Link: Google Web History.
Okay, you have to ask for it, but the fact that they know creeps me out. You can now ask Google to track every website you have ever visited, and can follow trends in your searching. My question is, some of these histories go way back. Could a Court compel a litigant to sign up in order to view search history as part of electronic discovery? Might web search history be relevant to issues in litigation? Do you have a duty, as a lawyer, to mine this important source of evidentiary gold? Now, it will become important to ask a deponent whether he or she has, or has ever had, a Google account. If so, I smell a Motion to Compel production of the Google search history. Such a history might lead to the discovery of admissible evidence, and would seem to be fair game in the discovery process. At the very least, it might be embarassing. Brave new world, grasshopper.
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