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Google Told To Expand Right To Be Forgotten

mpicpp writes with this news from the BBC: Google is under fresh pressure to expand the 'right to be forgotten' to its international .com search tool. A panel of EU data protection watchdogs said the move was necessary to prevent the law from being circumvented. Google currently de-lists results that appear in the European versions of its search engines, but not the international one. The panel said it would advise member states' data protection agencies of its view in new guidelines. However, a link is provided at the bottom right-hand corner of the screen offering an option to switch to the international .com version. This link does not appear if the users attempted to go to a regional version in the first place. Even so, it means it is possible for people in Europe to easily opt out of the censored lists.

27 of 193 comments (clear)

  1. some sharp knives in that European drawer by Anonymous Coward · · Score: 5, Insightful

    Brought to you by the same people who invented Mandatory Data Retention, a politician's: we need to preserve accurate history for government control, but allow narcissistic individuals to enforce social forgetting. Only the powerful may control their own memory.

    1. Re:some sharp knives in that European drawer by MightyMartian · · Score: 4, Insightful

      All you're doing is delinking from a search engine. If someone else comes along and builds a search engine and spiders your false accusation, then your right back in.

      The rule is moronic, passed down by malicious halfwits.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:some sharp knives in that European drawer by Bobakitoo · · Score: 2

      That is exactly what 'Insightful' is for.

  2. This is clearly futile... by GoddersUK · · Score: 5, Insightful
    What's going through the EU's mind right now? "This is clearly futile, not working and doesn't stand a chance in hell of working... ...so let's do more!"?

    I mean, seriously, what will they be doing next? Asking all proxies, VPNs, and TOR to filter "right to be forgotten" search results. All airlines and airports offering international flights will require memory wipers to remove any "right to be forgotten knowledge" from your brain. All libraries, archives, repositories and public records offices will be required to go through old paper copies of documents with tipex...

    (Fun fact: "Right to be forgotten" censoring was basically Winston Smith's day job in 1984...)

    1. Re:This is clearly futile... by IamTheRealMike · · Score: 2

      What's going through their mind is this - we are politicians and regulators. We are in charge. If our power is being challenged by a corporation, we need to slap them down as hard as possible, as fast as possible, so we remain the top dogs. We are not concerned with minor technical details that boffins like to witter about: we are the Democratic Representatives of The People and that means we must be obeyed!

      The way this stupid "right" will play out was clear from the first moment the ruling was made. Lots of people with things to hide will try and get their misdeeds erased (check). Google will try and keep its results as uncensored as possible (check). EU will get pissed off that circumvention is easy and try to force them to perform global censorship (check). IP address based filtering will be implemented (not yet). Then people in America set up dedicated proxy sites so people in Europe can search uncensored (not yet). Then the EU will get mad and tell Google to drop the results from all search results, everywhere (not quite yet). And then there's going to be a big fucking showdown and we'll learn who needs who more. Or perhaps the UK will beat the EU to it with their parliament's retarded "Facebook should implement Minority Report" policies.

      Whatever happens, it's looking more and more like there's going to be a big fight, either over this or spying, or both. Politicians are running scared because they suspect when forced to make the choice, a significant number of their citizens would side with Google/Facebook/WhatsApp/Apple over them .... and if you're a politician, that attacks the core of your power and identity. They won't be able to tolerate that.

    2. Re:This is clearly futile... by IamTheRealMike · · Score: 2

      If there was a public blacklist, then it'd be easy to build a search engine specifically for blocked content that ran outside the EU, and thus the entire scheme would work even less well than it already does.

      What the EU court has set in motion here leads, eventually, to either a Great Firewall of Europe, or the EU getting to perform global censorship against everyone. Neither outcome seems plausible, so, what next?

    3. Re:This is clearly futile... by Tom · · Score: 4, Insightful

      What's going through the EU's mind right now?

      Can't tell (not telepathic), but I'm in support of this right and I can tell you what I think: The Internet is full of half-truths and outright lies. Search engines do not deliver results based on the truth value of sites, but on popularity, page ranking and such. If, 10 years ago, you were arrested for child porn, with headlines in the newspapers. Three months later, charges were dropped, everyone apologized profoundly to you for the mistake, the government paid a ton of money for your troubles and the prosecutor who go your arrested lost his job.

      Which part of this, do you think, will show up on Google, today?

      We can do nothing about people remembering things wrong. But we can do something about search engines creating false impressions.

      Maybe in the future, semantic web and intelligent agents will be able to show you the relevant context information and solve the problem. But until then, people's lives are being ruined and that problem needs a solution before they're dead, wouldn't you agree?

      --
      Assorted stuff I do sometimes: Lemuria.org
    4. Re:This is clearly futile... by IIH · · Score: 3, Informative

      If we are going to have some kind of right to be forgotten then it should be judged by independent specialists, pages that should be 'forgotten' should be added to a public blacklist used by ISPs so that it can be checked for abuses

      You misunderstand, it's not the page that should be forgotten, but the association created by google between that page and a particular person. Basically, you are effectively asking google "What is the most relevant thing about person X?", and google are returning irrelevant/out of date information. The result due to that association is within Google's control, and that association is what the court is addressing, not the existence of the page itself.

      --
      Exigo spamos et dona ferentes
    5. Re:This is clearly futile... by AmiMoJo · · Score: 2

      Firstly, it's not the right to be forgotten. That is just a proposal. This is a request under data protection laws that have existed since 1995.

      As for it not working, actually it seems to be working quite well. You make a request, if it is legal then Google stops associating certain results with your name. That's the entire scope and intent of the law, and it appears to work as advertised. There is no evidence of people using it to cover up unspent convictions, for example. There are attempts, but they are refused. You don't say that your firewall has failed because people still try to connect to machines protected by it, you say it is working as designed.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    6. Re:This is clearly futile... by mi · · Score: 2

      no better than "war on drugs" or any other method of milking the tax payer..

      Well, drugs really are bad for both the Individual taking them and the Collective he belongs to. They may or may not be be sufficiently bad to wage a "war", but they are bad.

      Google maintaining their indexing unaffected by the whims of subjects of some of the texts out there is not bad. Not at all.

      --
      In Soviet Washington the swamp drains you.
    7. Re:This is clearly futile... by drinkypoo · · Score: 2

      We can do nothing about people remembering things wrong. But we can do something about search engines creating false impressions.

      This is not about that. This is about search engines creating accurate impressions. See, it was already illegal in many of these countries to say bad things about people, sometimes even when they were true. But now people in these countries have the right to ask people to forget about things about them which are true. In most cases they didn't need a new law in order to actually go after people spreading rumors about them on the internet, the original laws would suffice. What this does is actually protect them not from things they didn't do, but from things which they did.

      The problem is, this information getting out is critical to society's advancement. Covering up people's actions makes them seem less commonplace without actually doing anything to curb the behavior. If the behavior is common and unacceptable for reasons of actual harm, then it must be uncovered so that something can be done about it. If the behavior is common and not harmful to others, then we benefit if it is uncovered and we learn more about it, so that we can learn (perhaps, someday) not to stigmatize it.

      The right to be forgotten is not about making the world a better place. It is about permitting people to behave badly without consequences.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    8. Re:This is clearly futile... by fustakrakich · · Score: 3, Insightful

      No, you are advocating censorship, a non solution to a basic personal problem of people who believe everything they hear. They are the ones ruining lives. Deal with them. Leave Google alone! You only have the right to prevent information from being used against you, not the dispersal of the information. I'm always hoping we can achieve P2P internet that will be impossible to censor. Something to make the authorities squirm. That's the best way I know how to finally end this silly discussion every time the subject comes up. Censorship is always evil, without exception.

      We can do nothing about people remembering things wrong.

      To bad, they are the people who cause the damage and should be sanctioned. You are attacking the wrong guy. Please learn the difference between word and deed. They are as distinct as anything can be.

      --
      “He’s not deformed, he’s just drunk!”
    9. Re:This is clearly futile... by drinkypoo · · Score: 3, Insightful

      Incorrect. If the court was saying to remove the page in question, then that would be forgetting things which are true.

      However, the court action is directed at the association created by Google between a particular person and a page.

      There is no functional difference; if you can't remember what you forgot, then you forgot it. The data might be out there someplace, but if you can't find it, then you can't make use of it.

      No, it's about requiring search engines to stop returning irrelevant items about a person when asked for relevant items,

      As the person initiating the search, I decide what is relevant.

      Without this law, search engines could report results which are false and do harm with impunity.

      No, no they couldn't, because you'd click on the links and you'd see the actual result. Search engines can only report what is there; they might report on it incorrectly, but you can always check up on them.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    10. Re:This is clearly futile... by Tom · · Score: 2

      How does one filter the good information from the bad?

      Academically? Untracktable problem.

      Pragmatically? If you can't find it on Google, then for 99% of the Internet users, it doesn't exist.

      it fails because it ignores the technical constraints to implementing such an idea.

      I say it succeeds, because it takes a pragmatic, real-world approach to the issue and accepts that its solution is not 100% pure mathematical perfection. But in the real world, 99% or 95% or 80% or sometimes just 51% is sufficient.

      For example, if a politician is caught for embezzling money,

      This point is much stronger and better thought-out.

      Yes, in an ideal world, we could guarantee that the search results return a balanced view of the subject, with both pro and contra, bad deeds and good deeds, accusations and convictions as well as acquitals.

      Until we live in that world, is it better to throw up your hands, accept Google's profits as more important than the life of innocent people ruined by "oh shrug, that's just how our search algorithm works" or is it better to protect real breathing humans and force Google to spend one millionth or so of its profits on it?

      But at the same time, your problem is also the answer to why this law doesn't apply only to those innocently accused. Because there's no objective truth that would help us decide what to keep and what to forget.

      without bringing child pornography into it.

      I chose that specifically, because for other crimes people might decide to simply ask you if it was true. For child porn, that's very unlikely. You'll just be dropped from the list of candidates without ever learning why.

      --
      Assorted stuff I do sometimes: Lemuria.org
    11. Re:This is clearly futile... by Tom · · Score: 2

      There is no need to kill the tyrant.

      And here it is, the simple answer to a 2500 year old philosophical debate, in a /. posting...

      Words are completely, utterly inert, more inert than helium.

      Dennett (an actual philosopher) calls this kind of statement a "Deepity". A hollow phrase sounding profound, but it's actually either false or trivial, depending on how you read it.

      Words are the primary tool of people in power, and have been for 10,000 years. Only those who neither understand nor wield power disregard them.

      --
      Assorted stuff I do sometimes: Lemuria.org
  3. Send request to the site hosting the information by jfdavis668 · · Score: 4, Insightful

    Send the request to be forgotten to the site that actually hosts the information. That way it will disappear in all search engines.

  4. China wants in on this deal too by LihTox · · Score: 2

    If Europe can regulate what the whole world sees on Google, why not China?

    If they do go through with it, let's at least have a www.google.us without the censorship. (Probably a good idea anyway.)

  5. "Right to be forgotten" treads.... by mark-t · · Score: 3, Interesting

    ... too closely to history revisionism, IMO.

    If you have put something unpleasant behind you, then really it should not matter if details of it are still available for other people to read... In fact, if it does, then the matter isn't really behind you at all. if other people are going to judge you by your past, that's unfortunate, but that's also just life... It shouldn't be up to legislation to change how liable people are to judge books by their covers, as it were.... That's a moral failing on their part.

    People need to live their lives the best that they can... everyone fucking makes mistakes, and we learn to live with them. I used to know somebody who was crippled for life as a teenager because he was being reckless. he could easily still be reminded every single day of his life, even now over 30 years later, of what he should have done... so you can't somehow say that the Internet is somehow different just because something online can last forever, because there's other stuff that can be just as interminable.

  6. Google doesn't have to comply by Begemot · · Score: 2

    EU is not going to shut Google down. What everyone's going to use? Bing?

  7. Re:Global jurisdiction by johanw · · Score: 2

    Well, it's not that different from me (non-US citizen) receiving DMCA requests. If I mail them back that I don't care about laws that are not valid in my country some Americans seem unable to understand why I refuse to take action.

  8. Arranging forgetfulness In Soviet Russia by mi · · Score: 5, Interesting

    The Stalin-era edition of Soviet Encyclopedia — a monumental collection of large volumes not unlike Britannica — once had a large article (full of praises, of course) about Lavrenty Beria. When Stalin died, Beria lost to others and was promptly shot.

    To erase the memory of those praises, all owners of the encyclopedia (there weren't that many) were required to cut out the article about him — and replace it with an article about Bering Strait. True story...

    --
    In Soviet Washington the swamp drains you.
  9. Revisionism of history by RandCraw · · Score: 2

    Editing the historical record sounds awfully like hiding your past. Why isn't this like pretending the Holocaust or Stalins purges just never happened? Wouldn't IBM like to assert (without contradiction) that it never assisted the Nazis in the Death Camps?

    This is an initiative only a corporate tool could love.

  10. Google should just pull out of these countries by mysidia · · Score: 2

    Outsource their Advertising business to a subsidiary that has no control of what search results appear on the page.

    Let that subsidiary do all business in Europe; let the search company not do any business in Europe.

    And then the search company can simply ignore all requests to control search results as out of jurisdiction.

  11. Orwell by Animats · · Score: 5, Informative

    "He who controls the present controls the past. He who controls the past controls the future." - Orwell, 1984

  12. Re:But correct != complete and fairly representati by sabri · · Score: 2

    For example, there was an infamous case in the UK a few year ago when a paediatrician -- a doctor who specialises in helping children -- was run out of their home by vigilantes who were too stupid to know the difference between a paediatrician and a paedophile.

    So, you're arguing that due to English schtupidity (pronounce as Clarkson), Google should conceal factually correct data from being discovered while it is perfectly visible elsewhere on the web?

    in reality the people accessing information on the Internet are only human, and in reality even well-meaning people may come across incorrect or misleading information and make judgements based on it without realising they were in error. That means sometimes it does make sense to conceal information, at least partially or for a limited period of time, in order to protect other humans from unfair harm.

    No disagreement there.

    I believe everyone has a basic moral right to fair treatment in this respect, particularly because the damage to a wronged individual if that right is violated will be far greater than the damage to someone who just didn't trivially find out about some possibly incorrect allegations.

    And this is the part where it becomes interesting. Remember what is happening here. Google is a search engine, an indexer of information that is readily available elsewhere. If the Guardian reports about child-abuse allegations against John Doe, and Mr Doe is acquitted in court, the report about the allegations are still correct. You're arguing that Google should no longer be allowed to produce search results that link to the original allegations. I'm arguing that this is a silly way of handling things. If one would really want to protect the acquitted, the law should mandate that the article be amended with information regarding the acquittal.

    Obscuring the fact that the original allegation was made by passing laws against an indexing service smells like Chinese Censorship to me, and I find that to be a dangerous slippery slope.

    I also note that the justice systems in almost every civilised country take a similar view, often such that even actual criminal convictions become "spent" after a time and no longer need to be disclosed. It turns out that sometimes people do change and that encouraging the successful rehabilitation of past offenders makes that much more likely than leaving them with some minor infraction hanging over them for the rest of their lives.

    Totally agree there. But my point remains valid: in such a case the origin of the information should be affected, not the indexer. And also, most criminal convictions will stay on the record (especially in the case of felonies), but won't be taken into account (or to a lesser extent) when performing a background check. In my former home country (The Netherlands) that usually means 4 years for infractions, 8 years for felonies. The record itself stays and the individual can go to the courthouse to see the rapsheet, but it will not be disclosed to anyone.

    I assume that in yours my freedom of movement also extends to the right to enter your home and my freedom of expression extends to the right to spray paint abusive comments all over it?

    You have the freedom of movement that extends to the border of my properties. Your freedom of expression extends to the right to say whatever you want. Spray painting is not free speech, that would be infringement on my property rights. I think it was Thomas Jefferson who once said:

    The legitimate powers of government extend to such acts only as are injurious to others. But it does me no injury for my neighbour to say there are twenty gods, or no god. It neither picks my pocket nor breaks my leg.

    --
    I'm not a complete idiot... Some parts are missing.
  13. Re:But correct != complete and fairly representati by sabri · · Score: 2

    I'm arguing that because of human nature search engines should be required not to promote misleading or inaccurate information that may lead to unfair inferences being drawn about innocent people, once the search engines are explicitly made aware that they are doing so.

    Unfortunately from this point of view, there are plenty of places in the world where they will tell you to go hang, because their right to mislead people about you is more important than your right to be treated fairly. This law is the closest we have right now to routing around that problem.

    Ok, so we have nailed your point of view down to "we can't control the content of the book, but we do control the table of content". Don't you think that's a bit like shooting the messenger? Furthermore, don't you think that you're now placing an undue burden on a company that has nothing to do with the content that is being indexed?

    I find this a typical case of where governments go wrong. They won't go after the one they need to go after, so they go after the one they can go after.

    --
    I'm not a complete idiot... Some parts are missing.
  14. Re:This is not about revisionism or censorship ! by physicsphairy · · Score: 5, Insightful

    I'm pretty sure for "most of our history" people have lived in the same rural communities where, not only did everyone who regularly encountered you have a pretty good running list of all your past major mistakes (which makes a great way to pass the time) but good luck outliving their memory, especially for the big ones. Identifying tattoos have been used as punishments since at least Roman times, and I'm not aware of any historical laws which really reflect the idea of a "right to be forgotten." Obviously anyone who could write could have gone out of their way to keep records on you at any point in history.

    Which is not to immediately say this right to be anonymous is a bad idea, but I don't see how you could support it as some kind of social inheritance.

    But note where you have gotten your ideas of anonymity. I assume you're from a modern urban area. There are so many people and so many things to keep track of that everyone is effectively anonymous unless someone goes to an effort to make it otherwise. But this same process is exactly what is happening with the internet. The more information which is provided the more your individual details are washed out. Believe it or not Google and the modern data age is making you *more anonymous.* Lives are not being ruined forever. As time goes on we are soon going to start having to reconcile with the fact that *everyone* is going to have embarassing crap online, not just the unlucky few. In all likelihood we are going to quickly move past it as a society, at least as much as we have ever done before.

    As for the accusation of revisionism and censorship : this is the exact reason why the search engine are asked to remove stuff, and NOT the original publication. Because then the information is still reachable by the same OLD fashioned way we did before : old fashioned research.

    And exactly how long do you think it is before someone wants the original publication delisted as well? Or before governments realize that there is *lots* of stuff they can think of good reasons to delist? How hard do you think it is to extend the capability? Since you're interested in how history informs the present, why don't you go back a couple hundred years or so and pick out a dozen governments you would trust to have this level of control over what information is presented to the public. Any contenders?

    As far as I am concerned the major improvements and liberalization in many governments in recent years relates directly to an increase in public transparency and communication. To a large degree those things happened simply because they were outside the government's control to stop. Now we're back on the otherside of the pendulum where technology is returning power to control information into their hands. I think if you want to bet on their continued benevolence, then you aren't betting on history.