MSN General Manager Ken Moss explains what they really provided the DOJ when asked (emphasis mine):

Over the summer we were subpoenaed by the DOJ regarding a lawsuit. The subpoena requested that we produce data from our search service. We worked hard to scope the request to something that would be consistent with this principle. The applicable parties to the case received this data, and the parties agreed that the information specific to this case would remain confidential. Specifically, we produced a random sample of pages from our index and some aggregated query logs that listed queries and how often they occurred. Absolutely no personal data was involved.

What bothers me most about the MSN response to this whole DOJ situation was brought up by one of the anon’s in their post (lots of anons in that post, curiously enough). Why didn’t MSN disclose this sooner? This happened last summer and they didn’t feel that people using their search service would care that the government wanted this information?

With all that Microsoft tries to do right, with all the blogging, with Scoble travelling the globe spreading the Microsoft message, the fact that they can’t cobble together a blog entry like this last summer when this all happens and query and/or at least notify folks about the situation is very telling.

Did MSN have to tell their search users anything about this DOJ request? No. What harm would it have caused to have said something back then? Now, it looks like they were hoping nobody would ever find out.

Rest assured that high on my list of things to take to Search Champs v4 next week will be much more transparency about privacy issues and clearer privacy policies for MSN Search. Google may have lost 9 percent of their market share yesterday for standing up to the government, but I think in time they will score many, many more points with people sick and tired of intrusive government activity. I’m glad I bought more Google stock this month and am supporting a company with the stones to stand up and say: we don’t think that’s right, and willing to go to court to fight for what we feel is reasonable access to information via subpoena.

Ken Moss concludes his post with: “Now that you have more information, you can be the judge.”

Ok, here’s my judging, Ken: a prime opportunity was missed last summer. Back then there was a chance to come out at a time when Google was being pounded over privacy concerns and stand up to the government instead of folding like a cheap lawn chair and working out some technical response that we would only learn about months later when the heat was on and they had to say something. Shameful, really.

Did this post make you go hmm?

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