Search term orders are effectively fishing expeditions, hoping to ensnare possible suspects whose identities the government does not know
The U.S. government is secretly ordering Google to provide data on anyone typing in certain search terms, an accidentally unsealed court document shows. There are fears such “keyword warrants” threaten to implicate innocent Web users in serious crimes and are more common than previously thought.
In 2019, federal investigators in Wisconsin were hunting men they believed had participated in the trafficking and sexual abuse of a minor. She had gone missing that year but had emerged claiming to have been kidnapped and sexually assaulted, according to a search warrant reviewed by Forbes. In an attempt to chase down the perpetrators, investigators turned to Google, asking the tech giant to provide information on anyone who had searched for the victim’s name, two spellings of her mother’s name and her address over 16 days across the year. After being asked to provide all relevant Google accounts and IP addresses of those who made the searches, Google responded with data in mid-2020, though the court documents do not reveal how many users had their data sent to the government.
It’s a rare example of a so-called keyword warrant and, with the number of search terms included, the broadest on record. (See the update below for other, potentially even broader warrants.) Before this latest case, only two keyword warrants had been made public. One revealed in 2020 asked for anyone who had searched for the address of an arson victim who was a witness in the government’s racketeering case against singer R Kelly. Another, detailed in 2017, revealed that a Minnesota judge signed off on a warrant asking Google to provide information on anyone who searched a fraud victim’s name from within the city of Edina, where the crime took place.
While Google deals with thousands of such orders every year, the keyword warrant is one of the more contentious. In many cases, the government will already have a specific Google account that they want information on and have proof it’s linked to a crime. But search term orders are effectively fishing expeditions, hoping to ensnare possible suspects whose identities the government does not know. It’s not dissimilar to so-called geofence warrants, where investigators ask Google to provide information on anyone within the location of a crime scene at a given time.
“As with all law enforcement requests, we have a rigorous process that is designed to protect the privacy of our users while supporting the important work of law enforcement,” a Google spokesperson said.
The latest case shows Google is continuing to comply with such controversial requests, despite concerns over their legality and the potential to implicate innocent people who happened to search for the relevant terms. From the government’s perspective in Wisconsin, the scope of the warrant should have been limited enough to avoid the latter: the number of people searching for the specific names, address and phone number in the given time frame was likely to be low. But privacy experts are concerned about the precedent set by such warrants and the potential for any such order to be a breach of Fourth Amendment protections from unreasonable searches. There are also concerns about First Amendment freedom of speech issues, given the potential to cause anxiety amongst Google users that their identities could be handed to the government because of what they searched for.
“Trawling through Google’s search history database enables police to identify people merely based on what they might have been thinking about, for whatever reason, at some point in the past. This is a virtual dragnet through the public’s interests, beliefs, opinions, values and friendships, akin to mind reading powered by the Google time machine,” said Jennifer Granick, surveillance and cybersecurity counsel at the American Civil Liberties Union (ACLU). “This never-before-possible technique threatens First Amendment interests and will inevitably sweep up innocent people, especially if the keyword terms are not unique and the time frame not precise. To make matters worse, police are currently doing this in secret, which insulates the practice from public debate and regulation.”
The Wisconsin case was supposed to have remained secret, too. The warrant only came to light because it was accidentally unsealed by the Justice Department in September. Forbes reviewed the document before it was sealed again and is neither publishing it nor providing full details of the case to protect the identities of the victim and her family. The investigation is ongoing, two years after the crimes occurred, and the DOJ didn’t comment on whether or not any charges had been filed.
By: Thomas Brewster, Forbes Staff