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Pennsylvania High Court Says Ordinary Google Searches Aren’t Private, Allowing Police Access Without Warrant-Level Showing

The decision applies the third-party doctrine to routine queries disclosed to Google.

Overview

  • On Dec. 16, in Commonwealth v. Kurtz, the Pennsylvania Supreme Court upheld investigators’ use of a reverse keyword request seeking who searched a victim’s name and address.
  • Google provided data that investigators linked to Kurtz’s IP address, contributing to his identification, charges, and eventual conviction.
  • The majority ruled that users lack a reasonable expectation of privacy in general, unprotected search queries and said police may obtain such data with legal process short of a warrant, citing Google’s privacy notice as an express warning.
  • The opinion limits its holding to “general, unprotected internet use,” leaving room for stronger privacy claims when users employ password protection, VPNs, or private browsing tools.
  • A forceful dissent argued aggregated search histories are deeply revealing, while analysts note the ruling’s tension with stricter regimes like California’s CIPA and CCPA and predict further legal and policy challenges.