[HN Gopher] Police sweep Google searches to find suspects; facin...
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       Police sweep Google searches to find suspects; facing its first
       legal challenge
        
       Author : ceejayoz
       Score  : 44 points
       Date   : 2022-06-30 20:43 UTC (2 hours ago)
        
 (HTM) web link (www.nbcnews.com)
 (TXT) w3m dump (www.nbcnews.com)
        
       | the_doctah wrote:
       | It's an interesting subject until the article repeatedly suggests
       | that these searches are going to be used to hunt down women who
       | seek abortions. They could have picked literally any crime to
       | pose that rhetorical situation for.
        
       | daenz wrote:
       | I wonder if the future of policing will become so
       | lazy/understaffed that if they can't find a digital paper trail
       | for a crime via ML, it will be kicked to the backlog.
        
         | ceejayoz wrote:
         | Wouldn't change much. They solve 2% of major crimes.
         | https://theconversation.com/police-solve-just-2-of-all-major...
        
       | hn_throwaway_99 wrote:
       | I agree with the other commenter who said that, if the keyword
       | search is narrow in scope such that it would apply to _this_
       | particular crime (in this case, the exact address, and
       | timebound), then it strikes me as a  "reasonable" search, and not
       | a fishing expedition. Furthermore, it seems pretty analogous to
       | what is required for a warrant for a physical search - you can't
       | put out a broad dragnet, it must be targeted in scope, and the
       | definition of "targeted" has pretty much always come out of case
       | law.
       | 
       | Now, when it comes to the fear about being used to prosecute
       | abortions, that is really a totally separate issue, as doing a
       | reverse keyword search for "get abortion pills by mail" is too
       | broad. But I think the broader issue with the abortion examples
       | is that many people fundamentally believe the laws are unjust and
       | _deserve_ to be broken. Whatever the case may be, the legal
       | system itself surely cannot differentiate between  "unjust" and
       | "just" laws.
        
       | ciupicri wrote:
       | Reminds of the "pressure cookers" and "backpacks" scandal from 9
       | years ago.
        
       | ceejayoz wrote:
       | To be honest, this seems like a pretty reasonable search; a
       | warranted search, narrowly scoped in both keywords (a specific
       | address) and timeframe.
       | 
       | Meanwhile, this:
       | 
       | > "If Google is allowed or required to turn over information in
       | this Colorado case, there is nothing to stop a court in a state
       | that has outlawed abortion to also require Google to turn over
       | information on that kind of keyword search."
       | 
       | seems like it's of entirely different magnitude, far less
       | amenable to such a narrow scope.
        
         | ajsnigrutin wrote:
         | > seems like it's of entirely different magnitude, far less
         | amenable to such a narrow scope.
         | 
         | Why?
         | 
         | If the police finds a burnt house, and check who googled for an
         | address... how is that different to them finding an illegal
         | abortion clinic, and checkng who googled for that address?
        
           | ceejayoz wrote:
           | > If the police finds a burnt house, and check who googled
           | for an address... how is that different to them finding an
           | illegal abortion clinic, and checkng who googled for that
           | address?
           | 
           | I don't think that sentence refers to _illegal_ abortion
           | clinics; I think they 're referring to state laws that
           | attempt to punish out-of-state abortions
           | (https://www.usnews.com/news/national-
           | news/articles/2022-05-1...).
           | 
           | That said, a clinic is more like a house that burns down
           | _several times daily_ , which dramatically expands the scope
           | of any such warrant.
        
         | lin83 wrote:
         | If the requirement to be narrow and time limited is not
         | codified in law (which afaik it is not) it is pretty much
         | guaranteed such broad searches will happen. All it takes is
         | convincing a judge.
         | 
         | If the past has taught us anything it's that law enforcement
         | will use any tool to the maximium of what is allowed and then
         | beyond (e.g. coerced phone searches, racially motivated stop
         | and search, drug dogs to force vehicle searches, privately
         | sourced licence plate tracking and face recognition, criminal
         | DNA testing from rape kits, forced biometric collection and
         | more).
        
           | tunap wrote:
           | Oh no, they need not convince a judge. Thanks to the Patriot
           | Act, they can surveil and ask for permission ex post facto.
           | Or, surveil and never ask for permission, if the LEOs decide
           | not to request a warrant... again, after the surveilling has
           | been completed.
        
           | ceejayoz wrote:
           | It is codified, in the Fourth Amendment.
           | 
           | > no Warrants shall issue, but upon probable cause, supported
           | by Oath or affirmation, and particularly describing the place
           | to be searched, and the persons or things to be seized
           | 
           | Legally, the term is "particularity".
        
             | chucksta wrote:
             | https://www.aclu.org/blog/documents-aclu-case-reveal-more-
             | de...
             | 
             | >The FBI's role in the process is a condition of the
             | Federal Communication Commission's equipment authorization
             | issued to the Harris Corporation.
             | 
             | The result is that members of the public, judges, and
             | defense attorneys are denied basic information about local
             | cops' use of invasive surveillance gear that can sweep up
             | sensitive location data about hundreds of peoples' cell
             | phones. For example, when we sought information about
             | Stingrays from the Brevard County, Florida, Sheriff's
             | Office, they cited a non-disclosure agreement with a
             | "federal agency" as a basis for withholding all records.
             | When the ACLU of Arizona sued the Tucson Police Department
             | for Stingray records, an FBI agent submitted a declaration
             | invoking the FBI nondisclosure agreement as a reason to
             | keep information secret.
             | 
             | Yeah it works really well
        
               | ceejayoz wrote:
               | Stingrays are typically warrant _less_ ; a very different
               | scenario than this case. Their very nature makes them
               | pretty broadly scoped, too, impacting anyone in range.
               | 
               | (I'm of the opinion they're a Fourth Amendment violation,
               | and quite a few court cases are winding their way through
               | the system. Quite a few judges have already ruled against
               | their warrantless use. https://en.wikipedia.org/wiki/Stin
               | gray_use_in_United_States_...)
        
             | [deleted]
        
         | slaymaker1907 wrote:
         | I hope courts require both that the requested search data is
         | very specific to the crime (which you are right, a specific
         | address is specific), and I also think that such requests
         | should be by court order/search warrant. The specificity
         | requirement is most important, but I think law enforcement
         | should not get a blank check to do these sorts of queries. It's
         | a lot harder to convince a judge/jury that a query was too
         | broad after it turned up good evidence compared to rejecting
         | the query before it is run and collected.
         | 
         | That's all from a legal perspective. From a policy perspective,
         | I think our search histories should not be collected in the
         | first place as much as practically possible. In meatspace,
         | libraries are actually very protective of what books you look
         | up/checkout. Seattle City Library actually requires you to opt-
         | in for tracking of your checkout history because they know this
         | sort of data is sensitive.
        
         | dillondoyle wrote:
         | Would person ___ searches 'within 2 weeks of last menstruation'
         | be narrow enough?
         | 
         | The case of this is fine to me on it's face. But examples like
         | the above are terrifying.
        
           | ceejayoz wrote:
           | I don't think that'd be comparably narrow, no.
        
             | dillondoyle wrote:
             | how about adding specific person Jane Doe searches address
             | ___ of planned parenthood within 2 weeks of last
             | menstruation
             | 
             | To me the ultimate problem isn't the scope of the search.
             | It's that the guardrails against partisanship are gone via
             | takeover of law by Republicans and christian crusaders.
             | 
             | Attorneys general and judiciaries have huge power and are
             | so lopsided depending on geography and political party in
             | charge. and I don't trust the ultimate Supreme Court to do
             | what's right in the end
             | 
             | that it's illegal now is crazy. That is seems likely that
             | they will try to prosecute people (more likely TX style
             | citizen suits) for getting healthcare in a different state
             | is crazier.
        
               | ceejayoz wrote:
               | Planned Parenthood provides prenatal care and other non-
               | abortion services. No probable cause.
        
         | matt321 wrote:
         | Everyone agrees preventing criminals from burning people alive
         | is wrong, but some people don't think abortion is wrong so
         | there's grey area there.
        
           | ceejayoz wrote:
           | Sure, but there's still a big scope difference; "who searched
           | for this one address right before it burned down" versus "who
           | searched about abortion; we don't know anything much more
           | specific than that".
           | 
           | > Google delivered information on 61 queries, according to
           | court filings, along with the IP address -- a unique number
           | for each computer on the internet. Investigators focused on a
           | handful of those queries, asking Google to provide detailed
           | user information for them. One of them was linked to the
           | 17-year-old.
           | 
           | That's pretty narrow.
        
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