Gonzales v. Google, Inc

In Gonzales v. Google, Inc. (N.D.Cal. 2006) 234 F.R.D 674, nonparty Google, Inc. challenged a subpoena by the United States Attorney General to compile and produce information from Google's search index and to produce a significant number of search queries entered by Google users. The requested information was sought in connection with litigation between the American Civil Liberties Union and the Attorney General challenging the constitutionality of the federal Child Online Protection Act. (Id. at p. 678.) Google argued that compliance with the subpoena imposed an undue burden because it did not maintain search query information in the ordinary course of business in the format requested by the government. (Id. at p. 683.) After acknowledging that "as a general rule, non-parties are not required to create documents that do not exist, simply for the purposes of discovery," the court in Gonzales noted: "Google has not represented that it is unable to extract the information requested from its existing systems. Google contends that it must create new code to format and extract query and URL data from many computer banks, in total requiring up to eight full time days of engineering time. Because the Government has agreed to compensate Google for the reasonable costs of production, and given the extremely scaled-down scope of the subpoena as modified, the Court does not find that the technical burden of production excuses Google from complying with the subpoena." (Ibid.)