Can a search engine be held responsible for how consumers use the products or services allowed to be advertised on it? That question goes to a core issue in the criminal law regarding the responsibility of suppliers for the use of products they sell.

There were negligence lawsuits in the early 1990s against Soldier of Fortune magazine for advertisements it ran for people willing to engage in criminal acts, including murder. These cases were brought by victims of attacks and involved a question about whether the magazine published ads that were a “clear and present danger” to the public, and therefore unprotected by the First Amendment.

Unlike a private lawsuit alleging negligence, the Justice Department’s nonprosecution agreement with Google involved an assertion that the company aided a criminal violation — i.e., that it was an active participant in a crime.

To prove accomplice liability, the prosecution must show the defendant provided some assistance in the commission of the crime, which can include counseling or encouraging the offense. There is a fine line between supplying goods that are later used for the commission of a crime and actually assisting in its completion.

Even if one does furnish some measure of assistance, the law further requires that the accomplice be aware of the user’s intention to commit a crime and intend to give some assistance or encouragement in its completion.

The Justice Department’s position in the Google case emphasizing the awareness of its chief executive shows it took an aggressive approach about what can constitute aiding a violation of the drug importation laws.

Google was not involved in the actual movement of the prescriptions, but the government viewed its role as sufficiently important to the success of the Canadian pharmacy sales that it was similar to someone who actually supplied or shipped misbranded drugs.

The fact that the case was resolved by a nonprosecution agreement can be seen as an indication that the Justice Department understood its position on accomplice liability could be open to challenge if criminal charges were filed in court.

از طریق Behind Google’s $500 Million Settlement With U.S. – NYTimes.com.