Google's lawyer argued it wasn't simply a case of protecting the privacy rights of Internet users, but that Google trade secrets were at risk because the DOJ was asking for technical information to sort the research data.

Google has argued that the DOJ is abusing its power by dragging Google into a legal battle it has nothing to do with.

Ware said the case, as he saw it, came down to the DOJ wanting the search data so it could test child-safe content filters.

The government wants the information to bolster an effort to revive an overturned law making it tougher for minors to access pornography on the Internet.

Ware commented that he was "reticent" to decide on the relevance of the DOJ request.

But he asked pointed questions about whether the request would represent an undue burden and said he was inclined to give the DOJ something.

He ended the morning hearing taking the matter under submission.

In what has sparked a fiery controversy about the privacy rights of Internet users, Google refused to comply with a subpoena ordering it to give the DOJ a week's worth of records about online searches.

The government argued it wants the information as ammunition in a legal fight to revive an overturned 1998 statute making it a crime for websites to allow minors access to adult material online such as pornography.

The Child Online Protection Act was deemed unconstitutionally broad when it was struck down in court about two years ago.

Related Links