[HN Gopher] Government Orders Google to Identify Anyone Who Sear...
       ___________________________________________________________________
        
       Government Orders Google to Identify Anyone Who Searched Name,
       Address & Phone N
        
       Author : spzx
       Score  : 140 points
       Date   : 2021-10-04 15:10 UTC (7 hours ago)
        
 (HTM) web link (www.forbes.com)
 (TXT) w3m dump (www.forbes.com)
        
       | ChrisMarshallNY wrote:
       | Argh. Clickbait article header. The header sounds like a "blanket
       | trawl," which, I suspect, would require an NSA-grade computer to
       | manage (which they have, so it's not beyond belief).
       | 
       | They were sending warrants to people that searched for
       | _particular_ names, addresses, etc.
       | 
       | Not news. We all know this has been going on for many years. It's
       | fairly standard, in many "capital crime" cases.
        
         | ziddoap wrote:
         | > _Not news. We all know this has been going on for many
         | years._
         | 
         | Who is the 'we' here?
         | 
         | Many people may have _assumed_ this is happening... But
         | according to the article itself, there 's less then a handful
         | of these specific warrants being recorded/unsealed/reported in
         | the news.
         | 
         | Do you have access to sources which Forbes does not where more
         | of these warrants are documented?
         | 
         | From the article:
         | 
         | > _Before this latest case, only two keyword warrants had been
         | made public. One revealed in 2020 [...]_
        
           | ChrisMarshallNY wrote:
           | You have a good point.
           | 
           | File this under "proof of what everyone already knew, but
           | couldn't verify."
        
         | ziml77 wrote:
         | I got the same impression from the title.
         | 
         | The request is limited to searches for a couple specific people
         | over a short timeframe. They had legitimate reason for it.
         | There's no issue here.
        
           | [deleted]
        
           | trutannus wrote:
           | The headline in the post has been modified too from the
           | original. The original is _Exclusive: Government Secretly
           | Orders Google To Identify Anyone Who Has Searched A Name,
           | Address And Telephone Number_. The A there does a lot of
           | heavy lifting, and implies that the warrants are for specific
           | items.
           | 
           | The title on HN here is _Exclusive: Government Secretly
           | Orders Google To Identify Anyone Who Has Searched Name,
           | Address And Telephone N_ , which implies that this is for all
           | searches that are for any of these sorts of items.
        
       | RobRivera wrote:
       | So anyone who searched A SPECIFIC Name...this title is grossly
       | misleadung
        
       | icarus_gh wrote:
       | As a person neither leaning East nor West who is an avid HN
       | reader it's always interesting to read the comments under such
       | topics where the collusion between US private companies come up.
       | Comparing it to the reactions when tenous connections between
       | Chinese companies and the CCP are characterised as a threat to
       | freedom and human rights.
       | 
       | It reminds me to be wary of my own biases. Because from where I
       | stand they are all two sides of the same coin.
        
         | stickfigure wrote:
         | Courts in the US are generally quite independent of the
         | political process. Abuse of the court system is prosecuted
         | fairly heavily. This is "rule of law".
         | 
         | On the other hand, courts in China do whatever the CCP tells
         | them. These are not equivalent.
        
           | BobbyJo wrote:
           | Also, on a technical level, let's not equate a government
           | apparatus that both controls and records anything and
           | everything you do online, with a government asking a private
           | company to identify people who searched the name of a girl
           | who was murdered.
        
           | etc-hosts wrote:
           | How do you feel about Steven Donziger ?
           | 
           | https://www.reuters.com/world/us/lawyer-who-sued-chevron-
           | sen...
        
           | a_large_rat00 wrote:
           | Where is this judicial fantasyland you live in with
           | apolitical judges and independent laws? They're written,
           | passed, judged, and enforced by heavily partisan actors, now
           | more than ever. You're kidding yourself, and no one else, if
           | you think the US judicial system is politically independent.
        
             | hnfong wrote:
             | Given that judiciary being subservient to the Party is an
             | intentional feature in China, no competent western system
             | would do "worse" in judicial independence than China.
             | 
             | The GP is literally always correct in relativistic terms.
             | If that makes people in the West feel more comfortable with
             | the government, I _guess_ I could say good for them? :)
        
               | a_large_rat00 wrote:
               | The Supreme Court itself is a partisan institution, now
               | more than ever, and every reading of the Constitution has
               | been subject to partisan biases since forever. That's not
               | to say we have no checks and balances, just that they are
               | not independent. More like interdependent and part of a
               | vicious cycle; biased legislators appoint biased judges
               | who exonerate biased executives who reward biased
               | legislators. I think the cycles of the last few years
               | have made that abundantly clear, but any cursory reading
               | of US history should reveal this is not a new pattern.
               | It's just how the system has always worked, our folklore
               | notwithstanding.
        
               | stickfigure wrote:
               | If you don't think life appointment makes someone
               | politically independent, I have to wonder what possible
               | office would qualify. Divine monarch? Furher?
        
           | AlexandrB wrote:
           | I think this depends on what you define as "abuse". Many
           | suspects are railroaded into plea-bargains to avoid
           | bankruptcy or the risk of more severe charges regardless of
           | actual guilt[1]. There are also abuses like civil asset
           | forfeiture or false DMCA takedowns that rarely see any
           | punishment.
           | 
           | I think it's possible to get justice in the US court system
           | _if you have money_. This isn 't really "rule of law" as one
           | might commonly think of it though.
           | 
           | [1] https://www.theatlantic.com/magazine/archive/2017/09/inno
           | cen...
        
         | a_large_rat00 wrote:
         | One can be against heavy-handed authoritarianism both at home
         | and abroad, while still seeing the (quite distinct) shades of
         | gray between the US security apparatus and the CCP, or between
         | the CCP and North Korea, or between the US and the EU.
         | Different governments and processes give different weights to
         | due process and human rights vs bureaucratic efficiency and
         | national security.
         | 
         | It should not be controversial to say that the CCP is more
         | heavy-handed when it comes to government reach into private
         | lives. That doesn't exonerate the US by any stretch; our
         | government does a ton of shady shit, much of it arguably
         | unconstitutional or extrajudicial, from warrantless wiretaps to
         | drone executions of US citizens. But these make the news, which
         | indicates 1) at least there is a relatively free press and 2)
         | they are unusual enough as to be noteworthy, as opposed to
         | commonplace and not discussed.
         | 
         | China doesn't share the same values as the West. The individual
         | is deemphasized for the collective good, as defined by the
         | current CCP elite of any decade. That doesn't mean their
         | political system is inferior or superior -- our fragile
         | "democracy" is threatening to devolve into civil war and take
         | down the whole country, if not world with it -- but it IS a
         | very different government on a different part of an
         | authoritarianism <--> libertarianism continuum. It's not useful
         | to equate them in this context just because the West does shady
         | surveillance on its own citizens too.
        
           | hnfong wrote:
           | > It should not be controversial to say that the CCP is more
           | heavy-handed when it comes to government reach into private
           | lives
           | 
           | I'm not so sure that is true. If anything the US agencies
           | seem to be quite a bit more technologically advanced, and I'd
           | bet they sit on more undisclosed zero days than the CCP.
           | 
           | You're definitely correct in the difference in ideological
           | values, and this difference might make up for the
           | technological gap between the surveillance capabilities of
           | the two governments, but I honestly would say it's still a
           | 50-50 to me which one comes out on "top".
        
             | a_large_rat00 wrote:
             | Can you explain/rephrase? Are you just talking about
             | surveillance in particular? If so, I apologize for not
             | being clearer... I meant heavy-handed as in forced
             | disappearances, labor camps, censorship, behavioral
             | modification, etc. (or in the US, forced
             | reproduction/sterilization, manipulation of educational
             | curricula, etc.)
             | 
             | China's recent attempts to curb the influences of their Big
             | Tech and online gaming sectors come to mind, vs the fuck-
             | all we've done with ours over the past couple decades. Soon
             | Facebook is going to become a supranational organization
             | that can drive new laws just by enraging enough people
             | through algorithmic manipulation... our watchdogs are
             | whimpering puppies against that kind of power. Our
             | government is way weaker in terms of its ability to
             | regulate business or personal behavior.
             | 
             | And for the common person, sure, our government might know
             | everything we're doing (they all do, these days), but by
             | and large it does not really care. The data it collects is
             | often so disorganized even its own agencies don't know how
             | to share it with each other, much less use it to
             | systematically oppress -- for now. Our discourse and
             | dissent is THRIVING, free speech is alive and well, and we
             | have so much freedom we've self-organized into alternate
             | reality bubbles, absent state guidance and with a
             | deliberate disregard of expert opinion. China doesn't allow
             | its society to fracture like that. Ours has no choice but
             | to allow it to happen, and our elites encourage that sort
             | of fragmentation because it makes for easier power-
             | mongering at the top when the commoners are divided against
             | each other.
             | 
             | The Chinese are oppressed by a heavy-handed, paternal
             | government. Americans are oppressed by a government so weak
             | that capital, charisma, and convenience govern our society,
             | not our supposed laws or values. Other developed countries,
             | democratic or not, tend to fall in between those extremes,
             | from the UK & Australia closer to us (weaker gov) to the
             | Canada & EU (stronger govs) to the Nordic and Asian
             | democracies (stronger yet), yet China's is way way way
             | stronger than all of those.
        
           | jart wrote:
           | The cultural gap is because America's political leadership is
           | mostly lawyers and China's is mostly scientists and
           | engineers. So people hailing from the latter background tend
           | to think along more utilitarian and technical lines.
        
           | l33tbro wrote:
           | > That doesn't exonerate the US by any stretch; our
           | government does a ton of shady shit, much of it arguably
           | unconstitutional or extrajudicial, from warrantless wiretaps
           | to drone executions of US citizens. But these make the news,
           | which indicates 1) at least there is a relatively free press
           | and 2) they are unusual enough as to be noteworthy, as
           | opposed to commonplace and not discussed.
           | 
           | Does what is reported by the media equate to the sum total of
           | US malfeasance? I sometimes wonder if there is an Overton's
           | Window for the public's appetite for corruption and exposure
           | of systemic exploitation.
           | 
           | > China doesn't share the same values as the West. The
           | individual is deemphasized for the collective good, as
           | defined by the current CCP elite of any decade.
           | 
           | Could the 2 power structures have different approaches to how
           | the individual is de-emphasised for collective good? Perhaps
           | the US has a more diffused and opaque strategy of achieving
           | the same end? I say this because Americans signal opportunity
           | and the virtues of social agency to one another at all levels
           | of society - but each time I travel there it seems like a
           | social nightmare where few are actually contented once you
           | get past the small talk.
        
         | bumbada wrote:
         | I don't believe you understand the concept of "tenuous".
         | 
         | I have worked in China, China is a totalitarian communist
         | State. There are no tenuous connections between the CCP and
         | Chinese companies, companies ARE the CCP.
         | 
         | For example if you go around China you will see children with a
         | red badge around the neck. This badge represents that the kid
         | is a good student and the kid is forced to wear it.
         | 
         | In China the best students automatically enter the CCP, there
         | is a spy apparatus that controls them once people travel abroad
         | from friends and relatives. If they do something abroad against
         | the CCP they take retaliation against their families.
         | 
         | If you want to create a company in China, you must enter the
         | CCP. How tenuous is that?
         | 
         | People that have not lived there just can't understand what
         | totalitarian means, there is no rule of Law and not free press.
         | The "dictator for life" Xi Jinping can kill anyone in China
         | with no consequences, and he regularly kills competitors or
         | threats to his power.
         | 
         | Having said that, people in charge in the US or the financial
         | elite would love the world becoming their own totalitarian
         | regime, just like China but on the entire world. They lobby for
         | that every day.
         | 
         | Those guys really love power, because they have power, they
         | want more, they want it all like the song says.
         | 
         | It is really nothing new. Just like the Romans wanted to
         | conquer Cartage to own the entire world. Philip II of Spain
         | wanted the same thing conquering Britain, later it was
         | Napoleon, and then Hitler and Stalin.
         | 
         | Now it is the US who would love to conquer China and Russia if
         | they could. Also China would love to expand by force if they
         | could.
         | 
         | The only reason they don't is because nuclear weapons.
         | 
         | The price of liberty for normal people is eternal vigilance.
        
       | randombits0 wrote:
       | From my perspective, this ability was generally assumed to be
       | true but confirmation is interesting.
       | 
       | Heck, it's even a running stand-up joke. "Ask your wife if you
       | can look up something on her phone. Google "How to kill your
       | husband" and hand it back to her. Congrats, you're safe for
       | another month!
        
         | hn_throwaway_99 wrote:
         | Yeah, honestly, this kind of thing slightly terrifies me. I
         | know I have definitely Googled for totally random things that,
         | when taken out of context, would look pretty bad. I remember
         | once watching a show where someone was knocked out with
         | chloroform, and I googled something like "Does chloroform
         | really work?" or "Can you really knock someone out with
         | chloroform?"
         | 
         | I turned to my partner and joked "You better not be huffing any
         | chloroform in the near future."
         | 
         | That's the light side of it, but the scary side of it, and why
         | these sort of "fishing expeditions" are so dangerous, is that
         | statistically it's probably the case that if you're keywords
         | are pretty specific (googling a person's name or address in a
         | very time limited window), that 90-95% of the time if someone
         | popped up they _were_ doing something suspicious - but that
         | means 5-10% of the time you 'd get a false positive. Given
         | revelations of people who have been released fro _death row_
         | for rather flimsy evidence, I don 't have confidence that the
         | authorities would do much besides try to find someone guilty
         | once they got a hit.
        
           | GordonS wrote:
           | I feel the same sometimes.
           | 
           | Every now and then I want to Google something a bit dubious,
           | but decide against it, _just in case_. I mean, I 've no
           | intention of murdering anyone or anything like that, I'm just
           | just a curious soul.
        
           | jjoonathan wrote:
           | Further, if someone were to train a machine learning model to
           | predict which people googling "chloroform" actually went on
           | to become kidnappers, you might find yourself at the front of
           | the list -- not for a good reason, but because the term "MAC"
           | is shared between tech and anesthesia, so some innocent
           | fishing around for the OUI prefix on a smart fridge might be
           | misinterpreted by a black box algorithm as the logistics of a
           | kidnapper trying to determine the Minimum Alveolar
           | Concentration of anesthetic required to accomplish their
           | goals.
        
         | bryanrasmussen wrote:
         | > Google "How to kill your husband" and hand it back to her.
         | Congrats, you're safe for another month!
         | 
         | Sure, google's search results suck nowadays, but she could
         | always just go to the library.
        
           | paleotrope wrote:
           | First 20 results are SEO sites with words Husband and
           | Husbandry in them.
        
             | bryanrasmussen wrote:
             | makes perfect sense, there's lots of killing in animal
             | husbandry.
        
         | rbobby wrote:
         | > safe for the another month
         | 
         | Not so fast there buddy. Best check what autocompletes for "how
         | to dispose of a b..." and "best place to b...".
        
           | jfk13 wrote:
           | I get "how to dispose of a broken tv", and "best place to buy
           | a used car". And your point was...?
        
             | rbobby wrote:
             | No body/bury = good
        
       | einpoklum wrote:
       | This story is a smoke screen. The government in general - that
       | is, some branches of the government starting with the NSA -
       | already obtains all this information, and more, automatically
       | from Google, whether willingly or otherwise. No warrant, no
       | specific orders, no nothing. That is part of Edward Snowden's
       | revelations:
       | 
       | https://wiki.openrightsgroup.org/wiki/Guardian_and_Snowden_r...
       | 
       | Many large media outlets have basically buried this fact rather
       | quickly after the initial coverage of the revelations, and now we
       | can have stories about how "the keyword warrant" being "one of
       | the more contentious". Sure, it's contentious, since _more_
       | government bodies get easier access to some of the information,
       | but its infraction of people's privacy is nothing compared to the
       | vast public spying.
       | 
       | One should also mention the mechanism of "National Security
       | Letters", in which the executive branch of the US federal (only?)
       | government can compel non-govenrment entities, in secret, to
       | provide them with whatever information they deem necessary for
       | national security purposes:
       | 
       | https://en.wikipedia.org/wiki/National_security_letter
        
       | farmerstan wrote:
       | On one hand I totally believe that our privacy needs to be
       | protected companies that facilitate government surveillance
       | should be boycotted.
       | 
       | On the other hand, the fact that no one can find Brian Laundrie
       | indicates to be that generally government is incompetent and
       | can't mask all these things together to do anything really
       | useful.
        
         | stickfigure wrote:
         | If he's in the belly of some crocodile, he's probably not using
         | electronic devices.
        
         | annoyingnoob wrote:
         | How does the internet collect data (and share it) about someone
         | offline (presumably in the wilderness)?
        
       | gillytech wrote:
       | Time to stop using Google Search or any of their services.
       | Realistically the only one that's not replaceable ATM is YouTube
       | but hopefully soon will be with other platforms gaining speed.
       | 
       | Personally I use Brave Search for 99% of my searches. They are
       | definitely privacy based, unlike some other alternatives.
        
       | binkHN wrote:
       | If you haven't already, you've been able to "auto-delete" the
       | data Google keeps on you for a while now. I think Google should
       | be turning this on by default for everyone, but, if you are not
       | doing this, a little more detail may be found at
       | https://blog.google/technology/safety-security/automatically....
        
         | kwhitefoot wrote:
         | This is only the data that Google keeps _for_ you, not the data
         | that Google keeps _on_ you.
        
       | annoyingnoob wrote:
       | Don't want to be swept up in a dragnet? Don't want to be a
       | suspect based on normal everyday activities? Then you better not
       | use Google, try DuckDuckGo or another private search engine.
       | 
       | Edit: downvote all you want. dealing with google is like talking
       | to the police, whatever you say/do will be used against you. in
       | googles case for advertising/influencing you or by the government
       | using the google gold mine. you can spare yourself by using a
       | different search engine.
        
         | CountDrewku wrote:
         | I've been de-googling my life as much as possible the last
         | year. I think it's impossible to completely be rid of it but at
         | least I feel I'm doing something.
         | 
         | Moving important email to protonmail. I only use firefox and
         | duckduckgo browsers. Pretty much exclusively using duckduckgo
         | for search. I've installed a PiHole on my home network. I've
         | switched to an iPhone... although I considering some custom
         | android ROM now. Using Apple Maps.
         | 
         | I wish there was a YouTube alternative that was up to par.
        
           | hef19898 wrote:
           | YouTube and YouTube music are the only remnants of Google for
           | me at the moment. With the occasional use if Facebooks
           | messenger for a particular group of friends and WhatsApp. The
           | later _really_ annoys me, so. Turned getting rid of
           | everything MS was much easier, privately that is, now that I
           | don 't need Excel anymore. My employer provided IT equipment
           | is still MS, so.
        
           | Mikeb85 wrote:
           | > Moving important email to protonmail.
           | 
           | https://www.thedailybeast.com/secure-email-provider-
           | protonma...
           | 
           | Protonmail literally gave up the personal info of some French
           | activists who were later arrested...
        
             | jefftk wrote:
             | ProtonMail was required to do this, under Swiss law. They
             | don't track you by default, but they can be compelled to
             | add logging by their government.
             | 
             | This isn't an issue with ProtonMail in particular; any
             | email provider has to follow local laws, and Swiss law is
             | generally a pretty good framework if you have to choose.
        
               | Mikeb85 wrote:
               | For the record, I have no issue with Protonmail (or other
               | tech companies) following the law. But their claim was
               | always that email was encrypted and they "don't track
               | you" which was always nonsense. Just like Apple's privacy
               | promises. In the end all tech companies either track you,
               | have the ability to track you, and have to give you up to
               | the relevant authorities.
        
               | ziddoap wrote:
               | > _For the record, I have no issue with Protonmail_
               | 
               | If this was the case, you would have given the full
               | context in your earlier comment. There is a significant
               | difference between tracking by default and tracking only
               | when issued a court order.
        
               | Mikeb85 wrote:
               | > There is a significant difference between tracking by
               | default and tracking only when issued a court order.
               | 
               | Is there? Either your data is on their server or it
               | isn't. As if they can't give data created before a court
               | order to a government after a court order...
        
               | ziddoap wrote:
               | I can't believe I have to argue that there is a
               | difference between always tracking everything by default
               | and only turning on tracking once a warrant arrives.
               | 
               | In one case, you track everything.
               | 
               | In the other case, you don't track everything. But you
               | have the ability to turn on logging when required (like,
               | for example, with a warrant).
               | 
               | > _As if they can 't give data created before a court
               | order_
               | 
               | This is surprisingly simple. You just don't track the
               | data until you have to because of a warrant. Then you say
               | "Sorry, I don't have data before your warrant arrived
               | because we do not track it".
        
               | 2snakes wrote:
               | It seems to me there are privacy knock-on effects. How
               | long does the logging need to be on? If you turn on
               | logging, does it turn on logging for all? (Seems likely
               | yes) Therefore one warrant can put all other privacy-
               | desiring users at risk...
        
               | ziddoap wrote:
               | > _How long does the logging need to be on?_
               | 
               | This would depend on the warrant.
               | 
               | > _If you turn on logging, does it turn on logging for
               | all? (Seems likely yes)_
               | 
               | No, the warrant must have a specific (non-drag-net)
               | scope. Broadly scoped warrants are fought to reduce the
               | scope to something specific (reduced time-frame, reduced
               | users, etc.). This is common, even with Google/FB. I'm
               | not sure why you assume yes.
               | 
               | > _Therefore one warrant can put all other privacy-
               | desiring users at risk..._
               | 
               | No, not really.
        
               | Mikeb85 wrote:
               | https://protonmail.com/security-details
               | 
               | They literally claim they're "unable" to give data to 3rd
               | parties.
               | 
               | Another claim is that they have secure features for
               | activists and journalists.
               | 
               | The trust is broken...
        
               | kube-system wrote:
               | I think there's a significant and important difference
               | between collecting data after being presented with a
               | warrant, and collecting data indiscriminately by default.
        
             | JasonCannon wrote:
             | Because France had a treaty with Switzerland, the home
             | country of protonmail, and Switzerland gave Protonmail a
             | legally binding warant to turn over information. Nothing
             | that Protonmail could do unless they themselves wanted to
             | be arrested.
        
             | CountDrewku wrote:
             | Being legally compelled to hand over data is not the same
             | as actively collecting every single facet of personal info
             | about people for monetary profit bud.
             | 
             | Google does exactly what you're upset about ON TOP of a
             | plethora of more insidious things.
             | 
             | If you're trying to make a claim that one is equal to the
             | other you're failing miserably.
        
         | shadowgovt wrote:
         | Eric Schmidt, as Google CEO, had a habit of saying unpopular
         | but true things. When he responded to a question about how
         | people interact with Google with "If you have something that
         | you don't want anyone to know, maybe you shouldn't be doing it
         | in the first place," he wasn't so much offering self-criticism
         | as a warning regarding the overall societal trend, of which
         | Google was merely a part.
         | 
         | The context is often left out in that interview snippet,
         | because he goes on to say "... but if you really need that kind
         | of privacy, the reality is that search engines including Google
         | do retain this information for some time, and it's important,
         | for example that we are all subject in the United States to the
         | Patriot Act. It is possible that that information could be made
         | available to the authorities."
         | 
         | Actions online leave a data trail. The US government has broad
         | subpoena power to acquire that data trail. DDG is a smaller
         | aggregation house, so it's less likely to be hit _first,_ but I
         | wouldn 't assume that they don't retain routing info, IP
         | addresses, etc. that could (with some difficulty) be collected
         | and aggregated to narrow the search space for a person.
        
           | gillytech wrote:
           | Privacy is generally agreed to be a human right. And privacy
           | means that you can do or say something and have a right to
           | have it not be known or made public. If someone with access
           | to you data exposes it, it's a violation of privacy.
           | 
           | So no, the old argument of "if you don't want it known, don't
           | do it" is fallacious and dangerous.
        
             | shadowgovt wrote:
             | > Privacy is generally agreed to be a human right.
             | 
             | Correct, but not a universal, constant, perpetual one like
             | life and liberty. It is situational and context-specific;
             | for example, it is not assumed you have a right to privacy
             | regarding what you shout in the public square.
             | 
             | The still open question is the scope (perpetuity and
             | breadth) of that right regarding things like the
             | information you query on a publicly-accessible third-party
             | search service... Does it look more like the privacy around
             | what you do in your own bedroom or around what you do in
             | the public square. And we have precedent that pokes at this
             | topic... One's banking affairs, for example, are relatively
             | private, but the state has a vested interest (taxation and
             | investigation of a crime) in acquiring that information in
             | special circumstances, and banks can and will divulge their
             | copy of that information upon due legal request from the
             | state.
             | 
             | I think it's hard to build a case that you have the same
             | right to privacy as a bedroom right regarding information
             | that you have queried in a third-party's database over a
             | public network. It certainly seems like the jury is still
             | out on the topic (and has been for two or three decades
             | now, at least).
        
               | gillytech wrote:
               | I do agree with you that privacy as a concept is
               | variable, as with many other notions. I wasn't thinking
               | with the right to privacy as a bulwark against a state's
               | legal jurisprudence.
               | 
               | For example say a disgruntled ex-lover posts private
               | medical information on someone else and this gets indexed
               | by Google. Obviously this is a breach of privacy. I would
               | extend that to any private information, and the person
               | should have the ability to remove that private
               | information.
               | 
               | I think it has also been made more and more clear that
               | platforms should not perpetually and forever host
               | information about individuals against their wishes.
               | People change, and this should be reflected in the public
               | square. In the old days, your shouts only existed in the
               | memory of those that were there. Now they are as fresh as
               | the day they were posted.
               | 
               | The UN's Universal Declaration of Human Rights Article 12
               | states: "No one shall be subjected to arbitrary
               | interference with his privacy, family, home or
               | correspondence, nor to attacks upon his honour and
               | reputation. Everyone has the right to the protection of
               | the law against such interference or attacks."
               | 
               | The key is "protection of the law" and this is why I
               | think that privacy should be regulated by government
               | which extends its authority into "private" companies.
               | Clearly that function is needed. However, I am constantly
               | hearing the opposite case being made, that government
               | should use its power to dig up information on law-abiding
               | citizens as they could be doing something illegal.
        
             | Nasrudith wrote:
             | Doesn't the added context change it from a moral argument
             | to a pragmatic one about opsec as it were? Morally not
             | locking your door doesn't mean you should be robbed.
             | Practically it means you are more likely to be robbed.
        
           | jjoonathan wrote:
           | Unpopular but true? No. Popular and false.
        
           | skinnymuch wrote:
           | Schmidt had some incident where some info about him was
           | posted. He was really upset. Pretty sure he threatened or did
           | do legal action. Coming from his position of power.
           | 
           | Doesn't make what he said untrue. Just funnier.
        
         | mdoms wrote:
         | Do you have any evidence that the same government orders were
         | not given to DuckDuckGo? Or that they wouldn't be if DDG had
         | any kind of meaningful market share?
        
           | shadowgovt wrote:
           | If your goal is not to be seen, relying on things without
           | meaningful market share is actually fine.
           | 
           | Security through obscurity is bad long-term, comprehensive
           | strategy because it's unstable and not indefatigable... Not
           | because it doesn't work in the short run and in one-off
           | cases.
        
             | ziddoap wrote:
             | > _If your goal is not to be seen, relying on things
             | without meaningful market share is actually fine._
             | 
             | Except for the cases where you want the exact opposite,
             | because the noise makes it more difficult to find a single
             | person. If there's only 5 people using, say, TOR Browser -
             | you become easy to track.
             | 
             | Not saying this is the case here, just that different
             | situations require different operational security
             | considerations.
        
         | rstat1 wrote:
         | You say that as if DuckDuckGo is completely immune to the same
         | sorts of warrants.
         | 
         | They're all the same, serving you ads based on your search
         | terms.
        
           | vineyardmike wrote:
           | > You say that as if DuckDuckGo is completely immune to the
           | same sorts of warrants.
           | 
           | If you don't collect data, you can't share it in a warrant.
        
             | rstat1 wrote:
             | But they do though. How else are they going to serve you
             | ads based on your search terms? (which they plainly say on
             | their website that they do)
             | 
             | There isn't a single search engine anywhere that isn't
             | collecting some data. Not even DDG.
        
               | leereeves wrote:
               | DDG's privacy policy says:
               | 
               | > When you search at DuckDuckGo, we don't know who you
               | are and there is no way to tie your searches together.
               | 
               | > When you access DuckDuckGo (or any Web site), your Web
               | browser automatically sends information about your
               | computer, e.g. your User agent and IP address.
               | 
               | > Because this information could be used to link you to
               | your searches, we do not log (store) it at all.
               | 
               | https://duckduckgo.com/privacy#s3
        
               | burnished wrote:
               | Serving ads based on your search terms is like serving an
               | ad because some ones search had the word 'bolts' in it.
               | You don't need to keep a lot of information pertaining to
               | that around, not about the people using your service at
               | least.
               | 
               | Google isn't doing that. They have pretty complete
               | portraits of your life (and dare I say) psychology that
               | only comes from having such an incredible wealth of
               | information about you and your position in the network
               | graph.
        
               | vineyardmike wrote:
               | > How else are they going to serve you ads based on your
               | search terms
               | 
               | They obviously have the search term your searching! They
               | don't need to track you, they send the ads back with the
               | search results!
        
             | kobalsky wrote:
             | protonmail used to say this on their website and removed it
             | after some people were arrested because they did provide
             | logs to the french authorities.
             | 
             | the catch is that they didn't log by default but they had
             | to log specific users due to a warrant.
             | 
             | the same will happen any service hosted by legal
             | businesses.
        
               | vineyardmike wrote:
               | Can't log specific users if you don't track who is who.
        
               | lamontcg wrote:
               | > the catch is that they didn't log by default but they
               | had to log specific users due to a warrant.
               | 
               | that is a usable quantum bump up in privacy. requiring
               | the authorities to specifically be investigating you,
               | rather than you just being caught in a dragnet looking
               | for someone to investigate.
        
           | judge2020 wrote:
           | Yes. I think people forget that personalization is not used
           | for ads in Google Search - it's always ads for what you're
           | searching for. Your data is only used for things like YT Ads
           | and banner ads via Adsense-enabled sites.
        
             | ectopod wrote:
             | That's half true. Personalisation informs the search which
             | informs the ads. If I search for a restaurant I get ads for
             | local restaurants.
        
         | lmilcin wrote:
         | > Edit: downvote all you want.
         | 
         | Complaining about being downvoted is shunned upon on HN and is
         | unlikely to cause people to stop downvoting. It brings nothing
         | interesting to discussion and actually reduces density of
         | interesting things.
        
           | annoyingnoob wrote:
           | You only posted a piece of my edit. I did also clarify my
           | point. Was not meant as a complaint as much as a
           | clarification and invitation for discussion. Wish more down
           | votes would comment.
           | 
           | My style tends to be terse/short and perhaps I don't always
           | make my point well.
        
             | fragmede wrote:
             | The edit would have been better if you'd left off the first
             | four words in it. It's not your terseness that's the issue.
        
             | stickfigure wrote:
             | It still detracts from the conversation and invites
             | distracting meta-threads like this one (and yes, I'm
             | contributing). It's really better to let your original
             | point stand on its own.
             | 
             | Don't be disheartened by a few downvotes in the short
             | period while a comment is still editable. You may get many
             | more upvotes as time goes on. Or not, but don't take it
             | personally either way.
             | 
             | There are also people like me that upvote interesting
             | comments even if we disagree with them (especially if they
             | are unfairly negative). Meta-commentary on votes tends
             | makes them much less interesting.
        
               | annoyingnoob wrote:
               | Fair enough.
        
         | duckmysick wrote:
         | Would not using Google or Facebook be considered suspicious at
         | some point?
        
       | goalieca wrote:
       | DuckDuckGo famously does not save your search history but the way
       | things are going I fear that one day such a thing will be
       | mandated.
        
         | panarky wrote:
         | DDG famously blocked people in countries that aren't China from
         | searching for topics that China censors.
         | 
         | https://news.ycombinator.com/item?id=27394925
        
           | celsoazevedo wrote:
           | That was caused by Microsoft (DDG uses Bing search results):
           | 
           | https://www.theguardian.com/technology/2021/jun/04/microsoft.
           | ..
           | 
           | Don't get me wrong, it doesn't make them look good, but the
           | problem was the with the source of their results, not them
           | censoring "tank man".
        
         | pugworthy wrote:
         | And ProtonMail never keeps (er, kept) IP logs.
         | 
         | You can trust them if you want, but really can you trust any
         | company now days?
        
           | rank0 wrote:
           | They were legally compelled to BEGIN keeping logs for a
           | specific individual. It's not that they had logs ready to go.
           | They also notified the user that they had received the Swiss
           | warrant.
           | 
           | What should they have done differently? It's comply with the
           | order or dissolve the company.
        
       | stevens37 wrote:
       | TOR browser + duckduckgo
        
       | wongarsu wrote:
       | In principle I don't have a problem with the police getting a
       | warrant to find out who searched for a specific name or place in
       | a constrained time frame. It's a bit like the police asking the
       | library who checked out a specific book.
       | 
       | The problem is that this could obviously be used with keywords
       | that target a wide group of people, e.g. finding everyone who
       | plans to attend a protest. If we continue to allow keyword
       | warrants we should add a law limiting their reach, e.g. by
       | limiting the number of people who can be revealed in the answer
       | to any one such warrant.
        
         | perihelions wrote:
         | > _" If we continue to allow keyword warrants we should add a
         | law limiting their reach, e.g. by limiting the number of people
         | who can be revealed in the answer to any one such warrant."_
         | 
         | What's frustrating is that that limit is already present in the
         | constitution itself: "upon probable cause... and...
         | *particularly* describing the place to be searched, and the
         | persons or things to be seized". "Particularly" isn't syntactic
         | sugar; it is a word with meaning. "Specifically, uniquely or
         | individually"; "In detail; with regard to particulars".
         | Mass/dragnet/geofence warrants aren't constitutional.
         | 
         | https://en.wiktionary.org/wiki/particularly#Adverb
         | 
         | Plenty of federal judges seem to agree,
         | 
         | https://www.eff.org/deeplinks/2020/08/new-federal-court-ruli...
         | 
         |  _"...geofence warrant violates the Fourth Amendment's probable
         | cause and particularity requirements "*_
        
         | mywittyname wrote:
         | Most people do not have unique names. The number of unique
         | names in the USA is estimated to be around 750,000 (using
         | census data). Out of a population of 330,000,000 people. Which
         | means, on average, 440 people will have the same name.
         | 
         | And these names will be clustered in population centers because
         | people cluster in population centers. And since surnames are
         | generally familial, people with the same names are very likely
         | to live near other people with the same name.
         | 
         | You can use public records searches to find people nearby with
         | the same name as you. You might be surprised at how common it
         | is to have people near you with the same name. There are a few
         | people locally who share a name with me, and who own businesses
         | that probably get a decent amount of internet traffic based on
         | name searches.
        
         | [deleted]
        
         | matheusmoreira wrote:
         | > It's a bit like the police asking the library who checked out
         | a specific book.
         | 
         | And you have no problem with this? Government and police
         | looking into and judging you based on what you read is one step
         | away from policing wrongthink. You can't learn anything deemed
         | dangerous anymore without being arrested. Can't look up how a
         | bomb or sarin gas works without SWAT coming down on you because
         | you're obviously a terrorist.
         | 
         | This government collusion with Google is the same thing.
         | Government and police show up and say "find me a list of people
         | who searched for dangerous knowledge". This is normal now,
         | without even the trepidation depicted in films like Se7en.
        
         | kwhitefoot wrote:
         | Why would a library have records of who borrowed what?
         | 
         | The old manual system in the UK worked on a system where your
         | library card was a sort of envelope into which the book's card
         | was placed and then it was placed in a tray in chronological
         | order. When you returned the book you got your card back and
         | there was no trace.
         | 
         | The library would only be able to say who had the book at the
         | moment when they were asked not for times in the past.
         | 
         | See https://www.1900s.org.uk/1940s50s-library-systems.htm
        
         | Kim_Bruning wrote:
         | I always thought that it was generally accepted that if people
         | tried to get hold of your library-loan records; that that was a
         | red line. You can't call a place a free country if the police
         | can ask for your library information.
         | 
         | For instance: In the Netherlands, libraries tend(ed) to destroy
         | your loaned-book information ~ when the books were returned.
         | (They seem to have since picked up some data-mining habits?)
        
           | tzs wrote:
           | Historically, I don't think there was much concern in the US
           | over library records. Before library records were
           | computerized it was often easy for anyone to find out who had
           | checked out a given book and when.
           | 
           | A typical system might work like this. Inside each book there
           | was a pocket attached to the back of the front cover, and in
           | that pocket was a card.
           | 
           | When you checked out the book, your name and library card
           | number and when the book was due were added to the card,
           | below the entries for previous checkouts, and the card was
           | filed somewhere. A card showing the due date was placed in
           | the pocket and you could then leave with the book.
           | 
           | When you returned the book the checkout record card was put
           | back in and the book re-shelved.
           | 
           | Want to know who has checked out a book before? Just walk
           | into the library and look at the checkout card. No need for a
           | warrant, and no need to even ask a librarian for the records.
           | 
           | Eventually the card would fill up and they'd have to start a
           | new one. I don't know if they kept the old ones or not. Since
           | storing them would take space, I'd guess they were probably
           | thrown away (perhaps after recording some stats on how
           | frequently the book was checked out, because those might be
           | useful in the future when deciding on changes to their
           | collection). If they were thrown away, I don't know if they
           | would have taken care to destroy them or just toss them in
           | the garbage.
        
           | jeffbee wrote:
           | That's certainly not a bright line in any American
           | jurisdiction. Courts can and do order the production of
           | library loan records. In general an American court can order
           | the disclosure of any record maintained anywhere by anyone
           | for any purpose. There are no records that are private and
           | privileged against a court order, with a few narrow
           | exceptions. The police can't order someone to produce
           | anything; they need a court order to do it.
        
             | Kim_Bruning wrote:
             | Hmm, this appears to be a relatively new power.
             | 
             | https://www.propublica.org/article/remember-when-the-
             | patriot...
        
               | jeffbee wrote:
               | No, American courts can order the production of any kind
               | of records, and always have done so. Law enforcement goes
               | to the court, shows "probable cause" regarding a current
               | case, swears to the facts of the case, and the court
               | orders some third party to produce the information. The
               | third party is obligated to comply or contest. This is
               | the legal process to which people are due in the phrase
               | "due process of law".
               | 
               | The Section 215 powers you refer to move jurisdiction of
               | certain matters from one court to another. That's perhaps
               | not great but the main effect of it is giving law
               | enforcement a more secret venue in which to seek
               | warrants.
        
               | judge2020 wrote:
               | Also note that this legal theory only comes into play if
               | they're compelled to do so. The police and investigators
               | can always just kindly ask for records to be produced
               | without a warrant and it's up to the institution to honor
               | that request or not, much like how Google does its own
               | review of law enforcement data requests in absence of a
               | warrant.
        
               | Kim_Bruning wrote:
               | It seems you are right. And other countries have long
               | done similar or worse.
               | 
               | I always thought that in the west you had a freedom of
               | thought and could pursue whatever direction of research
               | you wished without consequence. After all, without
               | freedom of thought, you can't really have proper freedom
               | of conscience, let alone freedom of speech.
               | 
               | I'm slightly disturbed that apparently it's not quite
               | that simple. Today I'm one of the (un)lucky 10000 I
               | guess. https://xkcd.com/1053/
        
               | pempem wrote:
               | Jeffbee is right, but I would also point out the number
               | of hurdles identified. Before the patriot act there were
               | 100% violations of personal liberty and restrictions on
               | consumption of information but there were more hurdles.
               | 
               | The point of the post here isn't that Google is providing
               | records (which they have always if the situation has been
               | identified as appropriate by a judge + public safety +
               | ....) but that they are providing a really high level, in
               | no way targeted or restricted request for records
        
       | air7 wrote:
       | > so-called geofence warrants, where investigators ask Google to
       | provide information on anyone within the location of a crime
       | scene at a given time.
       | 
       | It's amazing we've become so tethered to our phones that it's
       | just implicitly obvious that your phone's location is the same as
       | your location. Authoritarian governments rejoice! People will
       | voluntarily pay and cling to their tracking devices, no need to
       | track them personally.
        
       | AlbertCory wrote:
       | What I don't know, even though I was in the same building with
       | the people who handled these orders in Google Legal, is:
       | 
       | If you clear your Google history (as you should), can they still
       | respond to an order like this with your name? What if you did the
       | search from Brave or Safari, where you were not logged into
       | Google?
        
         | colejohnson66 wrote:
         | > If you clear your Google history (as you should), can they
         | still respond to an order like this with your name?
         | 
         | Assuming they still have the data (didn't delete it, just
         | "cleared" it), then yes.
        
         | jeffbee wrote:
         | I doubt that deleting your search history would trigger a re-
         | write of search logs. After all your history is your data, but
         | search logs are their data. I believe it is their published
         | policy to remove the last octet (or 80 bits, for IPv6) from
         | client addresses in logs after 9 months and to rewrite logs
         | without cookies after 18 months. This probably tells us more
         | about the fact that 18-month-old search logs are not very
         | useful for search quality than it does about privacy.
         | 
         | I'm pretty sure the relevant distinction is between "Data that
         | expires after a specific period of time" and "Information
         | retained until you remove it" in their privacy policies.
         | 
         | I don't see why using Brave or whatever would influence the
         | contents of their server logs.
        
           | AlbertCory wrote:
           | see my comment about "undue burden."
           | 
           | They could, but might say "nah, too much trouble."
        
         | spzx wrote:
         | >If you clear your Google history
         | 
         | Also what if you are logged into Google, but your Google search
         | history was always switched off?
         | 
         | >What if you did the search from Brave or Safari, where you
         | were not logged into Google?
         | 
         | Relevant quote from the article:
         | 
         | >In Wisconsin, the government was hopeful Google could also
         | provide "CookieIDs" belonging to any users who made the
         | searches. These CookieIDs "are identifiers that are used to
         | group together all searches conducted from a given machine, for
         | a certain time period. Such information allows investigators to
         | ascertain, even when the user is not logged into a Google
         | account, whether the same individual may have conducted
         | multiple pertinent searches," the government wrote.
        
           | AlbertCory wrote:
           | CookieIDs are specific to one browser, are they not?
           | 
           | As for the argument that they can still find it: The laws
           | usually allow for the company to decline on the grounds that
           | complying would be an "undue burden." In other words, if
           | their usual method is to run some program they wrote to
           | handle the common case, and this time they'd have to write a
           | new program, they _might_ claim that 's an undue burden.
           | 
           | Might. If they feel like it.
        
         | mandeepj wrote:
         | > If you clear your Google history (as you should), can they
         | still respond to an order like this with your name?
         | 
         | They can still trace you via your IP Address. Ironically,
         | Incognito is not really an incognito
        
       | sneeeeeed wrote:
       | This is why everybody should do all their browsing with Tor,
       | excepting maybe banking and shopping.
        
       | ufmace wrote:
       | Interesting to confirm that this has actually been done. I wonder
       | if there's really any process around it.
       | 
       | It doesn't seem so bad to do it for something super-specific,
       | like the home address of the victim of a crime, in the timeframe
       | that the crime was committed, where you expect to get under 10
       | individuals. What's more worrying is how broad could this get?
       | Are there any actual legal limits, or does Google just give the
       | Government whatever they ask for?
       | 
       | It seems more and more like some of the tech majors are so big
       | and so dominant over the industry and our lives that it makes
       | less sense to treat them as private companies. In theory, under
       | current legal dogma, Google is a private corporation, and I have
       | no rights at all to data it gathers, so it can hand it over to
       | the Government anytime it feels like it with no knowledge or due
       | process. Even if they claim they only share information for the
       | Right Cases, how do you know, how can you trust them? Do you have
       | any recourse if you think your case was not justified?
        
         | mywittyname wrote:
         | > where you expect to get under 10 individuals.
         | 
         | Maybe. If this person was, for example, online dating, a member
         | of a popular club, had a YT/TikTok channel, or shared a name
         | with someone who does or is otherwise notable, this could be a
         | big list.
         | 
         | How would you feel being suspected in a murder case because you
         | searched for a d-list celeb who shares a name with the victim?
        
       | ren_engineer wrote:
       | as always with government power you should ask if you would be
       | alright with your political enemies on the other side of the
       | aisle having full access to abuse the new government power,
       | because they probably will at some point.
        
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