If you've ever jokingly wondered if your search or viewing history is
going to "put you on some kind of list," your concern may be more than warranted.
In now unsealed court documents reviewed by Forbes, Google was ordered
to hand over the names, addresses, telephone numbers, and user
activity of Youtube accounts and IP addresses that watched select
YouTube videos, part of a larger criminal investigation by federal investigators.
The videos were sent by undercover police to a suspected
cryptocurrency launderer under the username "elonmuskwhm." In
conversations with the bitcoin trader, investigators sent links to
public YouTube tutorials on mapping via drones and augmented reality software, Forbes details. The videos were watched more than 30,000
times, presumably by thousands of users unrelated to the case.
YouTube's parent company Google was ordered by federal investigators
to quietly hand over all such viewer data for the period of Jan. 1 to
Jan. 8, 2023, but Forbes couldn't confirm if Google had complied.
The mandated data retrieval is worrisome in itself, according to
privacy experts. Federal investigators argued the request was legally justified as the data "would be relevant and material to an ongoing
criminal investigation, including by providing identification
information about the perpetrators," citing justification used by
other police forces around the country. In a case out of New
Hampshire, police requested similar data during the investigation of
bomb threats that were being streamed live to YouTube — the order specifically requested viewership information at select time stamps
during the live streams.
"With all law enforcement demands, we have a rigorous process designed
to protect the privacy and constitutional rights of our users while supporting the important work of law enforcement," Google spokesperson
Matt Bryant told Forbes. "We examine each demand for legal validity, consistent with developing case law, and we routinely push back
against over broad or otherwise inappropriate demands for user data, including objecting to some demands entirely."
Privacy experts, however, are worried about the kind of precedent the
court's order creates, citing concerns over the protections of the
first and fourth amendments. "This is the latest chapter in a
disturbing trend where we see government agencies increasingly
transforming search warrants into digital dragnets," executive
director of the Surveillance Technology Oversight Project Albert
Fox-Cahn told the publication. "It’s unconstitutional, it’s
terrifying, and it’s happening every day."
Advocates have called on Google to be more transparent about its data- sharing policies for years, with fears stoked by ongoing open arrests
of protestors and the creeping state-wide criminalization of abortion.
In December, Google updated its privacy policies to allow users to
save their location data directly to their devices rather than the
cloud, and shortened the retention time for such storage — the new
policies also indirectly stunted the long-used investigatory
workaround in which law enforcement officials use Google location data
to target suspects.
Google has been taken to court over such concerns over the past year, including two state supreme court cases surrounding the
constitutionality of keyword search warrants, which force sites to
turn over an individual's internet search data.
https://mashable.com/article/google-ordered-to-hand-over-viewer-data- privacy-concerns
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