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(Continued)     The RFS Newsletter, Mar. 18, 2006. Page 5
No decision is expected immediately, though the tenor of the discussion may indicate Ware's leanings in the case. Federal investigators want the search records to help bolster their arguments to the U.S. Supreme Court that a law relating to Internet access to child pornography is Constitutional. Google believes the order, which seeks a random sampling of 1 million addresses that can be reached through Google's search engine and a sampling of 1 million search queries submitted to the Google Web site during a single week, is too broad and amounts to a so-called fishing expedition rather than a focused investigation.

Google has further argued that the information will not help the government's case, saying in a brief filed last month that it will "without a doubt, suffer a loss of trust among users" if forced to "compromise its privacy principles and produce to the government on such a flimsy request its search query and URL data." The DoJ has countered by saying the privacy issues are not relevant since it has asked for only anonymous records. At issue is the Bush administration's efforts to bolster the arguments behind the Child Online Protection Act, which seeks to restrict material that could be deemed harmful to minors from being posted on commercially available Web sites.

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