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View Diary: Google asks government to allow publishing of national security request information (75 comments)

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  •  With a court order, the government has access... (0+ / 0-)

    With a legal court order, the government has access to any data that any company has, which includes everything you listed and more.

    The police will always want all data, because that helps them do their job.

    The balancing forces are the courts and the companies involved.

    The courts' job is to protect the rights of the people involved. So if the government says that it wants "all data about everything" the courts will point out that's unconstitutional, and require the government to ask for "specific data about a specific thing, with a good, documented reason for why they need exactly that data."

    The second balancing force is the company receiving the request for data. If they feel that the request is overly broad, they know that their customers are relying on them to protect their privacy, so they will push back on the request, and they have lawyers who will fight to defend the company's customers because that's in the company's best interests. So if they think the request is overly broad, they'll argue in court to narrow the request, etc.

    This isn't a new issue - courts have been doing this forever. The new thing is that technology makes it easier to execute overly-broad requests for data. But that doesn't change the legal situation, IMO. IANAL.

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