Slashdot Mirror


Four Google Officials Facing Charges In Italy For Errant Video

mikesd81 writes to tell us that four Google employees may be facing charges of defamation and failure to control personal data simply because they didn't remove a video of a boy with Down's Syndrome being harassed and eventually hit over the head with a box of tissue, from Google Video. The video was posted in September of 2006 and was removed by Google within a day of receiving the initial complaints, but apparently that isn't fast enough. "Google maintains charges against the employees are unwarranted, Pancini said. Europe's E-commerce Directive exempts service providers from prescreening content before it is publicly posted, he said. Also, the video was technically uploaded to a Google server in the US, not in Italy, Pancini said. 'It was a terrible video,' Pancini said, adding that Google is concerned about the case's impact on censorship on the Internet. The defendants include David C. Drummond, a Google senior vice president, corporate development and chief legal officer. Pancini said Drummond did paperwork to create Google Italy, but has never lived in the country."

18 of 153 comments (clear)

  1. no boarders by LandDolphin · · Score: 4, Insightful

    Seems that the internet having no boarders is being used by courts to extend their reach (e.g. Kentucky). This certainly does look like a good road to be traveling down.

    --
    Spelling and Grammar errors have been added to this post for your enjoyment
  2. corporations by Lord+Ender · · Score: 4, Insightful

    How on earth are they suing individuals? Google is a corporation and must be treated as such under the law.

    --
    A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    1. Re:corporations by Duradin · · Score: 4, Insightful

      The problem is under which country's laws are they protected, under which are they not protected and which country actually has jurisdiction.

    2. Re:corporations by Brian+Gordon · · Score: 4, Insightful

      Yeah but good luck extraditing american citizens for a non-case. An american judge would throw out the case in an instant, and an american judge would deny extradition just as fast.

    3. Re:corporations by nanoflower · · Score: 4, Insightful

      Gee... Never having to travel to Italy but allowed to travel the rest of the world.. Hmm. I think I can live with that... Besides, Italy wouldn't even try to extradite these guys since I doubt the punishment if found guilty is that harsh. What's strange is that they aren't spending their time finding the people who actually did harrass the kid. It's doubtful that the child even knows about Youtube or what it means for the video to be up there so it's not like putting the video up is causing him harm. Doing the actual harrassment is the real harm and is what should be punished.

    4. Re:corporations by pmontra · · Score: 5, Insightful

      As an Italian living in Italy I remember that the boys that were responsible for the harassment were prosecuted in 2006, at the time of the facts.

      Google has been accused of abuses related to the failure of preventing defamation and to having made a profit out of that video thanks to the ads on the page (this is an abuse because our privacy laws). Those are criminal charges that can result in both a fine and jail time. Under Italian law individuals have criminal responsibility and not companies. That's why the state is suing managers of Google and not the company.

      My take on this issue is that's impractical to scan and review every single video, picture or comment posted to the internet (Google Video, YouTube, Flickr, even Slashdot). It's just a matter of volume. Laws that were created with the press or the TV in mind should be rewritten to take in account that fact unless we want to shutdown the Internet in Italy.

      I'm sure that in every country there are forces that want to tighten the control on the Internet and the freedom of speech of individuals, but I'm also sure that in most countries the majority of the citizens don't support them. Criminal responsibility is individual and only posters should be sued when controls on content are impractical. The service provider should be exempted from any accusations of complicity.

    5. Re:corporations by Grimbleton · · Score: 2, Insightful

      It's not that some don't want to, it's that they can't afford to.

  3. Itally Not Prudent by bill_mcgonigle · · Score: 5, Insightful

    If this proceeds, Google should simply shut down its operations in Italy and move to a neighboring country where its employees won't be targeted by tyrants.

    I'm assuming Italy doesn't want that reputation.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    1. Re:Itally Not Prudent by westlake · · Score: 2, Insightful
      If this proceeds, Google should simply shut down its operations in Italy and move to a neighboring country where its employees won't be targeted by tyrants.
      .

      and where, pray tell, in the EU is Google going to find a more tolerant reception when it comes to stories like this?

    2. Re:Itally Not Prudent by tmosley · · Score: 3, Insightful

      I don't think there is anywhere they could move that would have a LESS tolerant reception, so it doesn't really matter if they move. It can only stay about the same or get better.

    3. Re:Itally Not Prudent by Lord+Ender · · Score: 3, Insightful

      You don't want a warrant for your arrest in any country. Even if it is something stupid which you can't be extradited for. It means you can never visit and you can never get a flight which goes through their airport or even anywhere near the country (for fear of being diverted to the country for some reason).

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
  4. Related US Law by ApharmdB · · Score: 3, Insightful

    For anyone who has managed a web forum (or yahoo group or whatever) and been sued for defamation/libel over material posted by a 3rd party - Is Section 230 of the Federal Communications Decency Act the relevant US law to be used in one's defense?

    It seems to be appropriate, but does anyone have personal experience?

  5. At least they know their priorities by Anonymous Coward · · Score: 4, Insightful

    Predictably, it doesn't state anywhere that Italian prosecutors are going after the boys who harassed and attacked a handicapped child.

  6. Re:Long Italian tradition of standing up for the w by hesaigo999ca · · Score: 2, Insightful

    I agree with you, and think that certain regulation should be implemented that mimics certain countries laws. That would be the person who shot the video, no the person who is hosting the server that let someone post the video. I am not sure(as I never read the articles) but if the person is guilty of not screening, then I don't think there should be punishment, but if there is a way to track the person who filmed the video and posted it...they are the ones who should get charged.

  7. Re:Long Italian tradition of standing up for the w by Miseph · · Score: 2, Insightful

    Or for assaulting a kid with Down syndrome...

    --
    Try not to take me more seriously than I take myself.
  8. Re:Why go after Google? by tompkins · · Score: 2, Insightful

    Mod parent up. Why all of the misguided outrage for a delay in removing an offensive video? The priority here is obviously to go after the deep pockets rather than any concern for the kids involved. Just think of the children!

  9. Yet another example of misplaced anger... by eepok · · Score: 2, Insightful

    Why sue Youtube?

    There are the harassers and the video posters who are more directly linked with any harm.

    Oh, right. The money.

  10. Why would they take it down? by tjstork · · Score: 2, Insightful

    I'm wondering why they would take the video down? Is not having the video going to improve the life of this child? Does it make us pretend that someone is not getting abused?

    Sometimes we need to see the truth of things. Why isn't all of the NAZI propaganda, translated Hitler, Goebels and other speeches on YouTube, along with captured footage of all the outrages committed by them. Let's get all of our ugliness up there, and if there is any editing, let the editing be to yank out the gore so that the lesson of our brutality is not a mere snuff fest to watch with some buddies over a case of beer.

    You could make a pretty compelling case that the Bush administration's efforts to censor terrorist web sites and traffic from the American people probably undermined his war effort far more than any left wing protest -ever- did.

    If you dig around a bit, you find not only their web sites but their people too, and they aren't hiding their intentions or hatreds at all. A few minutes talking to them would quickly break oneself of the illusion that these are guys in the mold of the disenfranched western person that the nonviolent in America would want to believe these people are.

    You never see a terrorist video describing their grievances, in the fashion, for example, the way American blacks and civil rights leaders might just take a camera to black guys getting firehosed by the police. Nope, these gladly post videos triumphing the killing of American soldiers, cheering the destruction of civilians. I guarantee you I've never seen Martin Luther King laughing that one of his people dressed up their retarded kid with explosives and sent him to bumbling towards a flea market.

    Quite honestly, at a time when I had serious doubts about the war, some AQ fanboy posting videos cheering IEDs of American troops certainly hardened my opinion in -favor- of it. But oh no, Bush tries to censor -all- of it, giving us a substitute of "these people are really evil", and that's just lame. He could have stood up and said, "hey, if you don't believe me, when I say that we have to fight these people, just go ask them...seriously... just go talk to al qaeda yourself, and see, at http://www.someterroristwebsite.com/"

    As much as the right wing makes fun of the left for pretending that there is no evil, the right did itself no favors by trying to hide it.

    --
    This is my sig.