Q: Does Google collect and record people's search terms whether they're logged in or not?
Yes. Google confirmed this week that it keeps and collates these results, which means the company can be forced to divulge them under court order. Whether Google does anything else with them is another issue.

Given the Department of Justice's recent subpoena to Google, it's likely the police or even lawyers in civil cases--divorce attorneys, employers in severance disputes--eventually will demand that Google, Microsoft, Yahoo, AOL, and other search engines cough up users' search histories.

Q: Has this happened before?
Almost. A North Carolina man was found guilty of murder in November in part because he Googled the words "neck," "snap," "break" and "hold" before his wife was killed. But those search terms were found on Robert Petrick's computer, not obtained from Google directly.


Also, attorneys have already begun introducing searches conducted on Google, Yahoo and AltaVista as evidence.
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