Obscenity?
Historically, laws relating to things like obscenity have skirted first amendment concerns by using "community standards" to decide when something is beyond the pale and receives less legal protection.
But how does one know what community standards are? Is it what people confess to or what they really do when they think no one is watching? Well, Google is ALWAYS watching - if you are someone like me who has traded privacy for the stunning array of services that google offers.
So, can a court use a community's search history to decide what community standards are?
I hope so - because the community standards are traditionally defined by what people would admit to in church, not what they really do. If people really admitted to what they do in private, you would know that outrage against things like pornography is largely theatre.
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