Europe's 'Right To Be Forgotten' Threatens Online Free Speech
An anonymous reader writes "Jeffrey Rosen, Legal Affairs Editor for The New Republic, explains why the E.U.'s proposed data protection regulation known as the right to be forgotten is actually 'the biggest threat to free speech on the Internet in the coming decade.' In the Stanford Law Review Online (there's a shorter version in TNR), he writes: 'The right to be forgotten could make Facebook and Google, for example, liable for up to two percent of their global income if they fail to remove photos that people post about themselves and later regret, even if the photos have been widely distributed already. Unless the right is defined more precisely when it is promulgated over the next year or so, it could precipitate a dramatic clash between European and American conceptions of the proper balance between privacy and free speech, leading to a far less open Internet.' According to Rosen, the 'right' goes farther than previously thought, treating 'takedown requests for truthful information posted by others identically to takedown requests for photos I've posted myself that have then been copied by others: both are included in the definition of personal data as "any information relating" to me, regardless of its source.' Examples of previous attempts this might bolster include 'efforts by two Germans convicted of murdering a famous actor to remove their criminal history from the actor's Wikipedia page' and an 'Argentine pop star [who] had posed for racy pictures when she was young, but recently sued Google and Yahoo to take them down.'"
Sometimes the right to life threatens the right to free speech (when people want to shout "fire") sometimes the right to free speech threatens the right to free movement (when people set up web sites to track others and become stalkers). What we do is compromise and weigh up one right with another. It's not so complex. Hell it's even built into the European court systems already.
=~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
The idea of a "right to be forgotten" is just stupid on the face of it. What are you going to do about people who know the thing in question that you're trying to get them to forget? Electroshock? Room 101, maybe?
Rob
Facebook et al have been warned about their misuse of users' data for years now, and have shown no signs that they take privacy seriously. So it's going to take regulation to rein them in. I'm not sure how I feel about this, , but my opinion wouldn't change anything, and the "free speech" argument is spurious. Was speech somehow artificially "restricted" years ago, just because the Internet hadn't been invented? "Social networking" could go away tomorrow, and we'd all survive just fine.
(this is not a
One aspect that doesn't seem to be obviously stated in the article, that in order to be certain what is related to the person who wants to be forgotten, online systems have to implement a rather tight tracking of this information. So if someone re-post picture on the Facebook, Facebook would have to check it against hashes of all other FB-hosted images to know where the origin is from (and re-share tags for all depicted users).
If I can't find something related to you -- I can't remove it.
And bonus -- multi-user content. If user A wants to be forgotten, but photo contains also users B and C, removing it might violate rights of other users (unless there's going to be a little digital eraser applied to the tagged face)
Hyperom.com
Unless the right is defined more precisely when it is promulgated over the next year or so, it could precipitate a dramatic clash between European and American conceptions of the proper balance between privacy and free speech, leading to a far less open Internet.
Speaking as an American, I want the European version of privacy and the American version of Free Speech.
In other words, I don't want some motherfucking marketing firm tracking me to sell me their shit - and it's always shit - and sell my information to the Government because they want to track "terrorists" or whatever to justify they're existence.
Which implies the desire for European privacy. They don't need to know who the fuck I am. WTF? Speaking as an atheist in the Bible Belt, I can tell you, anonymity is a goddamn blessing.
Otherwise, I'd need a god given machine gun to defend myself against these Goddamn Jesus freaks who think they need to kill me for not believing in their Sky God.
God Damn Motherfuckers!
right to be forgotten exists in offline-world, and it did not cause any free speech issues. something which is personal information, is not something that is related to free speech. your ideas expressed, public posts made, public statements, discussions may be considered free speech. but, photographs of your son and daughter, can not.
what im i saying. taking this shit seriously : the real issue is google, facebook and similar going deprived of 2% of their annual income. that's the whole point of this anxiety.
well. we, the people dont give two shits about google or facebook's 2% annual income. they can lose it, and still sit pretty.
and, this does not have any kind of effect on the 90-100% of the rest of the internet, where content is created by small people or businesses - they are not making money selling people's personal information to megacorporations anyway. (ads are not relevant - small sites cant run all encompassing tracking networks like facebook )
Read radical news here
You have a right to be forgotten; You do NOT have a right to make me forget!
Thats actually pretty cheap as far as tax rates go. I wish my local sales tax was only 2 percent, or my income tax was only 2 percent.
"Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
You know,
I would be totally cool wit the idea of re-setting the entire planet to, like, 1977.
"Flyin' in just a sweet place,
Never been known to fail..."
The right to be forgotten? What about the responsibility to keep one's own private information private?
I have no problem with regulating the dissemination of private information held in confidence by online services, but information published by users or by people not affiliated with the online services in question should not receive any such protection in all but a few special cases (medical and financial information, for example).
When privacy and free speech are in conflict and there's no urgent and compelling reason to keep information private, free speech should always trump privacy.
"In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
So I followed the links down to the actual EU document, at which point the problem becomes clear. All the other issues aside, if it takes you 117 pages to explain a "basic right" then it seems to me that....
You're Not Doing It Right
-jon
Human foolishness has historical value for teaching values to the young, naive, and possibly stupid.
Invoking Anti-Darwin will protect the rich, politicians, popes, mullahs ..., but endanger the public from a lack of information that could save their lives from idiots being leaders. Yes, George Bush is the poster child for Anti-Darwin rights. Fight Anti-Darwin rights/laws and protect US and EU from drunken idiots in politics.
Unaccountable leaders are masters, and unrepresented people are slaves. How do US and EU fare?
mankind's inalienable rights, the ones the US founding fathers identified
This is precisely the problem that the rest of the world has with US and Americans.
Contrary to the popular belief, there indeed is no God.
Compared to Ronny RayGun, the Bush Bandits, and Slick Willy, Jimmy Carter was a breath of fresh air. And of course, who could resist the tales of his brother Billy? The 'bubbah' was a train wreck, but amusing as hell.
Understanding the scope of the problem is the first step on the path to true panic.
Demand to have him extradited!
At least the US feels that as long as the 'wronged' party is in a jurdiction that they control, they have the right to have foreign citizens extradited. Just look at the case of the UK hacker Gary McKinnon. Let's just hope Europe will be just as determined to have those evil foreigners punished.
Sorry, I think a bigger risk is at stake.
You're right in the "coldly rational" sense that the old Economists used to go by. The problem is that there are a couple of smart evil critters at senior manager positions in these companies, who discovered that 20 billion dollars of influence can create the greatest Social Hack of the last 25 years. America forgot that the chief problem of small insular towns with only 200 people in them was that you could never escape The Day That You Insulted Mrs. Chadwick, because Nobody Insults Mrs. Chadwick.
With the advent of city conditions, people became too busy working to worry about The Disgraceful Remark. In a Post Insult-To-Mrs. Chadwick World, the world ... in a city... would be ... the same!
Now with the social services, the search engines are creating a passive version of that Long Memory, that does nothing for you when you behave, (mostly), but records forever when you don't.
Combined with outright malicious abuse by both the companies and the government, people aren't "just choosing" anymore. They need a little help.
My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
The other point is that you don't even have to post the information yourself. I don't use Facebook, but my partner does, everytime she says 'we' went to a party or to dinner she is posting information about me. By now there is probably quite a lot of it, but none of it was posted by me, and some of it I might later disagree with or think was factually incorrect.
Please. Rosen is acting as a proxy for Google et al who can't be seen going up against this for PR reasons.
I am not saying in its present form it's workable, but the idea that somehow the right to be forgotten is at odds with free speech is total bullshit.
At least it will create a set of significant disincentives to people who want to come forward with this material, who can expect to be prosecuted for doing so, and that's a good thing.
Why are these two rights even being compared when the more obvious comparison is between the right to be forgotten and the threat of being blackmailed, manipulated , artificially limited and determined by your youthful mistakes and bad judgement before your brain had even finished maturing?
I know that Slashdot is filled with techie types and programmers and a supernormal number of those are people who have varying degrees of Asperger's Syndrome and therefore will voice comments like "meh. They made their bed. Let them lie in it". The whole POINT of the EU decision is to prevent that type of attitude from doing the damage it would do. Such "tough luck" attitudes represent nothing but an abysmal lack of insight into human character and the calculus of human relations.
Never before in human history have people been unable to walk away from truly youthful indiscretions. The consequences of this are far reaching and it's a brilliant insight on the part of the EU to recognize the potential for destructive and malignant power plays and the potential for people who would otherwise make real, vital contributions to society to exclude themselves from the public scrutiny that accomplishment would necessarily bring if a woman thought that the picture of the . of herself with the banana would inevitably surface one day.
This is something completely new- a forever memory machine focused in on you from the time of your birth, relentlessly taking pictures recording thoughts and documenting events. No creative person can survive that unscathed.
Now please, let the "fuck them, tough luck" commenters take the floor. ... but before they do, please, give generously:
http://www.autismspeaks.org/
i can't f'ing believe this crap .. is it ever going to end??
i have a worrisome feeling that mankind's inalienable rights, the ones the US founding fathers identified, will eventually be completely squished under a boot of tyranny. I mean every year there's a relentless assault on it. It's starting to feel like we're all huddled inside the Alamo. Except there's no Texian Army to avenge it.
You are an american, and you believe that mankind has specific inalienable rights. That's fine. The rest of the world may disagree, or broadly agree, but disagree to some parts (the right to bear arms for example). I'm certain that the rest of the world couldn't give a monkeys about the 10th amendment for example, but are much more concerned about the right not to be owned -- something that your founding fathers didn't identify.
Your precious founding fathers didn't enshrine a right to privacy. Doesn't mean it's not an inalienable right. Perhaps people in Europe have different opinions.
Your constitution isn't perfect.