A black-box search engine has a black-box court battle.
”—the highest-profile, and potentially the most consequential, court battle between a major tech company and the feds since the government sued Microsoft in 1998.
But since the trial began on Sept. 12, it’s been difficult to glean how things are actually going. That’s no fault of the diligent reporters showing up every day to the federal courthouse in Washington, D.C. If there’s anyone to blame, it’s the guy in the robe. As of this week, the Times was still negotiating with the parties and the judge for better, quicker access—six weeks after the trial began.Jennifer Nelson, a senior staff attorney at the Reporters Committee for Freedom of the Press, said it’s unusual to have this much testimony in a case be inaccessible to the public. “The court has an obligation to make sure that any closure is narrowly tailored to address any potential harm that could come from the public airing of testimony,” Nelson told me.
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