[IP] more on for a billion of pages or just one,the decision - and logic - should be the same (was: I don't like the logic.-- Google turning search data over toBrazil court

[David Farber <dave@farber.net>]

Begin forwarded message:

From: Allen Firstenberg <prisoner@addventure.com>
Date: September 3, 2006 8:17:46 AM EDT
To: David Farber <dave@farber.net>
Subject: Re: [IP] for a billion of pages or just one,the decision -  
and logic - should be the same (was: I don't like the logic.-- Google  
turning search data over toBrazil court

I think Pat has overlooked one distinction in the google issue
when he says

> or should we consider that Google is acting as a judge deciding
> what,s good or bad, for any reason they should be  solely responsable
> to appreciate ?

The article notes that it was a Brazilian _court_ who ordered the
records, vs the US _Justice_Department_ (a division of the executive
branch).  Now, I will not pretend to understand the Brazilian system
of government, but both Wikipedia and the CIA Factbook seem to
indicate that the Judicial branch is independent of the Executive
branch, much as it is in the US.  Assuming the similarity, I hope we
can see the difference:

- In this case, a judge _has_ reviewed the request and ordered the
  information be turned over.  Google is complying with what appears
  to be a legal request.

- In the US case, there has been no such review, so Google is
  (apparently) perfectly within its legal rights to refrain from
  turning the information over.

Now, what if some country (and I will not name names) that did not
have such protections in place made a request, no matter how legal it
was in that country?  What is Google's legal obligation?  What is the
obligation of the international community?  Doing or not doing evil
is, unfortunately, not always black and white, no matter what a motto
might declare.

Allen


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