noteworthy wrote:
NYT says Google et al are wrong to store usage data. The storing and sharing of [search] data is a violation of users’ privacy rights.
OK, so what's their reasoning? When people talk on the phone, they assume that the words they utter will disappear when the call is over. They certainly do not expect that their phone company is recording and storing the words, to mine for commercial purposes or to sell to other companies. People have the same expectation about the Internet searches they do: when the search is over, the words they used will disappear.
They confuse the telecom provider's role as a common carrier and basic service provider with Google's role as an information service and enhanced service provider.
Don't you agree with them? I don't think search engines should store usage data indefinately. As time goes on from the search, the risks associated with holding on to that information far exceed the value of storing it. Unfortunately, all of the risk is bourne by the searcher and all of the value is borne by the holder. This sort of imbalance is an area where it makes sense for the government to intervene. I'm not sure I folllow how your distinction between a common carrier and an enhanced service provider is relevent to this discussion. I would say that the phone numbers you dial have approximately the same privacy implications as search terms. Search terms are a bit worse but its the same ball park. Telephone users do not expect their dialed numbers to be stored indefinately, and yet federal data retention laws already require phone companies to keep some of that data around for a longer period of time then they naturally would. I wasn't aware of this until they present data retention drama started. Perhaps this fact could support more data retention by search engines. I think its an example of how far down the slope we're already slid. Edward Markey, Democrat of Massachusetts, has introduced a bill to prohibit Internet companies from warehousing personal data, including search queries. It is a good start, but it still gives companies too much leeway to keep data. The bill should be strengthened and passed.
This seems rather heavy handed and ill-conceived. Obviously you'd need a user-consent exception to such a rule. Then search providers would force you to log in and accept a terms of service agreement. And then your semi-anonymous cookie is replaced with a login ID; is that better?
Take a look at the bill. I could drive a truck through the "any legitimate business purpose" loophole. This would, as a matter of fact, have no impact on search engine data retention. This is an anti data retention proposal, meant as an answer to some of Congress's attempt to turn the Internet into a surveillance system by requiring ISPs to retain data long after they would have usually thrown it away. The question of whether web sites should be included in that requirement has been raised. Passing this law would be a hard no, but I expect its purpose is really more symbolic then serious. A solution to this problem is, however, desparately needed. People simply don't understand the risks. Their understanding will get better and better as time goes on, and search engines will find themselves addressing it eventually. Unforutnately, all that risk exists today and will exist until enough people understand it that they react. Privoxy and Tor are not the right answer. Legislation would be preferable to arms. Crafting an appropriate law would be easy. Maybe the search engines could offer an alternative to stave off the need for this. RE: Enter Search Term Here, Forever | 
