ABSTRACT
Introduction Based on current legal and policy standards (or lack thereof) about the use of Internet intelligence, it appears that the highest risk is in the reporting and subsequent use of online data. Merely conducting an online search creates a record in the computer used, which might be legally discoverable, even if no report of findings is made. Reports may be oral or written, but it is clear that even when formal reports are not written, the activities of the web searcher are chronicled in one form or another in the computer systems used to access the Internet. Today, many enterprises allow anyone to search any topic, to process any information gained as they wish, and to reach whatever conclusions or decisions they believe are appropriate based on their findings. Major search engines store records of queries not only on the workstation of the researcher, but also on proxies, firewalls, and search engine servers, identifying queries with Internet protocol (IP) addresses. A serial murderer in the Midwest was convicted based in part on evidence of searching and mapping done on his personal computer (PC). Internet search records could be subpoenaed to show bias or unfair treatment. If a pattern of unfair practices were suspected (e.g., bias in hiring), the enterprise’s Internet search records could be obtained for civil or criminal proceedings.
