"In the trial of a pornographic Web site operator, the defense plans to show that residents of Pensacola are more likely to use Google to search for terms like 'orgy' than for 'apple pie' or 'watermelon.'" (NYT)
Okay. I am not a lawyer, nor am I very bright, but I will try to explain what could happen from a trial like this.
The attorney for the defense wants to use Google's database of searches sorted by geographic area to define what community standards should be based on keywords used in those searches.
The lawyer is trying to show that you like porn, no, that you love porn. He wants to define community standards based on what you search for on the Internet.
I don't know about you, but I can find porn on my own, there's a whole folder full of it in my favorites; I don't need Google's help. But I do need help with baking an apple pie or gauging the ripeness of a watermelon. The only time I use Google to search for orgy information is when I need to know how soon after one should I send out the "thank you" notes (Miss Manners advises within 48 hours of the last guest leaving the orgy).
All this googling is only going to establish a community standard for computer users who use Google to find stuff. And regular porn is easy to find. But what if you need monkey porn? So Google registers a large percentage of monkey porn searches. Does that mean that my community loves monkey porn because I search for it twenty times a day? No, it just means that a subset of the original subset like monkey porn. It isn't a random survey. It's like using Mötley Crüe fans to estimate the total number of black widow tattoos and declare that 40% of USA residents have black widow tattoos.... not scientific, just bullshit. But fun.
If mining Google search data becomes the norm for defining community standards, then what's to stop anyone from polluting that data. Is Google going to throw out disingenuous or bogus searches? What if the local church has its members search for love and Jesus and Saviour and Bible? And what if the defense attorney bombs the search with millions of pony sex searches? Or rape searches? Or murder? Do rape and murder become legal community standards because Almighty Google says so? I'd bet there are thousands of searches for porn and even child porn in any community.
Internet searching is impulsive. "Hmm, monkey... porn. Ooh. Gross." So now, I've condemned my community to a future of monkey porn video shops?
The next logical step in this is having thought police or having Google ask before you submit a search, "Are you sure you want to search for 'dolphin orgy'?"
Now that I'm Feeling Lucky button sounds more like Dirty Harry asking, "...Ask yourself one question: do I feel lucky? Well, do you, punk?"
Because the next logical step would be for the state prosecutor to lose the case intentionally. Ponder this: if we allow Google search results to define community standards, in essence, becoming an accurate and even legal snapshot of a community, then what would stop law enforcement from performing the same search to gauge criminal activity in a community. If we are what we search, then if you search for how to hide your weed, then you are criminal. If you search for how to secure a child slave in your basement, then you have just established probable cause for law enforcement to get a warrant to get Google to turn over your IP address and then to get your provider to turn over your personal information and to have you arrested.
The point is that no one should be spying on my searches just as no one should be spying on my thoughts. That Google keeps this information is just another reason that I never go on the Internet without wearing a disguise. Today I'm dressed as Raggedy Ann; tomorrow maybe Postmaster General Samuel Osgood. See if you can find me now, you bastards.
[sorry, forgot to give credit to where I originally saw this, here it is..]
