Well a few points.
I think that US Law should be on the books already concerning how long privacy related search data is kept around by Google and other search providers. I think a combination of Opt-in/Opt-out should be considered in the final judgement. I don't see what Microsoft and AT&T have to do with the matter except that they didn't think of doing it first.
Whatever comes of the suit, I think copyright law should be adjusted. This means making a world of millions of works available to the public as a whole. I am all for ensuring every right of the author and publisher of the work but I am not for limiting access in any fashion.