The public should not be afraid of searching for any information, no matter how personal and private it may be.
We will probably not be making that argument.
This is the latest example where the government seems to think they are entitled to get all sorts of information without providing an adequate justification.
If they can't get that, it's a good thing for privacy advocacy.
We have already told AOL that it's likely we will need to do that discovery if the government relies on information provided by AOL regarding its search engine. And we've also so informed Microsoft.
The government's attitude, apparently, is that it's entitled to information without justification. Like everyone else in litigation, they need to justify their request for information.
When people want information about potentially sensitive subject areas, they should be able to search for that freely and anonymously. If the government is conducting fishing expeditions, people are going to be chilled.
If the government utilizes the information in any manner, we're very likely going to need to do follow-up discovery.
Our understanding is that MSN and AOL have complied with the government's request, that Yahoo has provided some information in response, but that information wasn't completely satisfactory according to the government.
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