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Thousands of Europeans Petition For Their 'Right To Be Forgotten'

The EU's new rule (the result of a court case published May 13) requiring that online businesses remove on request information that is "inadequate, irrelevant or no longer relevant" has struck a chord with more than 12,000 individuals, a number that's rising fast. Other search engines, ISPs, and firms are sure to follow, but the most prominent reaction to the decision thus far, and one that will probably influence all the ones to come, is Google's implementation of an online form that users can submit to request that information related to them be deleted. The Daily Mail reports that the EU ruling "has already been criticised after early indications that around 12 per cent of applications were related to paedophilia. A further 30 per cent concern fraud and 20 per cent were about people's arrests or convictions"; we mentioned earlier this month one pedophile's request for anonymity. As the First Post story linked above puts it, the requirement that sites scrub their data on request puts nternet companies in the position of having to interpret the court’s broad criteria for information meeting the mandate's definition of "forgettable," "as well as developing criteria for distinguishing public figures from private individuals." Do you favor opt-out permissions for reporting facts linked to individuals? What data or opinions about themselves should people not be able to suppress? (Note: Google's form has this disclaimer: "We're working to finalize our implementation of removal requests under European data protection law as soon as possible. In the meantime, please fill out the form below and we will notify you when we start processing your request." That finalization may take some time, since there are 28 data-protection agencies across the EU to harmonize.)

224 comments

  1. All I'll say... by jaeztheangel · · Score: 2

    Is privacy requires work.

    1. Re:All I'll say... by ShanghaiBill · · Score: 2

      But "privacy" should not mean that the right to hide your past should take priority over the right of others to speak the truth.

    2. Re:All I'll say... by bondsbw · · Score: 4, Interesting

      And not everyone agrees on the definition of privacy, what qualifies as "inadequate, irrelevant, or no longer relevant", or what to do with misleading information.

      A friend was recently arrested for sexual acts on a child at a daycare. Neither the newspaper nor the police department cared that there were witnesses that say it couldn't have happened. They didn't care that it took years for it to come up from a child who almost certainly was too young to even remember what happened that many years ago. They didn't care that the father had some longstanding beef with the daycare he worked at. Nope, they just wanted to plaster my friend's name and face across the internet and newspapers. The result? Death threats, loss of job, losing his and his parents' savings for bail... yeah, basically turning the life around of one of the (morally) best people I've ever known, without justification and without apology.

      I'm not sure this will ever truly have a solution.

      --
      All my liberal friends think I'm a conservative, all my conservative friends think I'm a liberal.
    3. Re:All I'll say... by jbolden · · Score: 1

      Under civil systems, inquisitorial systems, making any kind of false claim to the police results in a criminal trial where the claimant can get huge penalties. We don't have that in our common law / adversarial system but we could introduce it if people wanted. If you think it is a good idea push for it.

    4. Re:All I'll say... by K.+S.+Kyosuke · · Score: 0

      So, when people in the US publish lists of credit card numbers or social security numbers (or whatever is the newest hobby on the US interwebz), it's all fine and dandy because it's speaking the truth?

      --
      Ezekiel 23:20
    5. Re:All I'll say... by kthreadd · · Score: 1

      It's no all fine, but what do you think you can do about it? The information won't just magically dissapear.

    6. Re:All I'll say... by Anonymous+Brave+Guy · · Score: 3, Insightful

      That's all very well, but you're talking about someone whose life is being destroyed right now. Starting a slow process so no-one else will suffer a similar fate in a decade or two is great, but woefully inadequate for the problem at hand (to which some degree of solution should already be available in most western democracies, via some version of wrongful arrest law and some version of defamation law, both of which should be designed for exactly these kinds of circumstances).

      Perhaps the single most important argument for why defamation laws should exist at all is that once someone's reputation has been tainted, often no apology or correction can ever truly undo all the damage. This is also, IMHO, a strong argument for not allowing anyone to be named as a suspect or defendant in a criminal case prior to at least having them charged with something, or preferably having them properly convicted by a competent court.

      If the situation with the GP's friend really was as described, then neither the police nor the media were behaving in a neutral, acceptable way, and both should be dealt with accordingly. And then the individual's public record should quite rightly be cleansed and the unproven allegations "forgotten", which is the whole point of the European legal position we're talking about.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    7. Re:All I'll say... by Entrope · · Score: 2, Insightful

      There should be a balancing test between the public interest in a (true) fact and the privacy interests involved in its disclosure. There is negative public interest in having lists of credit card or Social Security numbers being published like that: the only real purpose is for fraud. On the contrary, there is clear and strong public interest in having someone's past run-ins with the law being available -- so that others can make an informed evaluation whether they want to deal with the person in question. Europe seems to think that its citizenry is too stupid to make that kind of decision, and thus does not consider that there is public interest in making those facts available.

    8. Re:All I'll say... by s.petry · · Score: 1

      Look, I'm as anti-pedophile as anyone you will ever find. That said, we have to use common sense methods for tracking them and managing them because rehabilitation does not work very often with that type of person. An Internet search company is not the police, they can't do anything to protect society from a pedophile (or any other type of criminal). You can't hold an Internet search company responsible for data that is flat out wrong. According to TFA 88% of the people requesting data be removed are NOT pedophiles and those are not all of the people with bad data at Google, but the people that care enough to request data be cleared.

      I can't say how things are done in Europe, but we have the sex offender registry in the US which does hold legal information and is managed by law enforcement. It still does not fix issues like you address, but means that at least in the US we should not be relying on internet searches to see who is criminal. If the person requests removal from Google and the data is still on the sex offenders list, the result would not be clear for long because the original content won't change.

      Apologies for ranting a bit, it was not against you. I get frustrated at obvious (perhaps not so obvious to some) appeals to emotion such as TFA used as an attempt to do the wrong thing. Issues like you present are not fixed by a search removal request, because as stated above the original content remains. A real problem is that people are using search engines to determine whether or not someone is a criminal (amongst other things). Instead of telling people that is a horrible idea, we see appeals to emotion to continue the behavior at the expense of innocent people.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    9. Re:All I'll say... by Anonymous+Brave+Guy · · Score: 5, Insightful

      And would that be the truth, the whole truth, and nothing but the truth?

      Because "Three years ago, Fred was charged with child sex offences" might be a true statement, but it's a very different statement to "Three years ago, Fred was charged with child sex offences, but was unanimously found not guilty by a jury after the person pressing the charges turned out to be his ex-wife's best friend, who was subsequently convicted of perjury and attempting to pervert the course of justice after evidence emerged that she had paid all three of the prosecution's other witnesses to make co-ordinated false accusations against Fred."

      I'm not sure anyone deserves to have long-past transgressions haunt them forever, even if they are reported factually. There are enough unwarranted prejudices in society, without someone struggling to get a job at 40 because the Internet never forgets that they were once cautioned for stealing a chocolate bar at the age of 14.

      Either way, merely "This is the truth, so I may speak it without taking any responsibility for the consequences" has always been a horribly dangerous principle to support. Context is everything when it comes to reputations, and never more so than in the Internet age where reputations can last forever and reach all around the world.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    10. Re:All I'll say... by ShanghaiBill · · Score: 0

      So, when people in the US publish lists of credit card numbers or social security numbers ...

      If the numbers are already published on some crook's website, then publicizing that is a good thing. Google is just pointing to information that is already available.

      it's all fine and dandy because it's speaking the truth?

      Protecting people's rights sometimes requires uncomfortable tradeoffs, neither of which is "fine and dandy". I think there are some reasonable limitations on free speech, such as naming the victim of pedophilia, rather than the perpetrator. But people should not be able to just erase their past on demand.

    11. Re:All I'll say... by TheGratefulNet · · Score: 4, Interesting

      europe is not 'stupid'. its US that are stupid.

      they lead us, head and shoulders, in privacy. only a fool would criticize privacy.

      the internet does not trump the thousands of years of social morals and standards.

      "just because you can, does not mean you SHOULD"

      too much info is already there online. I'm all in favor of reeling a lot of it back, when it comes to ruining an innocent person's life. yes, we SHOULD think about mutual respect and not just say 'once its out there, its out there'. that's a cop-out and many people in the world are tired of that childish attitude.

      I applaud europe for thinking about how society should work, not just letting the googles of the world dictate the 'new normal' to us.

      --

      --
      "It is now safe to switch off your computer."
    12. Re:All I'll say... by hey! · · Score: 1

      Is privacy requires work.

      But you should say more: "Violating privacy requires work too. The difference is nobody is making money from privacy."

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    13. Re:All I'll say... by fey000 · · Score: 1

      So, when people in the US publish lists of credit card numbers or social security numbers (or whatever is the newest hobby on the US interwebz), it's all fine and dandy because it's speaking the truth?

      This situation does not fall under the new legislation domain. There is already a multitude of laws dealing with this exact problem.

    14. Re:All I'll say... by Anonymous Coward · · Score: 0

      On the contrary, there is clear and strong public interest in having someone's past run-ins with the law being available -- so that others can make an informed evaluation whether they want to deal with the person in question.

      Court records, both criminal and civil, won't be revoked or unpublished. If a person has a questionable history the public can still learn about it as is currently possible. However, your search history for marijuana or "Hitchhiker's Guide to the Galaxy" is immaterial and irrelevant to society and therefore should be forgotten after the transaction.

    15. Re:All I'll say... by kthreadd · · Score: 2

      But it is out there. Sorry but you can't remove it no matter how many laws you have that says you can. You ruined the right to freely exchange information for what?

    16. Re:All I'll say... by Anonymous Coward · · Score: 0

      It almost seems you have a delusional faith in the justice system. First you have to prove your innocent, and pray that the shit for brain judges, A. Care, B. Can deduce fact from BS, and of course they rarely do this. So if you can manage to get an appeal the same thing will happen, a judge will yet again determine whether or not they actually give a shit you may be innocent. And that goes for these shit stain 'public defenders'! And if this statement is full of anger........, well it is.

      By the way, it will cost you about $1,000 plus bucks to retain a -real- lawyer and another $200-$500 an hour. For them to go thru all of the above.

      The system is shit to begin with!

      Now the BBC ran a story on NPR Radio "BBC World News" in which Google said the created a think tank and they will ultimately decide on who should and who shouldn't be excluded from search results. Google is also suppose to be meeting with the EU courts to fine tune the law. Sex offenders, Politicians,Business people (fraud, scams, ect..) and certain types of criminals (murders, of adults or children, physical abuse of an adult/child ect.) would be on the list of those that will not get removed.

      Going back to your point, you have to stop it before it ever gets out there. And with the Media/Press reporting incidents whether these people are convicted or not, this stuff is still going to exist in media archives and will on the internet. These internet companies/businesses will start hiding behind some Freedom of Press laws to prevent the deletion.

      Which is what I am expecting Google to do, actually they will just buy off the EU courts...

    17. Re:All I'll say... by K.+S.+Kyosuke · · Score: 1

      On the contrary, there is clear and strong public interest in having someone's past run-ins with the law being available -- so that others can make an informed evaluation whether they want to deal with the person in question.

      You are contradicting yourself. How can you make an informed decision on that based on outdated information?

      Europe seems to think that its citizenry is too stupid to make that kind of decision, and thus does not consider that there is public interest in making those facts available.

      No, Europe is simply familiar with the notion of lashon hara.

      --
      Ezekiel 23:20
    18. Re:All I'll say... by MightyMartian · · Score: 1

      You do understand the law is largely unenforceable, right? Sure Google and Microsoft might comply, but the information is still there and someone else can create searchable lists.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    19. Re:All I'll say... by mrbester · · Score: 5, Informative

      We've got this thing in UK called Rehabilitation of Offenders Act 1974. This plainly states that when a conviction is deemed "spent" (depends on offence for the timescale, some offences never expire of course) then that it deemed to have never happened in the first place. This can even include being sent to prison. Any use of that information is prohibited and there is no upper limit for a fine that can be imposed for doing so. Plus, use of that information will get you sued for libel, which you will lose and lose badly.

      --
      "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
    20. Re:All I'll say... by Anonymous Coward · · Score: 0

      "I think there are some reasonable limitations on free speech, such as naming the victim of pedophilia, rather than the perpetrator."

      Fuck off, your desire to make this distinction is sickening.

      By definition a victim of paedophilia is protected not because they a victim of pedo crimes, but because they are a minor. I definitely support the protection of the privacy of minors, as do many others, and this is why there are already many laws world-wide that protect the identity of children.

      As for the paedophile, him or her will have committed their crime and been punished for it. Once they have done their time in goal (or otherwise, as deemed appropriate by a court of law) then they deserve the same rights as everyone else.

      I'm assuming you're from the US? You guys over there really like to punish your criminals! How's that working out for you?

    21. Re:All I'll say... by Anonymous Coward · · Score: 1

      Most people are not sufficiently keen-minded to recognize that a statement like "was charged with this offence..." says nothing about whether or not he was found innocent. What you pointed out in your example represents precisely the sort of critical-thinking that everyone should practice, and that very few people do practice.

      So the problem really isn't the knowledge of the past, but the way people make bad judgements based on sloppy thinking in response to incomplete knowledge of the past.

      In order to protect ourselves against this sloppy thinking, we want to take away the data that fuels it. But the data is not the problem (so long as it is true), and deleting it can cause other problems (in circumstances where it would be relevant). In an ideal world, we would instead address the root cause: the lack of widespread critical thinking skills.

      I concede, however, that we don't live in an ideal world, and that we can't force people to sharpen their minds, and as such taking away data that might cause them to misthink may be our only recourse (bad consequences and all).

    22. Re:All I'll say... by rolfwind · · Score: 2

      That's why we have libel and slander laws.

      I also think police and prosecutors should be held to libel and slander. When they raid a house and find a kitchen scale, they should not use biased terms such as "drug paraphernalia" that poisons the jury pool and reputation of the person they are investigating, in fact they and the prosecutor should not speak until trial and let it go there where the other side has an equal voice.

      Also, the sex laws in place are ridiculous and need to be laxed.

      But I don't recognize the right to be forgotten. I just don't. Too many pitfalls. It's not a right, just a wish.

    23. Re:All I'll say... by Anonymous Coward · · Score: 0

      if a government grants it to you, it is not a right.
      if it requires others to do or not do something, it is not a right.

      if I draw a picture of you, you don't have a right to demand I destroy it. info about you isn't yours.

    24. Re:All I'll say... by AthanasiusKircher · · Score: 4, Insightful

      On the contrary, there is clear and strong public interest in having someone's past run-ins with the law being available -- so that others can make an informed evaluation whether they want to deal with the person in question.

      Please define "run-in with the law."

      Here's the problem with your statement: loads of people are arrested every single day for stupid reasons and often without any real evidence of wrong-doing. Only some percentage of them are ultimately charged with a crime. And only an even smaller percentage are ever convincted.

      Supposedly, in the United States, there is a right against "double jeopardy" or being tried again for the same crime once exonerated. A legal corollary to that is that you can't be punished more than once for the same offense. That right exists precisely to prevent malicious prosecution that could keep coming back and harassing someone or even ruining their character through repeated abuse of the legal system... even without sufficient evidence for conviction. It is designed to require the State to present its case, have a speedy trial, and then let the person alone again if it can't prove wrong-doing, so they can get on with their lives. And yet what you're advocating is effectively a private version of this sort of harassment: regardless of the legal outcome, we should be suspicious of those who have had "run-ins with the law."

      We have media reports every day of people who are arrested and people who go to trial. Those initial bursts of media activity are usually the strongest. Unless it's a particularly gruesome or unusual trial, usually the media attention tapers off... and often we NEVER even hear about when the charges are dropped or the trial is stopped or the person is acquitted. If it does appear, it might be buried in a small short paragraph story, instead of the big headline that followed the arrest.

      Media coverage thus gives an inaccurate and often even completely false portrayal of people who have had "run-ins with the law." In years past, the media coverage would have been lost except in some archive, requiring someone to dig through old stacks of papers or microfilm. Nowadays, it is often available instantly with the typing of a few characters on a computer.

      There's a reason why we require people to swear an oath to tell "the whole truth" and not just "the truth." Even facts -- like person X was arrested or person Y went on trial -- can often be incredibly misleading without context of what happened later. So, even if you want to advocate that we should continue to be suspicious and punish those who have been CONVICTED of serious crimes after they have served their time (itself a questionable idea), there still is a legitimate interest in protecting the rights of those who were NOT convicted (or perhaps never even tried or even charged, for lack of evidence).

      "Run-ins with the law" are not themselves a crime, and people should not be punished or have their reputation ruined for them.

    25. Re:All I'll say... by duke_cheetah2003 · · Score: 1

      It's pretty basic knowledge, at least to me, that if you want to ruin someone, just fabricate some pedo evidence regarding them. Law enforcement just jumps on that stuff at even the slightest suggestion someone might be up to it. Just being accused is enough to ruin most people's lives.

      For the computer savvy, this is even easier to do if you can gain access to your target's computer(s). And I would suspect it's really hard to prove your innocence if accused. And in my opinion, this is one of those crimes, if accused, you are presumed guilty and must prove your innocence, not the other way around.

      I really can't think of any other crime where simply possessing a photograph could result in years of prison and complete destruction of someone's livelihood. Pedo is definitely a really disgusting crime, but does the witch hunt need to be so intense against it that it facilitates using this crime against the innocent?

    26. Re:All I'll say... by tlambert · · Score: 1

      It's no all fine, but what do you think you can do about it? The information won't just magically dissapear.

      It's very hard for many people to distinguish between "It's magic because I'm ignorant and don't understand the technology behind it" and "It's magic, because it's not possible to do with known technology". If you give them the first one, but don't give them the second one, they want to know why you are withholding the magic they are rightfully entitled to have in the second case.

      The people who fail to understand these things are also frequently the people who don't understand that a GPS equipped device is equipped so *it* knows where it's at, and if it doesn't communicate the information to anyone, the you don't magically know where the device is just because it has a GPS. Just because you know where you are doesn't mean you can tell anyone.

    27. Re:All I'll say... by Anonymous Coward · · Score: 0

      ..However, your search history for marijuana or "Hitchhiker's Guide to the Galaxy" is immaterial and irrelevant to society and therefore should be forgotten after the transaction.

      Really?, I know some folks at the NSA, GCHQ, Mossad, FSB (and many other fine bodies of anal-retentive snoopers round our fair globe) who might take a somewhat differing view to yours on that one..

      I bet you the Mabahith love the fact that they get to know who do things like search for whisky, a somewhat innocuous search term in the West, but sign of a potentially dangerous radical in the Police State known as Saudi..I'd say they'd regard it as very relevant and material to their warped vision of a society.

      As for dangerous Douglas Adams..."..the wrong lizard might get in." , 'nuff said.

    28. Re:All I'll say... by nogginthenog · · Score: 1

      Unless you want to travel to the USA. Spent convictions do not count and you will not qualify for the visa waiver program.

    29. Re:All I'll say... by K.+S.+Kyosuke · · Score: 1

      The victims of pedophilia are called pedophiles, just like victims of diabetes are called diabetics. Perhaps you meant "victims of child abuse"?

      --
      Ezekiel 23:20
    30. Re:All I'll say... by tlambert · · Score: 1

      On the contrary, there is clear and strong public interest in having someone's past run-ins with the law being available -- so that others can make an informed evaluation whether they want to deal with the person in question.

      You are contradicting yourself. How can you make an informed decision on that based on outdated information?

      By giving them the opportunity to disclose any information about current criminal activities not previously recorded, in order to allow us to make a better decision? After all, it's their fault that the information is outdated, given their non-disclosure, and they're perfectly capable of correcting it for us, since they are the person in question.

    31. Re:All I'll say... by Anonymous+Brave+Guy · · Score: 1

      The trouble with libel and slander laws is that they are overwhelmingly used by those who are high profile public figures, where the potential damages they will win and the media coverage that will probably result might actually justify the insane costs of bringing a formal legal action under those laws.

      For the other 99.99% of the population, the reality is that even if someone says something blatantly untrue that severely damages the victim's career, it still may not be worth bringing a case in a lot of jurisdictions. The process is simply too heavy to function effectively when scaled down to normal people with normal lives and normal jobs.

      I do agree with you about the need to limit the use of obviously inflammatory and biased language by professional prosecutors and police officers in court, though it doesn't help when we have crazy loose wording in the laws themselves. For example, if mere possession of any item that might be useful in preparing for an act of terrorism constitutes an offence, all you need is a library card or a city map or a phone or a car.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    32. Re:All I'll say... by Entrope · · Score: 1, Interesting

      "Just because you *can* [make an ill-informed comment full of hackneyed phrases], does not mean you *should*."

      For example, only a cretin would think that "privacy" means just one thing, and that an argument about one kind of privacy necessarily applies to other kinds of privacy. As a case in point, European data retention laws (pursuant to an EU directive) mean the governments there can snoop on citizens practically as much as they like. The governments regulate what companies can keep and share, but that's not the most important kind of privacy. Mostly Europe thinks society should work according to its government elites, and they want to keep a monopoly on knowledge and political power. People in the US disagree that the government should have a monopoly in those things.

    33. Re:All I'll say... by Entrope · · Score: 1

      Who are you to decide when information is outdated? If someone served ten years in prison for embezzlement, and got out ten years ago, that might not be relevant if they are trying to get a job as a software developer -- but if they're working on bank software, that might well become relevant, and if they want to work as a banker, you can be quite sure it is still relevant.

      The US recognizes a tort called "false light invasion of privacy" that is very similar to lashon hara. However, it is frivolous to suggest that Google's search engine constitutes either offense.

    34. Re:All I'll say... by marsu_k · · Score: 4, Insightful

      I'm European and do think that privacy is very valuable. I also think the decision was utterly retarded, ripe for abuse and obviously made by people who have no idea about technology.

      So, what is Google supposed to erase from the web? An example is here - in Finnish, I'm sorry, but I'll try to paraphrase a bit (you can run it through the translation service of your choice, if you wish). A person approached Helsingin Sanomat, a major Finnish newspaper, offering to be interviewed about why he wants his info removed from the web. He had committed some felonies a decade ago. He felt that he had already served his punishment (given how lenient our sentencing is, he most certainly has) and wanted a fresh start.

      But the reporters dug a bit deeper into his life - turns out that there are ongoing court cases against him for both attempted fraud and fraud. After this was pointed out to him, he refused to be interviewed or his name associated with the article.

      In this case, it was the reporters who found out about this. But they had only a single person to process. Should Google themselves figure out individually which claims have merit? Or should Google just automatically censor everything on request (let's face it, that's what this really is)? And most importantly, Google does not host the content. If there is an issue with the content, shouldn't one contact the content provider?

    35. Re:All I'll say... by AthanasiusKircher · · Score: 1

      When they raid a house and find a kitchen scale, they should not use biased terms such as "drug paraphernalia" that poisons the jury pool and reputation of the person they are investigating,

      I agree. Unfortunately, though, depending on your local jurisdiction, some common tools (like anything that looks like lab glassware) may automatically be defined as "drug precursors" or "paraphenalia." Texas has a particularly notorious set of regulations about this, which requires you to get a permit to own things like a basic boiling flask or Erlenmeyer. They even include things like a "filter funnel" or "separatory funnel" on the list -- I wonder if a gravy separator counts....

      So -- sometimes truth is stranger than fiction, and sometimes your kitchen equipment is LEGALLY defined as "chemical laboratory apparatus" which automatically is a "precursor" to drugs.

      (As someone who finds things like the shape, durability, aesthetics, and pouring lips of certain types of lab glassware to be useful in the kitchen for normal food preparation, serving, or storage tasks, I find such laws rather offensive. Well... even if I didn't cook with lab glassware, I'd still find it insane.)

    36. Re:All I'll say... by Entrope · · Score: 1

      I agree that the US justice system is too quick to arrest and prosecute people, and that many things are wrongly defined as crimes. If you want to fix that, then fix it -- don't try to make it worse by inventing more legal offenses that relate to pretending that something never happened. A search engine neither builds up nor ruins anyone's reputation.

    37. Re:All I'll say... by Entrope · · Score: 1

      We've got this thing in the rest of the world called George Orwell's 1984. This plainly discusses what happens when government gets broad powers to define which beliefs and statements are acceptable and which are punishable by law.

      Some US states have similarly worded laws, but our court system (wisely) recognizes that the "deemed to have never happened" idea is limited to how that state's government (and localities within that state) may treat the person, and that these laws cannot prevent other private parties from making accurate statements about the past.

    38. Re:All I'll say... by tlambert · · Score: 1

      Supposedly, in the United States, there is a right against "double jeopardy" or being tried again for the same crime once exonerated. A legal corollary to that is that you can't be punished more than once for the same offense. That right exists precisely to prevent malicious prosecution that could keep coming back and harassing someone or even ruining their character through repeated abuse of the legal system... even without sufficient evidence for conviction. It is designed to require the State to present its case, have a speedy trial, and then let the person alone again if it can't prove wrong-doing, so they can get on with their lives.

      Someone should inform Carmen M. Ortiz and Stephen P. Heymann about this. And, you know, brong Aaron Swartz back to life, by way of apology.

      As a practical matter, the common practice of overzealous overcharging of defendants in order to force them into a plea bargain on some subset of the charges is a straight extension and outgrowth of the civil rights reforms of the 1940's, 1950's, and 1960's.

      The issue came down to their being no federal statute against murder, and several states unwillingness to convict participants in a number of lynchings. The first successful use of these "double jeopardy" trials was in 1946, when Florida Constable Tom Crews was convicted for the lynching of a black farmhand: by killing him, Crews had violated the mans civil rights, as, what with being dead and all, he could no longer go to the church of his choice, he could no longer eat at the restaurant of his choice, and so on.

      It was a rather weak pretext for the double jeopardy trial of someone for the same crime, albeit using different charges in order to do it, but it was in fact successful, and it became the model for future similar trials, where the federal government "leaned on" the states in order to make it highly inconvenient for them to not enforce their own laws.

      Unfortunately, it also became the model for so-called "shotgun prosecutions" or, alternately, "spaghetti prosecutions", where you fired the shotgun at the target, hoping one or more pellets would hit, or, alternately, threw a bunch of spaghetti at the target, hoping that something you threw would stick.

      While this may be in violation of the spirit of the so-called "double jeopardy" clause of the Fifth Amendment (do people actually still believe in that?), it is, nonetheless, common practice.

      It's also common practice in Europe, and in other countries, to work around not being able to prove your case against someone.

      And to throw a little more fuel on the fire in the other direction: Another example where this was used in a manner which many people believe constitutes justice, was the prosecution under 18 U.S.C. 242 for the police offers in the Rodney King beating, after they were acquitted in a California court of charges of assault with a deadly weapon and use of excessive force.

      In case you care, the specific U.S. Supreme Court decision on which all of this doubly jeopardy depends is the 1932 Blockburger v. United States decision, so that part of the Fifth Amendment has been pretty dead for a while, if you can meet "the Blockburger test". See also: http://en.wikipedia.org/wiki/B...

      I suspect Google will handle all this the same way that advertising of certain items prohibited in Germany is handled by eBay: make the results disappear in Germany, but if you point your proxy outside Germany, expect them to come right back. Basically a "no-see-um" approach to the problem of local jurisdictions. This would be in line with some of the search result filtering they were willing (and then not willing, under freedom of speech grounds) to do for China.

      It's kind of another attempt at "the thin end of the wedge" by Europe, and I expect you could argue against it, particularly in the cases of sexual predators, on the basis of the International Convention on the Elimination of Discrimination Against Women, the United Nations Convention on the Rights of the Child, and the United Nations Convention Against Torture (among others).

    39. Re:All I'll say... by Noah+Haders · · Score: 2

      What if you file a request for google to remove a link from a search result and they do that, but the info is still out there and they re index it later? Are they supposed to be eternally vigilant for filtering your pedo info?

    40. Re:All I'll say... by Noah+Haders · · Score: 1

      Could I petition slashdot to delete a past comment? Can anybody petition anybody, or is this law just for google?

    41. Re:All I'll say... by jonbryce · · Score: 1

      In the UK, the Rehabilitation of Offenders Act means that past offences get wiped from your record after a certain period of time depending on the nature of the offence. In some cases, it is never wiped from your record.

    42. Re:All I'll say... by NicBenjamin · · Score: 1

      That sounds great in theory. It gets really difficult to enforce at an individual level. Particularly if you're trying to do so algorithmically.

      Yeah google clearly has to try to stop people from finding out this guy's House was foreclosed on, and he had a tax debt, but how do they block just pages about this specific Mario Costeja GonzÃlez? I'm not saying it's impossible for them to do, or unreasonable for people to expect them to do it, it's just really hard to see how they pull it off.

      Moreover it's gonna be even trickier if famous people start demanding google censor any results including their crimes. OJ Simpson, for example, was found innocent of murdering his wife. All stories on his armed robbery mention that innocence. Does that mean he has a right to block all pages mentioning either crime in Europe?

    43. Re:All I'll say... by Eevee · · Score: 1

      So you saying this is a case where Google should hide the results, right?

      In a perfect world, those passing judgement would only pay attention to the facts brought into court for this particular case. But, due to the ease of searching on the web, jurors are much more likely to look and find information about his past behavior, thus tainting their judgement. So it is people with current legal troubles that are most in need of this kind of protection.

    44. Re:All I'll say... by AthanasiusKircher · · Score: 3, Interesting

      I agree that the US justice system is too quick to arrest and prosecute people, and that many things are wrongly defined as crimes. If you want to fix that, then fix it

      Yes, I agree it would be great to "fix it." But even if we stop a significant percentage of bad arrests and prosecutions, police are never going to be 100% sure when they have to arrest someone in a situation where there's a apparently significant safety threat. And prosecutors are never going to be 100% certain they'll get a guilty plea. Even if we don't arrest people for stupid laws, we'll still have errors and abuses of power.

      So, even if we do the reform you suggest, we just reduce the frequency of the problem, but still have people whose names and reputations are ruined unnecessarily. You're never going to get a perfect system.

      And as long as you have a free press, you'll have sensationalist journalism that's going to unfairly present those who have been arrested or accused. As far as I can tell, we have a few options:

      (1) Attempt something like this "right to be forgotten" (which, by the way, I don't really think will work well)
      (2) Have secret police and court proceedings (not good for anyone -- will lead to more abuse rather than less)
      (3) Severely restrict freedom of the press and publishing information about people arrested or accused (not good for general freedom, also likely to lead to abuse)
      (4) Force news media to run equivalent levels of coverage refuting their accusations when charges are dropped or someone is acquitted (never gonna happen, and nobody will pay attention anyway)
      (5) Actively begin investigating and prosecuting people who are suspected of discriminating against those who have had a "run in with the law" but were never convicted or charged (again, unlikely to happen)

      I'm open to other ideas. These all sound pretty impossible to me, and some sound stupid. But perhaps trying to let someone who was never charged or convicted of a crime to attempt to ensure that news stories about an erroneous arrest aren't the top search engine link is one small concession, and probably the least worrisome as a threat to other freedoms. I don't know.

    45. Re:All I'll say... by marsu_k · · Score: 2

      Uhh, no we don't have jurors. Nor do I think the results should be hidden, too much of MiniTruth for me.

    46. Re:All I'll say... by Noah+Haders · · Score: 1

      By definition a victim of paedophilia is protected not because they a victim of pedo crimes, but because they are a minor. I definitely support the protection of the privacy of minors, as do many others, and this is why there are already many laws world-wide that protect the identity of children.

      umm no, just as you seek to protect pedos that were convicted many years ago, there are many pedo victims that are no longer minors, but face the horror of having these acts thrown in their faces over and over again.

      As for the paedophile, him or her will have committed their crime and been punished for it. Once they have done their time in goal (or otherwise, as deemed appropriate by a court of law) then they deserve the same rights as everyone else.

      the fact that you try to shield pedos is disgusting. these people cannot be rehabilitated and every parent should know where pedos live around them. Actually US already provides this info with handy maps. Once I had a really creepy neighbor move in and I looked him up there but did not find anything to my surprise.

    47. Re:All I'll say... by Anonymous Coward · · Score: 0

      You made one particular point I would like to highlight.
      Your comment was this:
                "Europe seems to think that its citizenry is too stupid to make that kind of decision..."
      I believe this is true - and true in most of the developed world.
      Governments of the world, in general, treat their citizenry this way - as if they know all & know better.
      Politicians put their pants on the same way as the rest of the people the are charged with serving.

      More and more as days go by, politicians get much of their pay from corrupt sources which are not human in nature (e.g. industries wanting favors, etc.).
      Few political decisions are directly made on behalf of life, in general, and the lives of human beings, specifically.
      They are increasingly made on behalf of money and economics with little regard for the effect on humans (or the planets' health, for that matter).

      Free from the politically-minded pressure of economic growth (specifically), human beings make decisions for the benefit of humankind every day.
      We are all still alive and still growing, in spite of the industrial duty powers running the world in pursuit of greater profits & blind to leading humanity & life on this planet.

    48. Re:All I'll say... by Anonymous Coward · · Score: 0

      Why worry about the small percentage of people who are jurors or on trail and think about everyone in the society?

      There was a case a number of years ago where a man was suing en.Wikipedia.com for listing his muder conviction in a highly public trial. He was German and had it successful removed from de.Wikipedia.com. If I was going to go into business with a man who was convicted of brutally murdering his previous business partner isn't that something I should have the right to know? If a doctor was forced to shut down their previous practice because they were abusing patients why are we saying their right to continue having a good reputation is more important than everyone elses right to not want to fall victim to someone who has already shown themselves untrustworthy.

      It's arguing that we should have equal feelings about everyone, even ones we logically shouldn't.

    49. Re:All I'll say... by Anonymous Coward · · Score: 0

      the fact that you try to shield pedos is disgusting. these people cannot be rehabilitated and every parent should know where pedos live around them. Actually US already provides this info with handy maps. Once I had a really creepy neighbor move in and I looked him up there but did not find anything to my surprise.

      Your people said that about homosexuals a few years ago.

    50. Re:All I'll say... by Anonymous Coward · · Score: 0

      How about "Fred successfully petitioned to have his conviction expunged from Google so now when I put his name in it just show's that he's a former sports coach and camp director, sounds like a great guy to trust around my child."

      The data seems to point more towards that scenario than the one you're portraying. One of the more notable cases is a German politician who is running for office trying to have links removed about how he was removed from his previous office for gross misconduct.

    51. Re:All I'll say... by CodeBuster · · Score: 1

      Europe seems to think that its citizenry is too stupid to make that kind of decision

      This is the natural position of the Social Democratic Left which runs Europe. It's the same tendency that you see here in the United States in President Obama, the Democratic Party and liberals in general. They believe that the people are too stupid to decide their own lives and therefore it's not only right but necessary to remove from them the "burden" of making their own choices, healthcare being a prime example, for their own good; Even if that means that personal freedoms or individual liberty must be sacrificed to do so. It's a sad commentary on the US citizenry these days that many of them agree with this nanny state coddling and willingly surrender their freedoms for the syrupy sweet paternalism offered up by the liberals. It seems that they'd rather have 24/7 access to the lives of the Kardashians or fritter away their time on such mindless entertainments as "American Idol", "Dancing with the Stars" or the endless red carpet circle jerks put on by the Hollywood elites and their fellow travelers instead of getting off their collective asses and taking responsibility for their own lives and making their own decisions.

    52. Re:All I'll say... by Entrope · · Score: 1

      You are overthinking this problem, and you are (incorrectly) imaging search engines to have magical reputation-ruining powers.

      If someone is arrested, and charges are later dropped, the simplest and best solution is to have publishers update their earlier stories to note the new developments. That is in the interest of the public (who see more up-to-date information), the publisher (who doesn't get a reputation for staleness), and the person who was arrested (who gets more visibility for being cleared), so everyone wins.

      If you are worried about contemporaneous news coverage ruining reputations, regulations on Google and similar companies will not help at all.

    53. Re:All I'll say... by NicBenjamin · · Score: 2

      "Double jeopardy" in the US is not intended to prevent people from being tried twice if they are found innocent once. It's specifically intended to keep a single level of government from repeatedly trying somebody for the same crime. This means that if you are accused of kidnapping someone in South Dakota, and the body is found in North Dakota, you could be tried three different times. Once by each Dakota, and a third time by the Feds. The protection does what the founders intended it to do quite well: no President bothers trying to harass his opponents with constant legal charges.

      The fact that you can be tried by the state and the Feds also militates against the major anti-freedom feature of the US System that exists in practice: the fact this it is generally easy to oppress people with minimal interference from the Courts if the Feds can't come in and bust heads. For example, police accused of beating innocent people are found innocent at the state level, and convicted by Federal Courts of Civil Rights Violations.

      As for your point that even people found innocent by the Courts can be punished by their neighbors, under the US System that is freedom. In some ways this is the worst aspect of our system. Most of the horribly oppressive things that happen in the US aren't done by the government itself, but are done by private citizens using their own freedom as cover to oppress others. But until somebody gets 38 states to ratify an amendment to the contrary, Casey Anthony's neighbors are not legally required to treat her like a good mother who suffered a tragic accident just because the Jury found her Not Guilty (Innocent is not a Jury verdict allowed in the US).

    54. Re:All I'll say... by jklovanc · · Score: 1

      only a fool would criticize privacy.

      Someone want to head the FCC? Lets erase all information about their involvement in the internet industry. Don't want to look biased toward the service providers.
      Someone wants to join an agriculture commission? Lets erase all information about their involvement in PITA. Don't want to look biased against the meat industry.
      Want to run for school board? Lets erase those annoying paedophilia convictions.

      when it comes to ruining an innocent person's life.

      There is a balance between privacy and the public's need to know. While we need to protect the innocent people we also can not allow guilty people to hide in plain sight.

    55. Re:All I'll say... by umghhh · · Score: 1

      Bodies heavier than air cannot fly either.

    56. Re:All I'll say... by Xylantiel · · Score: 1

      I'm sorry but if you can sue me for libel for just for stating the fact that you have a "spent" conviction then the law is messed up. This is where we start to get into the fundamental nature of freedom of speech and how it relates even to freedom of thought. (Am I required to be lobotomized if I remember you have been convicted of a spent conviction. Maybe you should actually READ 1984.) I can understand laws that prohibit discrimination or harrassment based on old convictions, but trying to legislate the availablilty of public record information is stupid. I would also argue that this kind of thing is entirely separate from "privacy". There are many things that are "private", but public records are by definition not among them.

    57. Re:All I'll say... by Xylantiel · · Score: 1

      I think one of the troubles here is the difference between "YOUR record" and "THE record". I'm not a UK citizen, but I would be surprised if the relevant court records are somehow expunged. Are they? And with the database-driven information environment that we live in, how do we create a workable difference between "your record" and "the record" for private handling of public information.

    58. Re:All I'll say... by Anonymous Coward · · Score: 0

      He should rejoice in the fact hes a "free" American and the system worked as it was intended to`.

        yeah right.

    59. Re:All I'll say... by Anonymous Coward · · Score: 0

      Are the victims of anglophiles called Anglicans?

    60. Re:All I'll say... by Anonymous+Brave+Guy · · Score: 1

      How about "Fred successfully petitioned to have his conviction expunged from Google so now when I put his name in it just show's that he's a former sports coach and camp director, sounds like a great guy to trust around my child."

      Remember that the law in question does not give anyone some arbitrary and complete power of censorship.

      For example, in the UK a conviction that leads to a prison sentence longer than four years never becomes spent under the Rehabilitation of Offenders Act 1974, while convictions with shorter sentences eventually become spent after a period of time that depends on how serious the sentence was. Other things being equal, it seems likely that the "right to be forgotten" would not extend to allowing someone to remove references to an unspent conviction but might allow references to spent convictions to be suppressed.

      Where offences involve taking advantage of vulnerable people or are of a sexual nature, as in the scenario you described, there may be other considerations as well as the general principle of spent convictions, which might also override any generic "right to be forgotten".

      So while, predictably, the first batch of deletion requests reported in the media are mostly people with genuinely dubious histories trying to do a bit of selective rewriting, that doesn't necessarily mean that they will succeed, nor that even if they succeed for now, in the sense that Google decide to err on the side of caution and delete by default for the immediate future, they will continue to succeed in the long run.

      This could all change in light of other recent moves at EU level that could render the current ECJ judgement academic anyway, and if the general plan is to move forward with explicit statute law in this area but it turns out that the previous ECJ judgement was being abused, the issues of proportionality and balancing individual privacy with public interest will surely be reviewed.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    61. Re:All I'll say... by William+Baric · · Score: 2

      > only a fool would criticize privacy

      Privacy is about hiding what we do and who we really are. I guess there are two main reasons we may want to do that. The first is to avoid being a victim, which I think is fair enough. The second is to avoid punishment after doing something reprehensible, from a simple lie in order to obtain something we don't deserve to a serious crime, which I find hard to justify.

      What's interesting is the reason we need privacy in order to not be a victim is because there are people who will use their privacy in order to avoid punishment after making us their victim. Privacy looks to me like an arms race.

      I wonder... What would it be like if we stopped this arms race and lived in a world where there was absolutely no privacy? On the plus side, it would be a world with no (unpunished) crime and no (unpunished) abuse of power. There would be absolutely no reward to commit a crime or abuse one's power. No more bullies in school, no more abusive managers at work, no more cheaters, thieves, crooks or corrupt politicians. No more lies. Everyone would be judged exactly for who they are and what they do. It would be a world perfectly fair.

      What would be the negative side of a society without privacy?

      And even in if we can't totally suppress privacy, wouldn't it be a good thing to live in a world where there was less bullies, less abusive managers, less cheaters, less crooks and less corrupt politicians? Wouldn't it be a good thing to live in a fairer world?

      Why do you want privacy so much?

    62. Re:All I'll say... by NoOneInParticular · · Score: 1

      When Google complies, who cares that somebody creates searchable lists? Even if it is Microsoft. For all practical purposes, it would have dissappeared. You are probably a software developer, making the edge case (the information is not gone) dominate the common case (google doesn't show it). That makes bad software, and also bad argumentation.

    63. Re:All I'll say... by Anonymous Coward · · Score: 0

      Because attaching pedophilia to the argument invalidates the argument.

    64. Re:All I'll say... by mi · · Score: 1

      they lead us, head and shoulders, in privacy

      What a lovely Orwellian speak! This "right to be forgotten" is about forcing one entity to forget about another. This may sound find for the subject of the record, but it is, in fact, rather draconian, towards the record-keeper.

      Whatever law applies to corporations (crosses himself, go away evil, evil!), would — or should — apply to individuals too. Would you like your ex-girlfriend to demand, you destroy the pictures the two of you took in happier times?

      And why stop there — at the destruction of material mementos — huh? "Forgotten" means "forgotten" in any language, does not it?.. We are on the verge of being able to selectively erase certain memories — would you approve of a law requiring people to subject themselves to the procedure, whenever someone they once met demands, they forget him? Heck, there may not even be a need for a new law for this — it might follow directly from this much-heralded European initiative.

      only a fool would criticize privacy

      And there I thought, the "only a fool would" kind of argument was soundly destroyed by Hans Christian Andersen centuries ago...

      --
      In Soviet Washington the swamp drains you.
    65. Re:All I'll say... by Anonymous Coward · · Score: 0

      Common case now. How long do you think it will take for people to figure out the web is being censored and route around the damage? There will just be a "people search" webpage that aggregates Google + whatever isn't being censored this week.

    66. Re:All I'll say... by Anonymous Coward · · Score: 0

      Parroting the lie that "rehabilitation does not work" is getting EXTREMELY old. The sexual reoffense rate after ten years for all categories of sex offender combined (be it rapists, child sexual abusers, pornography possessors, or statutory rape convictions) is 6%. How much is 6% of 600,000 sex offenders? How much of the 310 million people in the US is composed of sex offenders that will reoffend within ten years? 600,000 * 0.06 = 36,000 reoffending persons within ten years of release.

      That's 0.0116% of the total population of the United States that is a convicted sex offender that will reoffend sometime in the next 10 years, or to put it another way, about 11.6 out of every 10,000 people per year becomes a sexual recidivist.

      700 children are injured daily in car crashes, 2000 are killed yearly. When it comes to risk management, focusing on convicted sex offenders is fucking stupid; it is as effective as putting a single stitch in a chainsaw wound.

    67. Re: All I'll say... by Anonymous Coward · · Score: 0

      You know what the problem is? Forgiveness. Just because a person is on a sex offender list for the rest of his or her life doesn't mean they can't live a life. It's just restricted due to the high likelihood of recidivsm. As it states on the Megan's law website, the list is not so we can bludgeon these folks for past wrongdoings, it is to inform the public of a risk to other children. While I do agree that after serving a sentence, a punishment is over, that doesn't mean you should forget about it. I think the right to be forgotten is a slippery slope, and ill-advised. The information is out there, and whoever these busybodies were who misused the information in the past will continue to do so, but now you will be unable to find out how!

    68. Re: All I'll say... by Anonymous Coward · · Score: 0

      Who is Fred and why should I care about him? If I'm a potential employer and google doesn't know, I'll find the information by some other means. If Fred is in Germany, I'll never care. If Fred is a friend of mine and I've read about these charges, I'd probably have enough stones to just ask him what that was all about. If I'm a hater on Twitter, why does Fred care about what I think? Haters hate, don't waste time on that.

    69. Re: All I'll say... by Anonymous Coward · · Score: 0

      Maybe the ECJ will approve stuff that was about them, but not your stuff. How will you know that's not the case?

    70. Re:All I'll say... by rtb61 · · Score: 1

      If "strong public interest in having someone's past run-ins with the law being available" is valid, than those people whom this information is about would be definition be considered unsafe and as such should remain in confinement. So really you seem to need to make up your mind, either these people about whom the public needs to be warned need to remain in confinement or the need to be publicly ostracised forced into a life of crime and be returned to prison. Now whilst I would agree those that test out as psychopaths should remain in confinement once a specific range of crimes have been committed, for the rest where rehabilitation will work, it should be allowed to work.

      --
      Chaos - everything, everywhere, everywhen
    71. Re:All I'll say... by mrbester · · Score: 1

      You misunderstand the purpose of the act. It's so people aren't forever branded with a label making them effectively unemployable. It is libel because it is the same as someone who didn't have that spent conviction. Because legally it has now never happened. Publicly accessible records of that conviction are expunged, which is the big difference. In US forever in public view will be everything illegal thing you have ever been convicted for, no matter what. And you tell *me* to read nineteen eighty four. You're living in it and defending it.

      --
      "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
    72. Re:All I'll say... by Mirvnillith · · Score: 1

      (6) Start looking at others as we do ourselves (e.g. what does something I did ten years ago reflect who I am today?)

    73. Re:All I'll say... by pr100 · · Score: 1

      With some provisos. There are contexts in which the fact of the convictions can still be used. For example in a subsequent criminal trial evidence of the conviction can be given (subject to the usual rules of evidence about such things).

    74. Re:All I'll say... by Anonymous Coward · · Score: 0

      Could I petition slashdot to delete a past comment?

      You should be able to. Boardgamegeek, to name another site, does provide this option.

      Since you can't: post anonymously.

    75. Re:All I'll say... by Anonymous Coward · · Score: 0

      The EU directive fell, Germany never implemented it (in a way that passed judicial review). In other countries like Sweden it still exists because there people are fine with politicians saying "just because the law violates fundamental rights is not a reason to repeal it", but several ISPs that care have stopped applying it and probably nobody will risk trying to enforce it.
      While I agree with some of your criticism, in the US you definitely miss out due to not having a functioning legal system, and especially no working supreme court. Which btw. matches well with what I wrote first: Germany has a well working supreme court, Sweden doesn't actually have one at all (supreme court meaning one that bothers with things like constitution, citizen's rights, human rights etc).

    76. Re:All I'll say... by Anonymous Coward · · Score: 0

      Our time is limited. We can't make decisions on every single thing that happens anywhere in the world that might somehow affect me and that I might be able to influence. One of the reasons we have the whole government thing.
      Health care and pension are two things a lot of people think everyone really wants (and most importantly, are too late to take care of when you need it), and most of those who don't either can't afford it, are too lazy or too stupid to take care of it.
      You might disagree, but cut down on the exaggerations a bit, unless you also think it unacceptable that your government can start a war "for you". That is giving up a lot more freedom than not having the right to not have healthcare insurance.

    77. Re:All I'll say... by Anonymous Coward · · Score: 0

      My point of view however is that this seems to be a total failure of journalistic ethics.
      Only under exceptional circumstances can the name of an accused be published before a conviction, and even if those exceptional circumstances exist there must be sufficient caveats that the majority of readers will not jump to conclusions.
      I don't think this case really is relevant, since the newspapers themselves should have to retract their articles, no need to involve Google unless it gets stuck in their cache.
      Also, if that person can be fired for it then there's an issue with employment laws, firing someone for being _accused_ very much should be criminal in itself.

    78. Re:All I'll say... by Anonymous Coward · · Score: 0

      > I'm sorry but if you can sue me for libel for just for stating the fact that you have a "spent" conviction then the law is messed up.
      No it isn't. You don't have to go around publicising someone's spent conviction unless you are malicious or don't understand the intent of that law. The purpose is to ensure that people are punished for their conviction once, not repeatedly, and that we do not cause a person who was guilty of an offence to hit a tipping point where they can only live a life of crime where all usual privileges are revoked. You know, like the US.

      > , but trying to legislate the availablilty of public record information is stupid. I
      Oh really? Like how national security trumps it?

      > There are many things that are "private", but public records are by definition not among them
      Yep, every piece of information is indelibly marked as being one of public,private at creation and for evermore. No, wait.

    79. Re:All I'll say... by Anonymous Coward · · Score: 0

      Guess again.

      There are a wide variety of issues. Information can be used to hurt you but not only by criminals. You're arguing for a world where that privacy will be one-sided, with the upper hand held by people who were savvier at controlling information in the first instance. The idea that preventing people from changing, rubbing their noses in attitudes that they had decades ago, and giving TMI to everyone will get rid of bullying and crooks is so ridiculous, I can only suggest you wait until you've lived in the real world for a while.

    80. Re:All I'll say... by Anonymous Coward · · Score: 0

      > I bet you the Mabahith love the fact that they get to know who do things like search for whisky,
      They could save some time and just look for whisky in their rulers' homes.

    81. Re:All I'll say... by Anonymous Coward · · Score: 0

      However , it is our house and our laws * if you Americans dont like it then you can avoid it by simply not doing business here but the thought of leaving some money behind that God rather carelessly left in none American hands pains your companies dosn't it.

      *if its wrong it is OUR responsibility to sort it just like its YOUR responsibility to sort out the crap your system pulls.

    82. Re:All I'll say... by gl4ss · · Score: 1

      I'm wondering how the hell they're going to deal with this really - without blackholing people who want to be found online.

      My name is an alias for one folkpop-humppa star.. so if I request my name to be blocked will other people be at the same time? I mean they can't, it would take a real person to go through the hits and even then it would be hard for them to judge if it is me or someone else with the same name that's mentioned on the site xazyx.

      --
      world was created 5 seconds before this post as it is.
    83. Re:All I'll say... by Lordpidey · · Score: 1

      They have the right to demand you destroy it.
      You also have the right to ignore the demand.

      --
      Some people encrypt by using rot-13 twice. I prefer the more secure method of using rot-1 a total of twenty six times.
    84. Re:All I'll say... by Anonymous Coward · · Score: 0

      Then it's not a right to be forgotten, but a right not to be misrepresented. Arrests trials et al pertain to the public sphere, not the private one.

    85. Re:All I'll say... by AmiMoJo · · Score: 1

      It's only libel if it isn't factually true, so a report about an arrest or prosecution for something wouldn't count. To be libellous it would have to say the person was convicted when they were not.

      Generally speaking the police don't speak up too much before a conviction because in the UK at least it can harm the prosecution, and people do argue that things the police have said make it impossibly to get a fair trial.

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

      What makes you think it needs to be removed? If a newspaper published an article about your conviction for petty theft 30 years ago it still exists in an archive somewhere, probably with multiple copies. It's inaccessible and unfindable to most people though.

      Since when was there a right to freely exchange information? Even individuals are required by law not to relate certain information to others, and businesses have much stricter controls on what information they can give to others.

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

      Why shouldn't his old convictions, now paid for, be forgotten? If he is convicted again he will have to pay again, and those crimes will remain public until the law says they are spent. If the law things that repeat offenders should be punished more harshly and that all previous convictions should be considered as well that's for the law to decide, not Google.

      Does he have to declare past convictions to his employer, for example? If not, why should Google circumvent the law and allow an employer to discover this information through a search? What if someone else has the same name and is confused by an employer with him, where a criminal record check with the police would be able to separate the two individuals.

      Of course, he might be found innocent. He is innocent until proven guilty under Finnish law, I assume.

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

      Don't you get the bail money back if you turn up for the trial?

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

      But Google (or any other search engine) is not the source of this information. Why not go to the source? Google (and I'm assuming other search engines) update their index quite frequently, if the source is gone then so will be the search result. And WRT the article, yes, he might be found innocent. But the fact that he's on trial for multiple cases (and these are of the more severe kind - I don't know what the official term is in English, felony fraud? at any rate a charge that is not placed easily) I have hard time believing that he's innocent at all. Especially given his actions with the newspaper.

    90. Re:All I'll say... by bondsbw · · Score: 1

      I don't think so if you pay a bail bondsman. I assume that is what happened since the bail was much too high for him (college age) to pay completely. Even paying the 10% or so required by bail bondsman was more than he could afford, especially considering he doesn't get it back.

      --
      All my liberal friends think I'm a conservative, all my conservative friends think I'm a liberal.
    91. Re:All I'll say... by AmiMoJo · · Score: 1

      What a strange concept. The whole point of bail is to ensure that the person doesn't flee, but if you can pay just 10% it seems to be subverting that.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    92. Re:All I'll say... by mars-nl · · Score: 1

      the fact that you try to shield pedos is disgusting. these people cannot be rehabilitated and every parent should know where pedos live around them. Actually US already provides this info with handy maps. Once I had a really creepy neighbor move in and I looked him up there but did not find anything to my surprise.

      What makes pedos different from murderers and thieves and guys who beat up their wifes? They have been punished and then get on with their life. Chasing them for the rest of their life does not make them behave any better.

      May I remind you that most child abuse happens by non-creepy looking uncles, teachers, pastors, babysitters, etc. They are around you, always. And what will you do if you know where they live? Go to their house with torches? Keep your kids inside forever? You have to learn to deal with it. Teach your children not to go with strange men. And talk to your children so you know something is going on in case a non-stranger is doing things they are not supposed to.

    93. Re:All I'll say... by Noah+Haders · · Score: 1

      What makes pedos different from murderers and thieves and guys who beat up their wifes?

      that is a really disturbing thing to say. I feel more comfortable with the question: what makes pedos and murders different than thieves and guys who beat up their wives? A: pedos and murderers are inhumane monsters. their souls are fundamentally broken.

      May I remind you that most child abuse happens by non-creepy looking uncles, teachers, pastors, babysitters, etc. They are around you, always.

      even more reason to have an internet archive of these pervs so you can be on the look out.

      And what will you do if you know where they live? Go to their house with torches?

      that's a pretty good option.

    94. Re:All I'll say... by Luckyo · · Score: 1

      A comparison is that how US culture views free speech, most European cultures view privacy and vice versa.

      What you view as a "ruined right to freely exchange information", we view as a "ruined right to privacy".

    95. Re:All I'll say... by Triklyn · · Score: 1

      you're basically infringing the ability and right of potential employers to make an informed decision regarding their employees. and setting up a system where those larger companies that can afford background checks have access to a less felonious pool of talent... which, you're at your leisure to do. you've made the decision that potentially those who've absolved themselves of their crime deserve more protections than their victims, and economically and socially this may be where you've found the most success, but please acknowledge that you are in fact trampling on the rights of some to elevate the rights of others. It is not purely upside.

    96. Re:All I'll say... by Anonymous Coward · · Score: 0

      I agree with AthanasiusKircher & Brave Guy's post. And if poor Fred never went to trial, charges were dropped & the arrest record legally expunged it will still haunt him. The internet (search engines) are not forgiving & most sites that post the negative never followup with the outcome. And even if they did would anyone read that? Probably not, because the original story was more attention getting. In the meantime no one will hire Fred, date him or want to be known as his friend because they have Googled him & are afraid.

      As for libel & slander, all the police have to say is we "suspected" or "we have to investigate every report just in case". Meanwhile poor Fred has spent time in jail waiting bail, been in the news, had his life ripped to shreds, lost his job & friends plus had to drain his bank account to pay a lawyer. Once things have been resolved no one comes back & says "we're sorry, let us help you rebuild your life". They should make the false accuser pay legal fees if nothing else. Might stop some of this stuff.

      Google & the other search engines should have some plan to allow people to take back control of their lives & privacy. If you want to know if someone is a criminal do a background check on them or ask around. Don't depend on the internet. It's becoming a giant tabloid where the most sensational, outrageous & appalling are what gets the most attention.

    97. Re:All I'll say... by Anonymous Coward · · Score: 0

      Entrope, it's VERY difficult , if not impossible, to get newspapers or tv stations to retract "minor" stories. I have seen it happen. The report of the "crime" is all over the news & then if nothing happens it all fades away- except in the search engines online. You rarely see or hear a followup because the news media or sensation seeking posters have moved on to the next story. People are being tried & convicted in the court of public opinion every day. It doesn't matter that they never reach a real legal trial. The internet will always be there to remind the world.

  2. I know of one Nut Job by Anonymous Coward · · Score: 1

    Who'll be trying to get all links to pages about her removed ASAP.
    This is a pity, as it points out in mile high letters to any potential future employer how big a security risk she'll be to their IT systems
    (and their public reputation).

  3. Insanity by skywire · · Score: 2

    The fundamental flaw in all this is that Google is not a big website full of content that they publish. Google indexes content on other websites. If someone wants to use the state to force others not to publish truthful information about them (questionable in itself), then let them go after those doing the publishing. Google is the wrong target.

    --
    Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.
    1. Re:Insanity by Anonymous Coward · · Score: 0

      This is not about Google itself. If you want the source removed you have to go to the publishers, but even is the original isn't available anymore, it might still show up on Google.

    2. Re:Insanity by Mashiki · · Score: 1

      G+ would disagree with that statement wouldn't it?

      --
      Om, nomnomnom...
    3. Re:Insanity by LoztInSpace · · Score: 2

      Google is certainly the wrong target, but they are very well placed to capitalise on any forthcoming law. The correct way of dealing with content is, with sufficient justification, to require that it is removed from the sites. Who knows better than Google where that content is? What better influence to comply with such requirements than "you may be removed from Google". Search engines are in prime position to capitalise on any sort of mandate to remove or issue take-down notices provided there's a small fee involved. An analogy is credit rating - they don't lend the money but they have influence over those that do. You need to clear your name with the agency not the lender.

    4. Re: Insanity by afgam28 · · Score: 2

      That's what I find so strange about this ruling. Search engines like Google have to remove links to certain articles, but newspapers and journalists are explicitly protected when publishing said articles.

      http://m.holdthefrontpage.co.u...

      This is kind of like legalizing piracy while at the same time forcing The Pirate Bay to remove links.

    5. Re: Insanity by jonsmirl · · Score: 1

      The ruling is insane. If the EU really wants to implement this insanity the best way would be for the sites hosting the article to include a 'do not index' meta tag which Google would then respect. Doing it that way places the burden where it belongs - on the author of the stories, not on the search engine.

      Going after the URLs directly at Google is a total exercise in a whack a mole since the links are always changing. You're just going to end up with another pile of automated systems generating millions of takedown requests. When the source sites disappear they will change their URLs and then the cycle will endlessly repeat.

    6. Re:Insanity by Entrope · · Score: 1

      In the court case that triggered this change in policy, the original publisher was also targeted, and the court found that they had a right to continue publishing the information. The same court found that Google had no legitimate interest in linking to those web pages. You're being either ignorant or deceptive to suggest that the concern here is that Google is continuing to carry stale data.

    7. Re:Insanity by Entrope · · Score: 1

      G+ is a counterexample only to the extent that individuals posting to G+ are Google employees acting within the scope of that employment. In the same way that Facebook isn't liable when its users upload defamatory or infringing content (because they have a way to handle complaints), Google isn't automatically liable when third parties post information to G+ or Blogger or wherever else.

    8. Re: Insanity by jonsmirl · · Score: 2

      Heck, I can even see source sites generating automated ways to combat this. Continuously keep poking Google to reindex your site. When you see the Google crawler insert meaningless random tidbits into the URLs. Now the other side of the robot war will keep issuing takedowns on these randomized URLs but since there is a cycle time of a week or so you will always have a set of working URLs in the Google index.

    9. Re:Insanity by AthanasiusKircher · · Score: 1

      An analogy is credit rating - they don't lend the money but they have influence over those that do. You need to clear your name with the agency not the lender.

      What kind of analogy is this??

      (1) The present scenario concerning the "right to be forgotten" has to do with deleting factual information from a database, whereas you can't get factual information deleted from your credit report. You can only get errors corrected.

      (2) The credit reporting agencies don't really "have influence over" lenders. They are responsible for providing accurate information, but it's not like they can strong-arm a lender into making changes to their records.

      (3) Legally, the agencies are only required to investigate a dispute -- they are NOT an arbiter of what ultimately appears on your report. If there's sufficient documentation to satisfy your lender (not the agency), the lender will request a correction or amendation to your credit report. If your lender refuses to make a correction, the agency can't just change the records -- at best, it will allow you to attach a statement to your report explaining your side of the story (which you may pay a fee for).

      In sum, it's not really a comparable situation to begin with, and the credit reporting agencies don't really "clear your name" -- to do so, you generally have to convince the lender of the truth of your claim. If you ever have a serious credit dispute, you'd be best served by contacting BOTH the agencies AND your lender -- not communicating with your lender is likely to make the situation worse and even more difficult to resolve.

    10. Re: Insanity by AmiMoJo · · Score: 1

      Search engines like Google have to remove links to certain articles, but newspapers and journalists are explicitly protected when publishing said articles.

      Libraries keep decades of old newspaper articles on microfiche, but searching through it for someone by name is an extremely labour intensive and slow process so no-one does it. Google has indexed all these old articles (the ones that are on the web) and lets you search them by name. The ruling is an attempt to limit this power while balancing the public interest in having archives of news reports and being able to find relevant information.

      This is completely consistent, workable and reasonable. 70% of searches are via Google, and I imagine other big search providers operating in Europe will be obliged to acknowledge the ruling as well. Newspapers, bloggers and random forum posters have nothing to worry about. This only affects historic information that is no longer accurate or relevant, and where the public interest isn't as strong to the individual's right to privacy.

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

      That sort of thing tends to get your site forced way down the search results pretty quickly, because it is a typical SEO trick to make a site look like it as more content that it really does.

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

    Every perv and criminal in Europe will get in on this.

    1. Re:Every... by Anonymous Coward · · Score: 2, Insightful

      Some years after a criminal finishes jail time, he has the right to be forgiven and reintegrated a s a normal citizen, just like he had done nothing at all. It has been like that in many European countries for decades if not centuries, it helps one-time criminals to get back to the life of an abiding citizen. This new regulation is applying this to the new situation that appeared with the Internet.

    2. Re:Every... by Anonymous Coward · · Score: 0

      It helps one-time criminals to be two-time criminals. Or am I sounding too American?

    3. Re:Every... by jonsmirl · · Score: 0

      There is a difference between forgiven and forgotten. Until we invent time machines undoing history is impossible. You can pass all of the laws you want but you will never be able to erase the event.

      Trying to get Google to stop indexing is just going to result in a giant game of whack a mole like we have with DMCA take down notices. No matter how many million take downs they file the mole can never be erased.

    4. Re:Every... by Anonymous Coward · · Score: 0

      > you will never be able to erase the event.

      The intent is not to erase the information, but to remove it from frontpage.

      > No matter how many million take downs they file the mole can never be erased.

      There is a major difference. Many people are willing to upload and download copyrighted content, so these files get re-published all the time, which is why copyright owners can never erase them.

      We're talking here about outdated content. For example a forum post nobody cares about from 20 years ago reports you shoplifted a chocolate bar, and hits first page when looking for your name in Google. Whether the claim is true or not, for example was a private joke with your friends when you were teenager, it's now causing you serious problems when looking for a job. In this case, un-indexing the page just once is enough. Nobody cares about the page, so the information will not be reposted, an dyou get back to your normal life.

      In case they do republish it elsewhere because they really hate you, you probably know who they are and why they hate you so much, and you can choose a more adequate solution (e.g. sue them for libel if the laws of your country allows, find an agreement between your lawyer and theirs, etc.)

    5. Re:Every... by Anonymous Coward · · Score: 0

      No, they remain one-time criminals even after the third, fourth and fifth times. Weren't you paying attention?

    6. Re:Every... by Anonymous Coward · · Score: 0

      Some years after a criminal finishes jail time, he has the right to be forgiven and reintegrated a s a normal citizen, just like he had done nothing at all..

      It disturbs me greatly that most people don't seem to get that this is essential for a non-fascist society, especially Americans/UK/etc, and especially with regard to certain unpopular offenders, no matter how mild their crime. Re-integration into society prevents recidivism! The goal should be to rehabilitate ex-offenders and make them productive wherever possible, not torture them in the name of "think of the children" or some other hysterical mantra. Branding people as permanent criminals leaves no options for re-integration whatsoever and is vengeful sadism, pure and simple. I'm sure denying ex-criminals any chance of a fresh start is nothing but dangerous for children anyway: leaving them no options will most likely send them back to crime, the only identity they have been allowed.

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

      > It helps one-time criminals to be two-time criminals.

      It's actually the contrary. If one-time criminals can't get a job after they spend their time in jail, then the only thing they can do is repeat crime. It's also the whole point of parole (prisoners who can prove they found a job are released because they are less likely to repeat their crime).

  5. What about the aspiring politicians? by Anonymous Coward · · Score: 1

    This ruling set a very dangerous precedent. Some things must not be forgotten - such as the backgrounds of candidates for public office. While information on a currently public figure wouldn't be able to be suppressed in practice (see: Streisand effect), factual but damaging information could be suppressed prior to that candidate being first elected on a false image. Though primary documents may still exist, the loss of Googleability puts citizen journalists at a strong disadvantage.

    I worry about the formation of a civically-damaging memory hole, into which the histories of crooks and liars disappear prior to their ascention to office on a false persona.

    1. Re:What about the aspiring politicians? by Bite+The+Pillow · · Score: 1

      Journalists will continue to dredge up relevant facts and regurgitate them as new articles, which will have to go through the request process again.

      And, since the law is vague, a long string of taking the same news down actually suggests it is in the public interest or otherwise not qualified for forgetting.

      There are problems, but this is just a speed bump.

  6. "inadequate, irrelevant or no longer relevant" by Anonymous Coward · · Score: 1

    seems more applicable to EU MEPs themselves.

    Why don't you Europeans kick those morons out?

    1. Re:"inadequate, irrelevant or no longer relevant" by bazmail · · Score: 1

      Yeah. Why can't MEPs have as much integrity as our congressmen, senators and president.

  7. US by JustNiz · · Score: 5, Informative

    The UK and most of Europe is unlike the US in that once convicted criminals that have been punished, unless of a particularly serious crime, there are laws protecting their rights to not have that information disclosed, so that they can resume a normal job or whatever in society.

    With the US system of throwing more people into prison per capita than pretty much any other country, and also that in the US such things are permanently on your record, it can only make it much harder for ex-cons to ever find work again and resume a lawful life. The system is self-defeating in making it much more likely that ex-cons actually have no option but to turn back to crime to even make a living.

    The problem with Google is that they are clearly assuming that US law/mindset should operate worldwide. Google need to get over themselves and make sure their information retention follows the same rehabilitation law that exists already to protect the rights of ex-offenders, for a very good reason.

    IMHO we should have the right to control any and all information about us that is stored by corporations. We should also be able to force them to disclose all the info they do store about us. In fact the whole question of who owns that information should be determined. I beleive if the information is about you, then you should own it and so have full control of it.

    1. Re:US by Entrope · · Score: 1

      What qualifies as a serious crime? If someone is convicted of stealing client funds, and they go to jail for a decade, are they allowed to walk right back into handling other people's money once they get out? Europeans needs to get over themselves and realize that some parts of the world contain people who are able to make their own judgments about who is trustworthy, for a very good reason.

      Also, the facts that the US criminal justice system is rigged against defendants, that it severely punishes a lot of acts that don't have obvious harms to others (e.g. drug dealing and use), and that it makes life unduly hard on many released convicts are all unrelated to the freedom to make factually accurate statements.

    2. Re:US by chowdahhead · · Score: 1

      I just don't follow this reasoning. We're talking about truthful, factual, and legitimate content. If you were a reporter reporting facts, why should I have the "God-given right" to determine what you write about me? Why should I be able to take down a link to an article that I don't hold the copyright to? I shouldn't, because I (or anyone else) don't own "facts" about you. This is a really slippery slope, my friend.

    3. Re:US by kthreadd · · Score: 1

      There are two things here.

      1. Keep information from being disclosed.
      2. Remove information from the web.

      If it is important that the information is kept secret then it should not be on the web to begin with. I'm totally fine with 1. up to a point. But 2. terrifies me, that's an extremely slipper slope we're going down there.

    4. Re:US by jonsmirl · · Score: 1

      You are aiming at the wrong target. Google blindly indexes what it finds on the web. The right solution was for the EU to require the sites hosting the source articles to include a "do not index" meta tag which Google would then respect. Put this burden where it belongs - on the author of the stories, not the search engine.

    5. Re:US by mmell · · Score: 1
      Why should Google care at all? They only search websites and return search results. Think of them as a common carrier. They don't create the data, they only catalog and organize the data - sorta like maintaining and publishing a phone book.

      Google isn't publishing criminal records, only showing users where those records are. What part of this is Google's fault?

    6. Re:US by AthanasiusKircher · · Score: 2

      The problem with Google is that they are clearly assuming that US law/mindset should operate worldwide. Google need to get over themselves and make sure their information retention follows the same rehabilitation law that exists already to protect the rights of ex-offenders, for a very good reason.

      I don't understand -- how is Google "assuming" this? As far as I can tell, Google's explicit assumptions are as follows: (1) there is an internet, (2) it has information on it, (3) there should be an index of that information.

      I don't see how any of this implies that Google is "assuming" anything about US law or anything about the rights of ex-offenders.

      If information is so defaming to a person's character that it should be eliminated from an index, shouldn't that information be deleted from the primary sites that are serving the information on the internet in the first place? Why is Google the "evil" thing here? (Obviously Google IS evil, but I'm wondering about this particular case...)

      This is like a situation where you have a private "unlisted" telephone number, and the phone company is obligated not to give it out -- that's your "right." But then they DO give it out, and it gets published in some aggregate phone directories, on various web databases, etc. The phone company is violating your "right" (such as it is) by continuing to give out the personal information about you, so why is your only recourse to sue those who catalog the information, rather than those who are giving it out in the first place?

      Of course, we would quickly run into a serious problem if we actually targeted the real offenders here -- i.e., the ones who continue to serve up the information you find so offensive. It would require retroactively going around and deleting old media stories online -- and people would rightly find that disturbing because it would really be "rewriting the past" in some significant way.

      The reality is that before the internet, it was hard not only to FIND information, but to ACCESS it as well. Google makes it easier to FIND the information, but ultimately it is the online character that makes it easier to ACCESS -- and if Google won't index that information, you can often search an individual media site or something to find it quickly as well. Contrast that with a few decades ago, where simply ACCESSING information in an old newspaper or court record would require a trip across town to a library or archive, and potentially digging through microfilm or something.

      You can discuss how Google should change their policies, but ultimately Google isn't the one serving up all the information you're concerned about. I'm not saying search engines shouldn't be regulated in some fashion, but they're only one part of the issue... and not really the root cause.

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

      And if the crime turns out to be a false accusation, why SHOULDN'T they be allowed to walk right back to their same old job? Oh thats right, cause they're an "accused" criminal, therefore we should mock, shun, blacklist and send death threats to them for the rest of their lives.

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

      > What qualifies as a serious crime?

      What is described as a serious crime in the code of laws of the country. Most of European countries have Civil Law system, anything you might do wrong is described in the Penal Code together with all applicable rules for the execution of the sentence.

      > If someone is convicted of stealing client funds, and they go to jail for a decade

      If you're talking about Europe, that's not the case. A single person stealing money without violence gets 3 to 5 years depending on the country. Check the story of that guy who drove off with 11M in his armored van https://en.wikipedia.org/wiki/Toni_Musulin

    9. Re:US by misexistentialist · · Score: 1

      You're talking about socialist countries where there is no right to free speech recognized. Government decides what's best for society, it's not about individual copyright or even truth. Disturbing how many people in the USA point to these countries as the "direction forward", which is like saying a dog should want to become a cat.

    10. Re:US by Anonymous Coward · · Score: 0

      This is a little bit different from the 'unlisted number' situation that you mention. At least in the U.S. you have a contractual relationship with the phone company to supply phone service, and you're presumably paying an extra fee to have an unlisted number. There is no third party involved (such as google), just you and the phone company.

      What puzzles me is that here in the US there are usually tons of sites that link to any news story involving lawsuit activity, be it criminal or civil. So if, for example, the Minneapolis Star-News publishes a story that some person was arrested or convicted of a crime, there will be links to that story from several sites that provide summaries of and links to similar stories at on-line news providers in the region or state. And since google indexes those other sites, there will still be easily locatable links to the original story. So, if such a law existed here, would google be required to remove links to those secondary sites as well? How far would they have to go in removing links to non-google sites that provide links to the original story?

    11. Re:US by Tom · · Score: 1

      The system is self-defeating in making it much more likely that ex-cons actually have no option but to turn back to crime to even make a living.

      What makes you think that's a defeat? In a world where running a prison is a highly profitable industry, keeping the prison filled is a business strategy, not a defeat.

      --
      Assorted stuff I do sometimes: Lemuria.org
    12. Re:US by AthanasiusKircher · · Score: 1

      This is a little bit different from the 'unlisted number' situation that you mention. At least in the U.S. you have a contractual relationship with the phone company to supply phone service, and you're presumably paying an extra fee to have an unlisted number. There is no third party involved (such as google), just you and the phone company.

      But, as I mentioned, there are plenty of online databases of phone numbers now (for example). If you were paying for a phone company to keep your number private, but they kept just releasing it to whoever wanted it (including the online databases), we shouldn't just find fault in the online database, no? The phone company is also responsible for giving out information it isn't supposed to, correct?

      The GP was arguing that people have some sort of "right" to keep some of this older information private if defamed the person's character after he/she had served time or whatever. Assuming the GP's right exists, isn't the entity that posts that information in a worldwide accessible venue as responsible (even more responsible) for serving that information up to the world as someone who merely aggregates links to it?

      I agree that the analogy is not precise, because in one case you might be paying a fee. But nevertheless, in one case, a company chooses to violate your "right" to keep privacy by not fulfilling the contract; in the other, a media company (or whatever) chooses to violate the GP's "right" to not have your old "dirty laundry" hung out in public. In both cases, according to the GP, there's a company who is serving up public information in a venue that legally it isn't supposed to. And, assuming the existence of Google and online phone databases, in both cases that information will be indexed and made available far beyond the original phone company or media company (or whatever) that provided the information inappropriately.

    13. Re:US by Zironic · · Score: 1

      You're going towards this completely backwards. The European approach to this is not that it should be impossible for people to find out the past history of other people, it should simply require effort.

      The intent of this law is simply to make sure that when someone googles your name, then your past criminal record is not the first result on your search history. If someone wants to find out your criminal record, they're still perfectly free to ask for it as it remains a public record.

    14. Re:US by AthanasiusKircher · · Score: 1

      You're going towards this completely backwards. The European approach to this is not that it should be impossible for people to find out the past history of other people, it should simply require effort.

      I completely understand what the European approach is here, and I didn't say I disagreed with it. I do disagree that Google is somehow the primary responsible party, however -- which the post I was responding to claimed. It's not like Google is deliberately trying to flout privacy laws -- it's just indexing information. If we want to rein them in, then we should, but let's not pretend they're doing this maliciously or deliberately trying to avoid some sort of "rights."

      And if you re-read my post, you should find that I actually agree with you. Perhaps I used the wrong word, but that was precisely the point I was making about making something easy to "find" vs. easy to "access." Google makes things that are already accessible easier to find. The original sites that post the information are what have made this information possible to access with almost no effort.

      If someone wants to find out your criminal record, they're still perfectly free to ask for it as it remains a public record.

      And, you see, that's the difference here between 30 years ago and today. A few decades ago, you'd have to go somewhere and request a public record, perhaps even pay a fee for it if you wanted a copy. Today, you can get this stuff easily -- it often doesn't require much more effort than a search to find the website that has information, if Google doesn't index it itself. No driving across town or writing a letter and paying a fee -- no digging through dusty archives or spending hours paging through the microfilm reader.

      You say "it should simply require effort," and what I'm saying is that Google is only the final link in a chain of digitized records that have made the retrieval of this information practically effortless. 99% of this reduction in effort is done by the people who serve up the information on publicly accessible sites, in most cases. Google is just providing the final link... and if they don't do it, somebody else will. If it's illegal for Google to index people convicted of pedophilia or fraud or whoever, don't you think other sites will pop up to aggregate that data for all the people who want to know that information?

      Which again leads me to my original point -- if the information is truly so inflammatory that it defames someone's character unfairly, the law should allow deletion from anywhere the public could simply access it with a few keystrokes. Otherwise, it isn't actually going to achieve your goal that "it should simply require effort."

      I'm not saying the present law does nothing -- Google is widely used, and this will make some difference. But let's wait 10 years and see how this plays out: I sincerely doubt that this ruling is going to do what people think it will. Either it will only be a superficial fix, not really addressing the real problem, which will be circumvented over time, or the ruling will have to be "beefed up" to take more extreme data protection measures that frankly would have to be rather scary to be effective in accomplishing this task.

    15. Re:US by Zironic · · Score: 1

      I think that much of your confusion comes from this idea of responsibility. It's not that google did anything wrong by indexing the information in question, google is still free to index anything relevant just like newspapers are free to publish anything relevant.

      When someone is sentenced by court, the newspaper is allowed to publish that information and google is allowed to index it, someone googling that information at that point in time is supposed to be able to find that information. Some years later when that sentencing is no longer relevant the newspaper is still out there and can be accessed in archives, however the information is no longer to be actively published. This is the point in time where people are now allowed to require google to stop indexing that content.

    16. Re:US by AthanasiusKircher · · Score: 1

      I think that much of your confusion comes from this idea of responsibility. It's not that google did anything wrong by indexing the information in question

      Umm, I think you're the one who is "confused." Let's assume some good faith here, huh? I'm NOT the one making any claim that Google is responsible. Again, here is the quotation I originally was responding to in the OP:

      The problem with Google is that they are clearly assuming that US law/mindset should operate worldwide. Google need to get over themselves and make sure their information retention follows the same rehabilitation law that exists already to protect the rights of ex-offenders, for a very good reason.

      It was the OP who was overly concerned with Google's "assumptions" and apparent motives adhering to a "US mindset" or whatever. I was just responding to that.

      When someone is sentenced by court, the newspaper is allowed to publish that information and google is allowed to index it, someone googling that information at that point in time is supposed to be able to find that information. Some years later when that sentencing is no longer relevant the newspaper is still out there and can be accessed in archives, however the information is no longer to be actively published. This is the point in time where people are now allowed to require google to stop indexing that content.

      I'm not an idiot. I understand perfectly well what the court ruling says, and I actually agree that it is a good first step. What I'm saying is that it won't actually work, as long as the information is "actively published" somewhere (as you put it) -- and if it's easily available through a hyperlink on the web somewhere, it's basically still "actively published."

      As someone else put it in a post elsewhere in this thread, it's sort of like saying piracy is legal, but the Pirate Bay can't link to it. Somebody else will link to it... and if you stop them, somebody else will... and if you stop them, somebody else will aggregate information together in a database elsewhere online... and if you stop them... well, you get the point.

      To use another comparison, as long as the information is still on the internet, it's like somebody plastered posters screaming "X is a pedophile" and "Y is a pedophile" and whoever else in various corridors in a public train station. Somebody else created a directory and posted it at the entrance to the train station, so you could find the exact corridor and location where the posters are for any particular person.

      This court ruling says we have to tear down the directory. But the posters are still there, hung prominently in a very public place. Surely if they are truly defamatory, we should be worried about taking the posters down from easily accessible public view, not just about destroying the directory.

      If we require online newspapers to actually put stuff in an "archive" that can't be externally linked with individual internal records, maybe you START to get close to the idea you're supporting. But most online media isn't like that, and even if we required that, could we stop bloggers from republishing crucial details, or would that constitute defamation? What if those bloggers are in another country? And, besides, just about anything that appears in any prominent media is reiterated in 5 times as many other links that archive stuff or provide short snippets or whatever. Must Google delink all of those? What about the new ones that pop up next week? What about all the dozens of other reasonably comprehensive search engines?

      Again, I'm absolutely in agreement with the idea that privacy SHOULD be protected, and I think the kinds of privacy standards you're mentioning are perfectly reasonable. I just don't think there's any chance at all that this will be a successful strategy, given the nature of the internet. And in a few years (if not sooner), we're going to have to confront the reality that either we have to give up the "right" you want to claim, or we need to impose much more draconian regulation to actually make it work.

    17. Re:US by Zironic · · Score: 1

      It will work at achieving what it is trying to achieve. You appear to be under the impression it is intended to prevent people from finding the information if they are looking for it. It is not.

      It is simply intended to prevent the information from following you around. To prevent people from finding it when they're not even looking for it.

    18. Re:US by Anonymous Coward · · Score: 0

      As soon as you accepted that "we the people" embody sovereignty, you accepted a collectivist state. Eminent domain, national security, forfeiture - these trump any so-called inalienable rights. Your right to hold and dispose of private property is subordinate.

    19. Re:US by Anonymous Coward · · Score: 0

      Well as you clearly have no idea what you're talking about, I believe it is probably best you do not comment.

      Spent convictions do not need to be declared unless the roles are exempt – which must be declared, including:
      Chartered Accountant
      Certified Accountant
      Actuary
      Employment providing investment, insurance or other financial service
      Barrister (or advocate in Scotland)
      Solicitor
      Legal executive
      Medical practitioner
      Dentist
      Nurse
      Midwife

      Always happy to help

    20. Re:US by NoOneInParticular · · Score: 1

      You're wrong here. Google doesn't blindly index. It ranks information, adding a subjective measure of worth to the information. That's why they make money, and that's why they are targetted by this legislation.

    21. Re:US by NoOneInParticular · · Score: 1

      Google ranks the info, making some stuff come out on top, and some stuff at the bottom. That's Google's claim to fame, and that's why they are targetted. Nobody would care if they would work like a phone book, as the info people want to remove cannot be found. They make it appear on the first page, and that's the problem.

  8. The problem with this... by LordLucless · · Score: 1, Interesting

    The problem with this "right", is that another way of stating it is "the right to reach into every computer in the planet and delete anything about you".

    Not only is that right a violation of other people's property rights, it's pragmatically impossible to actually implement.

    --
    Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    1. Re:The problem with this... by Anonymous Coward · · Score: 1

      > "the right to reach into every computer in the planet and delete anything about you".

      No, not remove from computers, remove from the publications that the owners of the computers decided to put online. They can keep the data, just not expose it blatantly. Note that the procedure does not apply to newspapers and libraries (like the Internet Archive) which provide obsolete content for a reason.

      > it's pragmatically impossible to actually implement.

      What is impossible about it? If you were obliged to monitor your own content an pre-emptively remove it, that would be impossible. Here it depends on particular requests just like DMCA request in the US. Just when you receive one request, you decide if you remove or not, and you provide an answer. Obviously, it applies only to businesses willing to make money in Europe, like Google does. If you put some data in a self-hosted blog in Somalia, nobody's going to ask you to remove it, but that's also because almost nobody in Europe even knows about your server, and your're not doing any business in Europe.

    2. Re:The problem with this... by Anonymous Coward · · Score: 0

      Your notion is as dumb as the idea that this somehow mandates erasing people's memories. It doesn't.

    3. Re:The problem with this... by Anonymous Coward · · Score: 1

      > the right to reach into every computer in the planet

      So what. Just as you have no right to store child pornography, you have no right to store information about me. That is what this is about. Your data is not your data. That concept is a very American one that is just wrong. I have the right to force you to delete anything from your computer that is about me. The only catch here comes with criminal investigations. Also, deleting my data off of your computer should be done at your cost. You assumed that liability by intentionally deciding to have one of those things.

      The more governments cost companies and individuals to store data, the less data they'll store. It's a win-win situation. So, go take your childish American "but it's my data" attitude and go fuck yourself. The public owns your computer.

  9. this issue really hits a sore spot with me.. by Connie_Lingus · · Score: 2

    i just do not get this.

    as someone who battles on a daily basis with the sins of my past ( nowadays even women i try to date run criminal background checks ), i don't see how this effort is going to really help anyone.the way they think it is.

    there are all sorts of FREE sites that dish the public information that these people are trying to block Google from aggregating, and the moment these privacy invaders realize Google no longer is a valid source for getting the info their paranoia craves, they will find another site that does.

    you are living under a proverbial pre-interwebz rock if you think this Google opt-out form is going to prevent the people are are interesting in screening and snooping from learning things from your background like felony convictions and such.

    --
    never bring a twinkie to a food fight.
    1. Re:this issue really hits a sore spot with me.. by jareth-0205 · · Score: 2

      And I just don't get what all the opposition is about... it's not a perfect solution, but since people haven't come up with a perfect solution I am quite happy to go with a change that *helps*.

    2. Re:this issue really hits a sore spot with me.. by Anonymous Coward · · Score: 0

      It's not public information. Nobody* can get my criminal record without my explicit written consent. Not my lawyer, not my employer, and certainly not some random girl who may or may not be interested in dating me.

      Now, if there was a 20 year old newspaper article reporting that I was accused of some heinous crime, I'd want it hidden from anyone who doesn't already know it exists (since obviously, me getting acquitted is far less likely to have made the news)

      Is that really too much to ask for?

      * except except a judge, obviously

    3. Re:this issue really hits a sore spot with me.. by kthreadd · · Score: 0

      You can always ask for information to be removed. You don't need a law for that. But this has to remain a privilege, not a right. The free exchange of information is much more important than yours or mines interest in keeping that information hidden.

    4. Re:this issue really hits a sore spot with me.. by mmell · · Score: 1
      The thing is (if I've understood this correctly) they (the other publicly available information sources) will also be bound by the "right to privacy".

      This will probably result in a new industry - private, pay-for-play sites which provide the same information. It's not freely available, and one line in the TOS to the effect that the information gathered there is not to be published or disseminated should cover the pay site's interests nicely. The data will be available to paying customers only, making it much harder for an individual to find out exactly what is being said about him or take action on that information.

      It will also cause people performing such individual searches to improve their Google-fu. As you've pointed out, the actual websites with the actual information will still be out there. It'll just take a little more effort to make Google return the desired information. Instead of searching on a proper name, people will learn how to directly search the resources for which Google is filtering the results.

      Lastly, it could spur the creation of specialized search engines with web infrastructure hosted in, say, Nigeria. Not a bad idea actually - they could call it 419-411.com. No European legislation could touch them - after all, without Nigeria how would I ever have learned about an opportunity to make $4.9 million in return for helping to get the money out of the country?

      The Europeans are playing 'cat and mouse' with a gorilla - a very smart gorilla, I might add. Regulating search engines is the most obvious way to attack this issue at a centralized point, but as you've pointed out the data will still be out there on one or many more other loci; only now it'll take more effort to identify all of the places where that data exists.

      Now I'll just sit back and wait for my fanboi to post his response here. This is certainly a subject near and dear to his heart.

    5. Re:this issue really hits a sore spot with me.. by Connie_Lingus · · Score: 1

      The Europeans are playing 'cat and mouse' with a gorilla - a very smart gorilla, I might add. Regulating search engines is the most obvious way to attack this issue at a centralized point, but as you've pointed out the data will still be out there on one or many more other loci; only now it'll take more effort to identify all of the places where that data exists.

      you put what i was trying to say in a much more eloquent way than I...bravo...i couldn't agree more.

      --
      never bring a twinkie to a food fight.
    6. Re:this issue really hits a sore spot with me.. by Anonymous Coward · · Score: 1

      The "You can't win, so don't even try"-attitude seems to be quite popular nowdays.

    7. Re:this issue really hits a sore spot with me.. by AmiMoJo · · Score: 2

      there are all sorts of FREE sites that dish the public information that these people are trying to block Google from aggregating

      Not in Europe. Credit agencies are strictly controlled (the original case was a guy who was bankrupt years ago). Criminal records are not public information. Employers can ask the police to confirm what you tell them about any criminal record, but if the conviction is spent you don't have to tell them about it and that's that.

      More over commercial entities are not allowed to store data about an individual unless they have some genuine reason to, and only for a limited period of time. The individual has the right to request corrections, or to see what the information is.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    8. Re:this issue really hits a sore spot with me.. by Anonymous Coward · · Score: 0

      Thing is, you've got to start somewhere to get the rules of the game changed.
      Google is the big target.
      They have the money to implement this and make it work.
      Then you'll start getting some takedowns of bodgy rumour sites, some nice exemplary finds imposed on slow movers, and then we'll finally be better off.

  10. Pedophiles no worse than others by LoRdTAW · · Score: 5, Insightful

    What is with this obsession for using pedophiles to justify the erosion of rights and privacy? No, don't answer that, it was a rhetorical question.

    Pedophiles are no worse than rapists, murderers and other criminals that cause physical harm to others. In fact I would rate them as a lower threat than murderers. How come we consider pedophiles so reprehensible that we go out of our way to ruin their lives forever yet we don't think twice about doing the same for a murderers or serially violent criminals? Should I have the right to know if my neighbor was in jail for killing someone? Shouldn't I be aware that someone in my neighborhood was jailed for beating a man to within an inch of his life? They don't respect life any more than a pedophile.

    And the most idiotic aspect of registering sex offenders is we just lump everyone together. Sex offences can be everything from getting caught pissing on the bushes (your willy is hanging out), mooning someone (yes it is indecent exposure), a 16 y/o having consensual sex with an 18 y/o (statutory rape), right up to full blown violent 1978 "I spit on your grave" rape. So registry maps are full of useless noise.

    Lets take it a step further and also make public a list of people who have: been arrested for drug possession, burglary, prostitution, and assault. This way we can all live in fear of our neighbors. Sounds great right?

    I realize the EU is probably different than the US but every time this crap rolls around idiots start yammering about pedophiles and children.

    1. Re:Pedophiles no worse than others by IT-newb · · Score: 1

      I concur. The legal definition of a sex-offender is way too over-broad to be of any use to law enforcement.

    2. Re:Pedophiles no worse than others by Anonymous Coward · · Score: 0

      So perhaps the real question is: who, or what, benefits from the laws as they are written? No law happens by accident....

    3. Re:Pedophiles no worse than others by Anonymous Coward · · Score: 0

      If I had mod points I would mod you up.
      I agree completely with everything you said.
      Even down to the AMBER alert thing.
      Every time I see shows about abducted children it starts off with: "we never thought it could happen in a safe neighborhood where all the children run around unsupervised".
      What kind of retards are these people?
      I *never* played out on the road unsupervised.
      Not because I lived in a shitty neighborhood full of rapists, but because you need to look after your god damn kids.
      Kids do stupid shit all the time. They get lost, walk in front of cars, follow strangers.
      Just because you feel like the world owes you a carefree life doesn't mean that that's how it works out.

    4. Re:Pedophiles no worse than others by Anonymous Coward · · Score: 0

      The children!

    5. Re:Pedophiles no worse than others by Bite+The+Pillow · · Score: 1, Interesting

      I'm going to spend some time on this, so you would do well to read along. You have a knee-jerk response which strays from pedophiles to sex offender registry to argument ad absurdum, and it's not even clear if you point is "I'm a raging pedophile and don't like being singled out", or more likely "I'm on the sex offender registry for peeing in a parking garage", or if you are making some point about privacy. So here's everything you need to know, so that you can make a more coherent post next time.

      "Pedophile" covers a range of people from passively being infatuated with young people, to collecting pictures of them naked, pictures of them in sexual positions, pictures engaged in sex, falling in love with them in real life, having sex with them, and taking pictures of themselves having sex with young people. Videos could be involved too obviously.

      When a "pedophile" is arrested and news happens, it is usually because they were on the far end of the list. Rarely, a "pedophile ring" is busted which contains sexual images, which is usually reported with a count of pictures of children engaged in sex acts. I have never seen a "pedophile ring" busted where the only offense was being attracted to children, which is the definition of the word.

      When you say pedophile, you could mean anyone across this spectrum of child love. But most people don't mean that. They mean someone who hasn't had the opportunity to move further towards raping 3 year olds. Someone with 3 images of a 14 year old naked should have a different description to differentiate from the 3 year old raper, but they are both sex offenders and pedophiles to the news and to the general public.

      And it is all because of the same reason. We are not comfortable admitting that a man can find a 17.9 year old sexually interesting, and that it is normal and healthy, despite being 37 days away from being legally sexually attractive. And we can't talk about ephebophilia, which is sexual interest in girls who are physically mature but (maybe) not mentally so, and certainly not legally. No one can broach this subject without risking the label "pedophile", which by definition is not correct.

      It is such a hot button topic that we can't even state facts, such as the definitions of words, or attempt to distinguish among the many levels of "wrong" involved. Note, I'm not suggesting in any way that ephebophiles be given leniency, I'm just pointing out that the two philias are different, yet treated with the same level of hate. And again, it's because it is a hot topic, and we can't even say the words without someone essentially saying "make it stop" - by which they mean stop talking about it, make it illegal, throw those people in a dungeon, you're making me uncomfortable.

      To your argument here, pedophiles are both worse than, and not as bad as, rapists and murderers et al, because they could be anywhere on the spectrum and still qualify as a pedophile. If you develop the trust of a child and have sex with that child, it could be way more damaging than a random one-time attack by a stranger. Night after night, associating certain sounds or words or smells with being raped and not understanding why you don't like it when someone loves you - this can ruin the entire social interaction for life without years of intensive therapy, and even then not completely go away.

      As someone infatuated with, or collecting pictures of, young people, they are certainly not as bad as rapists or murderers. When they cross the line to taking pictures, it kinda depends. I'm going to say there are probably exceptions, but crossing the next line to having sexual interactions is almost always going to be worse than "regular" rape. On a value scale, leaving someone alive but scarred is better than ending their life completely, but people will give a lighter sentence to the killer of a drug kingpin compared with a child rapist. Why? Because children are innocent and pure, and that goes way deeper than mental comprehension. It is a gut reaction that

    6. Re:Pedophiles no worse than others by NeutronCowboy · · Score: 0

      Pedophiles are no worse than rapists, murderers and other criminals that cause physical harm to others.

      Actually, they are. A murderer does not create a new murderer with his victim. Someone who shoots someone else in a spree might create PTSD, but generally does not fundamentally alter the person they harm. Pedophiles, when they act on their desires to rape children, do it generally more than once, and leave behind a train wreck of a person that will take decades to get over the trauma, if they ever do.

      With murderers, the crime ends with the act. With child abuse, the crime frequently self-perpetuates in the victim.

      And the most idiotic aspect of registering sex offenders is we just lump everyone together.

      That's undeniably the worst aspect of current sex offender lists.

      Personally, I was hoping that Google ushers in a whole new sense of what people are like: we're all sinners, we have all broken rules, and the only thing that matters is whether we persist in those crimes, and what those crimes EXACTLY where. Instead, people persist in hiding issues, going to great lengths to not face their own past or stop judging others.

      --
      Those who can, do. Those who can't, sue.
    7. Re:Pedophiles no worse than others by Raenex · · Score: 0

      Even down to the AMBER alert thing.
      Every time I see shows about abducted children it starts off with: "we never thought it could happen in a safe neighborhood where all the children run around unsupervised".
      What kind of retards are these people?

      Many of these cases involve a parent with legal visitation rights who takes off with the children. But congratulations on feeling superior to people who have been victimized by crime.

    8. Re:Pedophiles no worse than others by Raenex · · Score: 1

      I'm going to spend some time on this, so you would do well to read along.

      I stopped reading here.

    9. Re:Pedophiles no worse than others by Anonymous Coward · · Score: 0

      The children!

      Expected ideological auto response. Leave brain at door.

    10. Re:Pedophiles no worse than others by Anonymous Coward · · Score: 0

      With child abuse, the crime frequently self-perpetuates in the victim

      While it is true that many abusers experienced some sort of abuse themselves, it is simply not true that the majority of victims go on to become abusers. These relationships are not that simple, as much as the ideology wants these to be. And then there's these loaded, selective, ocean-wide definitions of "abuse". Butt cheek stroking? Come on! In the US many still encourage parents to beat their children on their butts - legally! There's hands, canes, straps, an assortment of bizarre approaches to discipline which are supposedly all fine. Now how weird and inconsistent is that?

      but generally does not fundamentally alter the person they harm.

      What!?? They are dead! You are nuts, are part of the problem, and have no sense of proportion. No sense of proportion in the law is tantamount to fascism.

    11. Re:Pedophiles no worse than others by Anonymous Coward · · Score: 0

      Pedophiles have much, much higher recidivism rates than murderers. The end.

  11. is it a right? by steak · · Score: 1

    the remembered have no control over the rememberers remembering.

    1. Re:is it a right? by Rosco+P.+Coltrane · · Score: 1

      Exactly. If you fill out a form to ask Google to forget about you, all that'll happen, most likely, is that Google will have another piece of information about you - that you don't want information about you to be made public.

      Sure they'll remove stuff about your from their search results, but rest assured *they* won't erase anything. Information on people is much too valuable to waste, just because something as trivial as the law says they must delete it.

      Who's gonna check that they complied eh? Is that even possible?

      --
      "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    2. Re:is it a right? by Anonymous Coward · · Score: 0

      Who's gonna check that they complied eh? Is that even possible?

      Google it

  12. How is the problem the search engine... by Anonymous Coward · · Score: 0

    ...and not the website hosting the information?

    1. Re:How is the problem the search engine... by Chrisq · · Score: 1

      ...and not the website hosting the information?

      Because the search engines have operations and sales in Europe, and so can be made to comply, some of the hosting sites may be outside the European court's jurisdiction. Also its an easier shot than a newspaper, which probably has lawyers ready and well versed in public interest arguments - and would almost certainly publish about their success as well as reminding people about the original incident if the succeeded.

  13. Supporters are Delusional by Anonymous Coward · · Score: 0

    I heard a supporter of this law on a radio report saying he'd be surprised if Google got more than "a few hundred" requests. Complete lack of logic on this one.

    1. Re:Supporters are Delusional by Chrisq · · Score: 1

      I heard a supporter of this law on a radio report saying he'd be surprised if Google got more than "a few hundred" requests. Complete lack of logic on this one.

      Ridiculous, just think of the number of paedophiles, Muslims convicted of supporting terror, corrupt politicians, and business men fined for sharp practice that there must be in Europe.

    2. Re:Supporters are Delusional by Anonymous Coward · · Score: 0

      I heard a supporter of this law on a radio report saying he'd be surprised if Google got more than "a few hundred" requests. Complete lack of logic on this one.

      Ridiculous, just think of the number of paedophiles, Muslims convicted of supporting terror, corrupt politicians, and business men fined for sharp practice that there must be in Europe.

      So you want to deny all of these categories, and no doubt many more, any chance of rehabilitation and re-integration into society? It is a fallacy that all pedophiles cannot be helped to control their urges - many obviously do, since in some studies many adult males experience such urges at some time but do not offend.

    3. Re:Supporters are Delusional by Chrisq · · Score: 1

      I heard a supporter of this law on a radio report saying he'd be surprised if Google got more than "a few hundred" requests. Complete lack of logic on this one.

      Ridiculous, just think of the number of paedophiles, Muslims convicted of supporting terror, corrupt politicians, and business men fined for sharp practice that there must be in Europe.

      Ideally they would have a chance to add notes so you could make up your own mind, such as "I've stopped child molesting after being released in 2008", "I am no longer a Muslim", "Honestly I thought the brown paper envelope full of cash was a campaign donation and I hadn't got round to recording it", etc.

      So you want to deny all of these categories, and no doubt many more, any chance of rehabilitation and re-integration into society? It is a fallacy that all pedophiles cannot be helped to control their urges - many obviously do, since in some studies many adult males experience such urges at some time but do not offend.

  14. Cool story bro by Anonymous Coward · · Score: 0

    Cool story bro, almost interesting.

  15. Fail by Anonymous Coward · · Score: 0

    I don't understand this. I mean, Google doesn't actually forget anything. They just accept to stop displaying some search results.

    I repeat: Google doesn't actually forget anything.

    They are not complying with the law.

    Trials will ensue!

    1. Re:Fail by Impy+the+Impiuos+Imp · · Score: 1

      I would be mad here in the US, if Google "forgot" these things. Cancel search results for Europeans, but you better return full European results to US Googlers.

      Fuck censorship regimes. Yes, even populist ones.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    2. Re:Fail by kthreadd · · Score: 1

      I'm mad here in the EU. I hope google.com will be unaffected of this nonsense.

  16. "Right to be forgotten"==Opression by Maudib · · Score: 1

    "The right to be forgotten" requires a great imposition on others. If I observed you in a cafe, what would it take for you to assert your right to be forgotten? Why is it any different in the case of a group of individuals or a corporation?

    My memory of you is part of my identity, something you have no right to.

    1. Re:"Right to be forgotten"==Opression by Anonymous Coward · · Score: 0

      Straw man. Your memory is not broadcast globally over the internet.

  17. The pedo's problem is easy by istartedi · · Score: 1

    The pedo's problem is easy. He has no right to be forgotten. When you commit a crime and are properly convicted, you give up some rights. At least that's how it is in the US. If you're a felon you lose the right to vote, bear arms, etc. even after you're out of prison. You might be able to get them back, but they're no longer rights. You have to work to get them back.

    So. If Europe has any laws about sex offender notification they should trump the right to be forgotten. If they don't have such laws, they should fix their (legal) code fast.

    --
    For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
    1. Re:The pedo's problem is easy by Anonymous Coward · · Score: 0

      And if the pedo keeps receiving harassment and being a pariah, they'll eventually find you and get vengeance for your vociferous advocation of such a dangerous viewpoint, because the most dangerous human is the one that has no hope and nothing left to lose. Pedos that are on their last thread of sanity due to the abuse of people like yourself may one day end up taking people like you out while they're on the way down the slide to eternity. There is not enough risk involved in today's society when you willingly and happily destroy the life of someone else; the fact that you can state this opinion without being harmed is a testament to the decency of existing pedos.

    2. Re:The pedo's problem is easy by Anonymous Coward · · Score: 0

      So: you say exclude them from society via google - forever - and block any attempt to rehabilitate or reintegrate into society, which could help provide the identity strength they need to resist re-offending? Then they have nothing to lose. That puts more children at risk. But it's ok for other kinds of criminals to rehabilitate? You haven't read *any* of the arguments against this, have you?

  18. Forgive, not forget by Chelloveck · · Score: 1

    In general I disagree with the idea of a "right to be forgotten". Rather than trying to "forget" the past pretend that all that embarrassing and/or illegal stuff never happened, how about if we all grow up and, as a society recognize that people do dumb shit and can actually change over time. You shouldn't have the "right" to track down and burn all the copies of photos of you smoking weed that you happily plastered all over your Facebook page when you were in college. It happened, and if someone still has evidence you can't compel them to hide or destroy it simply because it's embarrassing now. It would be so much better for all of us to realize that opinions, attitudes, and behaviors change over time; we learn from mistakes, and hopefully don't commit them again. Own up to it, and cut others some slack if they did dumb stuff of their own a decade ago.

    --
    Chelloveck
    I give up on debugging. From now on, SIGSEGV is a feature.
  19. This could promote search engine diversity! by anwyn · · Score: 1
    Google probably has to attempt to comply with this law. It has extensive operations in Europe. That will probably result in a lot of information that people would like to have being unavailable through Google. This will probably include a lot of legitimate info, as misusers learn how to game the system.

    On the other hand, DuckDuckGo, appears to be a US only operation. Because of the SPEECH Act, DuckDuckGo could probably ignore European demands. A judgement against DuckDuckGo would be difficult to enforce. (I am not a lawyer, get your own. This is political, social analysis, not legal advise.)

    Who knows what DuckDuckGo will decide? But if DuckDuckGo does not some other US search engine will. European advertisers would have to pay in advance.

    The end result could be some a migration away from google's search engine.

  20. even former criminals have rights by Tom · · Score: 4, Interesting

    What a setback to stone-age ethics.

    What happened to "having paid your debt to society" ? Stop listening to the prison industry.

    Also, "30% were about pedophiles" doesn't tell you anything. Quite a few accusations into that direction are false, sometimes mislead and sometimes intentionally fraudulent, because there's no easier way to ruin a man's life than having his face in the papers with the word "pedophile" next to it. And more often than not, when the court case reveals that everything was made up and doesn't have one leg to stand on, the papers won't report that on the front page. And if someone googles for it, they are much more likely to find something saying you are a pedophile than the tiny page-20 posting that said actually no, you aren't.

    If you're wrongly accused of a crime, you absolutely have every right to have that forgotten. In fact, this is probably the prime example as to why we need such a right.

    --
    Assorted stuff I do sometimes: Lemuria.org
    1. Re:even former criminals have rights by kthreadd · · Score: 1

      I completely understand that a lot of people rightfully wish to have some things removed. The problem is the risks that is included with this kind of legislation. Being able to demand that public information about you is removed solely because you don't like it is a gigantic door-opener for all kinds of future abuse.

    2. Re:even former criminals have rights by Tom · · Score: 1

      Are you for real?

      What kind of "abuse" are you imagining here? The proper procedure for judging people is a trial and a courthouse, not the Internet. And negative stuff about people on the Internet has a roughly 50/50 chance of being made up anyways.

      --
      Assorted stuff I do sometimes: Lemuria.org
    3. Re:even former criminals have rights by mysidia · · Score: 1

      What happened to "having paid your debt to society" ? Stop listening to the prison industry.

      No they haven't. They've only completed their official sentence, and they are getting a second chance to live in society, BUT in most cases, felons have committed some irreparable harm.

      If you're wrongly accused of a crime, you absolutely have every right to have that forgotten.

      No... definitely not. People definitely have a right to remember. They also have a right to believe you were guilty and share that fact with others in the community, which adversly affects the reputation of alleged criminals, if their allegations are believed.

      Oh, there are plenty of criminals, fraudsters, scammers, and dishonest folks who are never formally convicted of anything. This does not mean they are not dangerous.

      People have a right of free speech to air their complaints and not have them arbitrarily suppressed, just because it is inconvenient for the subject of the complaints or poor reviews.

    4. Re:even former criminals have rights by PaddyM · · Score: 1

      How are you going search for the sites which right now are publishing untrue criminal accusations about Slashdot user Tom (822) and sue them for libel and/or defamation? Thanks to the so-called "right to be forgotten", you can't use google. So how will you find those sites?

    5. Re:even former criminals have rights by Tom · · Score: 1

      Whatever you're smoking, I strongly recommend doing less of it. Nothing of what you just posted there makes even the slightest bit of sense.

      --
      Assorted stuff I do sometimes: Lemuria.org
    6. Re:even former criminals have rights by Tom · · Score: 1

      No they haven't. They've only completed their official sentence, and they are getting a second chance to live in society, BUT in most cases, felons have committed some irreparable harm.

      Ladies and gentlemen, welcome to 2014 ... B.C.

      Oh, there are plenty of criminals, fraudsters, scammers, and dishonest folks who are never formally convicted of anything. This does not mean they are not dangerous.

      There are also plenty of innocent folks who are accused and sometimes even convicted of a crime, and only years, sometimes decades later their innocence is proven. Their life has already been ruined once, now you want to keep ruining it? Nice attitude.

      People have a right of free speech to air their complaints and not have them arbitrarily suppressed, just because it is inconvenient for the subject of the complaints or poor reviews.

      It's not "inconvenient" you imbecile. When you're false accused of something like pedophelia, your life is fucking destroyed. The absolute least we can do for these victims is to stop the lies from perpetuating.

      --
      Assorted stuff I do sometimes: Lemuria.org
  21. GL by Anonymous Coward · · Score: 0

    The internet forgets nothing.

  22. forget about it by frovingslosh · · Score: 1

    I think that we should first start observing the "right to be forgotten" by forgetting about anything these petitioners say.

    --
    I'm an American. I love this country and the freedoms that we used to have.
  23. It that strawman by publiclurker · · Score: 0

    is the bast that you can come up with, then you should probably remain quiet and think hard about things.

  24. Useless at best by Nikademus · · Score: 1

    What is this intended for?
    So, let's assume your submit the form to google and you are successfully removed, what does happen??

    You are a EU citizen, and anybody using any Europe located IP, will not see the info you wanted to be removed in a search they do. Cool, so you won't see yourself appearing on the pages you search for...
    Except that...
    People outside Europe will still see relevant results without any problem. The info is not removed or blacklisted in google, it just doesn't appear into european search results. Use a proxy anywhere else, and you will see the results you wanted to be removed.

    This is at best 100% useless, as it's trivially bypassed....

    --
    I gave up with the idea of an useful sig...
  25. Will Google.com in US be affected by emakinen · · Score: 1

    Will Google forget european results for US customers as well? If I use Tor from EU with exit node in US, and do a Google.com search, will they censor the results?

    1. Re:Will Google.com in US be affected by mysidia · · Score: 1

      Will Google forget european results for US customers as well? If I use Tor from EU with exit node in US, and do a Google.com search, will they censor the results?

      They MUST delete the results. The court doesn't say they can retain the data but just suppress display of it for Europeans, they're required to actually delete all the copies of the data, which means they aren't allowed to present the results anywhere.

    2. Re:Will Google.com in US be affected by pr100 · · Score: 1

      It's not at all clear that this is want Google plan to do. The BBC are reporting that google.com will not be affected. Whether the Google Spain ruling actually says what you say it does is not clear. The judgment says (at para 88) " the operator of a search engine is obliged to remove from the list of results displayed...". There's nothing in the decision that specifically addresses deleting copies of data.

    3. Re:Will Google.com in US be affected by pr100 · · Score: 1

      err typo: "what Google plan to do"

  26. An obituary is called for by Anonymous Coward · · Score: 0

    Because the effect of all those requests will be costs, and those costs will in turn require action on the providers to police themselves and the content. Fear of suits and massive fines will mean more filters, more takedowns and less web. The Internet, born in the USA 1969, killed in Europe 2014. R.I.P. and Sieg Heil das Euro-Macht!

  27. judge a person based on what they did by frovingslosh · · Score: 1

    Are you for real? I have to make judgements about people all of the time, pretty much everyone not living as a hermit does. I don't have the luxury of dragging them to a courthouse and putting them in front of a jury when I need to make those judgements. If we can't base those judgements by what kind of a person have they been, what do you suggest? Perhaps some of the old fallbacks, like the color of their skin or how much they profess to love god?

    --
    I'm an American. I love this country and the freedoms that we used to have.
    1. Re:judge a person based on what they did by Tom · · Score: 1

      If we can't base those judgements by what kind of a person have they been, what do you suggest?

      Going by facts instead of rumours, you jerk!

      There is nothing simpler than accusing someone of a crime they didn't commit, and in the case of pedophilia, that is guaranteed to ruin a man's life and very likely to end his career. And now you want to judge him in the future as well, good job.

      You want to base your judgement of a persons character on Internet searches and on things that they did years ago, wtf?

      Have you heard about actually talking to people, and creating your own judgement from personal interaction?

      --
      Assorted stuff I do sometimes: Lemuria.org
  28. And then... by Anonymous Coward · · Score: 0

    They will post about their daily lives on facebook and twitter, which will just bring back everything about them on Google... GJ.

  29. Geeze, Louise..." by magusxxx · · Score: 1

    70 years ago it was "Never Forget". Now it's "Never Remember". Make up your mind, Europe! ;)

    --
    Care killed the cat, but satisfaction brought it back.
  30. Who decides? by jklovanc · · Score: 1

    Who decides what is "inadequate, irrelevant or no longer relevant"?

    The Court points out that the data subject may address such a request directly to the operator of the search engine (the controller) which must then duly examine its merits. Where the controller does not grant the request, the data subject may bring the matter before the supervisory authority or the judicial authority so that it carries out the necessary checks and orders the controller to take specific measures accordingly.

    Google would be required to rule on the voracity of the request or defend themselves in court. Do you really think that is Google's job?

    The main stupidity of this ruling is that it says that posting the information is OK.

    The AEPD rejected the complaint against La Vanguardia, taking the view that the information in question had been lawfully published by it.

    but Google has to remove references to it.

    On the other hand, the complaint was upheld as regards Google Spain and Google Inc

    So it is OK to post the information but not OK to facilitate the information being found. I find those positions in opposition.

    1. Re:Who decides? by Anonymous Coward · · Score: 0

      > Google would be required to rule on the voracity of the request...

      Such requests do get pretty hungry sometimes.

  31. I am an European citizen by Anonymous Coward · · Score: 0

    And I'll tell you the root causes of this "right" are a bunch of politicians et al. that want to be able to delete facts about themselves that would otherwise make them look bad. The ex-FIA president comes to mind with his photos at a sex party.But I can think of plenty politicians and friends that would like to hide a couple of run ins with justice, and a couple of photos with prostitutes of questionable age.

  32. Like blurred houses in Google Earth by cpghost · · Score: 1
    Some European countries' citizens are especially militant, when it comes to privacy. In Germany, Google Earth was forced to blur houses of everyone who wanted this. The result for Germany was twofold: one of the worst Google Earth experiences worldwide, because some many houses are blurred, and Google Earth abandoning Germany altogether (they didn't resume scanning smaller cities, so the coverage is much less than that of other countries).

    That's exactly what could happen to Google Search as well. The amount of people wanting to be erased from the index will grow exponentially, and that index will be mutilated beyond recognition up to a point where it won't be useful anymore. In the long run, I see Google dropping Europe as an interesting area altogether.

    --
    cpghost at Cordula's Web.
    1. Re:Like blurred houses in Google Earth by Anonymous Coward · · Score: 0

      Some people in Belgium also asked for this. It's a big risk though, tells thiefs you have things valuable to steal (or at least they seem to think that is the only reason to have your house blurred)

  33. This is a travesty by mysidia · · Score: 1

    "Right to be forgotten" REALLY means "Right to suppress other people's free speech, when they are talking about you"

    For example; if you were a fraudster or a criminal.... this implies you can now remove search results to hide this information, in order to be able to exploit more people and commit more crimes.

  34. Filter for EU searches. by MadMaverick9 · · Score: 1

    The links are not actually deleted from Google, but only filtered for searches done from the EU.

    So searches done from outside the EU can still see these links.

    So this is actually worse than what we had before. Now Google is filtering ... uh ... censoring search results for some countries.

    http://www.spiegel.de/netzwelt...

    From the internet this content but do not disappear with it. Also just Google users should get displayed the filtered results in the European Union. Users outside the Member States, ie approximately in the United States should continue to get displayed the complete hit list. In this case, Google will note the language setting of the user.

    Google Translate is bad, but you get the gist.

  35. Petition from George Santayana by PaddyM · · Score: 1

    I'd like this quote to be removed from its association to me.
    "Those who fail to learn from history are doomed to repeat it"

    I didn't quite say it that way and it seems irrelevant now.
    -- George Santayana

  36. Epic nonsense by Anonymous Coward · · Score: 0

    "Right to be forgotten" REALLY means "Right to suppress other people's free speech, when they are talking about you"

    If you believe that then presumably you also believe the analoguous situation with respect to murder:

    The "Right not to be murdered" REALLY means "Right to suppress other people's freedom of movement or action, when it's directed at you".

    It's a stupid interpretation because it misses the point that civilized countries try to protect their residents from harm, and the alleged "right to harm others" does not exist except in the heads of the mentally disturbed and completely delusional.

    1. Re:Epic nonsense by Anonymous Coward · · Score: 0

      No, what's really stupid is your completely disanalogous "analogous situation."

      Murder is not a right. Never has been in any decent civilization.

      Free speech (talking about what others have done, e.g.) is a well-established right. At least over here it is. Maybe not in barbaric Europe.

  37. We've always been... by n6kuy · · Score: 1

    ... at war with Estasia.

    --
    If you disagree with me on social issues, then it's pretty clear that you are a narrow-minded bigot.
  38. I Must Be Missing Something by sudon't · · Score: 1

    I feel I must be missing something because, wouldn't be better to petition the site actually hosting the content you object to, rather than the search engine that found it? I mean, wouldn't you next have to go to DuckDuckGo, and then to all the other search engines, and search engines of the future, to get them to remove the same results? Surely I'm not understanding this ruling? Maybe it's cached results of content, long gone, that they want removed? That's gotta be it. Right?

    --
    -- sudon't

    Air-ride Equipped

  39. All they did was alphabetize the data. by mmell · · Score: 1
    The sorting is done by an algorithm, not by a human pushing an agenda. If A-Z sorting or numerical sorting were in use it would be no different - it would still be data accumulated and sorted by a ruleset.

    Besides, this makes it easier for me to find the actual data about me that I might want to take action on. Sorta like the business directory portion of the phone book (A.K.A., the "Yellow Pages"). Let me guess - names like "AAA" and "ZZZZYZYZ" should be illegal because they produce an artificially ranked listing there, right?. And listing all auto mechanics in a section of that phone book called "Automotive Repair" - well, that's wrong too, eh?