Author: Neil T. O’Donnell
Last December, Pennsylvania Supreme Court decided Commonwealth v. Kurtz, 348 A.3d 133 (2025). That case involved State Police obtaining a “reverse keyword search” warrant for Google search records generated during the week of a reported assault. In plain words, the police asked Google to figure out who was researching the victim on their service during the week of the assault. One year later, Google informed police that an IP address associated with the Kurtz residence ran those searches during the specified time period.1
The police then obtained a discarded cigarette butt near the home and found that Kurtz’s DNA matched that found at the scene.
The Pennsylvania Supreme Court’s decision effectively means that there is no expectation of privacy in your internet search history in criminal cases, at least in the short term. Internet companies do not hold onto that history forever. However, the time frame can reach multiple years’ worth of information capable of being searched by an appropriate warrant. There is also the consideration of companies utilizing your data to adjust their algorithms.
The full implications of this decision to civil cases has yet to be determined. Stayed tuned.
1 An IP address (“Internet Protocol”) is essentially like a phone number associated with your device connecting to a network.
About Neil T. O'Donnell
Neil T. O’Donnell is a trial attorney and founding partner of O’Donnell Law Offices in Wilkes-Barre, Pennsylvania. For more than three decades, he has represented individuals and families throughout Northeastern Pennsylvania in personal injury, workers’ compensation, and complex civil litigation matters. Known for his thoughtful analysis of emerging legal issues and his commitment to advocating for clients during difficult moments, Neil regularly writes about legal developments that may impact the public.
