US and Canadian Governments Seek Customer Data from Google and Costco

In entirely unrelated circumstances, governments on both sides of the US/Canada border have recently attempted to gain access to databases containing customer data in the hands of private companies. On January 18, the US Department of Justice (DOJ) filed a motion in the US District Court for the Northern District of California to compel Google Inc (Google) to turn over information on millions of its users' search queries. Google has refused to comply with a subpoena, issued in August, 2005, requesting the disclosure of Google search records. Specifically, the DOJ has asked Google "to produce a random sample of one million URLs … and copies of the text of each search string entered onto Google's search engine over a one-week period (absent any information identifying the person who entered such query)." Although Google's competitors, America Online, Yahoo and MSN, have agreed to comply, at least in part, with similar subpoenas, Google asserts that the request is "overbroad, unduly burdensome, vague, and intended to harass" and that to comply with the request would jeopardize its trade secret information. Google has also pointed out that "acceding to the request would suggest that it is willing to reveal information about those who use its services." The DOJ says that the requested information would not contain personal identifying information and that any trade secrets would fall under a protective order. It further claims that it is merely trying to establish an Internet use profile that will help it revive the Child Online Protection Act, a 1998 statute that was blocked from taking effect two years ago by the Supreme Court, at least until the government can show more precisely how the legislation would work to prevent obscene material reaching children. Google says that it intends to continue the fight and vigorously resist the motion. A hearing date in the US District Court in San Jose has been set for February 27th. For a copy of the DOJ motion filed with the US District Court in San Jose, (and the subpoena served on August 25, 2005), visit: http://news.findlaw.com/hdocs/docs/google/gonzgoog11806m.html http://makeashorterlink.com/?C12821F8C For related news stories, see: http://makeashorterlink.com/?L23861F8C http://www.nytimes.com/2006/01/20/technology/20google.html; and http://news.com.com/2100-1025_3-6029348.html Meanwhile, in Canada, the BC government wants retail giant Costco's arm in Canada, Costco Wholesale Canada Ltd (Costco), to turn over information about purchases made by BC residents at its Alberta stores. The BC Ministry of Small Business and Revenue wants Costco's sales records, dating back as far as 1998, including the names and addresses of BC members who have made the purchases. Because Costco operates on a membership system, customer information, such as names and mailing addresses, is already on file. The government is trying to track down BC residents who have avoided paying the 7% provincial sales tax on "big-ticket" items by travelling to Alberta to shop at Costco outlets. Costco is resisting the demand and claims that it violates both the BC and Alberta statutes regarding personal information protection. The Ministry has faced criticism of its request and has responded by launching a review of its cross-border tax collection policies. For related news stories, see: http://makeashorterlink.com/?Q14842F8C http://www.cbc.ca/story/business/national/2006/01/20/costco-060120.html Summaries by: Clare McCurley