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'Hidden From Google' Remembers the Sites Google Is Forced To Forget

Daniel_Stuckey (2647775) writes "Hidden From Google, the brainchild of a web programmer in New Jersey, archives each website that Google is required to take down from European Union search listings thanks to the recent court decision that allows people to request that certain pages be scrubbed from Google's search results if they're outdated or irrelevant. That decision has resulted in takedown requests from convicted sex offenders and huge banking companies, among thousands of others."

163 comments

  1. Now we just need a browser plugin... by Rei · · Score: 5, Insightful

    ... that takes the info from Hidden From Google and reinserts it back into your searches ;)

    --
    Fox: "I think we should call it... your grave!" Cast: "Curse your sudden but inevitable betrayal!"
    1. Re:Now we just need a browser plugin... by TapeCutter · · Score: 5, Insightful

      "...reinserts it back into your searches"...at the top of the page.

      Sorry but you have to be pedantic when gathering requirements.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    2. Re:Now we just need a browser plugin... by TechyImmigrant · · Score: 1

      "...reinserts it back into your searches"...at the top of the page.

      Sorry but you have to be pedantic when gathering requirements.

      Sorry, but you have to be pernickety when you're aiming for specificity.

      --
      I should use this sig to advertise my book ISBN-13 : 978-1501515132.
    3. Re: Now we just need a browser plugin... by Anonymous Coward · · Score: 0

      "...reinserts it back into your searches"...at the top of the page. ...should read:
      "...reinserts it into your searches..."

      Sorry, you don't need to be redundant to be specific.

    4. Re: Now we just need a browser plugin... by TechyImmigrant · · Score: 1

      "...reinserts it back into your searches"...at the top of the page. ...should read:
      "...reinserts it into your searches..."

      Sorry, you don't need to be redundant to be specific.

      Sorry, you don't need to be apologetic to be redundant.

      --
      I should use this sig to advertise my book ISBN-13 : 978-1501515132.
  2. Awesome! by dskoll · · Score: 3, Interesting

    I hope this makes people think twice before filing a forget-me request. It ensures they'll be remembered.

    1. Re:Awesome! by ShieldW0lf · · Score: 5, Insightful

      I hope this makes people think twice before filing a forget-me request. It ensures they'll be remembered.

      Perhaps you'll be the victim of slander and lose your career over a lie that is interesting enough to go viral where your vindication isn't and doesn't.

      --
      -1 Uncomfortable Truth
    2. Re:Awesome! by sumdumass · · Score: 1

      The vast majority of people will not know or remember to check that site out. At least not for a few years until someone shows them the 15th time. And it needs a path to search when submissions start adding up.

      But it sort of is redundant if your searching wide enough. For instance, Dr. Adam Osborne requested something to be forgotten. but if I search for George Osborne Islam, the story comes up in third result with the first two being about getting Google to hide it.

      So as long as enough details are known about what you are searching, I think the entire forget me thing is defeated before it starts.

    3. Re:Awesome! by AthanasiusKircher · · Score: 5, Interesting

      I hope this makes people think twice before filing a forget-me request. It ensures they'll be remembered.

      Perhaps you'll be the victim of slander and lose your career over a lie that is interesting enough to go viral where your vindication isn't and doesn't.

      THIS. All of the stories on this decision seem to be focusing on people who are clearly bad or did terrible things in the past.

      But our modern news and social media society on the internet archives all sorts of crap that isn't actually true, and never was true. But the salacious headline will always draw attention; the minor blurb on the back page will never be remembered when the charges are dropped or the person is acquitted or everyone just admits that it was a mistake.

      (Just to be clear: I don't think the EU decision will actually work, and TFA is proof of it. But we do have a real problem -- even if 95% of the claims made so far have been by people who committed horrible bad past acts, the real injustice is to the 5% who just got caught up in media attention for something that turned out not to be true, or even nowhere near as horrible as people claimed.)

    4. Re:Awesome! by asmkm22 · · Score: 0

      This is actually really cool. It has real Streisand Effect potential.

    5. Re:Awesome! by asmkm22 · · Score: 2

      And by all means, create a law to deal with that specifically. Just don't create a law that does that, AND is open for abuse by people simply looking bury their mistakes like they never happened.

    6. Re:Awesome! by TapeCutter · · Score: 1

      What was wrong with the existing legal remedies?

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    7. Re:Awesome! by sumdumass · · Score: 4, Insightful

      Lets not forget that you don't even need charges.

      http://www.cnet.com/news/pirac...

      Something like that could seriously place job promotions or prospects in jeopardy. If could ruin a legitimate business just with the controversy hanging out there associated with the name even though he was vindicated in the end.

    8. Re:Awesome! by Anonymous Coward · · Score: 2, Insightful

      > I don't think the EU decision will actually work, and TFA is proof of it.

      The goal of the EU ruling is not to erase the stories from the net. It is simply to make it harder to find, If the goal were to erase, they would require the site actually hosting the story to take it down, not just remove the entry in google's database.

      It used to be that we had a form of privacy due to our data being hard to find. Property ownership records in a cabinet at the local tax assessor's office, arrest records at the country jail, birth, death, marriage records at the town, etc. The information was still public but the effort required to access it was a significant barrier to abuse. It was a good trade-off between making the information public and protecting privacy.

      The EU is trying to approximate that balance. All the people who complain that it won't "work" are defining the problem wrong. It isn't a situation where black or white will work, but grey might.

    9. Re:Awesome! by Anonymous Coward · · Score: 0

      If you already know what the person wants to be forgotten, then what use is hiding it exactly? The goal here is to remove the results from the default results list so that people that don't already know about it won't get it as the first results and get a bad impression of the person.

    10. Re:Awesome! by AthanasiusKircher · · Score: 2

      > I don't think the EU decision will actually work, and TFA is proof of it.

      The goal of the EU ruling is not to erase the stories from the net. It is simply to make it harder to find

      Were you responding to me? If so, note I never claimed the goal was to "erase stories from the net." I simply said that it "won't work," and by that I mean it won't do very well at achieving its goal, which -- as you correctly note -- is to make stuff harder to locate.

      The EU is trying to approximate that balance. All the people who complain that it won't "work" are defining the problem wrong. It isn't a situation where black or white will work, but grey might.

      See, here's the problem. If TFA works, we basically have a database to find everything people have registered to be "forgotten." As I said, if this site continues to exist, then the EU ruling is ineffective: it only managed to get rid of some search engine links, while also facilitating a system where people who want to do even casual actual background checks know the second place to go. In effect, it makes it easier to find, if someone puts forth just a step beyond the minimal effort.

      For people who actually care about finding the details of someone's reputation, the ruling may thus make it easier to find information someone really wants hidden... which seems to be the opposite of the EU goal.

    11. Re:Awesome! by fustakrakich · · Score: 4, Insightful

      Perhaps you'll be the victim of slander...

      The words are nothing. You would be a victim of those who believed them. Everybody wags the dog in this argument.

      --
      “He’s not deformed, he’s just drunk!”
    12. Re:Awesome! by Trogre · · Score: 1

      You mean other than the fact they're a complete joke?

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    13. Re:Awesome! by Anonymous Coward · · Score: 1

      I hope this makes people think twice before filing a forget-me request. It ensures they'll be remembered.

      In a similar vein, we've ensured that leaked picture of your case of genital warts that you had taken down gets prominently republished next to your name, photo, age, race, marital status, sexuality, political preferences, full details of every time you got in trouble as a teenager, and all the other information you had worried people might use to discriminate against you. Because after all, rights to privacy and non-harrassment, and the ability to move on from your past, are as nothing compared to the sheer geeky titillation of watching someone's privacy be destroyed.

    14. Re:Awesome! by Mashiki · · Score: 1

      People would be better off "not existing" as a real identity in the first place, then they wouldn't have to worry about forget-me requests.

      --
      Om, nomnomnom...
    15. Re:Awesome! by Anonymous Coward · · Score: 0

      I'm guessing 99% of the requests were from Justin Bieber then.

    16. Re:Awesome! by aardvarkjoe · · Score: 3, Insightful

      You mean other than the fact they're a complete joke?

      Even if you believe that the be the case, how does another complete joke of a law fix anything?

      --

      How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
    17. Re:Awesome! by Anonymous Coward · · Score: 0

      Who said the law was intended to actually fix anything?

      This whole situation is a distractoin - it's a fake front to fix a fake problem that people that don't understand technology think needs to be fixed. And we will just add continuing layers of distraction until, like Law, Business, and Finances most people can't understand it and just stop caring. They will absolutely stifle us with ridiculousnous until we give up. That's how they work.

      [dons tinfoil hat]

    18. Re:Awesome! by Rich0 · · Score: 3, Interesting

      Agree, but fixing the root cause of this is MUCH harder than removing some search results.

      Heck, getting gay marriage legalized is probably an easier cultural change than getting people to treat information they hear with appropriate skepticism and giving people a chance. Actually, if we could fix that then getting gay marriage legalized would be a simple follow-on...

    19. Re:Awesome! by kwbauer · · Score: 1

      Unless the EU goal was only to add more regulations on top of the regulations they already had. Sometimes, I am convinced that the sole "goal" of a bureaucracy is to increase itself, regardless.

    20. Re:Awesome! by Anonymous Coward · · Score: 0

      A censor is someone who knows more than he thinks you should.

      These "forget me" requests are censorship, plain and simple.

      The fact that some people might be harmed by lies spread on the internet does not justify censorship, and it especially does not justify the censorship of relevant and pertinent data that might be embarrassing to those in power (which is exactly how this law will be abused). The right answer is a cultural adjustment that involves a healthy distrust of slanderous statements found on the Internet.

      Censorship is the last thing we need.

    21. Re:Awesome! by kwbauer · · Score: 1

      What an awesome example of 1) why the law is being used other than what it was advertised for and 2) why the law doesn't matter. Every time some one asks for an article, etc. to be un-indexed, an article gets written detailing that request and that article then gets indexed in a never ending cycle. Next we'l be having people demanding that NSLs be used for the un-indexing.

    22. Re:Awesome! by kwbauer · · Score: 2

      Yeah, because it sucks when people base their impression of you based on things you actually did.

    23. Re:Awesome! by Anonymous Coward · · Score: 0

      For people who actually care about finding the details of someone's reputation, the ruling may thus make it easier to find information someone really wants hidden.

      The success of that is in your own words - "who actually care" - it is about curtailing the casual, not stopping the determined. In the past, the determined could get all they needed by hoofing it to each brick-and-mortar data silo. Yes it is now easier for the determined, but it is harder for the casual. That's a win if you understand their goals.

    24. Re:Awesome! by Anonymous Coward · · Score: 0

      I hope this makes people think twice before filing a forget-me request. It ensures they'll be remembered.

      I hope this makes people think twice about how these kinds of laws get through the EU in the first place. Powerful people want to be forgotten. You have now prevented that.

      Good luck there, Jersey boy. You're gonna need more than a compiler and ad revenue to get out of this one. You just made a shitload of the wrong kind of enemies.

    25. Re:Awesome! by Charliemopps · · Score: 2

      I hope this makes people think twice before filing a forget-me request. It ensures they'll be remembered.

      Perhaps you'll be the victim of slander and lose your career over a lie that is interesting enough to go viral where your vindication isn't and doesn't.

      In other news, life sucks for the rest of us to.
      Can we make it illegal for ice cream to make me fat while we're at it?

    26. Re:Awesome! by Noah+Haders · · Score: 1

      I hope this makes people think twice before filing a forget-me request. It ensures they'll be remembered.

      Perhaps you'll be the victim of slander and lose your career over a lie that is interesting enough to go viral where your vindication isn't and doesn't.

      Hey shieldw0lf! If you're not careful about these sort of comments you'll get Santorum'd.

    27. Re:Awesome! by Anonymous Coward · · Score: 1

      Businesses shouldn't be using the Internet to do checks on applicants. All that should matter is if they can do the job, and any criminal activity they may have been convicted of within the past 10 years.

      Someone having sex on a crowded train shouldn't matter. What should matter is if they were convicted of said crime within the previous 10 years, and if they're applying for certain jobs where such actions speak to their character--train conductor.

      Just because someone commits a crime or does an ill-deed, doesn't mean they should end up jobless and homeless on the street.

      MAKE IT ILLEGAL for businesses to use certain resources in determine job eligibility, loan qualifications, etc.

      And for goodness sake, there's something called a retraction! News article got something wrong? Have them print a retraction or sue them for defemation.

    28. Re:Awesome! by tlhIngan · · Score: 1

      Businesses shouldn't be using the Internet to do checks on applicants. All that should matter is if they can do the job, and any criminal activity they may have been convicted of within the past 10 years.

      Someone having sex on a crowded train shouldn't matter. What should matter is if they were convicted of said crime within the previous 10 years, and if they're applying for certain jobs where such actions speak to their character--train conductor.

      Just because someone commits a crime or does an ill-deed, doesn't mean they should end up jobless and homeless on the street.

      MAKE IT ILLEGAL for businesses to use certain resources in determine job eligibility, loan qualifications, etc.

      And for goodness sake, there's something called a retraction! News article got something wrong? Have them print a retraction or sue them for defemation.

      So you solved the employment problem.

      Now what about the neighbour problem? I mean, you move into a new house in a nice neighbourhood, and one of the neighbours Googles you and finds you did something unsavory. Perhaps it was urinating in public. Or maybe it was a nasty divorce. Or perhaps you have a DUI.

      Well geez, now your neighbours starts spreading rumors and you're persona non grata in what is otherwise a nice neighbourhood. Perhaps one of them finds their lawn gnome stolen. Who's blamed? You. This is a VERY annoying way to live one's life, and the only way out is to move.

      Hell, any crimes of a sexual nature are "guilty". There's no innocence to prove - you will NEVER be found innocent even if the legal system says you're innocent.

      As for retractions - have you actually seen one? They're usually on the bottom of the page in a tiny corner of the page. Anyone searching is more likely to find the retracted article than the retraction. Even if they post a "This article has been retracted and is presented here for archival purposes. The retraction notice is here" link at the top.

      Oh, and 10 year old convictions? With Google, it doesn't matter it happened 10 years ago and you've gone clean. Think about it - if the only bad thing that went public was something 20 years ago, Google's going to bring it up as if it was new and fresh because that's all the information it has on you.

      If you want to know what "brand management" companies do, it's just that - making old stuff disappear by making more news that buries the old items that are no longer relevant. It's the only way to "hide" old stuff.

      And that's the real problem with the internet - it's got an infallible memory and if the only things it knows about you are bad things that happened decades earlier, that's what the internet will bring up on you. So either you have to exercise "Right to be forgotten" because it's no longer relevant, or you have to brand manage and SEO your way to hide that stuff from years ago by burying it under mountains of new news.

    29. Re:Awesome! by Opportunist · · Score: 1

      Even if people committed a crime, is it sensible to go all Javert on their asses? If they're still in prison, it's probably not really serving any purpose. If they're not, it seems the state found that they deserve another chance at life. Who are you to deny them this chance?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    30. Re:Awesome! by kwbauer · · Score: 1

      Well, any article of the kind you are talking about includes details such as dates so anybody reading such articles will see how long ago that was and notice that nothing else came up so that is also informing them that you have changed and are no longer "behaving improperly." Or are you one of those that is just so much smarter than everyone else that you assume nobody would think that way?

    31. Re:Awesome! by Baki · · Score: 1

      Victims of slander should have the origin removed, not the index by google or others.
      It was wrong to put the burden on google and other search indexes, and it will fail.
      This site just proves that this method of "forgetting" will fail.

    32. Re:Awesome! by KingOfBLASH · · Score: 4, Insightful

      I think the key is that we need to find a balance between the right to privacy and the right to be forgotten.

      Ludicrous story in the paper only designed to make headlines by slandering you? Sure, let's forget about
      You were charged with a crime but did your time and are back in society? Sure, let's forget about it and let you get back to being a member of society. (Otherwise we might as well just brand criminals on the forehead)
      You're a big company that had an oil spill but want to rewrite history? Let's not forget

    33. Re:Awesome! by AmiMoJo · · Score: 1

      Okay, let's take a real-world example. Mr. Salim Zakhrouf, listed on the site in relation to this story about him being racially discriminated against. When he is looking for another job and someone Google's his name, that story is quite likely to be the top result. Considering the guy has already been the victim of racial discrimination and decided to fight back I can see a lot of cowardly employers not wanting to give him an interview.

      There is nothing wrong with the story, except that it mentions him by name which is somewhat unnecessary, but basically it's fine (I know, shocking when the source is the Daily Mail). I rally don't see the harm in protecting him and his job prospects by removing the result for the very specific search of his name. He isn't a public figure, he hasn't done anything wrong himself.

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

      The problem with retractions should be easier to deal with in the online domain than in print. Make it a rule that whenever an article which is subject to a retraction is requested that the retraction is automatically, and prominently, included in the page served.

    35. Re:Awesome! by Xest · · Score: 3, Insightful

      "THIS. All of the stories on this decision seem to be focusing on people who are clearly bad or did terrible things in the past."

      Exactly.

      People on Slashdot are quick to slap down politicians who use the "think of the children!" argument and cry "paedophile!" when they want justification for their bullshit, yet it seems to go completely undetected when Slashdot does the exact same thing:

      "That decision has resulted in takedown requests from convicted sex offenders and huge banking companies, among thousands of others.""

      So it's okay to cry sex offender and so forth when it suits or what? There is absolutely zero balance in this wording, it's about as loaded a statement as you can get. Not only does it use shock terms like "sex offender" it also simply says it has resulted in take down notices. This doesn't mean that any of them were actually adhered to, if Google is adhering to take down notices from huge banking companies then it's doing it wrong because companies aren't protected by the European Data Protection Directive which is what this law is about. Only private individuals are, and even then not if there is a clear public interest in keeping the data up (i.e. a corrupt politician).

      So, dear Slashdot, please don't resort to the same type of shit I'd expect from a corrupt or ignorant politician and Fox News, it's not helpful. I guess it may not completely be Slashdot's fault beyond their usual failure to edit. I guess it could be that the submitter is just a complete idiot, but all the same, not here please, if I wanted biased idiocy I'd go straight to Fox, The Daily Mail or The Register or something equally full of mindless incorrect dross.

      Like most stories, there are two sides to this one.

    36. Re:Awesome! by StripedCow · · Score: 1

      OTOH, would you like to work for people who believe everything they read on the internet?

      --
      If Pandora's box is destined to be opened, *I* want to be the one to open it.
    37. Re:Awesome! by Anonymous Coward · · Score: 0

      I hope this makes people think twice before filing a forget-me request. It ensures they'll be remembered.

      Perhaps you'll be the victim of slander and lose your career over a lie that is interesting enough to go viral where your vindication isn't and doesn't.

      Perhaps you'll realise the bigger a deal you make out of it the more interested other people will be. If you're a victim of slander then there's things you can do. It might suck hard at the time but once it's all done and dusted let it settle and don't keep kicking it back up which is what these people do. There's so much crap on the internet and so many people in the world, how long do you really think they're going to give a shit? Are you also going to destroy any newspaper archive mentioning certain things?

    38. Re: Awesome! by Teranolist · · Score: 1

      Your statement requires that the general reader thinks about this factors, if he reads the date of the news at all...

    39. Re: Awesome! by Anonymous Coward · · Score: 1

      So if it's a problem with the reader, then why do we blame the technology and demand that Google start censoring its search results upon request?

    40. Re:Awesome! by cmdr_tofu · · Score: 1

      Well let's see we have a story of discrimination and injustice:
      http://www.dailymail.co.uk/new...

      underworked employees:
      http://www.theguardian.com/art...

      These aren't all people who screw up and want a second chance, it's factual information about companies actual business practices in some cases.

    41. Re: Awesome! by Rich0 · · Score: 1

      And that was the whole point of my post in the first place.

      We can't fix the reader, so we fix the technology since it is something we actually can fix.

    42. Re:Awesome! by Megol · · Score: 2

      You know that covers near 100% of all people? Yes including you!

    43. Re:Awesome! by cmdr_tofu · · Score: 1

      Actually cowardly employers aware of hist history would give HIM and interview, because he clearly will report abuse.

      His name is a relevant "factoid" because he was denied and interview when he used his "muslim sounding" name, but granted an interview (and offered a job) when he sent the same resume with an "english sounding" name.

      I don't think he asked to remove the story. I think Cathay Pacific did because the story (rightfully) makes them look like they have a bigoted hiring practice.

    44. Re:Awesome! by Rich0 · · Score: 1

      MAKE IT ILLEGAL for businesses to use certain resources in determine job eligibility, loan qualifications, etc.

      How does one prove that a business used those resources to make those determinations?

      If I send out a job application I don't get a letter back saying, "thank you for your job application - we wanted to hire you but the manager didn't like the color of your hair." I simply don't get a response, or if I do it doesn't speak to whether any determinations were made, or at most simply states that I wasn't the best candidate for the job.

      Ditto when losing a job - they just say that they no longer require your services.

      Companies learned a LONG time ago that if they don't say anything, you don't have anything to sue them over.

    45. Re:Awesome! by cmdr_tofu · · Score: 1

      Are you searching from Europe or the US?

    46. Re:Awesome! by Megol · · Score: 1

      Except that they don't work? Are you aware of how many teenagers* have nude photos spread thorough the Internet often with attached names and living addresses? Photos they themselves haven't spread? Photos and made up offerings for free sex? Are you aware that this can be plastered all over the Internet on different sites located in different countries and even different protocols - making it essentially impossible to remove?

      (* I don't think this is only bad for teenagers but it is more obviously wrong)

    47. Re:Awesome! by Megol · · Score: 1

      It can make things more difficult to find - which in itself can help. If an employer doesn't get the false rumors that you are a pedophile spammed at the top of the search listings maybe you can get the job? Maybe if the girl that once sent a nude picture to her boyfriend doesn't have her name associated with (false) links of teenage prostitution can get the teacher position she wants?

    48. Re:Awesome! by Sockatume · · Score: 2

      ...which would be moot were it not for the Google-as-address-bar phenomenon where casual users treat Google like it's the whole internet. Google made this mess for themselves when they became the defacto way of finding things online; they're the internet's index, and editorial decisions they make - even algorithmically - are now part of the infrastructure.

      --
      No kidding!!! What do you say at this point?
    49. Re:Awesome! by Anonymous Coward · · Score: 0

      That get lumps in with the "it wasn't because you're black or a woman" category. It's a problem with society we're going to have to fight one step at a time.

    50. Re:Awesome! by Anonymous Coward · · Score: 0

      If my refudiation of the slander doesn't rise to the top of the search list then it's probably a poorly-designed search engine that nobody's using anyway. If I felt it was important enough, I'd sue them to push my refudiation/vindication to the top of the search. I wouldn't be stupid enough to ask them to remove the slander in the first place, because censorship doesn't really work against false charges. Only the truth does.

    51. Re:Awesome! by Rich0 · · Score: 1

      That get lumps in with the "it wasn't because you're black or a woman" category. It's a problem with society we're going to have to fight one step at a time.

      And that was my whole point. The problem is that in the meantime you still have to deal with the damage.

    52. Re:Awesome! by dskoll · · Score: 2

      If I'm a victim of slander, I'll go after the slanderer and the site publishing the slander, not Google for indexing it. Existing laws are quite sufficient to handle this case.

    53. Re:Awesome! by king+neckbeard · · Score: 1

      Using a search engine specifically for dirty little secrets seems to make things EASIER for the casual. Now they'll find them on the first page. If they are so casual that they are not doing a background check beyond a Google search, they probably aren't going to care so long as you aren't an axe murderer.

      --
      This is my signature. There are many like it, but this one is mine.
    54. Re: Awesome! by Anonymous Coward · · Score: 0

      We can't fix the real problem, so we attack irrelevant people and technologies. Good plan!

    55. Re:Awesome! by nblender · · Score: 1

      I always cringe when I read local headlines like "John Doe of 123 Apple Street was today charged with distributing images of young children engaged in sexual acts"... Or "Such and such a teacher is accused of engaging in sexual relations with one of her students and is currently suspended with pay pending investigation." .... Anyone can be charged with anything... Way to ruin someone's life. Everyone thinks that if it's in the paper, then there must have been some basis in fact even if the person was later exonerated.

    56. Re:Awesome! by dissy · · Score: 1

      Perhaps you'll be the victim of slander and lose your career over a lie that is interesting enough to go viral where your vindication isn't and doesn't.

      Slander and lies posted about you aren't the topic at hand however.
      You missed the opportunity to argue over those laws a few hundred years ago bub.

      Today we are discussing new laws not involving lies or slander, but where it is illegal to post provably factual truths about others.

      Statements such as "ShieldW0lf on Slashdot has UID 601553" being declared illegal by making a simple email request are what we are talking about.

    57. Re: Awesome! by Rich0 · · Score: 1

      We can't fix the real problem, so we attack irrelevant people and technologies. Good plan!

      Well, the choice is live with the problem or do something to help mitigate it.

      That's the reasoning. I can't say I'm a fan of this approach, but fixing the root cause isn't really possible until we can control everybody's thoughts and actions.

    58. Re:Awesome! by TangoMargarine · · Score: 2

      The answer is obviously to delist the "removed from Google" page from Google.

      --
      Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
    59. Re: Awesome! by TangoMargarine · · Score: 3, Funny

      "I hate this guy and you should too! Because s/he's a..."

      [ ] Libtard
      [ ] Republicunt
      [ ] Terrorist
      [X] Pedophile
      [ ] Muslim
      [ ] Creationist
      [ ] Fox News watcher
      [ ] Virgin

      Thanks so much for your input.

      --
      Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
    60. Re:Awesome! by TangoMargarine · · Score: 1

      I'm going to guess that you're also pro-affirmative action?

      Sometimes band-aiding it "in the meantime" just makes the problem last longer.

      --
      Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
    61. Re:Awesome! by boristdog · · Score: 1

      Especially David St. Hubbins.

    62. Re:Awesome! by sumdumass · · Score: 1

      USA.

      Is it not working in Euope?

    63. Re:Awesome! by Jason+Levine · · Score: 1

      Not always if the slanderer is in another country.

      I had someone online who was claiming that I was really someone else and involved with some people in illegal activities. She said she was going to contact every company I worked with to tell them of my "illegal dealings." Luckily, I a) only used a pseudonym there (unlike on Slashdot), and b) the woman was certifiably nuts. As evidence to the latter, she claimed that she was a prophet of god. Her proof of my "illegal dealings" were that god told her so. Any sane company would immediately file her complaint to the trash.

      Someone else who she pestered (actually the person she claimed I "really" was - her proof? We both liked photography) had his real name and employer online. She contacted him, his employer, and all of his relatives on Facebook (along with anyone who might happen to share the same last name). Given that he is a teacher, her charges involving kids could have caused him to lose his job. Thankfully, he warned his employer about her and they ignored her.

      A bunch of us who were harassed by this woman have contacted the police to no avail. Charging someone with slander and harassment from another country is very tricky. Not only that, but when she finally harassed someone in her own country (Canada), the person filed suit... and the police went to her house and told her just who was suing her. Like telling someone charged with harassment who is fighting back ISN'T going to result in more harassment. As far as I know, that case went nowhere. It got tied up in the legal system for a bit before petering out.

      So this woman is free to harass more people as she sees fit and our options are limited.

      (This isn't meant to say that "Right to Forget" is good. Just that existing laws might not be enough.)

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    64. Re:Awesome! by wasteoid · · Score: 1

      depends on the crime. pedophiles are actively prevented from having their crimes "forgotten," due to the rate of recidivism.

    65. Re: Awesome! by kwbauer · · Score: 1

      We don't really care about the general reader. we are talking about the reader that is using information to make a hiring decision. Why would you want to work for someone that will treat you differently based on out-dated information?

    66. Re:Awesome! by Anonymous Coward · · Score: 0

      Just because something is true doesn't mean it should be public-domain. People should be able to go out in public and do what they will without fear of having their every movement recorded, posted on You Tube, and then judged by the internet mob. While the internet clearly has the capability of being a liberating force in closed societies, it is equally capable of chilling freedom of speech and expression in open societies. We see this all the time in the United States where groups like anonymous use the internet as a weapon to punish those who disagree with them.

      People should have the right of control over their personal information and conversely, it should be a crime for others to publish such information without express permission. Obviously there need to be exceptions around things that are in the public interest, but it is high time the law started catching up. The basic principle needs to be that outside of scoped public interest, there is no inherent "right to know."

      A completely open society is just as terrifying as a completely closed society. What people don't seem to understand is that a society without secrets is a society without freedom.

    67. Re:Awesome! by KingOfBLASH · · Score: 1

      While it may be true that there are some criminals more likely to return to crime than others, if you don't allow people to return to society, they're more likely to return to crime.

      Of course you do need to balance that with the needs of society and there should be a way to do that but allow for the rehabilitation of criminals... And I've even got a citation

    68. Re:Awesome! by dskoll · · Score: 1

      The "Right to Forget" could be a good ruling if the EU added two conditions:

      1. A fee (lets say between $25-$50) for each takedown request. That is a small enough fee that it won't deter someone who really wants to get rid of an embarrassing search result, but it's big enough to deter organizations like the Scientologists from making thousands of requests.
      2. A determination by a judge, tribunal, etc. that taking down the search result is in the public's interest.
    69. Re: Awesome! by Rich0 · · Score: 1

      We don't really care about the general reader. we are talking about the reader that is using information to make a hiring decision. Why would you want to work for someone that will treat you differently based on out-dated information?

      Because every employer will treat you that way, and their money is still green?

    70. Re:Awesome! by Rich0 · · Score: 1

      I'm not in favor of making Google take down search results, and I'm not in favor of affirmative action either for somewhat similar reasons.

    71. Re:Awesome! by TangoMargarine · · Score: 1

      I read "in the meantime you still have to deal with the damage" as meaning "I support Google knuckling under and removing the search results." Apparently I was mistaken.

      --
      Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
    72. Re:Awesome! by Anonymous Coward · · Score: 0

      I hope this makes people think twice before filing a forget-me request. It ensures they'll be remembered.

      Perhaps you'll be the victim of slander and lose your career over a lie that is interesting enough to go viral where your vindication isn't and doesn't.

      That hypothetical is nowhere near as worrisome when contrasted with how it will be abused by the sociopaths who run our corporations and governments. Furthermore, there is already provisions in the legal system to address your concern.

    73. Re:Awesome! by Rich0 · · Score: 1

      I read "in the meantime you still have to deal with the damage" as meaning "I support Google knuckling under and removing the search results." Apparently I was mistaken.

      My point was more that I can understand the logic behind the approach. I just tend to not favor those kinds of approaches. I'd rather change society so that somebody who can never get a job doesn't starve to death in the first place. Another improvement would be changing privacy law such that nobody has a clean reputation, forcing companies to resort to hiring people with bad reputations. I think as a society we need to get to a point where anybody can pull up a video of their boss getting dressed in the morning and not really care enough to bother to do so.

    74. Re: Awesome! by Anonymous Coward · · Score: 0

      Because food and shelter isn't free. People need money to survive in this society. Short of a negative income tax. Of course, that solves the "robot stole our jobs" scenario also.

    75. Re:Awesome! by TangoMargarine · · Score: 1

      Ah, okay. Sounds like good ideas to me :)

      --
      Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
    76. Re: Awesome! by fustakrakich · · Score: 1

      "We", is "us"? Who is supposedly doing the "fixing"? With all the guidance we go through in our lives, very little of it is devoted to fixing one's own self, before trying to fix everybody else's. We're creating a world of little Napoleons here.

      --
      “He’s not deformed, he’s just drunk!”
    77. Re:Awesome! by RockDoctor · · Score: 1

      You were charged with a crime but did your time and are back in society? Sure, let's forget about it and let you get back to being a member of society. (Otherwise we might as well just brand criminals on the forehead)

      I don't know about your country, but this one (the UK) has had laws like that since ... I honestly don't know when - since before I started to learn the laws of the country. For most offences, after a certain period of time your conviction is "spent" and you're not required to tell any one about the conviction. For some convictions, the sentencing judge (or sheriff) may vary the time for the conviction to be spent, within various sentencing guidelines.

      Branding people on the forehead has been shown to be ineffective at returning them to being productive members of society. Therefore, other members of society end up paying for their upkeep - probably to the profit of corporations (e.g. the incompetent Group 4) who run prisons and who therefore have an active interest in increasing prison populations and preventing rehabilitation of offenders. So, if you're looking for who promotes policies to prevent effective rehabilitation, just follow the money.

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    78. Re: Awesome! by kwbauer · · Score: 1

      No, not every employer does that. Probably most don't.

  3. This guy is going to be so rich by BigSlowTarget · · Score: 3

    He will do great - right up until he is sued into oblivion.

    1. Re:This guy is going to be so rich by HornWumpus · · Score: 1

      He better not have any money in reach of EU courts.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    2. Re:This guy is going to be so rich by Xest · · Score: 1

      I suspect there's potential he may even be targetable in US courts depending on the search record in question.

      If Google has been asked to remove data that is simply incorrect and defamatory through this process and not just true but out of date, then he'll likely be making himself liable to be sued for libel under existing US libel laws in libel courts.

      If he wants to do this safely he needs to make sure he's not breaking US law, and knowingly posting defamatory information is what he'll be doing unless he's checking each entry on it's merits as to whether it's simply falling foul of the relevance clause of EU law, or whether it's under the libel clause of both EU and US law. Libel is one area where even the 1st amendment can't protect you.

    3. Re:This guy is going to be so rich by Anonymous Coward · · Score: 1

      He's not breaking any laws, US or European.

      * The pages have not been requested to be taken down, just removed from Google's index. If the pages are still on the web, they are there to be linked to.
      * No obligation has been placed on anyone other than Google to remove links to the pages. Anyone else is free to link to those pages.
      * There is nothing illegal about noting the fact that Google has been requested to remove links to those pages. Additional legislation would be required to place some sort of blanket ban on mentioning pages which Google had been requested to remove from their index, and it would be insane to go to that length while still not requiring the actual pages in question to be taken down.

    4. Re: This guy is going to be so rich by Anonymous Coward · · Score: 0

      It doesn't make any difference. The Europeans will send a SS Kommando to deport him, then he will be gassed.

    5. Re:This guy is going to be so rich by king+neckbeard · · Score: 1

      It doesn't appear that the site is making any claims about accuracy or anything, so there's not really a risk of libel The site just links to the stricken results, nothing else.

      --
      This is my signature. There are many like it, but this one is mine.
    6. Re:This guy is going to be so rich by Xest · · Score: 1

      I don't think that matters, granted it's Wikipedia so may well be wrong, but the Wikipedia article makes it quite clear that if you knowingly without regard for whether something is true or false post it then you are liable to be found guilty of libel.

      Google isn't seeing links removed because of what's behind the links, but because of the cached information it stores against the link - i.e. a snippet of the site. If he's storing and posting that same snippet and that snippet was removed because it was incorrect and hence libelous then he is equally posting information "with reckless disregard of whether it was false or not" which is apparently the test used against public figures (apparently US law doesn't even require a test even that strenuous against people who aren't public figures).

      If he's just blindly re-posting stuff that's taken down I don't see how he could possible argue that he's not posting "with reckless disregard of whether it was false or not" because that's exactly what he's doing in effect.

      If it's just the link he's providing he'll probably be okay (though has libel even been tested in the face of wilfully linking without regard for the truth? - the piracy argument was lost on this one, but what about libel?), but if he's including the descriptions he's fucked if it goes to court.

    7. Re:This guy is going to be so rich by Xest · · Score: 1

      That's why as I said it depends on the case in question, if it's a case of a takedown of libelous material and he's re-posting even a snippet of that libelous material then he could be found to be wilfully posting something that was known to be incorrect (by the fact it was taken down in the first place).

      You're absolutely right in reference to take downs over out of date information (though actually there's potential for a judge to see it as contempt of court if there's a more general ruling forcing the original take down), but libel is a different beast.

    8. Re:This guy is going to be so rich by dissy · · Score: 1

      Sure he may be sued multiple times, but I would assume he is aware of that and has no EU business dealings.
      Being in New Jersey and thus the US, he need only say "There is no law I am in violation of, and the plaintiff has admitted such by quoting nothing but laws from some other country." The case will be instantly thrown out.

      After a few cases of being sued over laws that don't exist, he may even be able to convince a judge that the default ruling should be in his favor instead, and then not even need to attend!

      I simply can't believe he would go into this while having EU business dealings, as that is the one and only reason Google is even removing the listings in the first place - they do, and don't want to be in violation of EU law.

    9. Re:This guy is going to be so rich by king+neckbeard · · Score: 1
      Looking at the site itself, it appears to be a term, a link, and a source on the removal. It's incredibly sparse.

      If it's just the link he's providing he'll probably be okay (though has libel even been tested in the face of wilfully linking without regard for the truth? - the piracy argument was lost on this one, but what about libel?), but if he's including the descriptions he's fucked if it goes to court

      Was it actually lost? I'm not aware of anything actually holding up in court. ICE has seized domain names, but all of those are just cowboy operations where they shoot from the hip and don't let questions be asked because of national security. I know in Spain and the UK, linking sites have been explicitly declared legal, and I believe the US government is trying to avoid any precedent on this matter.

      --
      This is my signature. There are many like it, but this one is mine.
    10. Re:This guy is going to be so rich by Xest · · Score: 1

      Yeah I had a look at the site too, it's not really much of anything, and I don't think the first link is even correct (in fact, I don't think the search terms mean much either as it's links that are removed, not search terms). It's not even automated it seems, just a tiny handful of examples. In this case you're probably right, I doubt much could happen to him. I had a view of a site that was automatically harvesting removed links including descriptions which would be infringing but as it stands the site looks like it's just manually sticking up links to public interest records that Google shouldn't have and wouldn't have to remove in the first place but are doing so out of ignorance of the law, or out of malice through distaste of the law to make a point.

      I don't think linking is legal in the UK given that it's the basis on which the BPI et. al. have been able to get court orders to block the likes of the pirate bay, but you may be right elsewhere, I've not kept up on the issue for a while so things could've changed.

    11. Re:This guy is going to be so rich by king+neckbeard · · Score: 1

      I do know that TVshack was legal in the UK, which was why US extradition was sought. I'm not sure exactly under which legal umbrella they put TPB, but it probably boils down to being pressured so much by the BPI that they ignore what the law actually says.

      --
      This is my signature. There are many like it, but this one is mine.
    12. Re:This guy is going to be so rich by HornWumpus · · Score: 1

      Right to be forgotten has nothing to do with libel.

      It's simply people being allowed to demand that information about them be removed. It is usually accurate information.

      In any case EU laws don't apply in the USA.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  4. The Streisand Effect by Anonymous Coward · · Score: 5, Insightful

    The Streisand effect is the phenomenon whereby an attempt to hide, remove, or censor a piece of information has the unintended consequence of publicizing the information more widely, usually facilitated by the Internet.

    https://en.wikipedia.org/wiki/Streisand_effect

    1. Re:The Streisand Effect by MightyYar · · Score: 1

      Yes, I'm fairly dim and even I predicted this would happen.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    2. Re:The Streisand Effect by Anonymous Coward · · Score: 0

      I remember hearing about that many years ago.
      Anyway, for those who prefer a clickable hyperlink:
      Wikipedia's article for "Streisand Effect".

      This was related to Barbara Streisand who objected to the loss of privacy when some information was being gathered about properties on the coastline. She tried to get such information removed. However, more people ended up hearing about the story because of the actions that she took.

  5. Let me guess: by Tablizer · · Score: 2

    StreisandEffect.com ?

    1. Re:Let me guess: by Anonymous Coward · · Score: 0

      I wonder if most people even remember why it's called the Streisand effect.
      Wouldn't it be ironic if the term became so common that people actually forget why it was named after Streisand?

    2. Re:Let me guess: by gargleblast · · Score: 5, Funny

      I can see the headlines now: Barbara Streisand sues for trademark dilution.

    3. Re:Let me guess: by Tablizer · · Score: 1

      It should be called the Oz Effect, as in "pay no attention to the man behind the curtain!".

  6. Misleading by Anonymous Coward · · Score: 1

    > That decision has resulted in takedown requests from convicted sex offenders and huge banking companies,

    Note that those are requests, not actual removals.
    The law has a very broad public-interest exception, none of those requests will pass muster under the law.

    In fact, the recent hoohaw about google delisting certain newspaper articles was ended when Google admitted that those delistings were not consistent with the law.

    1. Re:Misleading by Anonymous Coward · · Score: 0

      Wrong. There are actual removals happening now. Search for "Carlos Silvino" or "Manuel Abrantes" on google.co.uk and you will see the tell-tale statement "Some results may have been removed under data protection law in Europe." These two are currently under sentence for criminal acts involved in the "Casa Pia Child Sexual Abuse Scandal" as described on wikipedia.

  7. WayBackMachine.org by MindPrison · · Score: 2

    Has it all anyway.

    --
    What this world is coming to - is for you and me to decide.
    1. Re:WayBackMachine.org by skovnymfe · · Score: 4, Insightful

      No they don't. They remove plenty of sites from their archive. It even makes /. headlines occasionally.

  8. It was bound to happen by chromaexcursion · · Score: 1

    I feel sorry for those who legitimately should have stories removed. Falsely accused, slandered, etc. Though if the site takes the time to put the truthful rebuttals up front it would mitigate that.
    For those legitimately outed I have no sympathy. With one exception: someone whose criminal record has been expunged. That is a legal proceeding, which carries weight. Of course the site owner opens himself and the site to prosecution for slander. Forget international borders, someone anywhere in the world can sue you in the US for slander.

    1. Re:It was bound to happen by towermac · · Score: 1

      "With one exception: someone whose criminal record has been expunged."

      What about somebody whose done his time? Not falsely accused; did the crime, and the time. Several years in prison let's say.

      What more does he owe us? I'd kind of like to see him free and clear. But his criminal record is stuck to him... forever I guess. I'm just asking.

      What about the story about a guy that got his criminal record expunged? What about the archived footage from WHAM13 Live or whatever of the cops showing up that day long ago when he was arrested? Can that be expunged too? and the comments? and blogs or whatever the kids are using nowadays...

      Maybe things used to be expungable, but it's going to be pretty hard to do that going forward. In fact, that might have happened already.

      I think maybe we thought we were in the Information Age, and we weren't really yet, and this is a peek into what that really means.

    2. Re:It was bound to happen by kwbauer · · Score: 1

      Well, you see, the person who has things legally expunged gets the nice piece of paper saying that it was expunged and has some accompanying paperwork saying why and all that. All that actually holds far more weight than stuff on the internet. At least, in my particular area of reality, it does anyway.

    3. Re:It was bound to happen by Anonymous Coward · · Score: 1

      This whole thing is rediculous, as this site points out.

      There may well be reasons why material should be taken off the internet, but that involves the site which host such content not the search engines which index it. Google is just saying, truthfully, that a site exists with certain content. If you don't like the content address that witht the site which suppies it.

    4. Re:It was bound to happen by chromaexcursion · · Score: 1

      For the guy that's done time. Most likely he has to admit he has.
      For the average person caught in this, this isn't likely to make a big difference. They can't afford the costs of trying to have their records hidden. And for the most part, no one cares, beyond the obvious.
      This is about RICH, WEALTHY, individuals who have been reasonably damned, and want to hide it.
      Can't sue for slander in the US if it's true.
      The EU seems to have a different opinion of past records.
      Not that it really maters. The EU ban only applies to EU sites. Simple enough to proxy around to get the details. It only deters the casual browser.

      It's a brave new world. Despite some country's laws, you don't have the right to be forgotten. Until every country enacts such laws, you're out.
      There are other similar battles, will be interesting to see which island wins.

    5. Re:It was bound to happen by DMUTPeregrine · · Score: 1


      The site owner should be responsible, not the search engines who don't host the content.

      --
      Not a sentence!
    6. Re:It was bound to happen by Vapula · · Score: 1

      In Belgium, you have a "certificate of good living and behaving" (approximate translation) that can be requested when you want to get a job.

      Teachers (and other people who have to work with children) have to give a special version of that document. At first, it included some (very) invasive background checks (in the neighbourhood for example), now, it has been trimmed down... But if you've been a sex offender (or some other severe criminal records) in the past, you won't get it, even if you've had your records cleaned.

      In about any countries, if you want some "top secret" accreditation, I don't think that it matters if your criminal records have been purged or the time has been served...

      In these specific situation, there are no right to be forgotten...

      Another problem may arise when the offender is minor (less than 18 years)... All records are hidden... I know of some school director (he explained this to me directly, it's not some vague rumor) who got a child put in his school by a court... He didn't know why (records sealed because it was a minor)... Until that guy did it again, in his new school... He was assaulting (sexually) younger children !!! But no way for the school to prevent it as they weren't allowe'd to know in the first place.

      So, I think that for criminal offenses, there should NOT be a right to be forgotten... Minor offenses don't make it to the news anyway... Same for bad records related to the profession.

    7. Re:It was bound to happen by Xest · · Score: 2

      The site owner is responsible, but some sites have exemptions for processing data - i.e. we don't want newspapers scrubbed clean to change history. In this case newspapers have defence as being guardians of public record. Google does not have that exemption.

      Should it have that exemption? Maybe. Maybe that'll come about in the 2012 European Data Protection Directive refresh that is still being worked on, but Google needs to argue it's case there, not just flout the law as it stands.

      Fundamentally the problem is that data protection applies to all organisation with only a handful of exemptions (law enforcement, public record) and currently Google does not fall under one of those exemptions. You can go after the source in Europe if it doesn't fall under some exemption, but if it does all you can do is go after those that don't have an exemption, and Google is one of those that don't because search isn't a protected business activity right now.

    8. Re:It was bound to happen by DMUTPeregrine · · Score: 1

      So people have a "right to be forgotten" except by people actually publishing information about them. If the public record is important enough to preserve in violation of this "right" then telling people how to access the public record is surely an important duty.

      --
      Not a sentence!
    9. Re:It was bound to happen by Anonymous Coward · · Score: 0

      > if you want some "top secret" accreditation, I don't think that it matters if your criminal records have been purged

      Then the records haven't been purged.

  9. When is it appropriate to forget a conviction? by Anonymous Coward · · Score: 1

    It looks like at least some convicted persons are obtaining their "right to be forgotten" before even completing their sentence.

    For example, "Manuel Abrantes" was convicted to five years and nine months for pedophilia and other crimes on September 3, 2010, according to http://en.wikipedia.org/wiki/C... Adding that up, Mr. Abrantes wouldn't have completed serving his sentence until June, 2015 - but it's already time that his offense should be forgotten?!? "Carlos Silvino" was convicted to eighteen years in the same case.

    A search for these names on google.co.uk shows the tell-tale language: "Some results may have been removed under data protection law in Europe."

    It seems to me that the above phrase may itself turn into a "Scarlet Letter" of sorts, causing searchers to use alternative search engines or simply use google.com instead of google.co.uk, for example, to dig in an find the items that the person named was making an effort to hide.

    As a United-Statesian, I'm used to the idea that a conviction for that sort of criminal activity is typically treated as data that follows a person around for the rest of their lives - perhaps a European can tell us when it's considered appropriate to forget about a convicted sex offenders offenses?

    Personally, I was expecting Google to add a specific link to the request to remove search results in a similar way to the mechanism that Google uses for DMCA take-down notices, where following the link takes you to chillingeffects.org which shows the DMCA letter - most conveniently lists all the URL's that a publisher is asking Google to remove.

    1. Re:When is it appropriate to forget a conviction? by Anonymous Coward · · Score: 0

      perhaps a European can tell us when it's considered appropriate to forget about a convicted sex offenders offenses?

      Your conviction is stored by the police and will show up in a criminal record check forever,

      But as that page points out "It is highly sensitive personal information and cannot be shared with anyone in the business that does not need to know as part of their role."

      In particular there is no reason that it should be available to the public through a web search.

    2. Re:When is it appropriate to forget a conviction? by Xest · · Score: 4, Interesting

      You shouldn't assume that because Google has removed a record that someone has a legal right to be forgotten.

      Google is intentionally fucking around with removals because it's pissed off at the court ruling, so it's trying to make as much of a mockery as it can without falling foul of the law.

      That means it's removing cases where there is clear public interest defence, because it wants to make a point.

      Which is one of the reasons having market monopolies is bad. Because Google has a search engine monopoly it can fuck around with results to suit it's political agenda. In a truly competitive market this would hurt it because other engines would keep the public interest stuff and only remove the legit stuff.

      Given this, I would suggest that rather than going to .com instead of .co.uk you just go to a different search engine altogether - one that doesn't manipulate results to suit it's political agenda which is exactly what Google is doing here.

      There is absolutely no reason someone convicted of a serious crime 5 years ago would have their conviction considered spent. Even public bankruptcy records can be used by credit rating agencies up to 7 years after the event.

      Only minor crimes have shorter periods, such as speeding which I believe is about 3 years normally.

      This is Google playing politics, and not a problem with European law stating that people still serving sentences can have their crimes forgotten or anything stupid like that.

    3. Re: When is it appropriate to forget a conviction? by Anonymous Coward · · Score: 0

      Google should not try challenging EU authorities. It's not nice in Dachau.

    4. Re:When is it appropriate to forget a conviction? by organgtool · · Score: 1

      You shouldn't assume that because Google has removed a record that someone has a legal right to be forgotten.

      No one has a right to be forgotten. Doing so requires stifling the speech of those who remember you. Although I guess you could fix that by erasing their memories.

      Google is intentionally fucking around with removals because it's pissed off at the court ruling, so it's trying to make as much of a mockery as it can without falling foul of the law.

      Can you blame them? The "right to be forgotten" is ridiculous in the first place and it is creating hundreds of thousands of requests that Google is required to process at a significant expense.

      Which is one of the reasons having market monopolies is bad. Because Google has a search engine monopoly it can fuck around with results to suit it's political agenda. In a truly competitive market this would hurt it because other engines would keep the public interest stuff and only remove the legit stuff.

      Oh yeah, Google has such a monopoly! There aren't any other search engines for people to use.

      Given this, I would suggest that rather than going to .com instead of .co.uk you just go to a different search engine altogether - one that doesn't manipulate results to suit it's political agenda which is exactly what Google is doing here.

      They're "manipulating results" because there is a ridiculous law on the books that requires significant effort and expense on their part to uphold. Anyone with half of a brain can see how this will play out. Since Google is the primary target of this law, people will begin using a different search engine to find the results that Google is legally required to "forget". The new search engine will become the new primary target of the law, will be forced to adhere to it at significant expense to the company, and the people will move on to the next search engine. We've already seen this a million times with P2P clients as well as torrent sites.

      Whether you want to admit it or not, this law is pure censorship. The internet is about making information available and it is highly effective at circumventing censorship. Not only is this law completely ridiculous, it is almost impossible to effectively enforce. But I'm sure that won't stop you from trying.

    5. Re:When is it appropriate to forget a conviction? by Xest · · Score: 1

      "No one has a right to be forgotten. Doing so requires stifling the speech of those who remember you. Although I guess you could fix that by erasing their memories."

      Well that's your own personal, somewhat odd opinion. Apart from the fact no one's asking for an absolute right to be forgotten, it doesn't mean that people shouldn't have a right to be forgotten in the public eye as far as possible. You may personally be otherwise, but thankfully you're not grand dictator of the world such that in progressive societies we still get to pursue a belief in rehabilitation, which has had some success. You may personally believe free speech is an absolute right (it's not, try committing libel, or professing in public repeatedly that you want to blow up the president or something) that overrides all other rights but it's just not that simple.

      "Can you blame them? The "right to be forgotten" is ridiculous in the first place and it is creating hundreds of thousands of requests that Google is required to process at a significant expense."

      The right to be forgotten isn't even law yet. What Google is receiving requests for is the fact that they're in breach of data protection law, and like every other company on earth, have an obligation to adhere to the law. The law in question dates back to 1995, so it's not like it's a new surprising thing, they just decided to flout it up until recently that's all. If however then you are arguing that data protection law shouldn't exist then you must also be in support of everything from identity fraud to worker black lists, to life-long credit histories because ultimately data protection law is what works against these sorts of things.

      "Oh yeah, Google has such a monopoly! There aren't any other search engines for people to use."

      I don't think you understand the word monopoly. By your logic Microsoft never had a monopoly with Internet Explorer because Netscape existed. Monopolies are not determined by amount of competition, but by amount of marketshare held, so unless you're going to argue like a fool that Google doesn't hold the vast majority of marketshare then you can't argue that Google doesn't hold a search monopoly.

      "They're "manipulating results" because there is a ridiculous law on the books that requires significant effort and expense on their part to uphold."

      So what you're saying then is that it's okay to manipulate results if you don't like the law? Interesting.

      "Since Google is the primary target of this law"

      Are you actually serious? Google, that hasn't adhered to the European Data Protection directive until it was forced to in a court case in 2014 is the target of a law dating back 3 years before Google even existed? What the fuck planet are you on?

      "Whether you want to admit it or not, this law is pure censorship."

      Oh, and here we are, the great censorship card. Just when I thought your argument couldn't get anymore retarded. It's censorship in the exact same way that pulling your curtains closed when you get undressed is censorship. If that's bad then you can keep your crackpot voyeuristic world to yourself.

      "Not only is this law completely ridiculous, it is almost impossible to effectively enforce."

      Tell that to every company that's been fined for breaches of data protection law. I'm sure despite being down thousands they'll be happy to here that what they did was impossible to enforce.

      "But I'm sure that won't stop you from trying."

      Why exactly would I enforce the law? I don't work for law enforcement, what's it got to do with me?

    6. Re:When is it appropriate to forget a conviction? by swillden · · Score: 1

      The law in question dates back to 1995

      That's more than a bit disingenuous of you... the law has been around, but the court's rather bizarre interpretation of it, that it requires search engines to remove links but doesn't require the source sites to remove the content, is extremely new. A more reasonable interpretation is that if some information should be removed the target should get the source site to remove it, which will automatically cause it to disappear from search engines, given that they're mere indexes.

      By your logic Microsoft never had a monopoly with Internet Explorer

      Agreed. Microsoft did not have a monopoly on browsers. Actually, no court ever said they did. What the court said was that they had a monopoly on desktop operating system software... which is itself a questionable conclusion, but less so given the way Microsoft had the PC distribution channels locked up.

      Monopolies are not determined by amount of competition, but by amount of marketshare held, so unless you're going to argue like a fool that Google doesn't hold the vast majority of marketshare then you can't argue that Google doesn't hold a search monopoly.

      I don't think market share tells the whole story, especially with respect to something like web search, because the effort required to use a different search engine is basically zero. Using a PC operating system other than Microsoft Windows was much more difficult back when MS was in anti-trust court.

      For that matter, Google's market share isn't that overwhelming. In the US it's only 68%. In much of Asia it's less than 10%. In Europe it's higher, granted, in excess of 80%, but that still doesn't overcome the ease-of-switching factor, IMO.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    7. Re:When is it appropriate to forget a conviction? by organgtool · · Score: 1

      it doesn't mean that people shouldn't have a right to be forgotten in the public eye as far as possible.

      Who are you to determine what the public has a right to focus their attention on?

      You may personally believe free speech is an absolute right (it's not, try committing libel, or professing in public repeatedly that you want to blow up the president or something) that overrides all other rights but it's just not that simple.

      Nobody is arguing that free speech is an absolute right, but libel and threats are already covered by different, more reasonable laws.

      What Google is receiving requests for is the fact that they're in breach of data protection law, and like every other company on earth, have an obligation to adhere to the law.

      I'm not arguing that Google should be given a free pass to violate this law. I'm arguing that the law is foolish and shouldn't even be in place. If you have a problem with the data being broadcasted about you, take it up with the people doing the broadcasting, not a third-party that simply indexes whatever information is publicly available.

      By your logic Microsoft never had a monopoly with Internet Explorer because Netscape existed. Monopolies are not determined by amount of competition, but by amount of marketshare held

      As swillden said, Microsoft did not have a monopoly in the browser space. They were convicted of using their monopoly of desktop operating systems to exert undue influence in the browser market. Google did not use an existing monopoly to gain marketshare in the search engine, so your analogy is bogus.

      So what you're saying then is that it's okay to manipulate results if you don't like the law? Interesting.

      They are following the law, just in an exaggerated form to protest the burden this is placing on them.

      It's censorship in the exact same way that pulling your curtains closed when you get undressed is censorship.

      If that was the case, then I would fully support the law, but it is nothing like that. Google is being forced to take information that is already publicly available out of their search results. This does not work - the cat is already out of the bag and the law makes it Google's problem to try to put the cat back in the bag.

      Tell that to every company that's been fined for breaches of data protection law. I'm sure despite being down thousands they'll be happy to here that what they did was impossible to enforce.

      When I said it was impossible to enforce, I didn't mean that some companies wouldn't be fined. What I was saying is that there will always be services that fly under the radar that will provide that information. People will inevitably gravitate toward those sources which will eventually garner enough attention to have this law enforced on those new services. When that happens, another small company will take their place and the process repeats. The point is that the information is public and there is a demand for the "forgotten" data, so there will always be someone to provide that service even if it doesn't comply with the law. That's the way the internet works, hence the analogy to piracy on P2P services.

    8. Re:When is it appropriate to forget a conviction? by Anonymous Coward · · Score: 0

      I think you are ascribing a lot of actions to Google as nefarious which can better be ascribed to "let's do what is least likely to get us sued." The ruling is completely ambiguous on what should be forgotten. Removing things by default is simply less risky than the alternative of guessing what the courts may rule is no longer relevant.

      Google is in a no-win situation. Remove too much, get attacked. Remove too little, get sued.

      Google should tag all search results involving removed terms with "this page has been censored in compliance with EU statutes."

    9. Re:When is it appropriate to forget a conviction? by Xest · · Score: 1

      "That's more than a bit disingenuous of you... the law has been around, but the court's rather bizarre interpretation of it, that it requires search engines to remove links but doesn't require the source sites to remove the content, is extremely new."

      No it's not, that's exactly how it's been applied to credit reference agencies since it's incarnation. They can use public bankruptcy data for 7 years, but after that they must stop referencing it, even though it still exists in it's original source - public court records. It's really no different in that respect and the danger is that if you change data protection legislation to remove the rules on relevancy that it means credit reference agencies could potentially act to deny you access to lending such as a mortgage for your whole life just because of one stupid mistake in your teens.

      There's no differentiation between public search engines and what are effectively private search engines for the financial sector in this respect. The only thing different about this ruling is that it's based on a public, rather than a private search engine. (Disclaimer: I've worked for a CRA so I know how credit searches work).

      "A more reasonable interpretation is that if some information should be removed the target should get the source site to remove it, which will automatically cause it to disappear from search engines, given that they're mere indexes."

      No, that's even worse, because then we have the ability to completely rewrite history by erasing public record.

      I think maintaining public record, but removing easy access is the best balance between maintaining historic record and ease of access. It means if someone really needs to be scrutinised (because they suddenly want to become prime minister or something) then they still can be, but if they're going to just stay some average joe, then a friend or family member can't simply stumble across something embarrassing that is no longer relevant.

      The law actually makes sense IMO. The new European Data Protection Directive update which hasn't been completed yet actually makes all this more explicit, it has explicit provisions to protect historical record and to protect freedom of expression regarding public figures and so forth.

    10. Re:When is it appropriate to forget a conviction? by Xest · · Score: 1

      "Who are you to determine what the public has a right to focus their attention on?"

      Who are you to do the same? It doesn't matter what my viewpoint is, but these laws were created in democracies where majority rule wins, so regardless of what you or I think the fact is that your opinion rubs against democratic will of the majority, and you don't get to dictate in the face of democracy.

      "I'm not arguing that Google should be given a free pass to violate this law. I'm arguing that the law is foolish and shouldn't even be in place. If you have a problem with the data being broadcasted about you, take it up with the people doing the broadcasting, not a third-party that simply indexes whatever information is publicly available."

      Right but you're arguing from a position of ignorance, you're arguing against something you just clearly demonstrated you do not understand, and that's the problem.

      You miss the point, when Google takes a copy of the data and also broadcasts it then it becomes one of the entities doing the broadcasting and so becomes fair game. It is not right that people should be able to silence the original source because sometimes the original source is public record, but just because it's public record doesn't mean Google has an inherent right to also broadcast then also profit off of it - Google sells ads against it's results, whilst public record is a specifically defined not for profit thing.

      "As swillden said, Microsoft did not have a monopoly in the browser space. They were convicted of using their monopoly of desktop operating systems to exert undue influence in the browser market. Google did not use an existing monopoly to gain marketshare in the search engine, so your analogy is bogus."

      It wasn't an analogy and that's really all irrelevant. The point was simply that a monopoly is based entirely on marketshare, like it or not that's the very definition of it, so your original suggestion that Google does not have a monopoly still remains false because it has nothing to do with amount of competitors and everything to do with strength of competitors and subsequent marketshare. However you wish to spin it you still clearly have no idea what a monopoly actually is.

      "They are following the law, just in an exaggerated form to protest the burden this is placing on them."

      So you are saying it's okay to manipulate search results if you don't like the law then? If that's the case I'd rather not listen to you as you clearly fall into the same category as the likes of Fox News in believing that it's okay to bend the truth and lie if you don't like something - that means you're really not an honest person.

      "If that was the case, then I would fully support the law, but it is nothing like that. Google is being forced to take information that is already publicly available out of their search results. "

      Right, and you're taking a view of your naked self that would otherwise be publicly available out of the public by closing the curtains. You're absolutely right in that's what Google is being forced to do, but you've failed to explain why it's a bad thing - just because the cat is out the bag doesn't mean we need to put it back in the bag, simply making it harder to find the cat is sufficient for most people whether you like it or not.

      "What I was saying is that there will always be services that fly under the radar that will provide that information. People will inevitably gravitate toward those sources which will eventually garner enough attention to have this law enforced on those new services. When that happens, another small company will take their place and the process repeats."

      You're simply speculating here, you may well be right, but frankly I don't see what business model there is in breaching the privacy of people we neither know nor care about. If it's data of people we do care about then it shouldn't have been hidden in the first place.

      So the fact is, if revenge porn of someone is the first result found when Googling their name on

  10. Great by antitaxes · · Score: 1

    An expunged conviction is still factually something that happened. Under the First Amendment, it's never libel to state a true statement of fact. If the matter is of public concern, the plaintiff in any defamation action must prove that the statement was false. And if the plaintiff is a public figure knowledge of falsity or reckless disregard for truth must be proven. In addition to the robust First Amendment protection of free speech, there is 230 of the CDA, the federal Speech Act barring enforcement of most foreign libel judgments and local anti-SLAPP laws. I really can't see any ground for any legal action in the US that would be consistent with the First Amendment. Also courts have held that the First Amendment does not permit liability for republishing facts of old expunged convictions.

    1. Re:Great by Anonymous Coward · · Score: 0

      The European Union doesn't care about our First Amendment or our libel laws, or any of that. They're not part of the USA.

    2. Re:Great by CrAlt · · Score: 1

      Well good thing this guy lives in NJ.

      --
      I have to return some videotapes...
    3. Re:Great by kwbauer · · Score: 1

      But that doesn't matter. It is only wrong when the US expects other countries to help enforce American law and it is just as wrong when the US fails to help other countries enforce their laws. How could someone with a 4-digit UID not have figured out that simple /. rule?

  11. go after the main article then, not Google by Anonymous Coward · · Score: 0

    If it's legitimate slander, then go after the people publishing it, not a search engine.

    If you can't get the original article taken down, then you have no business trying to get search engines to forget it.

  12. Will Google visit his site? by tomhath · · Score: 4, Interesting

    What happens when Google visits his site? Is that another take down request? I see the possibility of infinite recursion here.

    1. Re:Will Google visit his site? by Anonymous Coward · · Score: 0

      if they are competent they have a "no google allowed" in their robots.txt. If google is competent, they remove their site withoutn that sign. I'd bet on the latter ;-)

    2. Re:Will Google visit his site? by Sockatume · · Score: 1

      That's Google's problem. If they didn't want to deal with the social issues of becoming the internet's de facto official directory, they shouldn't have made themselves the internet's de facto official directory.

      --
      No kidding!!! What do you say at this point?
    3. Re:Will Google visit his site? by TangoMargarine · · Score: 1

      Google sued for becoming too successful. News at 11.

      --
      Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
    4. Re:Will Google visit his site? by Anonymous Coward · · Score: 0

      they shouldn't have made themselves the internet's de facto official directory.

      They didn't "make themselves" anything. They offered a good service. People used it.

    5. Re:Will Google visit his site? by Sockatume · · Score: 1

      Sometimes being successful enough to wind up in a position of responsibility gives you responsibilities you don't want to have.

      --
      No kidding!!! What do you say at this point?
  13. Paging Babs by symbolset · · Score: 1

    Barbara Streisand to the white courtesy phone.

    --
    Help stamp out iliturcy.
  14. 1st Amendment by FuzzMaster · · Score: 0

    Freedom of speech and of the press guarantee the right to publish FACTUAL reports regarding events, current or historical. In the absence of misrepresentation of the facts, there's no reason that these articles should be "erased" from Google's search index. Of course, even with the erasure, other sources will rise to provide this information, e.g., this new site.

    1. Re:1st Amendment by omnichad · · Score: 1

      And as soon as the European Union or its member states adopt such a rule, this might be relevant.

  15. Wrong fix to the Wrong problem! by s.petry · · Score: 1

    We already have laws to protect the innocent under most conditions. Slander, Libel, and defamation did not vanish when the Internet popped up. They are harder to enforce, sure, but they did not go away.

    In the case of your 5% innocence (which is as useless as most other statistics in my opinion) any of those people could have sued the source for damages. If found guilty, sources are forced to change or amend content and generally issue public apology.

    This "forget me" law does not do anything to address the root problem. How does someone in the US sue someone in German for libel, or visa-versa? They don't, or at least common people could never afford to do so.

    The other point to mention is probably more important. This law was never described as a means for individuals to prune their personal history. The law was intended to prevent bad information from remaining prevalent on the Internet. Such as bad science that had been discounted (not just from conspiracy sites, but that was a large portion of the case "for" this law.

    The way it has been implemented, it has a gaping loophole allowing abuse by individuals. Laws that suck should not be passed, but, people keep on believing the bullshit bureaucrats tell them.

    --

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

  16. I predicted this by penguinoid · · Score: 0

    10 days ago, I wondered how long it would take someone to make a website to anti-censor google. I guess I got my answer.

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
  17. Only certain search words, not entire pages? by opine · · Score: 1

    I believed the requests were only to remove certain key words? So if someone puts up an article about Forest Whitaker and Battlefield Earth, F.W. could get his name removed from the search results in that context. However, the original article would still contain his name, and you could still find the article if searching for Battlefield Earth.

    1. Re:Only certain search words, not entire pages? by Xest · · Score: 1

      It's not even keyword based, it's just based on a URL.

      For example, if you see a Google search result links to a URL that breaches the European Data Protection Directive relating to your personal data you can simply ask them to de-index that URL. You can't ask them to censor certain keyword combinations, that's not how it work.

  18. Solution by StripedCow · · Score: 1

    Change your name into John Smith.

    Alternative solution: use your own name in so many different and unrelated places on the internet, that people must believe there is at least 2 or more of you with the same name.

    --
    If Pandora's box is destined to be opened, *I* want to be the one to open it.
  19. Mod parent up by amaurea · · Score: 4, Insightful

    Indeed. WayBackMachine respects robots.txt retroactively, which is insane in my opinion, because it means what WayBackMachine says the web looked like in, say 1999, can change at any moment. For example, if WayBackMachine has 10 years of archived data for a site which then comes under new management that decides it wants to erase that history, they can just put up a robots.txt on the current site, and WayBackMachine will not only stop serving the current version of the site, it will also stop serving all the previous ten years of data. This happened to the original jumptheshark.com, for example.

    1. Re:Mod parent up by Anonymous Coward · · Score: 0

      Indeed. WayBackMachine respects robots.txt retroactively

      ..but if it didn't then anyone who used the WayBackMachine to look at my site would have seen 5 years of amateur porn. It took me quit a while to get my site off of the various blacklist (or call them what every you want) - I suspect that it may have been more difficult to do this if the WayBackMachine still shared the secrets of the domain past.

      BTW if you accidentally delete the robots.txt file, all of the WayBackMachine's archives for your site/domain become accessible again.

    2. Re:Mod parent up by Anonymous Coward · · Score: 0

      Also, many domain parkers have a robots.txt that forbids the wayback machine. Bloody frustrating.

      (As if my opinion of parked domains wasn't low enough already.)

  20. But why? by osiaq · · Score: 0

    I cant find a single example how this can be helpful, not harmful

  21. DOXBIN! KILL IT WITH FIRE! by Anonymous Coward · · Score: 0

    and what about fucking.... fucked up... fucking insane...

    DOXBIN?

    google isn't doing a damn _thing_ about doxbin! google caches and serves thousands of social security numbers, stolen cc #'s by caching

    DOXBIN... now through the truly evil darktor.com servers....

  22. Insignificant by Martin+S. · · Score: 1

    The page has 15 examples from a current estimate of 70,000 take down requests.

  23. The fools by EmperorOfCanada · · Score: 1

    Don't these bureaucratic fools realize that they are not able to control the internet, and that the relative lack of bureaucrats is what makes the internet strong? Yes they can control a company like Google through threats but the moment they create a distortion in the market by pushing the internet one way, there will be an opposite and equal reaction in the exact opposite way.

    So the NSA pushes things like NIST one way and the result is that the hard core crypto world will now move away from NIST. If youtube is forced to censor then 100 uncensored video sites will show up.

    People are told they can't get netflix so proxy companies pop up to sell what was otherwise a fairly speciality service. I mean how many people were buying international proxy services 5 years ago?

    I am willing to bet that in some countries where the government censors are at war with the internet that it is a national sport to get around them.

    On a side note, I can tell you that if my local government (Nova Scotia, Canada) ran the Internet that you would be paying $200/month for a 256k ISDN and that domain name "approvals" would take years. My government being typically bad it is great that the internet is fundamentally structured so as to make it difficult for governments to truly harm it. They can harm some companies within their reach, but they can't really grasp the slippery concept of the internet itself.

  24. doesn't google.com do this by Anonymous Coward · · Score: 0

    pretty sure the pulled listings are only removed from google.eu

  25. No takedown involved by gcobb · · Score: 1

    Most people commenting on this (particularly in the US) are confused. No sites are being taken down because of this ruling. No pages are even being removed from Google's index -- they can all still be found through Google.

    What Google is being forced to do is to remove them from the search results when the search is for a particular person's name. The reason is nothing to do with a "right to be forgotten" (that is a separate issue altogether). The reason is because a search based on someone's name is regarded as the equivalent of researching and publishing a dossier on that person (like a credit report, or an employment history would be). Credit reference agencies have strict rules on what data they can keep, and for how long (at least in Europe), and so does any other entity who handles personal data. The reasoning is "why should Google be allowed to publish dossiers at virtually no cost to them, which flout the laws about such things, when everyone else who is in the personal data business has to spend a lot of money to do careful research and follow legal restrictions?"

    You can argue about how close a search result is to a dossier, and whether Google should have to follow the personal data rules in these cases, but do not confuse this with the "right to be forgotten", which is about deleting information.

  26. Google Should be Doing This by herbierobinson · · Score: 1

    Nothing says Google couldn't publish the list of takedown requests. As long as they don't appear in search results, they would probably be complying with the court order..

    --
    An engineer who ran for Congress. http://herbrobinson.us
  27. I hope they get sued! by Anonymous Coward · · Score: 0

    Must people seem to be in support of this idea/site - I'm not.

    A large portion of you hate Google Glass often citing privacy reasons. Well, here we have a court decision to try and support individual privacy and now most of you seem to be against it.