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Are There Illegal Internet Search Terms?

By Ephrat Livni, Esq. | Updated by Joseph Fawbush, Esq. | Last updated on

The short answer is no — searching for information is not a crime. But certain internet searches are monitored and certain words in your search engine may trigger suspicion and investigations. Also, of course, there are many ways to engage in illegal activity online. So, while technically there is no such thing as “illegal internet searches”, what you type into your computer can absolutely lead to criminal charges.

For example, it's not by itself illegal to put the terms "kiddie porn" in the Google search box — but don't. Google will not intentionally show results with illegal content, the algorithms search engines use block out such illegal websites, but people looking for information or concerned about child sex trafficking or the protection of minors can easily modify their search terms to make it clear what the purpose of the search is. This avoids any chance of the wrong website appearing in your search results. If it does, or if you accidentally click on the wrong thing, you can at least point to your search history for what it was you were really looking for. Obviously, you cannot view or download child pornography if it does appear accidentally in your search results, whatever your intentions are. People who have claimed to be investigating child porn for artistic or journalistic purposes have been prosecuted for criminal activity, including sex crimes.

While search terms themselves are not illegal, if a search does lead you to a dark corner of the internet you can absolutely get in trouble for it. People are often arrested for their illegal online activities. But it's important to distinguish between suspicious searches and illegal activities. Googling the word "murder" does not make you a killer, and this principle extends to terror, porn, and more.

Importantly, however, if you are a suspect in a crime, your computer, including your search terms and browser history, can be used as evidence. While Googling "murder" is not a crime, if you are a murder suspect law enforcement will get a warrant to search your home, phone, and computer. If you searched "how to hide a body" on the day of the murder, and police discover it, this can be used as evidence against you.

A Note About Search Warrants

In most cases, law enforcement officers need a search warrant to obtain your IP address and search history. Still, police may be able to obtain some information about your online activity from third-party information collectors, including social media platforms. This happened for some of the investigations around January 6. In addition, for national security reasons the FBI or other law enforcement agencies may have the right to put you on a watchlist and ultimately investigate you without one.

That's not to say you don't have rights. If you feel that law enforcement has violated your Fourth Amendment right against unreasonable search and seizure, talk to a criminal defense lawyer.

What to Avoid

Be wary of potential problems that could come with online searches for some types of information. If you search for “hitman” or “homemade bomb” you could end up on a watchlist.

Caution isn't just to avoid committing internet crimes, either. If you appear to be looking for illegal downloads you also open yourself up to viruses, spyware, and identity theft.

You may have heard of the dark web, which is a separate internet world from the public world wide web we all use every day. A Google or Bing search will not lead you to the dark web, so it's unlikely you'll find yourself there without effort. But not every illegal activity you can do online is on the dark web, either.

Your Private Browsing Is Not Private

The internet is a public place. All of your internet activity is tracked to at least some extent, even if you use a privacy blocker or some other means of hiding your activity.

There is not a set of magic words you could use that would make all your web searches seem innocent. Similarly, use of exclusively innocent language will not ensure that your online behavior is beyond suspicion. To avoid legal trouble, it’s best to browse with caution.

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