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We still strongly believe that copying for the sake of indexing is a fair use that is encouraged by existing copyright law precedents. Fair use is critical to the way web search and book search work and is already well established.

“Right now, we’re trusting Google because it’s good, but of course, we run the risk that the day will come when Google goes bad,” Wu told me. In his view, that day might come when Google allowed its automated Web crawlers, or search bots, to be used for law-enforcement and national-security purposes. “Under pressure to fight terrorism or to pacify repressive governments, Google could track everything we’ve searched for, everything we’re writing on gmail, everything we’re writing on Google docs, to figure out who we are and what we do,” he said. “It would make the Internet a much scarier place for free expression.” The question of free speech online isn’t just about what a company like Google lets us read or see; it’s also about what it does with what we write, search and view.

Google, which refused to discuss its data-purging policies on the record, has raised the suspicion of advocacy groups like Privacy International. Google announced in September that it would anonymize all the I.P. addresses on its server logs after nine months. Until that time, however, it will continue to store a wealth of personal information about our search results and viewing habits — in part to improve its targeted advertising and therefore its profits. As Wu suggests, it would be a catastrophe for privacy and free speech if this information fell into the wrong hands.

If your whole game is to increase market share, it’s hard to do good, and to gather data in ways that don’t raise privacy concerns or that might help repressive governments to block controversial content.”