Communications of the ACM
Government Secretly Orders Google To Identify Anyone Who Has Searched A Name, Address, Telephone Number
The latest case shows Google is continuing to comply with controversial requests, despite concerns over their legality and the potential to implicate innocent people who happened to search for the relevant terms.
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In 2019, federal investigators in Wisconsin were hunting men they believed had participated in the trafficking and sexual abuse of a minor. She had gone missing that year but had emerged claiming to have been kidnapped and sexually assaulted, according to a search warrant reviewed by Forbes. In an attempt to chase down the perpetrators, investigators turned to Google, asking the tech giant to provide information on anyone who had searched for the victim's name, two spellings of her mother's name and her address over 16 days across the year. After being asked to provide all relevant Google accounts and IP addresses of those who made the searches, Google responded with data in mid-2020, though the court documents do not reveal how many users had their data sent to the government.
It's a rare example of a so-called keyword warrant and, with the number of search terms included, the broadest on record. (See the update below for another, potentially even broader warrant.) Before this latest case, only two keyword warrants had been made public. One revealed in 2020 asked for anyone who had searched for the address of an arson victim who was a witness in the government's racketeering case against singer R Kelly. Another, detailed in 2017, revealed that a Minnesota judge signed off on a warrant asking Google to provide information on anyone who searched a fraud victim's name from within the city of Edina, where the crime took place.
While Google deals with thousands of such orders every year, the keyword warrant is one of the more contentious. In many cases, the government will already have a specific Google account that they want information on and have proof it's linked to a crime. But search term orders are effectively fishing expeditions, hoping to ensnare possible suspects whose identities the government does not know. It's not dissimilar to so-called geofence warrants, where investigators ask Google to provide information on anyone within the location of a crime scene at a given time.
From Forbes
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