Google Privacy Counsel Facing Criminal Charges

ProfJonathan writes "According to a story in the IAPP's Privacy Advisor, Google's Paris-based global privacy counsel, Peter Fleischer, is facing criminal charges in Italy for defamation based upon a user's posting of a video to Google Video. Mr. Fleischer was on his way to the University of Milan for a speaking engagement when he was met by Italian law enforcement officials. As with the 1997 case of Compuserve's Felix Somm and the 2006 arrest in Texas of BetOnSportsUK's CEO during a layover on a trip to Costa Rica, this case once again highlights the risks faced by executives and employees of online companies whose activities may be legal and protected in their own countries, but illegal elsewhere in the world. Troubling, and worth watching."

Comments

Really?

[Weaselmancer]

No kidding.

Re:Really?

[Anonymous Coward]

But we already knew about the criminal charges

So here's the story...

1. Italy announces criminal charges against Google exec.
2. Google exec goes to Italy.
3. Google exec gets arrested.

I'm not sure who is stupider, the Italian prosecutor for bringing this case, or the guy who went to a country where there was an outstanding warrant for his arrest.

Re:Really?

[BrokenHalo]

I'm not sure who is stupider, the Italian prosecutor for bringing this case, or the guy who went to a country where there was an outstanding warrant for his arrest.

The latter.

It's about time Americans realised that the rest of the world is comprised of sovereign states not subject to their jurisdiction. I consider this a bit of a trivial case, but there are much more extreme manifestations of this attitude, such as rendition and detention without charge.

It's not an acceptable excuse to say "it's OK for us to do it because we're the Good Guys", because much of the world has good reason to doubt that.

Re:Really?

[rts008]

First off, I agree with you 100% about the 'American' attitude..

Having said that, I am struck by this, FTFA:
"It is believed to be the first criminal sanction ever pursued against a privacy professional for his company's actions.
The video that sparked the investigation was captured in a Turin classroom. Four high school boys were recorded taunting a young man with Down syndrome, ultimately hitting the 17-year-old with a tissue box. One of the boys uploaded the footage to Google Video's Italian site on September 8, 2006.

According to Google, more than 200,000 videos are uploaded to Google Video each day. Under EU legislation incorporated into Italian law in 2003, Internet service providers are not responsible for monitoring third-party content on their sites, but are required to remove content considered offensive if they receive a complaint about it. Between November 6 and 7, 2006, Google received two separate requests for the removal of the video-one from a user, and one from the Italian Interior Ministry, the authority responsible for investigating Internet-related crimes. Google removed the video on November 7, 2006, within 24 hours of receiving the requests.[*&*]

Nonetheless, Milan public prosecutor Francesco Cajani decided that by allowing the 191-second clip onto its site, Google executives were in breach of Italian penal code. "

*&* "Google removed the video on November 7, 2006, within 24 hours of receiving the requests." "Google removed the video on November 7, 2006, within 24 hours of receiving the requests." vv

Peter Fleischer was on his way into the University of Milan for a speaking engagement January 23, 2008 [emphasis mine] when five law enforcement officials with summonses surrounded him. According to Fleischer, the officers had been waiting for him, but ultimately allowed him to deliver his talk before taking him to a deposition before the public prosecutor.

Is it too hard to believe (without more info) that he 'believed*' that this was dealt with, or not an issue?

[*yes, if you have a 'clue', you will check this shite out beforehand...but...]

This just smells of vendetta to me; maybe I am uninformed and 'just don't know any better'...Is there more to this story than the info we being fed?(I have no clue..just asking)

They allowed him to give his talk, but only after 'arresting' him. WTF?

I think that more info is needed here. There seems to be a lot of pieces missing, and I noticed my 'knee-jerk' reactions getting the best of me here...Good Bye for now!

*&* "Google removed the video on November 7, 2006, within 24 hours of receiving the requests."

Re:Guessing how this is going to turn out...

[gbulmash]

The Polizia were just following the orders of a local prosecutor who decided he's going to split hairs on Google's legal status. Apparently "Internet Service Providers" are not responsible for what third parties post on their sites, but "Internet Content Providers" are. While most believe Google qualifies as an ISP (instead of an ICP) under the EU and Italian safe harbor laws, this local prosecutor doesn't.

Basically an asshole Italian prosecutor trying to pull off a high-profile publicity stunt to get him the name recognition to jump to a higher elected office. This is like Elliott Spitzer, the crusading Attorney General of New York who parlayed a number of high-profile prosecutions into a successful bid to become Governor... then pissed it all away, but that's another story.

The prosecutor's an asshole, and if there is justice in the world, he'll end up disgraced and out of a job instead of benefitting from wasting everyone's time to aggrandize himself.

Re:hmph

[icebraining]

What actions? Some idiots uploaded a illegal video, the Italian Interior Minister sent Google a complain about it, and Google removed the video less than 24 hours after the complain. Well within the EU law.

Even someone is acting "badly" is the Italian prosecutor, which is clear trying to "fight" foreign/big companies for self/government publicity.