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Re:Feds order Google to track people searching certain names... by RattleyCooper on Monday October 25, 2021 @04:04PM (#28992448)
Look at it this way, if a car is involved in a drive-by shooting the police can't get a warrant to search every single home that has the same year/make/model of car registered to with that address. For a legal warrant you have to have probable cause that a specific person committed a crime. You can't just search everybody and see what sticks, that's blatantly unconstitutional.
Re:Feds order Google to track people searching certain names... by zamfi on Monday October 25, 2021 @06:04PM (#28993707)
> For a legal warrant you have to have probable cause that a specific person committed a crime. You can't just search everybody and see what sticks, that's blatantly unconstitutional.

Sure, though it’s worth noting that nothing prohibits the police from walking down the street and asking people. Those people don’t have to talk to the police, but…

Google will fight warrants like this. AT&T doesn’t. Other companies have varying policies on this.

Obviously, one can’t assume data is not available to law enforcement merely because the police would need a warrant to get it over a possessor’s objections.

Re:Feds order Google to track people searching certain names... by BobbyJo on Monday October 25, 2021 @07:57PM (#28994795)
I think something everyone should be aware of as well: there is no legal requirement that Google not hand over this data to police. A warrant is needed to force Google to hand over such data, but they don't need anything at all to ask Google nicely. And if Google decides it's in their best interest to comply without a warrant, they are the legal owner of the data, so ...
Re:Feds order Google to track people searching certain names... by gnopgnip on Tuesday October 26, 2021 @02:23AM (#28997057)
> there is no legal requirement that Google not hand over this data to police.

This isn't really true. The Electronic Communications Privacy Act prohibits third parties from sharing electronic communications without a warrant. It doesn't matter if they are the legal owner of the data, if it is about a third party that has fourth amendment protections.

Re:Feds order Google to track people searching certain names... by BobbyJo on Tuesday October 26, 2021 @05:27AM (#28998194)
IANAL, but the way I understood ECPA it only really protects communication while in transit, and both stored communications and data disclosed to third parties isn't really protected, depending on the context.

Search history, and Google's analytics about you, are a gray area, because you are communicating with Google, not using Google as a transport layer with an expectation of privacy.

Like, if the FBI asked me for my text messages with person X, I can hand them over if I want since they are my communications, but if they want the texts from my phone company they are legally protected. Using search is like texting Google.

Re:Feds order Google to track people searching certain names... by gnopgnip on Wednesday October 27, 2021 @01:57PM (#29016689)
Stored communications, data stored electronically is protected as well under the wiretap act. Search history, location history is covered, it requires a warrant.
Re:Feds order Google to track people searching certain names... by Maarten88 on Monday October 25, 2021 @09:32PM (#28995373)
I wonder if this is true for me as a EU citizen. Per the GDPR, companies can use personal data without consent when there is a legal requirement, but I think they can't just hand it out without consent when they just feel like it.

Maybe that is where the warrant comes in, to make it plausible that it is required?

I guess we'll find out when they arrest the first EU citizen based on this data.

Re:Feds order Google to track people searching certain names... by rndgermandude on Tuesday October 26, 2021 @03:09AM (#28997297)
The GDPR states that there is a list of purposes which allows member states law to restrict the scope of the GDPR[0]. One of these purposes is "the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security".

German law uses this to allow "non-public" controllers/processors (aka companies) to give data to German (and EU) law enforcement[1]. The police still needs to specify legal grounds, e.g. the investigation of a concrete alleged crime, and "drag net" investigations are generally not legal. The controller/processor has no obligation to give data to the police if they just ask, but it can if the police request is narrow enough and names the legal grounds. If there is a court order, that's another matter, then the company is obligated to provide the data.

But what about the US law enforcement wanting data about some German citizen within the scope of the GDPR and German law? A service provider is not allowed to give US law enforcement such data[2][3], but in this case the US law enforcement will usually use the mutual legal assistance treaty (MLAT) between the US and Germany to ask the German police for help, and the German police will then essentially ask for the data and (provided there are legal grounds) the service provider is allowed to pass data to the German police, which passes it back to the US law enforcement.

Legislation in other EU member states is mostly quite similar.

[0] https://gdpr-info.eu/art-23-gdpr/

[1] https://dsgvo-gesetz.de/bdsg/24-bdsg/

[2] https://gdpr-info.eu/art-48-gdpr/

[3] But it really becomes complicated when the service provider is under US jurisdiction (in this example). Then the service provider is caught between competing law of two different jurisdictions and is in the unfortunate position to decide what law to break.

Re:Feds order Google to track people searching certain names... by jtmarmon on Tuesday October 26, 2021 @12:32AM (#28996425)
IANAL but the answer appears to be no. Even an actual warrant doesn't count. Legal processing has to be required by the law of an EU member state, US court rulings don't count

See https://gdpr-info.eu/art-6-gdpr/ (6)(1)(c) (6)(3)(a/b) and https://gdpr-info.eu/art-48-gdpr/ (48)

That's not to say I know how a Google would react to a US warrant about an EU citizen (especially given the CLOUD act https://en.wikipedia.org/wiki/CLOUD_Act) but from what I can tell it's not permitted under GDPR

Re:Feds order Google to track people searching certain names... by JohnWhigham on Tuesday October 26, 2021 @09:33AM (#29000184)
there is no legal requirement that Google not hand over this data to police.

Yet they always do! Weird how that works out.

Re:Feds order Google to track people searching certain names... by 77pt77 on Monday October 25, 2021 @07:46PM (#28994701)
>Google will fight warrants like this.

They are already complying. It's right there in the article.

Re:Feds order Google to track people searching certain names... by AlbertCory on Monday October 25, 2021 @08:03PM (#28994844)
My bad. You're right.
Re:Feds order Google to track people searching certain names... by addingnumbers on Tuesday October 26, 2021 @10:22AM (#29000763)
Genuine question, what led you to believe Google would fight this sort of thing?
Re:Feds order Google to track people searching certain names... by passivate on Monday October 25, 2021 @07:15PM (#28994397)
>Google will fight warrants like this.

How many keyword-search warrants have they fought? The article seems to suggest google has been providing data to the us government in the past and that this is an on-going collaboration.

Re:Feds order Google to track people searching certain names... by jonas21 on Monday October 25, 2021 @06:49PM (#28994151)
On the other hand, if a specific type of nail is used as shrapnel in a homemade bomb, investigators can go around to all hardware stores in the area and get security camera footage of customers who recently bought large quantities of that type of nail.

This isn't a hypothetical situation - according to the LA Times, it's how they ended up cracking the Austin bombing case that involved the Google warrant [1]:

> Trying to find the buyer of the nails, officials “went to every hardware store” in the area to find customers who had made large purchases, and they struck gold with a Home Depot store in the Austin suburb of Round Rock, McCaul said in an interview with the Los Angeles Times.

> “The fatal mistake that led law enforcement to him — because he was pretty good at evading surveillance cameras — was when he walked into Home Depot,” McCaul said. Investigators obtained surveillance video of Conditt walking into the store in a wig and walking back out to a vehicle with a license plate connected to his name.

So I think there's a little more nuance here. Certainly matching a list of generic terms seems too broad. But a warrant for specific keywords that was limited to a specific city and time frame might be analogous to going to all the hardware stores in the city and pulling security footage?

[1] https://www.latimes.com/nation/la-na-austin-bombings-suspect...

Re:Feds order Google to track people searching certain names... by thaumasiotes on Monday October 25, 2021 @06:51PM (#28994172)
The police can ask for anything. It's not the same thing as ordering something.
Re:Feds order Google to track people searching certain names... by jonas21 on Monday October 25, 2021 @06:56PM (#28994217)
That's a good point. The reason they had to get a warrant for Google is that Google refuses to hand over data unless they're compelled to do so (and I'm glad they're willing to take this stand). It's unclear whether there were any warrants for the hardware stores of if the stores simply gave up the data when asked.
Re:Feds order Google to track people searching certain names... by jacquesm on Tuesday October 26, 2021 @04:03AM (#28997617)
A while ago there was someone here on HN that thought that he could evade the authorities for a longer stretch of time if he decided to do so. This works right up to the point where there is a serious reason to find you and then you are as good as without a chance. For the same reason that computer security is hard: you need to make it work every time, and they only need the one break. It's just a matter of resources at that point.
Re:Feds order Google to track people searching certain names... by Consultant32452 on Monday October 25, 2021 @10:25PM (#28995719)
I can imagine a scenario where the warrant is for searches that you would not believe a human would naturally make on their own. I think SCOTUS would allow that.

Scenario: Hello fellow criminals. Instead of point to point communication, we will make random posts/pages that have our combination of words on them. So if you want to read our communication, do a google search for the exact quote "purple antelope shoe couch can squirrel."

Re:Feds order Google to track people searching certain names... by ineedasername on Monday October 25, 2021 @11:11PM (#28995995)
naturally make

Though some of those bomb searches could easily be made by anyone curious about past bombing incidents. I've certainly had some curiousity-based searches about how the Unibomber did his work.

How do we end up defining naturally? That's a question the court would ask, and want to be able to provide a litmus test for going forward. I'm not sure how we do that here... Statistical probability at some specific threshold? It's a difficult question.

Re:Feds order Google to track people searching certain names... by sterlind on Tuesday October 26, 2021 @03:09AM (#28997304)
I'm pretty sure I've searched those terms myself, looking up how high and low explosives are used as detonation lenses in atomic bombs.

I also looked up whether PLA can be made conductive and if it shows up normally in x-rays, to determine if I could legally 3D print the lower receiver for a handgun in my state.

...come to think of it, I wouldn't be surprised if I tripped some queries, and they just realized I'm an insatiably curious but harmless nerd and left me be.

Re:Feds order Google to track people searching certain names... by Consultant32452 on Tuesday October 26, 2021 @08:16AM (#28999427)
Yes, once the very unique search phrase becomes public and lots of random people are searching it, I suspect the court would be less likely to allow such a warrant.
Re:Feds order Google to track people searching certain names... by mikecoles on Wednesday October 27, 2021 @04:58PM (#29019027)
This HN page is #4 at the moment. It hasn't tripped Google Trends yet though.
Re:Feds order Google to track people searching certain names... by csense on Wednesday October 27, 2021 @12:58AM (#29009707)
A few years ago, in the context of justifying automatic license plate readers, the LAPD told a court that all cars in Los Angeles are under investigation:

https://news.ycombinator.com/item?id=7434448

Re:Feds order Google to track people searching certain names... by tshaddox on Monday October 25, 2021 @07:32PM (#28994552)
Presumably this isn’t some easily-drawn line though, wouldn’t it be a judgment call (literally, made by a judge)? If the car was a specific color and model only 2 of which were registered in the state, would the judge issue a warrant for those 2 addresses?
Re:Feds order Google to track people searching certain names... by xxpor on Monday October 25, 2021 @10:15PM (#28995682)
I'd guess the analogy the government would make is that it's more similar to a DUI checkpoint. They're searching everyone (or a random subset) of everyone coming through an area.
Re:Feds order Google to track people searching certain names... by AlbertCory on Monday October 25, 2021 @07:02PM (#28994285)
There's actually a doormat you can order, which I saw hanging on the wall in Google Legal (I'm not saying that was an official statement by anyone):

Come back with a warrant

I'd get one, but I'm afraid someone would steal it.

Re:Feds order Google to track people searching certain names... by 6510 on Monday October 25, 2021 @04:35PM (#28992795)
If the car was used multiple shootings, the same phone was in that area and the phone was used to search for the victims name every time then we have everything we need but are unwilling to use it?

We can probably figure out how to extract such data and cross reference it without making any of it available to random government employees.

Say you take pictures of license plates, store the data some place safe and allow a query of 5 recent armed robbery locations. If the result contains multiple cars matching 2 locations no results are returned. The moment a 6th robbery happens and a single car matches 3 out of 5 law enforcement can start looking for it immediately.

Sure, you'd get pretty mad if every time you get robbed the police searches your vehicle but they don't need to break anything and you will get over it.

Re:Feds order Google to track people searching certain names... by Talanes on Monday October 25, 2021 @04:44PM (#28992883)
>Sure, you'd get pretty mad if every time you get robbed the police searches your vehicle but they don't need to break anything and you will get over it.

Or I'll stop calling the police, especially if that first invasive experience doesn't end with my belongings returned.

Re:Feds order Google to track people searching certain names... by blacksmith_tb on Monday October 25, 2021 @05:32PM (#28993399)
Well, generally you need to file a police report to file an insurance claim, so whether or not they do you any good (or even harm), you don't have a lot of alternatives (unless you don't have insurance, in which case you also don't have a lot of alternatives, likely).
Re:Feds order Google to track people searching certain names... by Talanes on Monday October 25, 2021 @10:55PM (#28995904)
I've never been wealthy enough to insure my belongings, so my experience with trying to make police reports for theft have not only felt like a waste of time, the officers I've filled with have directly told me I'm wasting my time (and implied I'm wasting theirs) whenever I have made a report.
Re:Feds order Google to track people searching certain names... by vel0city on Tuesday October 26, 2021 @12:46AM (#28996497)
In the US, it is common to carry renter's insurance. It covers liability you as a renter might have for damages to the landlord's property such as water, fire, or other kinds of damage. It also usually covers your belongings as well. That coverage usually applies to your belongings regardless of where they are and covers things like theft. Bike get stolen from a bike rack? Backpack get stolen from a car? Usually covered, with deductibles, of course.

A lot of people I know who carry renter's insurance were unaware it covered their stuff like that. YMMV on what is and is not covered though.

Re:Feds order Google to track people searching certain names... by 6510 on Monday October 25, 2021 @04:58PM (#28993048)
Right, that seems a whole different problem that should really be addressed. In the Netherlands the police are the politest people one could ever meet. It takes very few complaints about politeness or excess force to lose the job. Ofc on the flip side they are also highly incompetent, have no tools, get to see just about ever crook released, are under paid and are very unprofessional. But polite, woah!
Re:Feds order Google to track people searching certain names... by vimacs2 on Monday October 25, 2021 @05:58PM (#28993649)
Cute attempt at establishing a completely made up dichotomy but generally the politeness of a police force is correlated with how effective it is, not inversely.
Re:Feds order Google to track people searching certain names... by 6510 on Tuesday October 26, 2021 @11:01PM (#29009108)
The work involves more than talking with people. They do get the full effect out of being polite but their effectiveness is hurt by a long list of things. For example, we can always spend more money on it. People will always find a way to spend more money. I would scale the budget with how long it takes to do basic things. If those take much to long they either need funding or have to prioritize tasks. Things like interview the witness before GC kicks in. There are crappy security cameras everywhere but the free plan doesn't store the recordings for very long. etc There are countless stupid stories.
Re:Feds order Google to track people searching certain names... by Talanes on Friday October 29, 2021 @07:39PM (#29044694)
Talking with people is kind of most of the job though.
Re:Feds order Google to track people searching certain names... by AlbertCory on Monday October 25, 2021 @06:27PM (#28993969)
There's a pretty broad statement. Evidence?
Re:Feds order Google to track people searching certain names... by elzbardico on Monday October 25, 2021 @09:56PM (#28995549)
Of course. In places with low crime levels, the police can afford not being completely stressed to the point they become psychos.
Re:Feds order Google to track people searching certain names... by NullPrefix on Monday October 25, 2021 @05:26PM (#28993347)
>Or I'll stop calling the police, especially if that first invasive experience doesn't end with my belongings returned.

Oh my sweet summer child. Calling the police is never about getting the belongings back. Calling the police is only about striking the perpetrator with violence, hoping that it would equalize the karma levels.

Re:Feds order Google to track people searching certain names... by Zababa on Monday October 25, 2021 @05:30PM (#28993380)
> Calling the police is only about striking the perpetrator with violence, hoping that it would equalize the karma levels.

Or, you know, prevent them from doing crimes again.

Re:Feds order Google to track people searching certain names... by mulmen on Monday October 25, 2021 @08:15PM (#28994935)
Rehabilitation is clearly not a high priority in the US Justice system. See: outcomes.

It's a vengeance based system.

Re:Feds order Google to track people searching certain names... by ineedasername on Monday October 25, 2021 @11:19PM (#28996039)
vengeance

Unfortunately. But the criminal still can't commit crimes while in prison though. Vengeance just also means that solving the problem of any individual criminal is usually only temporary.

Re:Feds order Google to track people searching certain names... by mulmen on Tuesday October 26, 2021 @05:46AM (#28998320)
Well there can still be rehabilitation with captivity. The US system just doesn’t prioritize that. We prefer punishment, even though outcomes are worse for everyone.
Re:Feds order Google to track people searching certain names... by ineedasername on Tuesday October 26, 2021 @07:30AM (#28999003)
Agreed. There are things like GED and college programs, but they can have long waiting lists. Makes it a bit ironic if you have to commit a crime bad enough to get a multi-year sentence to get into an education program in prison. There more to rehabilitation though, and exclusion from a vast number of jobs after getting out of jail doesn't really help the rehab process.
Re:Feds order Google to track people searching certain names... by elzbardico on Monday October 25, 2021 @09:49PM (#28995503)
inmates have found that is pretty hard to commit the same crimes that put them in jail while they are behind the bars.

It should count for anything.

Re:Feds order Google to track people searching certain names... by mulmen on Tuesday October 26, 2021 @05:47AM (#28998333)
Until they get out, have no life skills and no prospects because they have been excluded from society then re-offend and the cycle continues.
Re:Feds order Google to track people searching certain names... by 6510 on Monday October 25, 2021 @05:51PM (#28993600)
I'm beginning to see that now. Its just like the aggressive down voting shootin from the hip. People here cant even entertain the technical challenge of it - eventho the problem is [apparently] assumed to be impossible. I knew US police had a bad rep but I never imagined the service to be this worthless.

I often think we need to bring back something like monks who selflessly deliver a service in exchange for an isolated life of study and meditation.

We have way to many shit people who cant be trusted with anything and make poor company.

Re:Feds order Google to track people searching certain names... by s5300 on Monday October 25, 2021 @06:39PM (#28994062)
The police in my hometown consist of:

* A dude who managed solid D grades throughout elementary and middle school despite a good & supportive family life & voluntarily chose to hold himself back a grade (8th grade) to "have a better chance of a football career to get into the NFL"

* A dude who, for as long as I can literally remember, talked about how he was going to be some kickass marine. Talked about it all the time, for years. He was also a solid D (even in shop class) student & football player. Not only did he fail, to my knowledge, in every metric required to be a marine - he managed to fail, which I truly didn't know was possible, every metric required to be an army grunt - except presumably the physical requirements. It wouldn't be hard for me to imagine him failing a cardio requirement tho.

This dude couldn't get in the lowest levels of our fucking army. I really only thought you could be disqualified for things like admitting to drugs or having felonies, but he managed to fuck up some test of intelligence they require.

* & several generations of people who are similar fuckups like these two.

Now, what do people like this on a police force manage to get up to?

Last month, there was a domestic violence call somewhere in the town. By the time the cops got there, dude was out on the curb, in his car, with his kid (wife had said he had a gun and threatened her with it, he did not have a gun)

Police haphazardly blocked him into the curb with their cruisers, and surrounded him with their guns out, in a crossfire with themselves. Proceeded to scream absolutely incoherent shit at the dude, while he's in the turned off & parked car with his hands clearly visible on the wheel - kid in the back seat, for about 10 minutes. Dude finally decides nothing good is going to come out of this & decides to attempt to leave. Turns car on, very slowly tries to turn out of how they'd blocked him in, and very slightly bumps a cruisers bumper (nobody was in the cruiser)

One cop then randomly decides to shoot. Keep in mind, I earlier mentioned the cops put themselves in their own crossfire. I have absolutely no fucking idea how, but one cop shot the other cop in the shoulder. This was the very first bullet fired by anybody, and as stated, the perp didn't even have a gun.

Cop yells out he's hit, and then all cops present go fish in a fucking barrel on the car, with the child in it, to the tune of 67 bullets IIRC.

The local news &, as you can assume, all Facebook groups, report that the man opened fire on police, and that the cops had then killed him. All comment sections swarmed with the local painkiller addicted retirement community saying "good, he should be dead" - and that reporting is now unchallengeable canon in their dementia ridden but still able to vote minds.

There's still an ongoing investigation by the state as to how the chucklefuck cop managed to go full retard enough to blast his buddy, but having gone on so long I'm sure it's going to end up as another "we've investigated ourselves and found no wrong doing"

The service isn't "worthless"

It's downright fucking dangerous to anything and everything around it, like the person legally in the crosswalk, who was hit at 120mph+ by a cop SUV and turned into mostly red mist, no significant body parts to be found, by one of the squadrons of cops responding to the aforementioned call.

Re:Feds order Google to track people searching certain names... by dang on Monday October 25, 2021 @10:49PM (#28995867)
Can you please make your substantive points without fulminating and name-calling? That's in the site guidelines. I realize you're talking about an important life-and-death issue/incident and that this material is highly activating. But internet snark and putdowns don't help—they just degrade things further and evoke worse from others.

We could especially do without "the local painkiller addicted retirement community" saying and "their dementia ridden but still able to vote minds". That's a slur, and those are not welcome here, regardless of how wrong other people are or you feel they are.

If you wouldn't mind reviewing https://news.ycombinator.com/newsguidelines.html and taking the intended spirit of the site more to heart, we'd be grateful.

Re:Feds order Google to track people searching certain names... by kortilla on Tuesday October 26, 2021 @01:25AM (#28996699)
Do you have a link to where this happened? A cop going 120mph in response do a domestic incident doesn’t sound normal.
Re:Feds order Google to track people searching certain names... by s5300 on Tuesday October 26, 2021 @01:55AM (#28996877)
I could send it to you personally, but that 100% doxx's myself, something I'm not particularly trying to do.

The article itself doesn't mention the speed anywhere - though this is my first time actually reading it. The reason I'm otherwise aware of the speed is because a family member is on the city council and also the head of our emergency department.

The officer driving died (at the aforementioned emergency room), first time I'm seeing of that. I was aware he was badly injured, but didn't think it was death. The front of the SUV looks just about like what you'd presume 100mph+ does.

> A cop going 120mph in response do a domestic incident doesn’t sound normal.

This is part of the point I'm trying to make. It's a common feature amongst small towns, especially in the MidWest, of cops being complete and utter menaces to society. He hit two other cars as well, fortunately no passengers were injured. None of which had to happen, all of which happened because of a cop wanting to go hero mode and break laws for a measly domestic call he wasn't even needed at. Responding to shots fired they say, not telling him it was his own men's shots...

Hilariously, not a singular article of many states anything about the fact it was entirely his fault. Box truck he slammed into was crossing the intersection with a green light, unaware of the cop barreling down the street without even turning his sirens on until he'd nearly hit him. Small town reporting for you I guess. Incident "still under investigation" by the highway patrol...

Re:Feds order Google to track people searching certain names... by Igelau on Monday October 25, 2021 @08:52PM (#28995154)
> Oh my sweet summer child

Tell us the one about the Long Night and the Others, Old Nan!

Re:Feds order Google to track people searching certain names... by Talanes on Monday October 25, 2021 @10:56PM (#28995909)
I don't disagree, but I'm not in a social stratum where calling the police is likely to even get me that.
Re:Feds order Google to track people searching certain names... by baremetal on Tuesday October 26, 2021 @02:00PM (#29003825)
way to blame the victim buddy.
Re:Feds order Google to track people searching certain names... by ineedasername on Monday October 25, 2021 @11:15PM (#28996015)
I'm not sure that putting the data into a metaphorical locked-box is sufficient. Someone with an interest in seeing the data will always have the keys. What you describe is not completely different from the purpose that FISA courts are supposed to serve, and I don't think those are a great success in protecting freedom and privacy according to the Constitution.