In court documents submitted Thursday to U.S. District Judge James Ware in San Jose, Calif., federal prosecutors said they need a prompt response because of the compressed schedule of the case. They're asking Ware to set a 21-day deadline that would begin as soon as he makes a decision.
"Delay in this court's resolution of the motion to compel would be unwarranted," the three-page brief says.
In January, the Justice Departmentto hand over a "random sample of 1 million" Web pages from its index, and copies of a week's worth of search terms, to aid in the Bush administration's defense of an Internet pornography law. That information is supposed to be used to highlight flaws in Web-filtering technology during a trial in Philadelphia this fall.
The Justice Department subpoena normally would have been a routine matter, and America Online, Microsoft and Yahoo voluntarily complied with similar requests. But Google's resistance sparked a furor over privacy, with Sen. Patrick Leahy, a Vermont Democrat,, and a bill announced in the House of Representatives about visitors.
A hearing before Ware has been . He could rule on the Justice Department's motion during the hearing or anytime thereafter.
Google Perkins Coie. It says that complying with the subpoena would be burdensome and violate privacy rights; that it's unnecessary for the government's defense of the Child Online Protection Act (COPA); and that it could even .in a strongly worded brief filed last month by Al Gidari and Lisa Delehunt of the law firm
The Philadelphia judge overseeing the COPA case wants expert reports in by May 3, which is why the Justice Department has asked Ware for a speedy schedule. After the Justice Department receives the data, it plans to turn it over to an academic statistician who will analyze the prevalence of pornography on the Internet and in Google searches.
For its part, thethat it is seeking "this information only to perform a study, in the aggregate, of trends in the Internet. No individual user of Google, or of any other search engine, need fear that his or her personal identifying information will be disclosed."