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Google Fights Dragnet Warrant for Users’ Search Histories Overseas While Continuing to Give Data to Police in the U.S.

By Naomi GilensJennifer Lynch, and Veridiana Alimonti

Google is fighting back against a Brazilian court order to turn over data on all users who searched for specific terms, including the name of a well-known elected official and a busy downtown thoroughfare. (Brief in Portuguese / English*) While we applaud Google for challenging this digital dragnet search in Brazil, it must also stand up for the rights of its users against similar searches in the U.S. and elsewhere.

Background: Keyword Search Warrants

Keyword search warrants like the one in Brazil are far broader than traditional search warrants described in the Fourth Amendment to the U.S. Constitution. The Fourth Amendment requires police to establish probable cause to search a particular place or seize a particular person or thing before the court authorizes the warrant. But keyword search warrants don’t start with a suspect person or device. Instead, they require Google to comb through the search histories of all of its users, including users who are not logged into a Google account when they search…

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