In a public battle revolving around the inherent obscenity of women’s breasts, Google today was ordered to give a list of 50,000 web sites to the Bush administration.

Google recently made headlines for refusing to give the U.S. government a random sampling of 1 million Internet addresses accessible through its search engine and a random sampling of 1 million search queries submitted over a one-week period. Google simultaneously created a censored version of Google for all Chinese viewers.¹

Media pundits were up in arms, confused about whether Google was a privacy rights hero or a capitulator to totalitarian repression. But the underlying issue wasn’t about privacy or free speech — it was, of course, about women’s breasts.

Bush’s demand relates to the so-called Child Online Protection Act (COPA), which requires restricted access (i.e. a login ID and password) for commercial sites not meeting “‘contemporary community standards’ … and that showed sexual acts or nudity (including female breasts).”² By getting a random sampling of Google’s search queries and sites, the administration wanted to demonstrate that the web was saturated with vile breasts, and that people under 18 — say, 17.5 — are seeing them.

According to the San Francisco Chronicle, “The dispute drew considerable attention from … legal scholars, who alternatively praised Google for defending Internet privacy and accused it of protecting smut peddlers” — such as those who show breasts on their site. But along with misusing the word “alternatively,” the Chronicle offers no evidence of an even balance of opinion among so-called “scholars.”

It appears both the Bush Administration and Google have lost this battle. The judge drastically reduced what Google had to provide, but Google still may be seen as giving in on important privacy issues.

Ironically, even if COPA becomes permanent, it may still have a negligible effect on internet breast availability. The ruling will only apply to web sites hosted in the U.S.

The Child Online Protection Act is part of a long Bush administration tradition of Orwellian naming, including, notably, the Patriot Act, Healthy Forests Initiative, No Child Left Behind Act, and the Clear Skies Initiative.