Pianist asks Washington Post to remove review under 'right to be forgotten'
washingtonpost.com
washingtonpost.com
It would be highly problematic if it could be used by public people like politicians to carefully manage their SERPs, but that is not the case, even if people like this pianist go to court with ridiculous cases.
And the pianist is not going anywhere, he wrote a letter to the wrong organization (and now he's thrown under the bus). He can only scrub results on the European Google.
It's a peculiarity of the current age that we can find out so much about people so easily, that trivialities are preserved in photographic quality, and that these records are preserved publicly for extended periods of time.
I think the "right to be forgotten" has always implicitly existed and that we accidentally erased it before we realized what we were doing, and only now are seeing a backlash as the effects of that choice are being felt.
What's worse is that back then people had difficulty discovering rumors about themselves. At least today, we can do vanity searches.
No one is saying that people don't have a right to their memories. Even communities have the right to remember things collectively. But imagine if you couldn't get a job in your small town because everyone whispered about you being a child molester or something. You couldn't get housing. No one would talk to you. You had to beg for food. My example is a bit extreme but it illustrates the example well because some of these things happen on a massive scale to people whose potential employers web search them.
Moreover the concept of free speech itself has been high-jacked by big money for bullshit (the nickname for citizen united), so I don't see how it's protecting anyone from anything, it's part of the game. Free speech was just a protection of political ideas against the government and it's mostly dead in the days of terrorism law.
When that right collides with the publication of information the court needs to weigh how to best protect public interest.
In this case the court decided that privacy rights for information that is not in itself in the public interest outweighs the interest of making the information easily searchable.
I argue that an act that is reported in a newspaper does not have a reasonable expectation of privacy, and as a result that the right to be forgotten is distinct from the right to privacy.
More particularly, the concept of public interest is static neither in time nor is it equal across all citizens, but rights are by definition equal across all citizens. A rule that always applies except for when it doesn't is really just a venue for arbitrary decisionmaking.
Presumably if you're of sufficient public interest to be the subject of works of history, you'd not even get it delinked.
They found this idea of scrubbing search engines as some kind of way to add resistance like going to the basement of a newspaper was a resistance, while not actually censoring the newspaper itself, because it is information and it was published. There is also this idea that even if what you did was wrong (but I guess it's also for victims) you should not be nagged about it all the time, the idea of redemption.
In this case, the EU is trying to balance a right to free speech with privacy rights that have a history of very strong protections in Europe, on the assumption that violation of privacy rights can be a direct harm to people, and your rights to free speech does not extend to violate my rights to privacy to the extent of potentially causing harm unless there are yet other interests that factor in (such as public interest is, say, knowing whether or not a public figure is corrupt).
Further, if Google wants to make the argument that its index is expression, then it'd open the floodgates to get sued for any defamatory material, copyright violations etc. in its index. At least in Europe I doubt Google can get away with claiming its index is expression without being in for a world of hurt.
Why does that justify compelling people to forget something under threat of fine or imprisonment?
This is not to mention the fact that this notion of a "right to be forgotten" will mostly be abused by people and groups who can afford PR agencies, not random average Joes who want to hide their shady past.
I also find it odd that this is a case where governments are delegating what is effectively a judicial action to private companies. Because otherwise we are going to have complaints like Lazic's, which are going to the wrong people entirely. (I am also in full disagreement with Lazic, that everyone should be able to alter their search results.)
As an aside, as far as I understand the ruling, it is only for search results on the person's name as a query, not for unrelated searches that might turn up the same results.
People may Google my name and find things I don't want them to see.[1] Fortunately, I can do the same to them. Even though most people are nice most of the time, this fact incentivizes everyone to be nicer than they otherwise would be.
If we allowed people to take down results they deemed undesirable, it would give bad people fewer reasons to behave nicely. After all, they can just make search engines remove the entries they dislike.
And there's the problem inherent in all censorship: Who do you trust to determine what you're allowed to read or say?
1. Actually they might think I've been murdered, but that was a different Geoff Greer (may he rest in peace). Should I be able to get those results removed? After all, the late Geoff Greer won't mind.
Also, no, you cannot have the late Geoff Greer's article removed, because it's not you. As I understanding the ruling, you can cannot act on behalf of someone else. Particularly not one who is dead.
However, I do agree with you on the problems with implementing such a system, which is why I at least think the EU should be handling the requests and not Google. But even so, while I agree with the principle, there will always be someone abusing the system.
Second, even if that were true, so what? The costs and benefits are totally different. To use an analogy: There are arguments for organ donation that also apply to organ theft. "One person's organs can be used to save a dozen lives." That does not mean organ theft should be allowed or that organ donation should be prevented.
> My main objection to the "right to be forgotten" is that censorship of non-defamatory information helps unsavory people more than nicer ones.
You did have a good argument though:
> And there's the problem inherent in all censorship: Who do you trust to determine what you're allowed to read or say?
Does it though? I think this is not one of the kind of statements one can prove (sort of creating a world to experiment on).
>If we allowed people to take down results they deemed undesirable, it would give bad people fewer reasons to behave nicely.
Well, we didn't have Google back a few decades ago, and we still managed to have civilized societies.
In fact, some societes were much more civilized then (e.g. with regard to fraud, or whatever), than societies with Google access are now.
If someone has published libelous statements about you, there are legal remedies for that. If they're insufficient, those laws should be improved.
Your shit does stay with you forever. As it should. Because it's truth. Crafting your own image by using legal means to remove things you don't like presents you as someone who you are not. I find the thought of doing that to be incredibly unethical.
I've certainly posted things on mailing lists (that are likely still publicly searchable) that I regret. I was younger then, and now I'm maybe, hopefully, a little wiser. I would hope that someone seeing something from me posted in the 90s (for example) would think "oh, he was a teenager then, and he's probably a very different person now". And if not... well, I tend not to care about the opinions of people who lack critical thinking skills.
On human civilization scales, the internet is barely an infant. People aren't used to having such easy access to a variety of things about other people's lives. Once we (as a society) gain more perspective on what that means, we'll be much better equipped to make rational decisions about others based on that body of data. Everyone has things that embarrass them. Only very recently was it so easy for others to find out about a lot of those things.
Some of those people might be HR people, divorce judges, immigration officials, dispute arbitrators, loan authorizers, etc etc. It's hard to live off the grid when you have a family.
I hesitate to say "that's the price of social progress", because it's very easy to do so when you're not in that situation, but... to some extent I think it is. If you're that worried that your presence on something like the internet could be of great future detriment to your life, then it behooves you to be a lurker, leaving as little trace as you can, and to carefully consider what traces you do decide to leave.
And I guess part of the point I'm trying to make is that these people exist regardless. Maybe you smoked pot all the time in college. In 1970 there wouldn't be an online record of that. In 2014 a careless friend might post a picture of you smoking up. Our hypothetical person who wouldn't hire someone who ever used marijuana still exists regardless of whether or not he knows that you've smoked. 45 years ago you got lucky and there was no way for him to know. Nowadays you either don't engage in behaviors that you think might be objectionable to other people, or you just say screw it, and accept that there may be consequences.
There are plenty of cases where someone who has a grudge ignores the law and pollutes the search results, and then persistantly ignores attempts to enforce the law. Libel and slander are not criminal offences; the police are never going to get involved and there's no chance of prison.
In that narrowly defined situation it's reasonable for search engines to respond to requests to delist. They need to protect the quality of their search results. When I search for Fred Bloggs I don't want to know what one vexatious person with a vendetta thinks.
This means that the government is not operating in accordance with its obligation to enforce the law.
This is neither an issue with the law, nor an issue with the concept behind it - posting libelous content causes financial and personal harm, and this harm must be corrected in the civil court of law.
How?
While libel is not a criminal offense, if you make it too expensive for someone to commit it, they will stop. Maybe there's an extreme outlier here and there who might bankrupt himself with this sort of behavior, but that's not what the law should be optimizing for.
The court very specifically did not order removal from primary sources.
No, I like it too.
I hate letting technology (being able to do something, e.g keep tabs on everyone forever) dictate policy (we therefore should do it, let's bend over to what's possible). I also dislike internet commenters using stuff from people's 20 and 30+ year old past (or even older), as some kind of infernal unforgiving machine. Even the law, in most countries, has the statute of limitations.
We had this thing that whatever stupidity one did in its youth it was erased, and only remembered 10-20-30 years on by his parents and/or close friends at most. That might have been by accident (no ways to record and keep everything then) but it was also liberating and humane.
When the government tells me that people have a right to remove embarrassing content, it's actually telling me that people have a right to restrict the speech of others.
The right to be forgotten and the right to free speech cannot coexist, because the implementation of one requires the override of another. You must choose one, but choosing both undermines the legal foundations of the modern democratic republic.
If you answer that I should not, then you support censorship.
Every legal system in the world puts limits on free speech. Not just for defamation, but also generally for various degrees of incitement, etc.
Because we have always accepted that some speech can cause substantial harm to people without sufficient public interest to always justify it.
And this decision does not take away or infringe your ability say what you want about anybody (and you are wrong: you are not allowed to say whatever you want; depending on where you are the government is merely prevented from exercising prior restraint. The speech can still be illegal, and cause you to be punished accordingly after the fact).
What it does, is prevent a certain, limited class of non-expressive publication of pointers to expressive speech in situations where the court found that the restrictions placed on Google was outweighed by the privacy rights of individuals. The decision made clear that the original speech was not affected.
> You must choose one, but choosing both undermines the legal foundations of the modern democratic republic.
The legal foundations of no European states grants the kind of supremacy to unlimited free speech that you seem to want. And a substantial number of these republics are younger than the US. And even the US does not have the extent of free speech you seem to advocate.
My meaning is, with regards to libel, that in a theoretical sense, claiming I'm a murderer would be acceptable under free speech. The reason it is problematic is that claiming I'm a murderer will cause other people to do harm to me, that is, you share in responsibility for loss on my part.
As a result, libel laws allow me to level the field - it's not that you aren't allowed to call me a murderer, but rather that you are responsible for the unjust damage you caused me by doing so. That is why it's ok to call someone a murderer if they actually killed someone - the damage is not unjust. That is also why libel laws (at least in accordance with my ideology) should be entirely restricted to the civil court of law and not the criminal one.
I'm aware that the model of free speech I'm advocating is in some cases unrealistic (most notably in the military intelligence community). However, the concept of absolutely free speech is something that countries should attempt to reach, and choosing to give citizens the ability to suppress speech lies in direct opposition to this. Democratic states need to provide rights to their citizens so that said rights form a minimum spanning set - internal conflict between security and privacy is why the US allowed itself to reach a state of mass NSA surveillance. I don't see why EU states should encourage a conflict between free speech and the right to be forgotten.
Even though the speech people seek to suppress may cause harm to them (as with libel laws), it is unreasonable to expect a person to free themselves of accountability for their actions by blaming those who merely report on the actions. People act with the expectation that their actions will have social repercussions, and the choice of action or inaction is more powerful than the choice of speech or silence.
We all agree that what happens in the remote past where you possibly were a different person should not affect your present (and future) you. The better solution is to have people actually think about you and put your old actions in perspective. The proposed solution is to hide your old actions under the rug, in hope that it will not affect other people's judgements. In short, make it so that critical thinking is not needed.
And _this_ is what the law will allow: Have people believe in what they see, because it has been curated for them. Whether it's a misrepresentation (Person A has been "involved" in a murder according to newspaper, where "involved" actually means "witnessed") or just hiding opinion (like the article). People shouldn't need to think. This is a really dangerous path we're following (and I'm speaking as a EU citizen)
I believe it's a matter of education. It will take time, but we'll eventually get there.
EDIT: according to response, the law does not affect newspapers, which I guess makes sense, otherwise anyone could prevent anything negative from being published about them.
1) taxes. An American citizen must file an annual tax return with the IRS no matter where they live. https://americansabroad.org/issues/taxation/us-taxes-while-l...
2) Kim Dotcom, living in NZ, having his home raided by paramilitary police
I'm guessing the downvotes are for using "americans" when plenty of Americans hate some of their laws.
That book then will be forever covering dust on a library shelf.
That is not a censorship, since anyone who knows where that basement shelf is can read the book. Or is it?
Now, because it causes her great emotional distress to have people reading it, she asks them to remove it from their index (or even remove it completely).
That's censorship, right? Or is it?
> 3 a (1) : incongruity between the actual result of a sequence of events and the normal or expected result (2) : an event or result marked by such incongruity b : incongruity between a situation developed in a drama and the accompanying words or actions that is understood by the audience but not by the characters in the play —called also dramatic irony, tragic irony
If the pianist made the review more available by action supposed to hide it, it would be ironic. Just as Oedipus parents helping to fulfill the fate by trying to avoid it.
All you're seeing here is someone who has a negative search result for his name who doesn't know how (or doesn't want) to use blackhat SEO to manage his search results; and a lack of services providing whitehat SEO to make more (to his mind) relevant results rank higher.
While it doesn't appear to be the case here let's not forget that it's entirely possible for a bad reviewer to write a review that is not based on any facts.
And we know that if you're searching for a person's name you use the US version of your search engine's website.
Most people are simply too lazy to run their own web crawler. I'm not sure why this is (the technology is well known), but they find the convenience of public search engines irresistible.
Of course the ruling doesn't disallow crawlers, even personal ones, to access the Post's review. It doesn't even prohibit Google from displaying the links in full, as long as the search criteria does not contain Dejan's name.
Google hardly has the right to free speech anyway. DMCA can remove links willy nilly. Even fraudulent takedown requests are processed smoothly, with little to no repercussions. It's easy to be idealistic about free speech. Yet to see the balance between people claiming harm and the people's need to know, to have seen the pendulum swung before, it's hard to get upset about this.
> and you certainly can't be harmed by a piano review. The EU has ruled wrong in this case.
The EU has not ruled that you can get a piano review removed.
It seems to be working exactly as it was intended.
Here's hint #1: what Google takes down under the flag "the right to be forgotten" is Google's choice, not the law. And Google wages a propaganda war against any EU privacy laws, so they'll pick the most ridiculous and damaging examples possible and claim "we have to because of the EU".
The author lazily copied Google's propaganda instead of doing her homework. Which makes the sarcastic sentence "Of course, all that balancing and fact-gathering is generally outsourced to journalists." all the more ironic.