Wednesday, January 25, 2006

Going Gaga for Google

The word of the day: commandeer.

Some sentences using the word of the day: The dictator commandeers the airwaves. The pirate commandeers the gold shipment. During the national emergency, the authorities commandeered private buses to aid in evacuation. Admiral James T. Kirk commandeers a self-cloaking Klingon Warship and flies it to the Seventies. The Bush administration’s Department of Justice commandeers Google.

The word of the day tells you everything you need to know about what’s wrong with Department of Justice’s subpoena of Google records pertaining to pornographic searches. It isn’t about privacy; it’s about piracy. Where’s the emergency that justifies the commandeering of a company’s one service? Where’s the legislation that permits it? Since when did the United States become a dictatorship whose administration can commandeer any business at will?

Where does government commandeering come from? Exactly where I have told you it comes from, in this very column, before. It comes from fear and cowardice. I said as much in a column for October 17, 2002, at which time I said I thought I was onto a grand unifying principle of the workings of the universe, possibly involving vinyl. I didn’t say so at the time, but I had in mind vinyl automobile seating, rather than recording media. But I will not rule out recording media as a factor in the grand unifying principle.

Let me recall the principle. The principle is that reacting from fear, rather than reason, just gets you more stuff to be afraid of. So, generally, whenever the public is afraid of some so-called threat, even a threat that is non-emergent, that’s been around since the beginning of time, and didn’t just land on our doorsteps today, the public can be induced to look the other way when the government orders everybody but its own employees to do something about it, resulting in illegality.

I illustrated the problem with a practice I learned about in my cab-driving days. When the police in Seattle want to break up a domestic violence situation, they often commandeer cabs and order the drivers to kidnap one of the parties. They don’t call it kidnapping, they call it telling the driver to take them where they (the police) say to take them, but you know it’s kidnapping when the party in question says, “I don’t want to go where the police say I should go, I want to go to the Seven-Eleven, and if you don’t take me there I’m jumping out of this cab while it’s moving and getting a lawyer and suing you from here to Jankistan.”

So far as I know this practice is still going on. No legislature ever authorized it. No cab driver has ever been deputized to do the police’s business and take people places against their will. The police never offer to even pay for the commandeering of the cab drivers’ services, the kidnap-ees are supposed to pay to be kidnapped! The practice isn’t enforced with court orders; it’s enforced with physical intimidation. Or, as in my case, with actual police violence, following a “failure of communication.”

Which is what we have in this instance, with Google. The government demands they turn over their records of searches. Now, farmers farm dirt. Bus companies bus people and luggage. Mercenaries deal in hurt and death, anything but mercy. Search engines store and move information. And here it comes to pass that the Department of Justice demands that they turn such information over, at their own cost and at their own liability, without one stitch of legislation authorizing the commandeering of any company for such purposes. Communism!

Presented with demands from a government that has all the biggest guns and the world’s biggest army in history, it wouldn’t be surprising if Google caved and preferred to risk litigation from the ACLU rather than from the United States. Why not? Yahoo, Microsoft, and AOL all wimped out.

But Google didn’t. Way to go, Google!

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