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IT Blogwatch

A Daily Digest of IT Blogs from Richi Jennings

It's got a 'B' in it! (and extra-defensive coding)

In today's IT Blogwatch, we look at Google's privacy spat with the US Government (noting that most people can't spell subpoena). Not to mention an example of defensive programming taken to unnecessary extremes...

Big brother is doing more than watching these days. The US Government wants Google's records subpoenaed as John Packowski explains: "If you don't regularly anonymize your Google cookie and purge your personalized search history, now might be a good time to start (then again, in this day and age, why bother?). The Department of Justice on Wednesday asked a federal judge to order Google  to comply with a subpoena issued last year for search records stored in its databases ... one million random Web addresses and records of all Google searches from a one-week period, is essential to its upcoming defense of the constitutionality of the Child Online Protection Act (think of the children!) Google has so far refused to comply with the subpoena, saying the release of such information would violate the privacy of its users ... Here's hoping the company prevails. The release of such records sets a truly unsettling precedent. And if the government's claim that other, unspecified search engines have already agreed to release similar information proves true, we have already lost our footing on a very slippery, very dangerous slope."

» Xeni Jardin confirms that it's not just Google: "I asked a Justice Department spokesperson which search engines other than Google received requests to provide search records. The answer: Yahoo, AOL, and MSN were also asked to supply search records information, and all complied. Google did not, and that is why the DoJ asked a federal judge on Wednesday to order the company to do so."

» Peter Pollack Arstechnica: "Simply put, Google is an information vacuum cleaner. It crawls web sites and records their content. It records newsgroups, news feeds, books, images, catalogs, and the planet Earth. It also records itself, saving data on user searches in a constant effort to improve its proprietary search technology ... the government believes that information about Google pornography searches will support it's position on reviving COPA, which was struck down in 2004 ... the government's insistence on standing behind this one runs much deeper than the noble desire to protect our children, and even deeper than the privacy issues inherent in releasing specific records ... one of the key concepts in American law is that of stare decisis ... decisions made by a higher court must be upheld by a lower court ... They are being subpoenaed to do nothing more than revive a law that has already been struck down. This sets a relatively low legal standard for the release of confidential records, and if upheld, that standard could be referenced in future legal cases ... Perhaps the government should engage the much more difficult task of writing laws that won't be overturned by the courts, or promoting better parenting so such activity is prevented in the home. Either way, hammer-headed laws and dangerous (lack of) privacy precedents are the wrong answer"

» Andrew Orlowski, El Reg: "It's a fishing expedition, unconnected with any ongoing criminal prosecution ... Google sets its cookies to expire in 2038, and launched products and services which make that cookie personally identifiable with a user, such as GMail, and a 'personalized' search page ... If, as looks likely, the DoJ succeeds, then surfers worldwide will have a US Attorney General who knows a lot more about you, too."

» Danny Sullivan of Search Engine Watch wrote a book on this subject, it was a blog post but it grew: "Here's a thought. If you want to measure how much porn is showing up in searches, try searching for it yourself rather than issuing privacy alarm sounding subpoenas. It would certainly be more accurate ... Do you know every variation of a term someone might use, that you're going to dig out of the hundreds of millions of searches you'd get? Oh, and be sure you filter out all the automated queries coming in from rank checking tools, while you're add [at] it. They won't skew the data at all, nope. Moreover, since the data is divorced from user info, you have no idea what searches are being done by children or not. In the end, you've asked for a lot of data that's not really going to help you estimate anything at all."

» Arkanes, Slashdot: "Wow, way to ruin the internet ... It's important to remember that the internet is not like the real world, and that 'community standards' [is] a pretty questionable standard to apply to it anyway. Unlike physical locations, you can't be required to pass by a porn site in order to get to somewhere else. If you're looking at porn on the internet, then you're either doing it with full knowledge of your circumstances, someone has subverted your computer, or you're doing foolish image searches. And even if it's the last, I think it's extremely questionable that we need legislation to 'protect' against this. I suspect that the amount of porn 'delivered to children' when those children weren't actively seeking it out is extremely minimal and unlikely to happen enough to damage someone."

Buffer overflow:

And finally... Ask Thrice and Ye Shall Receive -- WTF?

Richi Jennings is an independent technology and marketing consultant, specializing in email, blogging, Linux, and computer security. A 20 year, cross-functional IT veteran, he is also an analyst at Ferris Research. Contact Richi at blogwatch@richi.co.uk. Also contributing to today's post: Judi Dey, our very own Antipodean.

What People Are Saying

Many ways to look at this

There are many ways the public can look at these issues.

The average home user does not know a whole lot about what can happen on their own computer when they are not home. Enter the children. Yes we need to protect them, but even a teenager knows they can get a free Yahoo email address and state they are over the age of 18 so he/she can set up games without parent approval. If they see a link that says “Free Xbox 360” and click on it, the menu takes them through to enter their email and address.

Guess what. Here comes the junk mail which includes advertisements to porn sites. This may be only the beginning of his ventures. The door opens somewhere folks.

There are predators out there, no one is debating that. Those who seek access to children for their perverted illegal acts should be prosecuted. Law enforcement is doing this with other measures, what they want now is to randomly search through your “home, dresser drawers, office, personal emails (what next U.S. Mail)” before they have probable cause.

Essentially this is no less than allowing them to come into your home and search without a warrant which has to be obtained with probable cause. What the government is asking for from the entire internet search engine providers is an invasion of privacy and cannot possibly serve to adequately prove their case. No one is capable of saying who was actually sitting at any specific home computer at any specific time of day, performing any specific search. This would be impossible for them.

What I cannot understand is why the government is wasting so much time and energy trying to gain access to files, review files and identify multitudes of individuals to “investigate” and prosecute. Who do you investigate with 2 or more people in the family? Each time the bolts are tightening down and all U.S. Citizens may have to be in fear of single words said on any telephone, typed on a search engines or email, or whispered in public without having someone else subpoenaed to turn over evidence that could be used against them.

This is not the America that our forefathers laid out for us in the U.S. Constitution. I commend Google for what they have done, and with children of my own I do not fear they have done anything to jeopardize the safety of children.

The safety of my children is in my hands, and I have to deal with what my children want to do on the computer all the time. It can be a nightmare for parents out there, but in this day and age parents have to be diligent. For the record if anything what Google is doing is not just to protect the privacy of its users. It protects the rights of Americans according to the laws of the U.S. Constitution.