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That may sound far-fetched, but given how attached Americans are to their devices and the internet, the bits and pieces of search queries people enter can add up to build a surprisingly complete picture of their private life.
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Keyword search warrants could, Price argues, have a “chilling effect” on how people use Google. There are First Amendment issues too, Price says, as freedom of speech could be violated if the government is getting information on what innocent people are searching for in private. “And no warrant should be able to compel a search of everyone's Google search query.” could authorize the search of every house in America,” says Price. Instead, they could potentially hand law enforcement data on dozens, hundreds or even thousands of people unrelated to the case at hand. That’s because unlike most search warrants, keyword searches don’t target a specific person or property. While success might mean the killers go unpunished, Price and other privacy advocates argue that it’s more important to protect the privacy of every person in the country. Because the prosecutor’s case is all based on the knowledge gained from the keyword search, he explains, it’s possible none of the state’s evidence can be used at trial. “The government has been clear that before they got this keyword search warrant, they didn't have any idea who did this,” Price says. If a judge agrees with Price, it could lead to the three alleged assailants going free. Price and the EFF shared their filings with Forbes as they were being registered with the court. Backing him up in Colorado State Court is an amicus brief signed by internet privacy advocacy group the Electronic Frontier Foundation (EFF). This week, Mike Price, counsel for Seymour and Fourth Amendment Center litigation director at the National Association of Criminal Defense Lawyers, is launching the first ever constitutional challenge to keyword warrants in America by seeking to suppress the evidence provided by Google. While the order for Google to provide the search data, known as a keyword warrant, led police to the alleged murderers, privacy advocates and the legal counsel for one of the defendants say they’re unconstitutional.