Sunday, February 05, 2006

Beware: Disappearing Blog Entries

I'm not sure if anybody saw my post yesterday re story on Google/Internet search privacy. Apparently it vanished, so here is an attempt to recreate . . . See Saul Hansell, Increasingly, Internet's Data Trail Leads to Court, N.Y. TIMES, Feb. 4, 2006, at A1.

The article addressed many of the same points we discussed in class, but provides some additional insight, most notably to Professor Lee's question about whether the search info could actually be tied to a particular user (hint: it probably can!).

Professor Kerr also contributed, "The big story is[,] the privacy law that protects your e-mail does not protect your Google search terms," (emphasis added). It looks like we may be headed for a Supreme Court showdown in the not too distant future . . .

My personal feeling on this is apprehension, given the recent changes in the Court. We really don't know where Justice Alito stands on privacy, and we can only hope that his view is a little more broad than Justice Scalia's. See, e.g., Lawrence v. Texas (Scalia, J., dissenting).

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