If Google could be persuaded or ordered to run the search, it could generate a list of only those Google accounts possessing the precise file — and all other Google users would remain undisturbed, except for the briefest of computerized 'touches' on their accounts to see if the file reposed there." Zittrain asks: would you run the search? He then walks us through some of the possible complications to the situation, and the pros and cons of granting permission. His personal conclusion is this: "At least in theory, and with some real trepidation, I'd run the search in that instance, and along with it publicly establish a policy for exactly how clear cut the circumstances have to be (answer: very) for future cases to justify pressing the enter key on a similar search." What would you do?
Unfortunately, we still don't know. The Roddenberry estate hasn't commented yet, and the data recovery agency is bound by a confidentiality agreement.