The broader question is whether Google -- a search engine -- should act as a facilitator of government censorship policy at all. In many countries (China, for example) it is unlawful to "distribute" materials that are critical of the government, or other "harmful" ideas or thoughts. In the U.S., pornography is perfectly legal, but obscenity and child pornography are not.

Is the purpose of the subpoena to Google not to enforce the legality of the COPA statute, but rather to go after Google itself -- civilly and criminally? If so, Google would insist on immunity before it produces this information except that corporations have no 5th Amendment self-incrimination privilege. Is this the government's objective? To deputize ISP's and search engines in their efforts to enforce law?

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