Google Rejects French Order For 'Right To Be Forgotten'
Last month, French data protection agency CNIL ordered Google to comply with the European "right to be forgotten" order by delisting certain search results not just on the European versions of Google's search engine, but on all versions. Google has now publicly rejected that demand. CNIL has promised a response, and it's likely the case will go before local courts. Google says,
This is a troubling development that risks serious chilling effects on the web. While the right to be forgotten may now be the law in Europe, it is not the law globally. Moreover, there are innumerable examples around the world where content that is declared illegal under the laws of one country, would be deemed legal in others: Thailand criminalizes some speech that is critical of its King, Turkey criminalizes some speech that is critical of Ataturk, and Russia outlaws some speech that is deemed to be "gay propaganda." If the CNIL's proposed approach were to be embraced as the standard for Internet regulation, we would find ourselves in a race to the bottom. In the end, the Internet would only be as free as the world's least free place.
Google already has no presence China (and arguably for noble reasons -- they didn't feel like giving up lists of dissidents).
I wonder if the same thing will happen in France, if not the entire EU. They can shut down Google's presence there and jail all employees, but the data can be replicated offshore, making all the right to be forgotten laws a moot point.
Wonder who will win. Ultimately, can Google lose the EU for a market as they did China?
False accusations suck, but that's not even it's primary use. But it would be naive to not consider the ramifications beyond. It could mean that search results for Tienanmen Square or Falun Gong could be missing world wide because Chinese law bans results for those pages in their jurisdiction. Every country wants their laws to apply to everyone else, but doesn't think of the consequences then of having to apply everyone else's laws to themselves.
Even more so, seems silly that the remedy to a false accusation is to delist a page from a search result. Seems that libel statues would apply that you should direct at the content publisher not the search engine.
The world will be a much scarier place if we don't have freedom of speech because some people could tell lies.
I played baseball as a kid and I made the local paper a few times in my youth. My local library can get, pretty much, a copy of any newspaper that's ever been printed and archived.
I assume other countries like France have similar archives. Would this "right to be forgotten" also apply to paper archives? What about public records such as financial transactions?
It seems irresponsible of us to deprive future generations of these potential historical records.
Incidentally, this was also why people were so wary of outsiders: because they lacked a known history attesting to their character, and because one always wondered what incentive had caused them to favour the uncertainties of leaving their town to venture elsewhere. It is also the root origin of patronymics.
In several credited (*cough*) theories it is also the origin of money: allowing people deemed to be “credit risks” (which is to say, without a known history nor a certainty of future reciprocation) to engage in transactions.
Just sayin’.
"Place me in the company of those who seek Truth, but deliver me from those who believe to have found it."
Everything everyone does is part of history. The "right to be forgotten" is just the 1984 memory hole with a friendly face. It starts with misunderstandings and people saying "they were a kid when they did that" and ends with inconvenient facts about what people did before their "views evolved" being forcibly erased for the convenience of the one wanting their past hidden.
So you agree that you should be able to be charged under Thai laws for criticizing their king? Or Saudi laws for blasphemy?
Or do you understand there are such things as jurisdiction, and Google is saying "we reject your assertion of extra-territorial jurisdiction"?
Unless you think your posts on the internet should be under the jurisdiction of every piss-pot dictator on the planet, what the hell do you expect from Google?
Google is doing the right thing here. French courts have the right to make decisions on what happens in France. They sure as fuck don't have the right to tell Google what to do in every other country. The world doesn't work that way.
If that was true, we'd all be under Sharia law or whatever country mostly loudly decided its laws applied globally.
You enjoy the same protections as Google ... if in your home country France sends you a letter telling you that you must comply with French law ... you too can tell them to fuck off. Unless of course you live in France.
Do you really think that France has the right to dictate the behavior of the entire internet? If so, you're a fool.
Lost at C:>. Found at C.
It is a worry that there is a fight between a company and the people of several countries and that it is even contemplated that the company and not the people, has some rights.
If companies have no rights there is no reason for them to exist at all. Since companies are almost entirely responsible for the economic well being of the world, you should seriously consider the practicality of your position. Just because some country comes up with some loony irrational law doesn't mean that the rest of us living in other countries should have to live with it. Should I have to respect the Chinese government's position on Tienanmen Square when I live in the US? Because that is EXACTLY what you are arguing for.
In this instance Google is right. There is no way they could respect ridiculous laws like this one globally. If the people of France are uncomfortable with that then that is their problem and they have no right to make it the problem of the rest of the world.
If it is between the people and anybody else, some countries even pretend to talk about "We, the people ..." and they should ALWAYS be priority number one. If it is inconvinient for a company, fuck that.
Those very same people work in the companies you are so quick to dismiss. Companies are nothing more than a collection of people working together. So because people work in a company their rights no longer matter? Thank goodness you aren't in charge of anything if that is what you really think.
Yes, Google has a presence in France. The French Google subsidiary does de-list things in accordance with local laws. Google subsidiaries in countries that don't have those laws - Japan, the US, Canada, etc. don't have to follow those laws, but that's what the French are asking for.
Examine even your most deeply held beliefs. Nobody is always right.
Ain't necessary. In France, Google does actually filter the results.
Implementing such a thing would not accomplish anything.
France wishes to enforce its laws outside of France. And that's something they lack the aircraft carriers for.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.