flags in consumers which would cause them to avoid Google.  The company also criticized the government as unsophisticated about technology and accuses it of a fishing expedition.

A hearing will be held by U.S. District Judge James Ware in the Northern District of California on March 13th.  The Justice Department has until February 24th to respond.

The San Jose Mercury News (subscription) has the story.  SearchEngineWatch has summaries and links to documents in the case. 

Update: A copy of Google's brief is here.