They've just "privatized" it, as it were:
....In December, the European Parliament passed sweeping data retention rules aimed at the telecommunications and Internet industries, requiring that fixed-line and cellphone records, e-mail and Internet logs be stored for up to two years. The measure was lauded by law enforcement groups but decried by privacy advocates and even industry, which would have to find space and money to store it all....
from "Your Life as an Open Book," by Tom Zeller Jr., New York Times Business, August 12.
In the U.S., the web search thing is still basically undecided,
...As it stands now, little with regard to search queries is private. No laws clearly place search requests off-limits to advertisers, law enforcement agencies or academic researchers, beyond the terms that companies set themselves.
This is a discussion that we as a society need to have, said Kevin Bankston, a lawyer with the Electronic Frontier Foundation, a rights organization based in San Francisco.
Mr. Bankstons group, which is spearheading a class-action lawsuit against AT&T for sharing consumer phone records with the National Security Agency, issued an alert this week calling the AOL incident a Data Valdez, asserting that it may be in violation of the Electronic Communications and Privacy Act, which regulates some forms of online communications....
companies do not have to store such things if they don't want to.
....Speaking at the Search Engine Strategies 2006 Conference and Expo in San Jose, Calif., on Wednesday, Googles chief executive, Eric E. Schmidt, suggested that government interest in the sort of information Google archives remains a chief concern for his company.
Ive always worried that the query stream was a fertile ground for governments to randomly snoop on people, he said....
Meanwhile, U.S. case law is taking up the slack, as with the child pornography case mentioned in the article.
In the end, when considering this problem, I think people should keep in mind these variables: that a grand jury with a prosecutor talented at advocacy will indict a ham sandwich, that they can already do things like take Monica Lewinksy's entire computer and rifle through her entire personal life, try to get her book purchase records, and, no thanks to many on the left who hate Judith Miller and Matthew Cooper, do things like ask for a ton of a reporter's notes and fish around in those for something.
The concerns to this point about the Bush administration have mostly addressed them trying to go around the judicial branch, the executive power thing. But if privacy is your main concern, there are plentiful examples of the judicial branch's power being used politically (they will always go for what they can get), and even of corporations torturing people in various ways using data available to them.
Perhaps we want an opposite law to the EU, that companies are forbidden to keep this data long? I myself have not thought on it enough, even though I've thought on it a lot. It's a "brave new world."
Note: The New York Times story has a sidebar link on it to a short story on "anonymizer" browsing services.