[Infowarrior] - Justice Department Subpoenas Reach Far Beyond Google

[Richard Forno]

(from IP-L)

Justice Department Subpoenas Reach Far Beyond Google (Embedded image moved
to file: pic24393.gif) By Thomas Claburn InformationWeek (Embedded image
moved to file: pic03548.gif) Mar 29, 2006 06:00 PM


In its effort to uphold the 1998 Child Online Protection Act (COPA),  the
U.S. Department of Justice is leaving no stone unturned. Its widely
reported issuance of subpoenas to Internet search companies AOL, MSN,
Google, and Yahoo  is just the tip of the iceberg: The government has
demanded information from  at least 34 Internet service providers, search
companies, and security software  firms.


Responding to a Freedom of Information Act request filed by
InformationWeek, the Department of Justice disclosed that it has issued to
subpoenas to a  broad range of companies that includes AT&T, Comcast Cable,
Cox Communications,  EarthLink, LookSmart, SBC Communications (then separate
from AT&T), Symantec,  and Verizon.


Asked which companies objected to, or sought to limit, these subpoenas,
Department of Justice spokesperson Charles Miller declined to comment
because the litigation is ongoing. He also declined to comment on utility of
the information gathered by the government.


The documents presented to InformationWeek reveal that some companies  did
object to the government's demands. In an E-mail sent to the Department of
Justice last July, Fernando Laguarda, an attorney representing Cablevision
Systems  Corp., characterized some of what the government was asking for as
"overly  broad, vague, ambitious, and unduly burdensome."


In a letter sent to the Department of Justice in August, Joseph  Serino Jr.,
an attorney representing Verizon, voiced similar objections. However, he
clearly states that his objections are routine and intended protect the
company.


The one exceptional objection he cites has to do with the sensitivity  of
the information sought. Serino said Verizon Online is concerned that
documents might be forwarded to people working for entities hostile to
Verizon  Online, or suing the company, including the Justice Department
itself, and the  American Civil Liberties Union.


Verizon did not respond to requests for comment.


The subpoenas were issued between June and September, 2005. Beyond  AOL,
MSN, Google, and Yahoo, the only other search engine subpoenaed was
LookSmart.


It's likely, however, that the government's interest in LookSmart  stems not
from the company's search engine but from its ownership of Internet  content
filtering software company Net Nanny.


LookSmart declined to comment about the information it was asked for  and
the information it provided. EarthLink likewise declined to comment.


The bulk of the subpoenas were directed at Internet service providers  and
makers of content filtering software. The effectiveness of filtering
technology is a critical issue in the COPA case. If the Department of
Justice can  prove that filters fail to shield minors from explicit material
online, COPA may  well be reinstated.


The full list of companies subpoenaed by the Department of Justice
includes: 711Net (Mayberry USA), American Family Online, AOL, ATT,
Authentium,  Bell South, Cable Vision, Charter Communications, Comcast Cable
Company, Computer Associates, ContentWatch, Cox Communications, EarthLink,
Google, Internet4Families, LookSmart, McAfee, MSN, Qwest, RuleSpace, S4F
(Advance Internet Management), SafeBrowse, SBC Communications, Secure
Computing Corp., Security Software Systems, SoftForYou, Solid Oak Software,
Surf Control, Symantec, Time Warner, Tucows (Mayberry USA), United Online,
Verizon,  and Yahoo.