Think you’re alone during those late-night online browsing sessions? Think again – everything you type, from name searches to recipe searches to adult website searches, could end up visible for all to see. This is the situation in which over half a million AOL users found themselves when AOL employees in July posted randomly selected search engine queries typed by users in a three-month period. Though user search terms were grouped under numbers rather than names and AOL specified the posting was for non-commercial research purposes, the incident has raised hackles all over the country, as internet users debate the ethical and legal consequences of what many are terming a violation of their right to privacy.

AOL has since removed the posting and issued public apologies for what they term the “screw up,” but the information had already been mirrored to several other sites and downloaded and viewed by countless people. Bloggers and blog readers alike are up in arms, analyzing some of the more unusual query lists and debating the logical, legal, and ethical feelings of obligation behind the issue. Many users seem to feel that studying the search queries could be used for law enforcement purposes, while others disagree, saying that, without context and without knowledge of a committed crime, there is no way to know the motive behind a search, and that to use the queries to identify or investigate a user violates that user’s privacy. So what reasonable amount of privacy should you expect when browsing online, and what are your rights under the Constitution?

Internet-savvy users know better than to expect total privacy online. Search engine data is stored for many reasons, including market research and site optimization, and most people know that.  What people don’t expect, however, is for search queries to be used as a seek-and-capture tool for government agencies, and they don’t expect to see their searches posted in an online log. Search engine giant Google recently won a court case against the U.S. Justice Department, in which the court declared that Google should not be forced to submit search engine queries to the agency, which claimed to be requesting them for purposes of measuring filters to be used for adult websites. A federal judge did, however, grant the Justice Department access to a portion of Google's index of websites, but not its search terms. Many users worry that government access to query terms might lead to the investigation of users who enter certain flagged keywords, regardless of context, and that the person may end up being suspected of criminal premeditation based solely on a typed word or group of words. For taking a stand against the government, Google gained support from users, many of whom felt betrayed by other companies that complied with the Justice Department requests.

The Fourth Amendment of the Constitution states that no search and seizure warrant shall be issued without probable cause, which implies that searches cannot be made in hopes of finding random evidence of an unspecified crime—the search has to be conducted for a specific purpose. Some internet users feel that a sweeping search of internet data violates their expectation of privacy; under the Katz definition of privacy however, which states that anything on public display is not protected by privacy laws, restrictions on online transmissions may not fall under that expectation. Since anything posted on the internet is available worldwide, there has been much debate on whether the internet qualifies as a private or public venue, and how the law applies to information posted or entered.

 In the midst of the AOL scandal, as well as the ongoing efforts of the U.S government to monitor various forms of communication, the only way you can be sure your search queries will not be scrutinized by someone is to not use search engines. While the idea of their queries on display doesn’t bother some people, there are plenty who are worried that their innocent-seeming search terms might be misconstrued out of context. As avoiding search engine use altogether is not always a practical solution, some tips for minimizing complications, misunderstandings, or embarrassing situations include:

1. Read all privacy policies before using a website. Most sites and online services require a user to agree to a specific privacy policy before use, and many of those sites reserve the right to change their policies at any time. Find out what the company will be using your information for and what rights they reserve to make changes to the policy.
2. Use common sense on search engines. If you’re looking, for example, for a list of summer community activities for your teen daughter, be specific. A search for “summer soccer camp for students” will turn up more accurate and less suspicious results than “teen interests.”
3. Skip using search engines when possible. If you have a good idea what you’re looking for, go to a website you think might be related – the YMCA for an aerobics class schedule, for example, or the NRA website for information on gun control laws.
4. Know your rights. Study privacy laws and learn exactly what rights you have under the Constitution and what action you can take if you feel your information has been misused or exposed.

The internet is a vast place, filled with people and nearly unlimited access to  information. If you plan to use it, you must be prepared to deal with all the laws, rules, and regulations that apply or are in the process of being applied to it. Educating yourself and using caution and common sense can help you protect yourself from incidents similar to the AOL snafu and help you increase your online privacy.