Should popularity of orgies vs. apple pie adjust community standards?

This is an interesting story involving pornography, community standards, and Google Trends data. Basically, a defense attorney who has attempted to use proliferation and availability of pornographic material on the Internet in contrast to more broadly decent content is switching the focus instead to "intent" on a local level using Google search trend data.

Here's a snippet:

"In the trial of a pornographic Web site operator, the defense plans to show that residents of Pensacola are more likely to use Google to search for terms like “orgy” than for “apple pie” or “watermelon.” The publicly accessible data is vague in that it does not specify how many people are searching for the terms, just their relative popularity over time. But the defense lawyer, Lawrence Walters, is arguing that the evidence is sufficient to demonstrate that interest in the sexual subjects exceeds that of more mainstream topics — and that by extension, the sexual material distributed by his client is not outside the norm.

It is not clear that the approach will succeed. The Florida state prosecutor in the case, which is scheduled for trial July 1, said the search data may not be relevant because the volume of Internet searches is not necessarily an indication of, or proxy for, a community’s values.

But the tactic is another example of the value of data collected by Internet companies like Google, both from a commercial standpoint and as a window into the thoughts, interests and desires of their users.

“Time and time again you’ll have jurors sitting on a jury panel who will condemn material that they routinely consume in private,” said Mr. Walters, the defense lawyer. Using the Internet data, “we can show how people really think and feel and act in their own homes, which, parenthetically, is where this material was intended to be viewed,” he added."

So, by focusing on Pensacola search trend data, Walters is suggesting that residents in Pensacola are at least as interested in "orgies" as they are in the term "apple pie." It's noted that "Nascar," "Nintendo," and "surfing" all ranked higher than "orgy."

However, this raises all sorts of concerns regarding Internet privacy, specifically in regards to the group of people who reside in Pensacola and happen to use Google to search for race cars, video games, and your run-of-the-mill orgy.

So, what say you Current? Should the laws regarding obscenity be adjusted based on the personal likes and dislikes of the local community? Or is using data to discern local interest a violation of privacy?

Graph image found at: http://www.reason.com/blog/show/127164.html