As for Web searches, police probably can?t require a company like Google to share its data with them without good reason, legal experts say. But unlike phone conversations, emails, and text messages, search queries aren?t protected from voluntary disclosure to authorities, notes Orin Kerr, a computer crime expert at George Washington University. When you pick up the phone to call a friend, the reasoning goes, you?re communicating with that friend, and the phone company is a third party that doesn?t have a right to eavesdrop. But when you type a query into Google?s search bar, you?re communicating directly with Google. That makes Google the ?end user? of your information, and gives it the legal prerogative?at least in theory?to share that information with anyone it likes, including the police or the FBI. Kerr calls it a hole in the country?s privacy laws and has called for it to be patched.
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