EFF Urges Pennsylvania Supreme Court to Find Keyword Search Warrant Unconstitutional

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SAN FRANCISCO—Keyword warrants that let police indiscriminately sift through search engine databases are unconstitutional dragnets that target free speech, lack particularity and probable cause, and violate the privacy of countless innocent people, the Electronic Frontier Foundation (EFF) and other organizations argued in a brief filed today to the Supreme Court of Pennsylvania. 

Everyone deserves to search online without police looking over their shoulder, yet millions of innocent Americans’ privacy rights are at risk in Commonwealth v. Kurtz—only the second case of its kind to reach a state’s highest court. The brief filed by EFF, the National Association of Criminal Defense Lawyers (NACDL), and the Pennsylvania Association of Criminal Defense Lawyers (PACDL) challenges the constitutionality of a keyword search warrant issued by the police to Google. The case involves a massive invasion of Google users’ privacy, and unless the lower court’s ruling is overturned, it could be applied to any user using any search engine. 

“Keyword search warrants are totally incompatible with constitutional protections for privacy and freedom of speech and expression,” said EFF Surveillance Litigation Director Andrew Crocker. “All keyword warrants—which target our speech when we seek information on a search engine—have the potential to implicate innocent people who just happen to be searching for something an officer believes is somehow linked to a crime. Dragnet warrants that target speech simply have no place in a democracy.” 

Users have come to rely on search engines to routinely seek answers to sensitive or unflattering questions that they might never feel comfortable asking a human confidant. Google keeps detailed information on every search query it receives, however, resulting in a vast record of users’ most private and personal thoughts, opinions, and associations that police seek to access by merely demanding the identities of all users who searched for specific

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