Google Inc. on Friday formally rejected the U.S. Justice Department's subpoena of data from the Web search leader, arguing the demand violated the privacy of users' Web searches and its own trade secrets. Responding to a motion by U.S. Attorney General Alberto Gonzales, Google also said in a filing in U.S. District Court for the Northern District of California the government demand to disclose Web search data was impractical.
The Bush administration is seeking to compel Google to hand over Web search data as part of a bid by the Justice Department to appeal a 2004 Supreme Court injunction of a law to penalize Web site operators who allow children to view pornography. Google is going it alone in opposing the U.S. government request. Rivals Microsoft Corp. and Yahoo Inc. are among the companies that have complied with the Justice Department demand for data to be used to make its case.
Google's lawyers said the company shares the government's concern with materials harmful to minors but argued that the request for its data was irrelevant. They offered a series of technical arguments why this data was not
useful. The Mountain View, California-based company said that complying with the U.S. government's request for "untold millions of search queries" would put an undue burden on the company, including a "week of engineer time to complete."
"Algorithms regularly change. The identical search query submitted today may yield a different result than the identical search conducted yesterday," attorneys from Perkins Coie LLP, the company's external legal counsel, argue in the filing. Complying with the Justice Department request would also force Google to reveal how its Web search technology works -- something it jealously guards as a trade secret, the company argued. It refuses to disclose even the total number of searches conducted each day.
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