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US Activists Oppose US Govt Calls To Weaken EU Privacy Rules

judgecorp writes "The European Commission has proposals for data privacy (including the 'right to be forgotten') and the U.S. government is opposing them. Now U.S. activists have arrived in Brussels to lobby against their government's opposition to the European measures. The move comes following reports of 'extreme' lobbying by U.S. authorities against the European proposals." Although the "right to be forgotten" raises some free speech issues, it doesn't seem like a bad idea in principle.

151 comments

  1. Not a pretty sight by Tokolosh · · Score: 4, Insightful

    Extreme lobbying, such as employed in Iraq, etc., etc?

    --
    Prove anything by multiplying Huge Number times Tiny Number
    1. Re:Not a pretty sight by Mitreya · · Score: 5, Informative

      Extreme lobbying, such as employed in Iraq, etc., etc?

      Why is this marked as troll?
      U.S. has no jurisdiction or vote or representation in Europe. Any opposition to European laws thus consists of some unofficial threats, right?

      Nor is there a legitimate "political" reason. The only reason it might be happening is some companies (Facebook, etc.) are concerned about running into some customer-protection laws which are conveniently absent in U.S.

      The OP is not that far off.

    2. Re:Not a pretty sight by Anonymous Coward · · Score: 0, Offtopic

      Do you feel the same way about Piers Morgan advocating against our Second Amendment? He is not a U.S. citizen and he has no vote here. He may not be threatening extreme violence or such, but he is sticking his nose in where it doesn't belong.

    3. Re:Not a pretty sight by Anonymous Coward · · Score: 5, Insightful

      Do you feel the same way about Piers Morgan advocating against our Second Amendment? He is not a U.S. citizen and he has no vote here. He may not be threatening extreme violence or such, but he is sticking his nose in where it doesn't belong.

      You silly nincompoop, can't you even see the difference between a government sticking its nose where it doesn't belong, and a guy (a journalist) expressing his opinion ?

    4. Re:Not a pretty sight by PTBarnum · · Score: 4, Interesting

      Sovereign nations don't often let other countries dictate their policies, but they quite often listen to what other countries have to say about them. The article does not say that the US threatened the EC, it just says that the US is lobbying the EC. If one country is proposing to do something that another affects the interests of another country, the latter can and should lobby the former. Foreign companies and governments lobby the US government on a regular basis, this is just the reciprocal of that.

    5. Re:Not a pretty sight by Anonymous Coward · · Score: 0

      The threat is massive intervention of US companies which fund each and every association to deliver proposals for watering down the Commission proposal and the usual astroturfers like Microsofts ACT Jonathan zuck.

      When you are not a member of the constituency you are invited to stay at home and criticise your own government. The Stanford Law article is a joke.

    6. Re:Not a pretty sight by Anonymous Coward · · Score: 0

      Fuck it, declare them Unlawfull enemy combatants and make them live in Liverpool. Opps forgot them are US'ians make that France.

    7. Re:Not a pretty sight by Anonymous Coward · · Score: 1

      If I lived in the US I would own a gun, precisely because of people like you, OP and the multiple upvoters

      This sentence puts YOU one step away from a terrorist, because the definition of a terrorist is someone who threatens others with violence in order to have their demands met. At least that was the definition before 9/11, after which it became: someone who opposes America and its friends and wears a funny headgear.

    8. Re:Not a pretty sight by Tokolosh · · Score: 5, Insightful

      As the OP I am now forced to explain that I was being facetious. If you didn't get it, then I pity you.

      Nevertheless, there is a serious intent in highlighting that Americans seem to feel it is their god-given right to tell others how to run their business. This used to be great when Americans still believed in their own Bill of Rights and felt that the rest of the world would benefit from the same. But now they have been turned into sniveling cowards by a bunch of barbarians, they are happy to trample anything that sticks up.

      --
      Prove anything by multiplying Huge Number times Tiny Number
    9. Re:Not a pretty sight by Zemran · · Score: 4, Interesting

      They have very good reason to feel threatened. If Europe starts to get its act together, American people may start to think that it is possible and demand the same.

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    10. Re:Not a pretty sight by Larryish · · Score: 3, Interesting

      ... the definition of a terrorist is someone who threatens others with violence in order to have their demands met.

      What if the terrorists wear badges?

    11. Re:Not a pretty sight by 10101001+10101001 · · Score: 1

      Sovereign nations don't often let other countries dictate their policies, but they quite often listen to what other countries have to say about them.

      Dictate policies, no. Heavily follow them when they come from the US? Too often. Of course, the reverse is true (Berne Convention) and of course the real point is not that sovereign nation A is talking to sovereign nation B but that companies in sovereign nation A and B are using A to pressure/suggest/lobby B to change their laws to their own advantage.

      The article does not say that the US threatened the EC, it just says that the US is lobbying the EC.

      And what if the US *did* threaten the EC? Can't sovereign nations threaten each other? Aren't sovereign nations supposed to be strong enough to stand up to threats, idle or otherwise? The point is that at least as far as nations go, it's all very much one and the same if it's all just talk.

      If one country is proposing to do something that another affects the interests of another country, the latter can and should lobby the former.

      Well, given that the whole point is EU law in EU nations among EU borders involving EU citizens and businesses operating within the EU...what part of the above "affects the interests of another country" except in the same absurd concept that being a subsistence farmer is regulated under federal interstate commerce laws because to feed oneself through farming means a potential lack of interstate commerce. Ie, to accept that the Us has some reasonable standing to lobby effectively means all countries have standing to lobby all other countries at all other times for any reason.

      Foreign companies and governments lobby the US government on a regular basis, this is just the reciprocal of that.

      Yea, reciprocal. An 800 lb gorilla US over a 50 lb country or a 50 lb country over an 800 lb gorilla US. Seriously, though, at least the EC is its own 800 lb gorilla. But the real problem is governments, both EC and US, treat plenty of companies as their own 800 lb gorillas, potentially out of a belief that those companies could readily cut jobs or otherwise risk the political career of politicians who oppose their objectives or potentially out of a want for campaign contributions or perhaps out of a really seriously warped view that companies really are 800 lb gorillas. Whatever the case, the idea that foreign companies doing it is okay is absurd for the same reason there's a serious problem already with local companies lobbying the US government. And the fact that a lot of the time other governments are lobbying on the behest of foreign (or even local) companies... Really, the idea that reciprocity somehow justifies it is absurd.

      --
      Eurohacker European paranoia, gun rights, and h
    12. Re:Not a pretty sight by Anonymous Coward · · Score: 0

      This doesn't affect the US direct, or rather it directly undermines the US's ability to track every person in the world, as they have UK, Australia and no doubt Canada on board. Obviously not much they can do about asia right now but give it time....

    13. Re:Not a pretty sight by Zontar+The+Mindless · · Score: 3, Interesting

      Enough with the revisionism.

      *You* said "invade". Nobody else did.

      OP spoke of "unofficial threats", which is probably not far off the mark: "But if you make FB do this, they'll lose money. And this is bad for you, because...".

      --
      Il n'y a pas de Planet B.
    14. Re:Not a pretty sight by Anonymous Coward · · Score: 0

      We hardly have a monopoly in this. Mexico consistantly butts in on our foreign policy and on internal states laws. A number of countries in europe and asia spoke out against our gun laws. For the most part the world advocates for their prefered position and profits. Suprised, really?

    15. Re:Not a pretty sight by shutdown+-p+now · · Score: 4, Insightful

      There's a difference between speaking out on another country's foreign policy, and heavily lobbing its government and private actors to push for what you want.

    16. Re:Not a pretty sight by rastos1 · · Score: 0

      U.S. has no jurisdiction or vote or representation in Europe

      Neither it has anywhere outside of its borders.

      Any opposition to European laws thus consists of some unofficial threats, right?

      Nobody cares if the threats are official or not. Everybody just caves in.

    17. Re:Not a pretty sight by Jedi+Alec · · Score: 1

      Awww, has Mr. Morgan expressed an opinion you don't like? That whole freedom of expression thingamabob really sucks when it's a furriner pointing out that you're a bunch of flaming retards, isn't it?

      Tar and feathers, I say, tar and feathers.

      --

      People replying to my sig annoy me. That's why I change it all the time.
    18. Re:Not a pretty sight by Anonymous Coward · · Score: 0

      I'd call that agressive negotiations

    19. Re:Not a pretty sight by Anonymous Coward · · Score: 0

      I was going to mod you up, but then you called Piers Morgan *spit* a journalist.

    20. Re:Not a pretty sight by Anonymous Coward · · Score: 0

      Yea, reciprocal. An 800 lb gorilla US over a 50 lb country or a 50 lb country over an 800 lb gorilla US. Seriously, though, at least the EC is its own 800 lb gorilla.

      To be more correct the EC would be a 930 lb gorilla.

    21. Re:Not a pretty sight by RaceProUK · · Score: 1

      Do you feel the same way about Piers Morgan advocating against our Second Amendment? He is not a U.S. citizen and he has no vote here. He may not be threatening extreme violence or such, but he is sticking his nose in where it doesn't belong.

      You silly nincompoop, can't you even see the difference between a government sticking its nose where it doesn't belong, and a guy (devil incarnate) expressing his opinion ?

      FTFY

      --
      No colour or religion ever stopped the bullet from a gun
    22. Re:Not a pretty sight by Anonymous Coward · · Score: 0

      But now they have been turned into sniveling cowards by a bunch of barbarians, they are happy to trample anything that sticks up.

      How the hell is this insighful?

      Americans aren't any more bossy than the rest of the world. They're just in the spotlight more, that's all. It is a *human* tendency to want to tell others what the do; the simple desire for power.

      Acting like it's just the Americans is not insightful or useful in any way, shape, or form.

    23. Re:Not a pretty sight by Anonymous Coward · · Score: 0

      If he pays tax in the US he should have a vote and be allowed advocate against the Second Amendment. No taxation without representation, right?

    24. Re:Not a pretty sight by dcw3 · · Score: 1

      Your assertion that "Americans seem to feel it is their god-given right to tell others how to run their business", is played both ways. There are plenty of foreign lobbys putting pressure on the US (Ref: http://en.wikipedia.org/wiki/Lobbying_in_the_United_States#Foreign_lobbying). I'm not a fan of lobbyists, but isn't this really the pot calling the kettle black?

      FWIW, I do wish we had some of your privacy laws here. Our severe lack of them is clearly broken.

      Signed,
      A Sympathetic Barbarian

      --
      Just another day in Paradise
    25. Re:Not a pretty sight by dcw3 · · Score: 1

      Yea, reciprocal. An 800 lb gorilla US over a 50 lb country or a 50 lb country over an 800 lb gorilla US.

      Disclaimer: I'm a US citizen, and as with most of us, despise lobbyists. Our legal system has made it a feeding frenzy, and next to impossible for anyone to put a stop to.

      What evidence do you have that the US is doing any more lobbying than the EU is doing in the US? None of us here are in love with lobbyists, but there is certainly plenty of foreign lobbying here, ref.: http://en.wikipedia.org/wiki/Lobbying_in_the_United_States#Foreign_lobbying

      --
      Just another day in Paradise
    26. Re:Not a pretty sight by Tokolosh · · Score: 1

      Cross-border lobbying is ok, both ways. But the US seems to very keen on "extreme" lobbying, which is the kind they practise with you staring into a gun barrel. Or when they shut down your economy because you dare to buy cigars from Cuba, or make a foreign government send in a swat team to arrest one of their own residents at US corporations' behest. In the old days it was called gunboat diplomacy.

      --
      Prove anything by multiplying Huge Number times Tiny Number
    27. Re:Not a pretty sight by dcw3 · · Score: 1

      Seems to? Based on what? Nobody is pointing a gun at anyone in the EU. Hell, half of America romanticizes about everything European. But let's be honest. European countries have done plenty of the crap that you're accusing the US of doing right now. The term gunboat diplomacy originated with European powers. While America has been in plenty of controversial conflicts, none in recent memory were due to trade. Your example of Cuba isn't related to this discussion, but there are plenty (I'd say the vast majority) of Americans who wish to put an end to that. As for the "swat team" arrests, what are you talking about?...MPAA/RIAA?

      --
      Just another day in Paradise
  2. It cuts both ways by pjt33 · · Score: 5, Interesting

    ...the "right to be forgotten" raises some free speech issues...

    is one way to look at it, but the other way to look at it is that free speech raises some privacy issues. As the Stanford Law Review article recognises, there's a tension between the two and different cultures choose to give them different weights. That doesn't make either culture right or wrong.

    1. Re:It cuts both ways by BitterOak · · Score: 5, Interesting

      ...the "right to be forgotten" raises some free speech issues...

      is one way to look at it, but the other way to look at it is that free speech raises some privacy issues. As the Stanford Law Review article recognises, there's a tension between the two and different cultures choose to give them different weights. That doesn't make either culture right or wrong.

      True, and in the pre-Internet days, it didn't matter very much if two different cultures weighed those two issues quite differently But it gets much more complicated when we're all connected. Suppose a European creates a Facebook account (hosted in the US) and later wants some information removed. Which country's laws should prevail? It gets even more interesting if it isn't a big international company like Facebook, but a small US-based blog site, that someone in a foreign nation chooses to participate in. Whose laws prevail then?

      The Internet is a wonderful thing, but difficulties do arise when different countries' approaches to freedom of speech differ, and both counties share the same global Internet.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    2. Re:It cuts both ways by mister_playboy · · Score: 3, Informative

      This concept is dealing with the right to be forgotten by computerized systems, not forgotten by humans.

      --
      Do what thou wilt shall be the whole of the Law ::: Love is the law, love under will
    3. Re: It cuts both ways by donscarletti · · Score: 1

      Which is why sovereign states often look at the Internet with very mixed feelings. In the old days, doing business in a country meant dealing souly with their laws, nowadays, you can do business worldwide without a presence anywhere, subject largely to laws of your own choosing.

      China has chosen to largely block "web2.0" and just leave the foreign Internet as merely a reference tool. Other countries are either doing the same or wishing they could, to have something so central to the lives of its citizens that a government cannot control is somewhat an alien concept to many. My thoughts are that if the Internet did have stronger consumer protection, this would remove some of the impetus for government interference. Or at the very least remove a potential rationalisation that could be offered to the public.

      --
      When Argumentum ad Hominem falls short, try Argumentum ad Matrem
    4. Re:It cuts both ways by Anonymous Coward · · Score: 0

      My way for such problems is:

      1. NO FUCKIN' COMPROMISES. Period.
      2. Then find a solution starting from that fixed base state.

      So:
      - 100% free speech. Everyone can say anything.
      - 100% privacy. Nobody has the right to invade your secret space.

      That is really simple to solve, and is not a dilemma at all.
      If somebody invades somebody else's privacy, he gets punished with the only legitimate punishment a truly wise person has available: Separation.
      All contacts are cut off. He gets expelled from the country. No transfer of information nor matter/energy of any kind between that place and our place will be allowed. Complete embargo. Digitally, a perma-ban. And attempts to re-enter will be answered with a shoot-to-kill reaction.
      That way that person can still say whatever she wants. No limitation of free speech or life whatsoever. She can still go around and build whatever society she wants, no matter how crazy the rules are. Much better than prison. Let alone the horribly idiotic idea of harming that person back.
      Of course we're not monsters, and forgive such people after a while. Depending on the situations and if the rules of the community are followed again.

      So it's not about what you can do. (Like invade people's privacy, murder, pillage and rape.) But what you want to do, and the results of that. Like not being liked by the victims anymore and them not wanting any contact anymore. Your choice. (And I don't judge anyone for what he chooses. It's only cause and effect.)

    5. Re:It cuts both ways by Anonymous Coward · · Score: 0

      Of course the US laws would prevail. As it was when people wanted to donate to wikileaks using paypal but paypal/ebay rejected it, because "they had to follow us law".

      There is no such right of "free speech" in Europe nowadays, anyway. This "right to be forgotten" sounds nice, but nobody really wants it - data are money and power.

    6. Re:It cuts both ways by Xeno+man · · Score: 1

      You don't have a friggin clue to what you're talking about do you.

    7. Re:It cuts both ways by Intropy · · Score: 1

      I know exactly what I'm talking about. Forcing someone to forget you violates their privacy. Which part of that is confusing you?

    8. Re:It cuts both ways by TubeSteak · · Score: 4, Informative

      But it gets much more complicated when we're all connected. Suppose a European creates a Facebook account (hosted in the US) and later wants some information removed. Which country's laws should prevail?

      Facebook has a HQ in Ireland, so the EU laws would apply
      The only out for Facebook is if the European citizen was in the USA when they created and updated the account...
      That's likely to be a vanishingly small percentage of facebook users.

      It gets even more interesting if it isn't a big international company like Facebook, but a small US-based blog site, that someone in a foreign nation chooses to participate in. Whose laws prevail then?

      That's not at all interesting.
      The European courts have no jurisdiction. End of conversation.
      Finer legal minds than ours have parsed issues like this for a couple decades now.

      --
      [Fuck Beta]
      o0t!
    9. Re:It cuts both ways by Anonymous Coward · · Score: 0

      Since computers are not people, there would be no "someone" being forced to forget anything.

    10. Re:It cuts both ways by Xeno+man · · Score: 1

      Lets see, that part where you think the government wants people to be silent and forget things. The right to be forgotten is about removing your online presence. Every action you take online is recorded and stays there forever. People change and their past online selves can return to haunt them in real ways.

      There is also the part where you equate freedom of speech to privacy. What you know, say and do is your right for speech and expression and has nothing to do with your privacy. Your imagined scenario of being force to tell someone... something... in an effort to make you forget... somehow... I have no fucking clue where that came from, where you are going with it, how it would work or imagine that is what people are lobbying for. But it's nice that you were so completely outraged about that particular violation that you based an entire post about it even though it has absolutely nothing to do with what people are talking about outside the extremely loose connection that you made in your head.

    11. Re:It cuts both ways by Anonymous Coward · · Score: 0

      The question of what law applies? The law where the service is hosted.
      Very simple, and easily addresses everything.
      You are subject to the laws where you reside, the service you use is subject to the law where it resides.

    12. Re:It cuts both ways by Anonymous Coward · · Score: 0

      Another way to see it is that "Free Speech" obsession is very much an American issue. In Europe although free speech is always taken in consideration, the main obsession is civil rights and speech is just one of those, as is health, education and privacy.

    13. Re:It cuts both ways by DarkOx · · Score: 1

      I think the free speech issues trump it. Look the right to be forgot requires dictating what someone else can do or say about what the know. That is by its nature invasive. The privacy aspect on the other hand is not. If you don't want to have record of your activities on Facebook or anywhere else don't use it. If you don't trust a business with your personal information don't do business with them.

      The choice is between invasive regulation and education should be selected. If this is really a serious issue, these governments should create some public service announcements suggesting people should consider not providing personal information; remind them that anything they post on line might hand around and follow them for the rest of their lives. Generally remind people their are risks and rewards for participating in loyalty programs, social media, etc and they need to consider both sides. Governments manage to run massive anti drug campaigns, anti smoking, abuse awareness; they can and should do a privacy awareness.

      That makes much more sense than trying to legislate what *I* can do with an e-mail *you* sent me.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    14. Re:It cuts both ways by AmiMoJo · · Score: 1

      It actually has nothing to do with free speech. The right won't allow people to silence their critics, only to remove material they themselves uploaded. It is about limiting the ability of companies to keep your data forever and make it inaccessible to you.

      For example if you delete your Facebook profile it is actually just made inactive and they keep everything you every posted, every photo you ever uploaded and all your personal information going back to the moment you registered. That's not a free speech issue, it is simply about Facebook wanting to keep your valuable data for their own profit when you want it deleted.

      Just to be clear if you posted a picture of yourself passed out in a pub you can have Facebook remove it from your profile, but you can't stop other people writing about the event or newspapers reprinting the photo. If you delete your Facebook account they can't keep any data, include your name in search results, use your images in advertising etc.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    15. Re:It cuts both ways by polar+red · · Score: 1

      You're assuming the person has control over his own personal information. He does not. Our corporate overlords have.

      --
      Yes, I'm left. You have a problem with that?
    16. Re:It cuts both ways by Stormy+Dragon · · Score: 1

      but you can't stop other people writing about the event or newspapers reprinting the photo

      Except that you can. There's already been at least one case where a court used the "right to be forgotten" to ban people writing about an event or reprinting a photo:

      http://www.theatlantic.com/magazine/archive/2012/07/the-right-to-be-forgotten/309044/

    17. Re:It cuts both ways by Anonymous Coward · · Score: 0

      ...the "right to be forgotten" raises some free speech issues...

      Nope. It merely creates "free press" issues, or rather, "free blogs" issues. With a right to be forgotten by databases, websites, search engines, and other computers, you can retract stuff so it no longer show up on google. But there is no implication for free speech. People can still get on their soapboxes and say whatever they like. Including talking about the stuff you successfully pulled from the web. They just can't type it up and post it in forums any more...

    18. Re:It cuts both ways by Anonymous Coward · · Score: 0

      You mean Australia?

    19. Re:It cuts both ways by AmiMoJo · · Score: 1

      You idiot. That happened on the other side of the world, not in the EU. The law is totally different. It isn't a "version" of the EU rule, it is entirely unrelated. A sensationalist web site fooled you into thinking it was.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    20. Re:It cuts both ways by pjt33 · · Score: 1

      I think the free speech issues trump it.

      I imagine that most Americans would feel that way, and I strongly suspect that you're an American. But my point is that different people see it differently: firstly because there isn't a universal "right" answer; and secondly because we've been brought up to see the world through different lenses. To take a somewhat silly but hopefully instructive example: according to Wikipedia, English is the only official language in 28 U.S. states. Imagine a bill which made English the only official language of France. It would be ludicrous, because it doesn't make sense in that cultural context, although it does in others.

      I don't expect to persuade you to change your mind on any of your other points, but in the hope that I can convince you that there's more than one reasonable position I'll have a stab. Publishing personal data about someone who has explicitly asked you not to strikes me as invasive. Trustworthy businesses sometimes cease to be trustworthy or are bought out by untrustworthy companies, and in such a case I'd rather have the option to withdraw my consent for them to continue using my data. Actually, European data protection legislation may have already reduced the amount of junk mail I get from companies to which I've never given my name and address, although I don't have enough data to separate out the possible change of marketing focus towards other forms of advertising. And as for trying to legislate what you can do with an e-mail I sent you: have you seen the e-mail signatures which corporate legal insist on, or the EULA's they put on public-facing websites?

  3. Or maybe by oobayly · · Score: 0

    With extreme prejudice? I've seen 24.

  4. Fortunately by Anonymous Coward · · Score: 0

    The European Commission has proposals for data privacy (including the 'right to be forgotten') and the U.S. government is opposing them.

    U.S. has no actual vote or authority in Europe.
    Or should not, anyway.

    WTF is the U.S. even coming from here, opposing laws in sovereign countries (that are not at all easy to invade)

    1. Re:Fortunately by MightyMartian · · Score: 5, Insightful

      The fear the US may have is that at some point down the road the EU may try to go after US companies to force them to obey its rules. It's one thing to say "Facebook.de must delete every evidence of a user's existence upon their request", but what happens if the EU is trying to say "Facebook.com must delete every evidence of a user's existence upon their request."

      Beyond that, there are some limits to how far you could ever apply this "forget me" notion. I'm sitting in North America, running a listserv that has people from the US, Canada, Europe, a couple of Asian countries and Australia on it. The listserv has an archive dating back to about 2002 and there are copies of that archive all over the bloody place. If I suddenly were faced with requests from my European users to start deleting every post they made, it would be an arduous and ultimate futile process. We'd be talking about deleting not only their posts, but posts that contain excerpts from their posts. Worst of all, it would ruin the continuity of the archive, which may be of significant value (I've found myself going back several years to hunt down information).

      Obviously this law is targeted at Google, Facebook, Twitter et al. But what it ultimately comes to encompass is ludicrous, and I sure hope that the US, where my stuff is based, does not go down such an extremist road.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:Fortunately by mill3d · · Score: 5, Interesting

      Since these companies are based in Ireland for tax purposes, that might indeed end up happening...
      On the other hand, that could also force said companies' tax dollars back into the US which wouldn't hurt at this point...

      --
      Nothing is enough for whom enough is too little - Confucius
    3. Re:Fortunately by Savage-Rabbit · · Score: 1

      Since these companies are based in Ireland for tax purposes, that might indeed end up happening...

      On the other hand, that could also force said companies' tax dollars back into the US which wouldn't hurt at this point...

      Fat lot of good that would do, they hardly pay any taxes at all...

      --
      Only to idiots, are orders laws.
      -- Henning von Tresckow
    4. Re:Fortunately by arkenian · · Score: 1

      The European Commission has proposals for data privacy (including the 'right to be forgotten') and the U.S. government is opposing them.

      U.S. has no actual vote or authority in Europe. Or should not, anyway.

      WTF is the U.S. even coming from here, opposing laws in sovereign countries (that are not at all easy to invade)

      The point of having an ambassador is to tell foreign countries when things impacting your nation in some fashion against your interests are doing so. The US has every right, and, to its citizens, an obligation, to 'lobby' the EU in its interests. The EU has every right to ignore it, too, of course.... if you're an EU citizen and disagree, don't complain to us, just lobby your own government even more powerfully. The US government doesn't begin to have the resources to outlobby a united EU populace.

    5. Re:Fortunately by mill3d · · Score: 2

      It might even be enough to prompt a major "recall" of US companies, in which case it might become interesting. On top of that, bringing HQs back would also help employment as well.

      A bucket is filled with many drops, is it not?

      --
      Nothing is enough for whom enough is too little - Confucius
    6. Re:Fortunately by Anonymous Coward · · Score: 0

      It is a matter of courtesy to respect requests of your users to delete posts from a listserv archive (or pull the archive). You have no right to disrespect the rights of others.

    7. Re:Fortunately by Anonymous Coward · · Score: 0

      The US diplomates may say what they like but not US corporations.

    8. Re:Fortunately by Anonymous Coward · · Score: 0

      As opposed to the US trying to force the rest of the world into using its view on IP/Copyright ?

    9. Re:Fortunately by MightyMartian · · Score: 1

      They posted to a publicly readable list server. I'm not going to go through 50k messages when they knew full well it was archived.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    10. Re:Fortunately by Xeno+man · · Score: 1

      Because they pay taxes to Ireland. If they payed taxes on income they kept in the states, they would pay a hell of a lot more taxes on it.

    11. Re:Fortunately by Anonymous Coward · · Score: 0

      it would be an arduous and ultimate futile process. We'd be talking about deleting not only their posts, but posts that contain excerpts from their posts. Worst of all, it would ruin the continuity of the archive,

      This has been solved before. What you do is have a special user called Anonymous. When a normal user wants to be deleted, all his posts get anonymized, and you grep/replace their username with anonymous in all comments. This preserves continuity, and once several users have been anonymized, it becomes very hard to identify what any one particular former user commented, as it it mixed in with the comments from other former users.

    12. Re:Fortunately by locofungus · · Score: 1

      On the whole, regulations coming from the EU are reasonable and well thought out. A lot of that comes about because the EU is a big club without a single dominant influence.

      It is true that there are older regulations (such as the CAP) which were initially designed in the days when the common market was very much smaller and tend to favour some countries over others. CdG knew what he was doing when he wouldn't let Britain join the CM in the late 60s.

      What this regulation will probably end up requiring is that companies that store data linked to an account will have to delete that information at the behest of the account holder.

      The individual countries governments when they implement such a directive will, in some cases, gold plate the requirements and will blame the EU if there is any backlash. For example, they may claim that anonymous users are no longer allowed when the EU regulation has nothing at all to say about anonymous users.

      Tim.

      Tim.

      --
      God said, "div D = rho, div B = 0, curl E = -@B/@t, curl H = J + @D/@t," and there was light.
    13. Re:Fortunately by Anonymous Coward · · Score: 0

      On the other hand, that could also force said companies' tax dollars back into the US which wouldn't hurt at this point...

      Forcing them to repatriate would mean each and every one would have to pay a lump tax on all the repatriated profit as it suddenly becomes realized US profit. Given the amount of money involved, that'd be a giant loss for a lot of huge corporations, not to mention the loss of a very convenient tax shelter. Ironically, the US government will likely want to really avoid that anyway, since it'll crash both the stock and bond markets, not to mention that it'll strengthen the USD far beyond where the FED is comfortable having it stay (which in turn will hurt US competitiveness and so on). All in all, a bad outcome for the US, in spite of the surge in tax dollars, as uncle Sam will have again to blow through the debt ceiling just to offer enough of a Treasuries safe haven for all investors that'll have to flee the falling markets.

      The alternative is either to find another tax shelter - plenty about, but that'd mean still no US tax dollars in - or lobby for a one-time waiver on repatriated profits - again, no tax dollars in, but potentially there will be after that, if the EU operations' HQ move to the US. That last case is still a negative for the markets though, even if less dramatic. On the other hand, the jump in USD demand would still be there, so USD would still strengthen too much, leading to the FED printing more money to avoid deflation ...

      So the most likely outcome would be Ireland loses all the foreign companies' HQs and its economy craters, perhaps something similar for Luxembourg, and some other place, finds itself suddenly very much in the middle of an economic and real estate boom.

    14. Re:Fortunately by Anonymous Coward · · Score: 0

      Anyone can say anything they like, asshole.

    15. Re:Fortunately by AmiMoJo · · Score: 1

      What you describe could happen to a mailing list based in the EU, just like it could happen to a mailing list in the US due to a DMCA take-down request.

      Clearly the law would only apply to companies with a presence in Europe, like Facebook. It is the same as how YouTube has to respond to copyright or legal rulings under EU law because it does business in the EU and would be subject to fines and other sanctions if it didn't.

      Companies with nothing to do with Europe won't be affected, just like how EU companies with nothing to do with the US can ignore DMCA take-down requests.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  5. Money money money by ADanFromCanada · · Score: 2

    Our personal data is worth money to others. They don't want their money taken from them.

    1. Re:Money money money by Mitreya · · Score: 5, Funny

      Our personal data is worth money to others. They don't want their money taken from them.

      No, no, you misunderstand. In reality Facebook is selflessly fighting for our rights to remember. They would allow you to delete the data, but they are concerned about freedom of expression being preserved. They said it right here:

      Facebook in particular has strong objections to the right to be forgotten, claiming it "raises many concerns with regard to the right of others to remember and to freedom of expression"

  6. Not so terrible free speech issues by grimJester · · Score: 2
    From the Stanford link:

    "But the right to delete data becomes far more controversial when it involves Fleischerâ(TM)s second category: âoeIf I post something, and someone else copies it and re-posts it on their own site, do I have the right to delete it?â Imagine a teenager regrets posting a picture of herself with a bottle of beer on her own site and after deleting it, later discovers that several of her friends have copied and reposted the picture on their own sites. If she asks them to take down the pictures, and her friends refuse or cannot be found, should Facebook be forced to delete the picture from her friendsâ(TM) albums without the ownersâ(TM) consent based solely on the teenagerâ(TM)s objection?"

    If Universal posts the latest Spiderman movie and I re-post it, they can have it taken down. This is just normal copyright and that's not limited to big companies or rich people.

    ] Finally, there is Fleischerâ(TM)s third category of takedown requests: âoeIf someone else posts something about me, do I have a right to delete it?â This, of course, raises the most serious concerns about free expression. The U.S. Supreme Court has held that states cannot pass laws restricting the media from disseminating truthful but embarrassing informationâ"such as the name of a rape victimâ"as long as the information was legally acquired.

    The proposed European regulation, however, treats takedown requests for truthful information posted by others identically to takedown requests for photos Iâ(TM)ve posted myself that have then been copied by others: both are included in the definition of personal data as âoeany information relatingâ to me, regardless of its source. I can demand takedown and the burden, once again, is on the third party to prove that it falls within the exception for journalistic, artistic, or literary exception.

    This one sucks and shouldn't be there. Obviously people should be able to talk about others even if it's not journalism or art.

    Generally, I think the questions on what's ok and what's not have been solved in law long before the Internet existed. This is just about spelling out how hosters should deal with takedown notices etc.

    1. Re:Not so terrible free speech issues by Anonymous Coward · · Score: 0

      You're moving from what might be considered fair use to commercial copyright. If the photo is news, for example it's a tough on drugs police chief's college-aged daughter smoking marijuana, and the newspaper runs that as a story... Is it within her rights to have it pulled? Or does it benefit society that his hypocrisy can't be hidden?

    2. Re:Not so terrible free speech issues by BitterOak · · Score: 4, Interesting

      If Universal posts the latest Spiderman movie and I re-post it, they can have it taken down. This is just normal copyright and that's not limited to big companies or rich people.

      But the copyright for a photograph belongs to the person who took the picture, not the person in the picture. (I recognize that in some cases, they may be the same person.) Suppose in the example given the picture wasn't taken by the person depicted with the beer bottle but by a third party, who gave consent to the second party to post the photo in her album which depicts the first party holding a beer bottle.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    3. Re:Not so terrible free speech issues by PTBarnum · · Score: 1

      In the US, people have certain rights to their image that are not based in copyright. The person in the picture does not own the copyright, but they still have the right to control commercial use of the photo.

    4. Re:Not so terrible free speech issues by Jah-Wren+Ryel · · Score: 1

      This one sucks and shouldn't be there. Obviously people should be able to talk about others even if it's not journalism or art.

      I think the issue is more subtle than that. The question that I think is important is how those people came to have that information. Did I give it to them with the expectation that it would be used for one thing and their publishing it is using for something else. For example, showing an ID to prove my legal right to drink alcohol and get entry to a bar - I don't expect that bar to keep a record of my ID and then post a list of every customer on the bar's facebook page.

      --
      When information is power, privacy is freedom.
    5. Re:Not so terrible free speech issues by BitterOak · · Score: 1

      In the US, people have certain rights to their image that are not based in copyright. The person in the picture does not own the copyright, but they still have the right to control commercial use of the photo.

      But how would my example be commercial use?

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    6. Re:Not so terrible free speech issues by HJED · · Score: 1

      Depends if they took the photo with consent at the time (not retroactivly) if the answer is yes then yes they have the right to post it. There are all ready laws about publishing photos without peoples consent in most countries, reposting an already posted photo is a copyright infringment (unless permision is granted). N.b. I don't count pressing the "share" button on Facebook as an infingment in this case because the orginial poster can still remove it.
      Quoting someone is far use (for the type of posts you get on facebook), so that is ok; and defermation laws cover posts about people.
      The main problem is if the op or subject of the photo couldn't legally consent for it be posted at the time that is was posted (due to age and/or intoxication), then its a bit of a grey area but they should have the right to have it removed. This is the only part that needs new legislation to clarify, in fact this one situation where copyright law actually works well.

      --
      null
    7. Re:Not so terrible free speech issues by HJED · · Score: 1

      Most countries have laws about taking photos of people that require there consent both at the time the photo was taken and again to publish it. A good lawyer could probably argued that such consent was implied though.

      --
      null
    8. Re:Not so terrible free speech issues by egr · · Score: 1

      "Yes. Now it may appear in the picture that I'm actually looking a the camera lens and smiling, with the penis in my mouth, and giving a thumbs up. But I assure you, I was fast asleep! "

    9. Re:Not so terrible free speech issues by AmiMoJo · · Score: 1

      In that case there would be no right to have the photo removed. The right to be forgotten only applies to data you yourself uploaded or your personal data that a commercial company keeps records of (like name, DOB etc).

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  7. a little consistency by Anonymous Coward · · Score: 0

    Wait... so today it's OK for people to be in control of what happens to their data? In other words, they have the right to stop OTHER people from making copies of it without their permission?

    But step back a few stories and when it's a song or movie, it's no longer up to the person who created it whether it ends up copied all around the world for free, and they have no right to stop other people from copying it?

    Uhh....

    1. Re:a little consistency by Mitreya · · Score: 4, Insightful

      Wait... so today it's OK for people to be in control of what happens to their data?

      But step back a few stories and when it's a song or movie, it's no longer up to the person who created it whether it ends up copied all around the world for free, and they have no right to stop other people from copying it?

      I think the point of this discussion is that European Commission gets to decide on laws in Europe. And U.S. should pretty much stay out of it. This is completely irrespective of what actual rules are being considered.

    2. Re:a little consistency by Anonymous Coward · · Score: 0
      Pay more attention to the actual arguments about copyright reform, and a little less attention to the extremists.

      it's no longer up to the person who created it whether it ends up copied all around the world for free

      Yes, because that person cannot control the internet.

      and they have no right to stop other people from copying it?

      No one's saying that. I hear a lot of people saying the accused shouldn't have to pay out more per song than an airline would pay out per person killed through their fault on one of their flights. I hear people saying companies should not be able to extend copyright until the public domain functionally ceases to exist. And I hear people argue that *AA are just corrupt to the core, and shouldn't be allowed to pissed on the public (and the artists they supposedly represent) to keep their outdated business models alive.

    3. Re:a little consistency by storkus · · Score: 1

      I still stand by what I was going to say: I'm embarrassed at my government and it seems that, no matter who you elect, they go do what they want. I'm sure this isn't news to any of you (or me) , but as an American, I'm just really sick and tired of it.

      That said, it occurs to me--and not to any of you, surprisingly--that these multi-national, world-wide corporations may be based here in the USA, but they could be located anywhere, and typically have offices everywhere at that. With the exception of defense contractors, any of these companies could move anywhere in the world they wished, if they so chose. They don't for a reason: because the laws here favor these corporations over just about everything else--in this particular case, privacy laws. (Or should we say, lack thereof?)

      Despite all its problems, Europe is rich and these corporations know it. Companies that depend on advertising like Google need some privacy taken away in order for their pricier targeted ads to function. (Note: I am *NOT* advocating any of this!) And then there's Facebook, who's whole business model revolves around stripping your privacy away. For what ever reason, they can't buy off these European politicians, so they're doing the next best thing and using the ones they already bought off here. This isn't really news as corporations here do this all the time: witness ADM and the sugar tariff, for example. The news is that they're being so public about it and the backlash is growing.

      Personally, I hope the backlash makes its way here, but so far it has been very muted.

    4. Re:a little consistency by neonv · · Score: 1

      Inviting lots of opinions to a complicated issues is an excellent idea and creates additional insight into the implementation and practical problems that may occur with the laws. There's no reason to ignore an opinion just because it's an opposing opinion. Rather, opposing opinions can bring the most insight information from people that think differently. Europe doesn't have to agree with the US, but the opinions and insight of the US can be very useful.

    5. Re:a little consistency by shadowofwind · · Score: 2

      I'm completely on the pro "data privacy" side of this debate, and I agree that the official US stance tends to be bullying. But it seems to me that the "US government has no business lobbying European government" argument leaves something important out. A government has a responsibility to its citizens to enforce or at least encourage fair trade practices. If Britons, for example, decide they want high protective tariffs, then certainly that is their right. But then US trade policy may need to be adjusted accordingly. To avoid a trade war, both nations need to understand how the other perceives and is likely to react to changes. Suppose the US delegation says, "if you implement policy X, that will dramatically increase the cost of American products in your country, in which case we're likely not going to be able to continue giving your products preferred treatment in the US." Is that a threat? If so its a completely reasonable one. And in cases when one nation exports a product that the second nation doesn't for the most part export, the first nation needs to represent the interests of the industries that are important to it.

      The US government is more at the call of big money than it should be. And it needs to be more respectful of other nation's integrity and choices, and more concerned with fairness, with less of a 'might makes right' approach. But it still needs to communicate on behalf of US economic interests, since protecting those interests is one of the first responsibilities of government.

  8. we the us govt by Anonymous Coward · · Score: 0

    we the us govt are telling you to do as well fucking tell you cause its good for americans. WE don't fucking care about anyone else but our greedy lawyers and making our military uber cool.

    NOW if you dont do as we want we'll send secret cia agents all over europe and fuck with you.
    signed
    buba obama ( head of homeworld security )

  9. Matter more than most protests by redelm · · Score: 2
    Most protests are ineffective because they rail against some wrongdoer in the hope of shaming them into reform. The effort is often vain because wrongdoers are very shame-resistant.

    This is a little different because the EU is not [yet] a major wrongdoer with respect to privacy. The protest is more to bolster their nerve against heavy pressure from the US govt (a ne'er-do-well).

    It enables the EU commissioners to say "The US is divided on this issue of privacy, with the govt saying one thing yet important people and organisations dissent)." So they get to do what they want anyways.

    1. Re:Matter more than most protests by Anonymous Coward · · Score: 0

      It enables the EU commissioners to say "The US is divided on this issue of privacy, with the govt saying one thing yet important people and organisations dissent)." So they get to do what they want anyways.

      You Americans really think the whole world revolves around you, don't you?
      PROTIP: You are irrelevant to what we "get" to do in our country.
      You really think it's a matter of what some assholes from that 4th Reich / God State crossover country across the pond tell us to do?? Seriously? lol.

  10. Get the fuck out by Anonymous Coward · · Score: 0

    The US has no right to be lobbying the EU. The politicians are elected to represent the people, not foreign interests.

    1. Re:Get the fuck out by Intropy · · Score: 1

      The US and anyone else has every right to be lobbying the EU. The EU doesn't have to agree or even listen, but everyone has a right to state his position.

    2. Re:Get the fuck out by Anonymous Coward · · Score: 1

      Yeah, and we all know what "lobbying" means in this case: http://en.wikipedia.org/wiki/Lockheed_bribery_scandals

    3. Re:Get the fuck out by Anonymous Coward · · Score: 0

      The US and anyone else has every right to be lobbying the EU. The EU doesn't have to agree or even listen, but everyone has a right to state his position.

      Let's just hope they don't start WWIII over Facebook and Google, that would be embarrassing.

    4. Re:Get the fuck out by dcw3 · · Score: 1

      Yeah, we know the EU would never lobby in the US. Seriously, get a clue. You don't want our lobbyists, we don't want yours, hell, we don't want ours either. But, is the playing field really tilted? And, don't give me the crap about the Lockheed bribery scandals...there's plenty of bribery on both sides of the pond.

      --
      Just another day in Paradise
  11. If I trusted the govt to make smart rules by raymorris · · Score: 1

    If I could trust the government to be smart about the rules they make, and to really understand web technology, the new restrictions might seem mildly attractive. Given the general incompetence of government, I think it best that slashdot decides how slashdot handles login, cookies, etc.

  12. And you're pissed off about it. by Anonymous Coward · · Score: 0

    And everyone else is pissed off about the US Gov doing the same thing.

    Except with guns. Lots of guns.

    1. Re:And you're pissed off about it. by Zontar+The+Mindless · · Score: 1

      Please note that in the foregoing post, "everyone" is used as a polite euphemism for "gun nuts".

      --
      Il n'y a pas de Planet B.
  13. Lobbying by Anonymous Coward · · Score: 0

    Lobbying is corruption. Corruption is illegal and immoral.

  14. Yes, please apply brain consistently. by Anonymous Coward · · Score: 0

    Or did you just then by talking bollocks?

    The data isn't theirs.

    The movie isn't theirs.

    The movie has been released as public, the copyrights go to the public domain. Eventually. The copyrights are lasting too long.

    Meanwhile my personal information is NOT being sold to the public. The data remains mine. FB may have it for a while, but it never got sold to them.

  15. My facebook solution... by Anonymous Coward · · Score: 0

    My facebook solution is to enforce my right to be forgotten personally. Comments on friends' posts that are public are removed after 2 days. Comments on friends' posts that are private are removed after 7 days. Yes this screws with comment threads but there's no other way to enforce my right to be forgotten and something that appears innocent now coming back to haunt me in 20 years.

    1. Re:My facebook solution... by Anonymous Coward · · Score: 0

      Well... I guess you could use that other option. The one titled, "don't post to facebook". It sounds a lot easier and wouldn't "screw with comment threads" on a site of little to no value. In a broader sense, you could say "don't post to MyTwitFace+" - which covers all the US major social networks...

    2. Re:My facebook solution... by Zmobie · · Score: 1

      Har, har. Problem is, those comments, pictures, or anything you post on there, never actually are deleted. Facebook kind of removes them from public view (I say kind of, because due to glitches or just plain stupid ass over-sight on new features, or hell maybe it is on purpose), but they are still on their servers. Unless it is enforced at the company level (and eve then...) you will never have any right to be forgotten. This is probably my biggest reason for never signing up for facebook or myspace. Call me paranoid, but I like my privacy and the only way to enforce my will on my own data is to keep it from people and corporations like this.

    3. Re:My facebook solution... by Zontar+The+Mindless · · Score: 1

      IOW, you post nothing of value that merits preservation. And you enjoy fucking up your friends' discussions.

      Thanks for making these things clear to us.

      --
      Il n'y a pas de Planet B.
  16. My memories are my own by Anonymous Coward · · Score: 0

    You say, "Although the "right to be forgotten" raises some free speech issues, it doesn't seem like a bad idea in principle." but what if that's only because the authors of the "right to be forgotten" have invoked that right against you in regards to the negative aspects of their proposal?

    The idea that you have rights over information that you have already given away which could override my freedom of thought is horrifying in the extreme.

    1. Re:My memories are my own by Anonymous Coward · · Score: 0

      Um, this about having data removed from computer servers. No one is suggesting trying to forcibly remove thoughts from peoples' heads.

      If you can remember the stuff on your own, great! If you need to look it up on the internet? Well, it wasn't really in your brain if you have to go look it up online, now was it?

    2. Re:My memories are my own by Anonymous Coward · · Score: 0

      So you're going to tell me where my mind begins and ends? That's just as offensive!
      As a transhumanist I would be surprised if my mind spends the rest of its life only running on the brain that it was born with. Stealing my memories does not suddenly become ok if they're stored outside my head.

  17. When free speech of US citizens is directly affect by raymorris · · Score: 3, Insightful

    As proposed, Slashdot (a US company) could be forced to delete posts made by US citizens, if those posts mention someone in the EU. That's a legitimate concern. Had this law been in place before, Mussoluni's "right to be forgotten" would mean he could order Facebook to delete any posts critical of him.

  18. Stageplay to distract by Anonymous Coward · · Score: 0

    The EU will itself monitor all online communications in real time through INDECT. The rationale it has given for developing this capability is for automated detection of child pornography and organ trading. Yes, organ trading is such an issue in the EU that all online communications must be monitored at all times to detect it.

    The EU needs to die off. It is harmful to humanity due to particular decisions taken by the individuals involved with it. They had a choice but made the wrong one.

  19. Re:A clarifying example by Savage-Rabbit · · Score: 1

    Say, if Hitler were still alive, or the internet existed and these proposals were in effect at the time, what could he legitimately request under these proposals? It's a little hazy understanding what the implications of these proposals are; does the benefit of hindsight and a well-known example make it any clearer what rights are provided and what's feasible under these circumstances?

    Godwin...

    --
    Only to idiots, are orders laws.
    -- Henning von Tresckow
  20. Actually by Anonymous Coward · · Score: 0

    Actually, it seems like a stupid idea in principal.

  21. As an EU person by zennyboy · · Score: 5, Insightful

    I've seen more good rulings come out of EU than the US. With no in-depth information on a subject, I would more trust the EU with my person (/personal information) than the US (Government/US companies)...

  22. Politicians are always this and that by cusabiozdy · · Score: 1

    Politicians are always this and that http://www.cusabio.com/pro_11.html

  23. Re:A clarifying example by Nefarious+Wheel · · Score: 1

    You would then be encouraged to say whatever you wanted. The SS would then send for you...

    Nice Godwin, by the way.

    --
    Do not mock my vision of impractical footwear
  24. As an American by onyxruby · · Score: 4, Insightful

    I really wish we would adopt the European standards on privacy. This is one area where I freely admit the Euro's are doing things right and we are blatantly being ass backwards about things.

    /rant off

  25. Democracy by manu0601 · · Score: 3, Interesting

    Another practical example of how undemocratic the EU became: no need to lobby elected Members of European Parliament, just lobby the unelected European Commission. I got the feeling that a single US lobbyist weight more on UE politics than any number of EU citizens.

    1. Re:Democracy by Anonymous Coward · · Score: 1

      I don't think you understand how the EU works. The Commission will circulate an idea and will give the private sector and the national governments a number of years to submit feedback, it will then come up with a draft and then after a similar process with a proposal, which is voted on by the democractically elected EU parliament. In addition, national governments also negotiate the text of the directive. Once everyone is happy, the directive is sent to the national governments who the implement it.

      What the Commission has is known as a legislative initiative, not the right to impose laws.

    2. Re:Democracy by manu0601 · · Score: 1

      I don't think you understand how the EU works.

      I pretend I do

      What the Commission has is known as a legislative initiative, not the right to impose laws.

      And it also has the ability to strip amendments from EU parliament before giving the text to the EU council, we saw that for the now dead Computer Implemented Inventions Directive (CCID) for software patents

      But the monopoly of legislative initiative is also a powerful tool. Remember the Laval case? After the EU parliament removed the country of origin principle from the Directive on Services in the internal market, the EU court of justice ruled that since nothing was said in the directive, then the country of origin law could apply. MEP were outraged and asked the commission to submit a new text so that they could explicitely write that the country of origin principle was forbidded, but the commission refused

  26. Same here. I don't post on FB. My choice. by raymorris · · Score: 1

    post publicly, I fully expect the public can see it. If I don't want it seen, I don't post it.

  27. Re:A clarifying example by Krishnoid · · Score: 1

    Sorry, to clarify -- assuming he was no longer in power.

  28. As a European by UpnAtom · · Score: 1

    I'm so glad the EU is doing something right and we're standing up to unhealthy US corporate practices.

    The right to be forgotten is a brilliant idea. I know, I had it myself.

    Who gains? The people.
    Who loses? Companies whose business model is to whore our data.

    Obviously, this right could only be invoked if the invoker was not in debt to the data-holding company. Likewise, the data-holding company can not be held responsible for consequences of missing data.

    There are also some subtleties. Should eg FB be obliged to remove all content Shared from a 'forgotten' user? Should Google be obliged to delete any data associated with an IP you used at a certain time?

    Regardless, this is a brilliant idea and the free world should be pushing hard for it if they want to remain free.

    1. Re:As a European by onyxruby · · Score: 2

      The right to be forgotten sounds appealing, it really does. When I first heard about it it sounded like something I liked. However the more I thought about it the more I thought about the **AA's playing whackamole and the logistical nightmares of actually trying to implement such a thing. The next problem is how do you separate it from censorship? It's also next to impossible to cleanly state when and where it should be granted.

      Can you demand the right to be forgotten by corporate databases? Facebook sounds easy enough, but what about credit agencies, employers and news agencies? In practice I think it would be next to impossible to implement, as the **AA's have found out time and again - the Internet never forgets.

      You also have cases of legitimate needs. I had a bad renter that stayed with me last year. Should he be able to demand the right to be forgotten so that he can get out of a bad referral? How about employers that have bad employees? I worked with a guy that was fired for hosting kiddie porn from a server at work. This guy still tries to get work in the field, should he be able to demand the right to be forgotten by his employer of 20 some years so that he can put down his experience without anyone being able to conduct a background check?

      What about news agencies that reported on people that were in the news? Richard Jewell was wrongly described as the bomber for Atlantic City Olympic bombing by many news agencies who did a half ass job of news coverage. Does he have a legitimate right to be forgotten? His life was ruined without cause (he was innocent) and surely he would have cause to be forgotten if anyone would. Or does the fact that he was internationally famous as the person to discover a bomb at the Olympics and then be wrongly blamed for it's placement trump his personal case?

      What about the arguments against censorship of people. Hypothetical Bob has his account on Facebook and wants everything about him removed from Facebook. Susan remembers Bob before he went crazy and wants to keep his picture up from their wedding. Does Bob's desire to remove himself from Facebook trump Susan's right to remember her husband as he was before he took the crazy train out of town?

      What about government records, are those something that you can demand be forgotten? Many police agencies now host open records of who has been arrested and post this information on their website. If someone is arrested do they have a right to have that information forgotten?

      Even if you had a clear legal structure that could say when and where someone had the right to be forgotten, without crossing over into censorship, how on earth are you going to do it? I would lay the last dollar I had that you probably couldn't name 10% of the companies that had information on you if your in a typical first world country.

    2. Re:As a European by Anonymous Coward · · Score: 0

      The right to be forgotten is a retarded idea, and anyone who thinks it's a good one is a retard.

      1) The internet will never forget anything. This gets brought up all the time in other contexts, but suddenly when people are talking about "privacy", they conveniently forget.

      2) It infringes on the right to free speech. If I know a fact about you, I have the right to tell people that fact or to use it as I wish.

      3) It's completely unenforceable for anyone but the most law-abiding organizations, who would really be the only ones trustworthy enough to give the data to in the first place.

      If you don't want shit about you on the internet, don't put it there. If you don't trust online services with your private information, don't use them.

    3. Re:As a European by Zontar+The+Mindless · · Score: 1

      Susan remembers Bob before he went crazy and wants to keep his picture up from their wedding. Does Bob's desire to remove himself from Facebook trump Susan's right to remember her husband as he was before he took the crazy train out of town?

      Susan certainly has the right to retain a personal copy of such a photo, but if she insists on keeping it posted on FB, I'll insist on some counselling.

      (Survivor of a marriage that ended when my partner, as you so quaintly put it, "rode the crazy train out of town".)

      --
      Il n'y a pas de Planet B.
    4. Re:As a European by pjt33 · · Score: 1

      In the EU, people already have

      the right to obtain from the [data] controller:

      (a) [snip]

      (b) as appropriate the rectification, erasure or blocking of data the processing of which does not comply with the provisions of this Directive, in particular because of the incomplete or inaccurate nature of the data;

      (c) notification to third parties to whom the data have been disclosed of any rectification, erasure or blocking carried out in compliance with (b), unless this proves impossible or involves a disproportionate effort.

      (Data Protection Directive). So Jewell at the very least would have a right to insist that news agencies publish corrections (and I'm relieved to read that he won libel actions too).

      Some of your other examples don't make any sense to me, possibly because I'm missing some cultural background. Do you name and shame bad renters on a website? And with the employer background check - how is it going to help this ex-colleague if when another company does a background check along the lines of "What can you tell us about this guy who worked with you for 20 years?" the reply is "We have no record of that."?

    5. Re:As a European by onyxruby · · Score: 1

      Their are dedicated databases that are used for things like rental history and the like. In my case my renter was stealing from me, something that most people don't want to risk. I have a right to make sure that information is published in dedicated databases of bad renters.

      In the case of the ex-colleage my point is he should not be helped. He should have had the FBI called and he should be sitting in prison, however that is another discussion. The company chose not to do so because they feared the publicity would put them out of business.

      The point is that this guy still tries to work in the field and the original people that worked at the time may no longer work there. That's where you need a database to track things. That means there is a dependency to have data about the incident in a computer to make sure that any potential employer can be properly warned about the guy.

      The point being that sometimes there is data out there about people that don't want out there that should still be out there.

    6. Re:As a European by AmiMoJo · · Score: 1

      The next problem is how do you separate it from censorship?

      Since you can only use it to remove things you yourself uploaded it is at worse only self censorship.

      Can you demand the right to be forgotten by corporate databases? Facebook sounds easy enough, but what about credit agencies, employers and news agencies?

      It is quite simple actually. You created your Facebook profile, all the stuff on there was typed in by you and uploaded by you. You have the right to have it deleted.

      Credit agencies and employers gather data from a variety of sources and are legally required to keep it for a certain amount of time. Once the legal requirements are expired you can ask for this information to be removed. In the case of credit agencies once the legal time limit runs out the information has to be purged already, e.g. debts over six years old that are not being pursued.

      Should he be able to demand the right to be forgotten so that he can get out of a bad referral?

      To be clear he can't force you to forget. You could write a blog post about it and there would be nothing he could do.

      I worked with a guy that was fired for hosting kiddie porn from a server at work. This guy still tries to get work in the field, should he be able to demand the right to be forgotten by his employer of 20 some years so that he can put down his experience without anyone being able to conduct a background check?

      If he has a criminal record that is permanent, but otherwise he can't make his employer forget why he was fired anyway.

      Hypothetical Bob has his account on Facebook and wants everything about him removed from Facebook. Susan remembers Bob before he went crazy and wants to keep his picture up from their wedding. Does Bob's desire to remove himself from Facebook trump Susan's right to remember her husband as he was before he took the crazy train out of town?

      If Susan uploads the photo herself there is nothing Bob can do about it. Well, unless he claims ownership under copyright law perhaps... But the right to be forgotten will only get his own profile and uploads deleted, not any of her's.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    7. Re:As a European by onyxruby · · Score: 1

      Is it really this simple? I have dealt with one form of regulation (including some Euro regs) for many years now and I have never encountered something that simple. I don't know enough about how they are trying to do things, but having been there - done that with other regulations over the years I've learned bureaucracy is never simple.

      I'm not opposed to the concenpt of the 'right to forget', it's the logistical details that make me go, 'wait a moment'. If you have any good primers on the actual in's and out's and not on the propaganda I'd be curious to read up on it.

    8. Re:As a European by PartyBoy!911 · · Score: 1

      What about the arguments against censorship of people. Hypothetical Bob has his account on Facebook and wants everything about him removed from Facebook. Susan remembers Bob before he went crazy and wants to keep his picture up from their wedding. Does Bob's desire to remove himself from Facebook trump Susan's right to remember her husband as he was before he took the crazy train out of town?

      What's so crazy about removing yourself from facebook. YES his right to remove himself from Facebook trumps Susan's right to have their wedding picture on Facebook. If she want's to remember him, frame a picture and hang it on the friggin wall. I don't get why people should have the right to post Bob's picture on FB at all.

      Personally I threaten everybody with murder so they don't put any pictures of me on facebook.

  29. Europe is already a super power by Anonymous Coward · · Score: 0

    >... the US ... Europe is already a super power.

    Someone has an inferiority complex.

  30. Re:When free speech of US citizens is directly aff by Anonymous Coward · · Score: 0

    It would suffice to alter the name to "someone", no need to delete it (but probably simpler)

  31. Re:When free speech of US citizens is directly aff by similar_name · · Score: 3, Interesting

    How would Slashdot be forced? Why would a European law have jurisdiction in the U.S.? I suppose the EU could begin blocking sites that don't comply. Some sort of Great Firewall of Europe I suppose.

  32. Re:A clarifying example by Thiez · · Score: 3, Funny

    As I recall, when he was no longer in power he was also dead. I think this limits the possibility of requesting information to be deleted somewhat.

  33. Much better idea... by yuhong · · Score: 1

    is to end the illusion that people are perfect.

  34. Re:When free speech of US citizens is directly aff by KingMotley · · Score: 1

    Because slashdot is owned by Dice Holdings, and Dice Holdings does business in the EU? If they fail to comply they can be fined, assets seized, etc etc.?

  35. Re:A clarifying example by Sique · · Score: 2

    In this case, you have to balance the right of the public to know with the right of the person to stay private. Hitler would be considered a "person of public interest", and thus the right for the public to know would prevail. It's basicly the same with current journalism. You can't put an article in a journal about your neighbour with full name and address, and detailling every step he takes, free speech issues be damned. And EU data privacy laws just do the same for data. There are other rights that are present in the offline world for a long time (right to the own picture, covering for instance pictures others take of you), and the "right to be forgotten" is just an online version of the same rights.

    --
    .sig: Sique *sigh*
  36. Re:When free speech of US citizens is directly aff by Anonymous Coward · · Score: 0

    You're wrong. The company must be in the US.

    The US is currently the only country who believe that companies outside their territory fall into the jurisdiction of Texas courts.

  37. They are not asking facebook.com by aepervius · · Score: 2

    They are asking the facebook company. If the facebook company has a commercial presence in EU , then they better obey the law and court order. Again, as all in those discussion you have to separate the web site, to the company. The court order are going to the company where it has presence. It does not matter afterward if the web page is chaos.ru or texas.us, the company has to obey the court order because of its commercial rpesenc in EU. naturally if facebook is ready to abandon completely the EU market that's another story.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
  38. The USA does the same and you cheer. by Anonymous Coward · · Score: 0

    "On Friday, The Journal News caved under pressure of gun advocates and shut down the interactive maps which contained the names and addresses of licensed gun owners in upstate New York. The maps are still visible on the site, however they are simply static images. The Journal News published the interactive maps on December 23 which caused significant backlash. In a similar move, Gawker published the names of licensed gun owners in New York City without addresses. New York state Senator Greg Ball (Republican) called the removal of the data a 'huge win.' On Saturday, an anonymous user leaked the raw data used to build The Journal News maps."

    And how many on that thread were decrying the removal of this information so that the ownership of guns can be forgotten on the internet?

    None.

  39. The US regime should stay out of our affairs by Anonymous Coward · · Score: 0

    The US regime has enough problems at home, with its human rights abuses, economic collapse, currency collapse, and likely either debt default, or hyperinflation.
    Europe should stand up the this kind of Nazi bullying, by a regime that is in no position to preach to anyone else, given its own dismal record, on nearly every front, over the last century. I'm just glad I'm not an American.

  40. Re:When free speech of US citizens is directly aff by AmiMoJo · · Score: 5, Informative

    As proposed, Slashdot (a US company) could be forced to delete posts made by US citizens, if those posts mention someone in the EU.

    NO. That is absolutely NOT what the right to be forgotten is about.

    The right will give an individual to have THEIR data removed from sites. Data that they themselves uploaded, such as posts they made or photos they shared. If you see one of those photos and decide to write a blog post about it then your blog is perfectly safe and won't be covered by this right.

    The right to be forgotten is not about purging information about yourself from the internet, it is about having companies delete your data when asked to. That means if you delete your Facebook profile it really is deleted, and Facebook can't carry on displaying your photos to other people or displaying your name in search results or store information about you any more. If other people post on their wall mentioning your name there is nothing you can do about it, beyond the usual legal protections against libel etc.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  41. Must be on to something... by Anonymous Coward · · Score: 0

    To be getting all this attention, they really must be onto something. I say keep going and see what happens...

  42. your title is lacking by Anonymous Coward · · Score: 0

    do not quit your day job to be a writer

    many negatives do not add up to "interesting" prose. I had to read your text to read what the title means.

    too bad they give everyone access to this kind of stuff these days. sheesh..

  43. Re:When free speech of US citizens is directly aff by miltonw · · Score: 0

    It would be better if you actually read the proposals. There are three categories for the proposed "right to be forgotten" edict. The first category is as you mention, but it is only the first category. Roughly speaking, category 2 is copies of the data you uploaded (i.e. friends copy your photos or posts) and category 3 is any data about you.

    And the "right to be forgotten" is supposed to cover all three. Read "Nineteen Eighty Four" for an idea of how that will work. Winston Smith works in the Ministry of Information going through all the old newspaper archives "updating" them with the "new history". Any company on the Internet will have to do that: "updating history" to remove valid, true facts that someone has requested be removed about themselves.

    Imagine a financial company hiring people with long histories of embezzlement, fraud, blackmail, etc. simply because that information has been removed.

    Imagine a woman marrying a man with a long, long history of wife beating, adultery, etc. because those FACTS have been "forgotten".

    Where is the rest of the world's right to know simple facts about others they need to trust?

  44. Re:When free speech of US citizens is directly aff by Anonymous Coward · · Score: 0

    When someone searched for my name the first result would be a comment I made when I was 16 years old on a product on a popular shopping site.

    The comment I made then was technically inaccurate, but I didn't know that back then. It wasn't possible to remove it so I had to contact the site and ask them to remove it for me, which they did.

    I live in the EU and I want "the right to be forgotten" to remain because of what happened to me.

    To me it sounds like you don't think people can change.

  45. People forget the US used to have such a right by WillAffleckUW · · Score: 1

    There used to be a "right" to be forgotten in the US.

    People used to move a couple states away to reset the clock.

    But, sadly, we sold out to the former Reichsmarshals of the world.

    --
    -- Tigger warning: This post may contain tiggers! --
  46. Re:When free speech of US citizens is directly aff by AmiMoJo · · Score: 1

    You should read the proposals, because apparently you only skimmed them. Yes, category 3 does include data about you, but only data collected by companies for commercial purposes. To be absolutely clear a newspaper article about your criminal behaviour would not be subject to removal. Blog posts about you would not be subject to removal. Only data collected for purposes like creating an online profile or establishing a business relationship.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  47. Re:When free speech of US citizens is directly aff by AmiMoJo · · Score: 1

    It will work similarly to DMCA take-down requests. Only affects companies with interests in the EU, failure to comply will open them up to being sued and hit with fines.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC