The Black Box of Internet Searches: Consent Without Knowledge

I, like millions of other people, use Google as my primary search engine. When I need to access information quickly, I type a few keywords in Google, press "enter" and voilá - the information appears. Easy, convenient, and fairly accurate information at my fingertips, all just a few clicks away. Ever wonder what happens to those Internet searches? They just don't disappear into the ether. Google saves them, every single one of them.

Not only does Google save them, they can track the searches to back to you through something called an IP address. An IP address is a unique identifier for computers accessing the Internet. Every computer that accesses the Internet has an IP address. Typically, your Internet Service Provider assigns the IP address (Website hosts can also assign IP addresses.) It can be a Static IP, always the same address each time you logon, or a Dynamic IP, the address changes each time you access the Internet - although the IP address changes, it is still assigned (controlled) by the Internet Service Provider.

The IP Address can pinpoint your location by City, State, longitude, latitude, and zip code.

Additionally, it gives the name of your Internet Service Provider. The IP address does not give the exact location of the Internet user's home address; however with a little sleuthing, this information can be obtained.

Why does Google keep all Internet searches? I don't know. This is a question we need to ask Google. What I do know is law enforcement can use your Internet searches against you with the assistance of Google, AOL, and other search engines. "In Big Brother, Big Business," a CNBC documentary, Google and AOL assist law enforcement with tracking Internet searches to the individual. Of course law enforcement must adhere to the laws of due process; subpoenas, search warrants, eavesdropping requests, and court orders; then the decision is left to Google and AOL whether or not to comply.

Google saves every Internet search every made with its search engine forever, and for G-mail users, Google keeps deleted e-mails for two months after deletion. AOL keeps unread e-mails for 28 days on its servers, deleted e-mails for two days after deletion, and IP addresses for 30 days. There is no law that requires Internet companies to keep your e-mails after you delete them. Furthermore, there is no law that requires them to keep your Internet searches either. Company management makes these decisions.

Why do Google and AOL keep e-mails after they were deleted? What is the message here? AOL will say it is a matter of customer convenience. If a customer inadvertently deletes an e-mail, it can be retrieved at the customer's request. Sounds reasonable. But, AOL receives "preservation requests" from law enforcement requesting deleted e-mails be kept for 30 days after deletion. The preservation requests have to be specific and have to be made for a particular customer; they are not blanket requests.

So, what's wrong with this picture? Google could post a notice to its users on its Web site stating something to the effect of, " We can trace all of your Internet searches to you and they can and will be used against you in a court of law. AND, by the way, we keep your Internet searches forever." At least people will be aware of the potential impact of their searches.

The government is forbidden from keeping dossiers on American citizens, but no such prohibition exists for private companies. There is a convergence between private Internet communications companies and law enforcement's access to data these companies store. It is true this information can be used to catch criminals and it is equally true this information can be used for nefarious reasons such as identity theft.

The issue is do we want our private information and data collected, stored and sold to the highest bidder, and accessed by law enforcement? Do we, the American people, have a voice in this matter?

In Part III of this series, I will shed some light on other data collection and storage companies that should concern every citizen, and discuss privacy rights in the U.S.

Works Cited

CNBC. (2009 23-July). Big Brother Big Business. Englewood Cliffs, NJ.