Google ordered to remove links to stories about Google removing links to stories
arstechnica.co.uk
arstechnica.co.uk
Those news articles about the right to be forgotten mention some private people by name, who have exercised their "right to be forgotten." The only request is that Google doesn't find a hit when someone searches for those people's names. If your search terms don't include those names, then it's ok to find those articles. Just not if you are specifically searching for info on those particular people by name.
It's sad that a journalist would forget to mention the key point. Then people get justifiably upset, and no one wins.
If google doesn't like it, they are free to stop doing business inside the eu.
> Yeah, totes weird how Europeans expect companies operating inside Europe to obey European law
And two good example of people thinking that Europeans/Americans/etc are just one big homogenous organism.
It is very explicitly a tradeoff where everyone involved understands that the information won't go away, and where the courts have very explicitly said they will not consider trying to make the information go away as that would fly in the face of freedom of speech.
The ease of access to information has a very substantial bearing on how much having the information out there affects peoples lives.
You'll have to pardon me. I'll be over here, in the corner, throwing up.
Obviously, you can’t remove the newspaper article, even if it is heavily editorialized.
But removing the connection between my name and that article would be possible. If someone searches for the specific article, they’ll find it. If they search for my name, they won’t.
A reasonable compromise (all data is still there and readable, but my name isn’t connected with it anymore).
Wouldn't it be easier to have a law requiring that if the newspaper article is online, then they MUST have some sort of Editor's Note or retraction in bold before the actual article.
Imposing restrictions on messengers does a huge amount to the message; that's why states also often take steps to restrict political advertising even whilst allowing candidates to say what they want
The law places a very large burden on search engines (and who knows, perhaps other platforms in the future) that now must evaluate and remove/deny all requests or risk expensive litigation. I think most companies will err or the side of safety and remove most requests, making censorship easy.
Hopefully this will not extend to all new content created about the past events and the person, because there could at times be a reason for new content on an old topic to be relevant to the public and people should be able to find it then. I fear it will however.
I have a common name, and the idea that someone with the same name could wipe me from all of google's results is ridiculous to say the least. It's a stupid law written by people with no understanding of technical limitations or the competence to think these things through, much like the people using this law.
Yup, it is ridiculous. It is also not what happens, not what the law provides for and not what the article is talking about.
I understand slander laws -- so that people can't make up stories about you and present them as facts.
I do not understand the Right to be Forgotten -- if something is true and public information, why should Google hide the data from its search results? An article being about you does not mean that the information inside of it "belongs" to you.
>> "the links relating to a criminal offence that were removed by Google following a request from the individual concerned."
You can't request the BBC or Telegraph to take down true and legitimate articles (nor should you), so on what basis does the EU think that they can order Google to alter their search results?
It doesn't come up often with respectable media outlets, because they have mostly internalized this norm anyway, and wouldn't run such a story. But I could imagine a tabloid or daytime TV show doing something like that, if it were legal.
Somebody (e.g. Billybob) does something stupid that winds up on the local news sites. 6yr later the court case is long since closed and he wants it behind him because it was a just a drunken mistake. EU says he has a right to be forgotten which he exercises. Google deference the news articles from Billybob's name. Billybob Google's himself and finds a blog about Google referencing search results that mentions him by name and the nature of the result. Since it mentions him by name it's a primary result (you Goggle Billybob and it comes up) and Google should have to remove it per the law.
Obviously this sort of law creates an incentive for background check services to just crawl every news site imaginable which could create a whole set of different problems but that's beyond this scope...
I think it'll just take time for society to understand that people do stupid shit and ignore it as long as it's irrelevant to the context and "forgetting" events is just a stopgap. Eventually people will realize that racists, political extremists and people with non-violent felonies can still function normally from 9 to 5 and this will be a non issue.
This problem has a lot in common on the technical side with dragnet surveillance and law enforcement. Google needs to determine what is and isn't relevant when returning results for somebody. Some misdemeanor in highschool is of dubious relevance 10yr after the fact and if the person apparently has a lot of results that paint a picture of them having a successful career and generally having moved on. Google could put that on the 3rd or 4th page, after all the "people named $name in $state" public records databases, where it's practically forgotten. Meanwhile the NSA (or whoever) needs to figure out how to filter out and avoid flagging for followup that sound like flags but are actually sarcastic, based on inside jokes, or obvious false positives when considered in context (to avoid wasting their time,wasting our money and violating people's privacy).
Bingo
Scenario 1. HR scans resume, types name into Google, finds Github profile and a couple of headlines in local newspaper about arrest, discards CV
Scenario 2. HR scans resume, types name into Google, finds Github profile and forwards to dev team. Interview arranged as goes well and offer is made pending background check. Company pays $30 to agency who confirms grades and work history and additionally reveals that you were arrested but not charged for a misdemeanour when you were a teenager
In the second case, there's a pretty good chance the candidate will actually get the job.
Let's say your name was "Mike Smith." Pretty common name, right? Even if HR took your Hiring Scenario 1, it will be most likely it will take until the offer-pending-official-background-check is made. Why? Because "Mike Smith" brings up hundreds and thousands of results even with a geolocated search. Living in a city of several million is a boon to reformed misdemeanor teen Mike Smith. That's not even considering the legitimate criminal Mike Smith's that need to be ignored for our innocent Mike Smith's sake.
Now, if your name was "Quincy Brouwer" (Dutch Surname), its easier for this arrest to pop up.
The reality of the situation, at least from what I've seen, is that there is a hybrid of Scenarios 1 & 2 that actually go on. they will do some rudimental Googling on your name, but it won't be until the offer is about to be made that they'll do the formal, paid, background check and look into your credit history and other things.
Unfortunately on the other side of the coin, for developers in particular, many will go through several rounds of sometimes grueling technical interviews only to find out a silly mistake they made as a youth disbars them from the job.
This is a great point and it ties into a relatively new change in the cultural landscape from "no news is good news" to "_any_ news is bad news." Search Engines are often the culprit, as well.
Not a fully accurate example, but it describes the situation - Suppose CS student BillyBob got drunk out with his freshmen friends at a bar night, and he really needs to pee. he climbed the fence into a construction area and was soon arrested for trespassing along with charges for being drunk in public / whatever else is related to the charge. To his dismay, he ends up on several public news site, despite the judge writing off the offense and letting him go free. He finished his CS degree with honors.
These news sites do not really care that his charge was far more innocent than, a guy who assisted in something far more malicious, say, the Watergate scandal, and yet his chances of finding future employment are reduced drastically as he easily appears in search results. IMO, the new normal works like a boolean, either flagged or not flagged. This is irrespective of his efficacy as a developer, and the fact that he learned from a college mistake.
:ED: Didn't see you updated your post to include a similar situation.
In sum, I think the Right to be Forgotten was a good idea, but it was not implemented correctly.
Hence jerks like Eric Schmidt suggest people should change their name if they want not to have youthful hijinks follow them around, yet is happy to use his billions and lawyers to keep his mistresses' stories off the internet.
The way that I had previously interpreted it, a person or entity could ask to have all references to them removed. The request in this article isn't that, though - it's a request to cherry-pick, and have subsets removed.
To me, this feels too exploitable. I'm not sure whether I could agree with a Right to be Forgotten in the first place, but if there were one it should be all-or-nothing.
---
EDIT: It appears, per @alain94040's comment, that this is not entirely the case, and that the article was not accurate.
The interpretation that @alain94040 explained, which is that Google would still show the articles in question, just not if the query includes the entity who requested they be forgotten's name (or is it just not weighted by the name? If a name's included, but the rest of the query is sufficiently strong, would it still find the article?) actually seems completely acceptable in the realm of a Right to be Forgotten.
Information has basically zero copy cost, and can't be removed once given. So to stop people from knowing, you have to stop them from originally learning. Except that the ability to learn is "cheap".
The same problems result whether we're preventing the spread of how to build a bomb, breed a superbug, or remove naked photos. Somewhere in that continuum will be info that you agree is best not to be spread, but the steps required to enforce that can be a lot more expansive.
It's hard.
I'm against the law in general, but I have to admit there are cases that I find innocuous when considered by themselves. If Google has to delist an article about a private citizen's minor indiscretions, I disagree, but it's small potatoes. But any law is subject to potential overreach, and to combat it, we have to be able to discuss it. It seems that this decision works to censor criticism of the law as well.
As someone will point out, you can criticize the law and be ok by omitting the relevant facts (is that just the name of the individual involved?) but I think it is bad to put this requirement on any critical discussion of the law.
There's a reason the "slippery slope" is such a popular phrase in legal discussions. What exactly is "minor"? Who is a "private citizen"? Where do you draw those lines? Everything is a spectrum.
In order to arbitrate in situations where there are shades of gray, we need judges. But laws such as this are impossible to bring before a judge due to their quantity, and there isn't necessarily a single party "damaged" by the takedowns, which makes it even less plausible. There is a public interest in having this information, and it's hard to get individuals in a free society to spend a lot of time and money fighting for public interest.
If you're against this law in some cases, you have to be against it in all cases.
I don't know what this is supposed to mean. Of course, if I am against a law, I think it should not exist. And that covers all cases.
But equally obviously, I can say that there are cases where applying the law has better or worse consequences.
I was referring to that statement. It's never "innocuous" because there's no universal, objective guideline for what is innocuous and what isn't. Something that seems innocuous to you as a spectator may not be for people involved.
Case 1 User searches for "right to be forgotten abuses" he finds a webpage about how Johnny DidBad did a bad thing and is now abusing the right to be forgotten law. In this case the right to be forgotten isn't doing anything.
Case 2 User searches for "Johnny DidBad" he won't find the webpage about how Johnny DidBad did a bad thing and the right to be forgotten abuses.
I'm not saying I agree with the law but I don't think it limits the ability to discuss the law, and potential abuses of it.
http://www.theonion.com/article/aclu-defends-nazis-right-to-...
At the very least, I like the notion that a person should be able to have some level of control over what companies are allowed to access about them; the control over what information may be in the public sphere is a little more difficult to talk about. E.g., I deeply dislike that most companies operate on an opt-out system for information collection; I would rather information collection (particularly anything dealing with personally-identifying information) to be universally opt-in with some reasonable attempt (not an EULA) made to offer the user an informed decision.
Search-engines are tricky because they provide a public service for finding information but are, themselves, a company that often profits from the collection of information both in the usership of their service and in the data they crawl to aid their users in finding content.
My current opinion (which is not yet fully formed) is that it is wrong to order Google to unlist results; but, on the other hand, it should be completely legal to order Google to remove what is essentially a dossier that they have on a particular user (at that user's request).
I am still mulling this whole thing over; but, at the very least, it is obvious that the issue isn't a simple one.
Does a corrupt politician have a right to be forgotten forgotten? Former politician? Bank executive? Hedge fund manager? Barbara Streisand? How about those who donate to political causes? The trend seems to be going the other way on that one, at least in the US.
What is the criteria and who decides? I can't imagine how such subjectivity would not be abused.
While there are, in general, a lot of good reasons for transparency in society, there are probably good arguments for keeping certain types of information private now that they're so much easier to access.
I just don't think it's practical.
Even if you believe there is some theoretical framework that would not put undue hardships on all to comply and only be applicable to those causes in which we overwhelmingly agree upon, this isn't the framework that will be applied. The fact is I won't be involved in designing this framework and (presumably) neither will you. In fact, I will likely never even understand the framework. The people who will be involved will be the people with the most at stake and the most amount of money. They will know how the framework works and will be integral in designing it to benefit those same people. Classic regulatory capture. Intentions are not results.
As an interesting aside, http://morph.is is hoping to implement Distributed Search, effectively nullifying arguments like this. Which, in my opinion, is for the best.
"When the World Brain is capable of honestly deciding, it may then rule upon my compensation from the Fund from that point and beyond. I will turn over complete control of the Fund to the World Brain once it is legally or de facto capable of asserting such control."
You can't be serious. This is exactly what happens all the time with internet hate mobs.
It's also easier to discredit information based on who's spreading it. Meanwhile Google is taken as authority on what's relevant.
So actually there is something to do with tech we could do: transparent trust chains where you know where information is coming from out of your trusted peers and which trusted peers of theirs. It's very hairy, because trustworthiness in one subject doesn't carry over well in many cases, but maybe machine learning will help us there. That would be a nicer scenario than everyone trusting what Google says should be the most important public things to know about a given person. Even politicians suffer from misinformation spread by opposition, so it's not clear cut even in that case.
I don't like that people are wrongly charged with a crime either. I think as more information about people becomes made available, our culture will shift to become more permissive as to appropriate behavior. As the sexual revolution brought about attitudes towards personal relationships, I think eventually society will be more forgiving with the information available online about a person.
A search on even the worst of corrupt politicians usually surfaces information on their achievements as well as their failings, and probably highlights a notionally "NPOV" article and their own homepage as the top results. And of course, corrupt politicians, being public figures, end up Streisand-ing themselves if they attempt to abuse the legislation to hide particular articles about their past.
As for the actual legislation: there's an opt out for media companies (Google chose not to try to identify as a media company), a public interest defence, and the local "information commissioner" that Google can refer the case to if it doesn't want the cost and risk associated with making its own "right of removal" vs "public interest" evaluations.
It is a step in the right direction gone to far, stepping over what is actually important.
The Right to be Forgotten is a far better implementation than that, IMO
Imagine I was suspected as criminal once. Then, if someone searches for the case, they should be able to find it.
If someone just searches my name, they shouldn’t.
The issue isn’t existence of information, but that this information is connected to your name.
Yes, but how do the EU regulations in question promote this goal? Background checks still exist, as does the information about you online. These regulations only impose a small burden to finding the information (by eliminating the quickest and most convenient way of finding it). They offer the illusion of control and nothing more.
> "My current opinion (which is not yet fully formed) is that it is wrong to order Google to unlist results; but, on the other hand, it should be completely legal to order Google to remove what is essentially a dossier that they have on a particular user (at that user's request)."
Again, you're confusing things that are related but not the same. The information cannot be deleted. If Google learned something about you from public sources, that information is in the public domain and Google doesn't own or control it (though it may offer access to it). If it gained that information because you used one or more Google services, then Google has a right to use the information for purposes specified in the EULA.
If you want to have control over your information then the only way to accomplish that is to not give it away in the first place. Neither the individual in question nor Google have any ownership over information once it's public. The only question is how easy and convenient accessing that information should be.
It only benefits those who are already powerful to make access to information difficult. For example, a company can still find out if you were charged with a crime even if Google doesn't return results related to that event, but you will have a much harder time finding out if that company pollutes the environment (do you want to dig through EPA files or review past court cases against the company?) if news articles relevant to that topic have been expunged from search engines.
"The Right to be Forgotten" is just doublespeak for censorship. Selling it as an indispensable tool for personal privacy is a sickening irony.
The idea is that the stuff you did as teen should not be public for everyone – a future employer, or neighbor, should not be able to find your drunk partying photos on the web (an actual issue currently, where employers openly suggest people to "just stop partying or stop using the web").
Also, I said that it should be legal to order google to delete its stored profile of a user, not that it should have to delete the sources where it got that information from.
http://intelligencesquaredus.org/debates/past-debates/item/1...
It's a fascinating debate, and a really great listen. For me, I was on the fence at the beginning, but ended up firmly on the side of "No, the 'right to be forgotten' should not be adopted by the United States" by the end of it.
Edit: Oh hey, I listened to the podcast, but turns out there's a video version too. https://www.youtube.com/watch?v=yvDzW-2q1ZQ
// You guys had a rough week, huh?
So nice to see the Kleene star in practice!