Live data from Hacker News

Cleveland.com’s ‘right to be forgotten’ removes names from some crime stories

imediaethics.org

91–100 of 115 posts

Re: Cleveland.com’s ‘right to be forgotten’ removes names from some crime stories

#91
post #38
post #3

this is important in the united states, as the criminal justice system is often used as a blacklist. Once convicted of a DUI or drug possession, this criminal record can be used to bar employment, rescind voting rights, and legally practice housing discrimination. American criminal justice is often a precursor for lasting biblical retribution. For example, sex offenders are often branded with scarlet letter for life…

> Once convicted of a DUI or drug possession, this criminal record can be used to bar employment, rescind voting rights, and legally practice housing discrimination. And Canada will not let you enter their country if you have a DUI in the US.

It’s the Canadian equivalent of a felony. The US will bar you for any crimes which are a felony there as well.

The surprise is that a first time offense is usually a misdemeanor in the US. In Canada the “misdemeanor” limit is .05%.

Re: Cleveland.com’s ‘right to be forgotten’ removes names from some crime stories

#92
post #53

Former news editor here. Perhaps the biggest danger in this and other similar policies is not how it is applied today -- removing the names of people accused of minor crimes that have had their records expunged seems like a compassionate policy, given the effects it can have on things like employment prospects -- but in how it may be applied in the future. The idea that a newspaper archive is a collection of living d…

Any archival library is free to save a copy of newspaper articles. Throughout history the standard method of reading an old newspaper edition was to go to a library, not ask the newspaper for a copy. This doesn't need to change.

Re: Cleveland.com’s ‘right to be forgotten’ removes names from some crime stories

#93
post #54
post #37

Earlier quoted context omitted.

It's not your right to dispense such justice--that in fact belongs to the state in a civilized society. I think this example proves the exact opposite of what you desire. Someone who has spent time in jail and had their record expunged 10 years later has been deemed by the state to have satisfied the burden of their offense, and, yes, their right to have their actions forgiven and forgotten should be at its zenith. […

Where are you getting that serving your time in jail gives you the right to have your actions forgotten? Society 'forgives' you when you serve your full sentence, but there is nothing stated anywhere that your victims need to forget what you did once your sentence is up.

The OP article explains the concept of "expungement"

Re: Cleveland.com’s ‘right to be forgotten’ removes names from some crime stories

#94
So strange to see so many people celebrating 1984 style censorship.

What the hell is "right to be forgotten". That isn't a right.

Media gets to be less and less reliable and less truthful.

If people want to be "forgotten", let them change their name/identity.

Re: Cleveland.com’s ‘right to be forgotten’ removes names from some crime stories

#95
post #92
post #53

Former news editor here. Perhaps the biggest danger in this and other similar policies is not how it is applied today -- removing the names of people accused of minor crimes that have had their records expunged seems like a compassionate policy, given the effects it can have on things like employment prospects -- but in how it may be applied in the future. The idea that a newspaper archive is a collection of living d…

Any archival library is free to save a copy of newspaper articles. Throughout history the standard method of reading an old newspaper edition was to go to a library, not ask the newspaper for a copy. This doesn't need to change.

Arguably the largest "archival library" today, with respect to current and recent (last few decades) online (and some other) content, is archive.org .

Where retroactively blocking a source URL (via robots.txt) causes archive.org to make its archival copies of/from that URL inaccessible. Supposedly, this is going to change. But it's obvious that lawyers will continue to explore and push the boundaries of this.

The Web ('Net) is not a library.

And datahoarders have a point, beyond just the stereotype of compulsive collecting. (I'm not one, but I'm increasingly regretting not having grabbed some resources while they were up.)

Re: Cleveland.com’s ‘right to be forgotten’ removes names from some crime stories

#96
post #90
post #87

Earlier quoted context omitted.

Holding the grudge is helping no one, lest of all the victim. One could argue it's not an essential liberty, one we could dispense with for other gains in society. Maybe a better course of action for the victim is to have the traumatic memory zapped [1] and go back to normal life. [1] http://www.emdr.com/what-is-emdr/

Your right to have an opinion of someone, speak facts freely and associate with who you wish are all fundamental rights which would be compromised by a "right to be forgotten."

I agree with those being fundamental rights. I wonder if a balance of rights can be found between those and the right to be forgotten - some way to preserve the individual agency of the victim and to give the offender a second chance.

It might be easier in the end to prohibit hiring discrimination based on criminal history same as its forbidden for other personal traits.

Re: Cleveland.com’s ‘right to be forgotten’ removes names from some crime stories

#97
post #62

Earlier quoted context omitted.

This isn't about dispensing justice. This is about my personal right to own my experience of my life and those I interact with. Saying that my anger over having been abused by someone is no longer justified just because the courts have seen fit to expunge their records of the crime is deeply intrusive. The criminal court's job is to rectify the individual's relationship with the government. It does nothing to rectify…

Part of the social contract does seem to dictate that the relationship between criminal and victim is governed by law. For example, if you were to respond to the attack by defending yourself in the moment, resulting in the assailant's death, you would potentially be free of any charges due to your right to defend yourself. However, if you were to wait a day (or, say, until after the assailant's release on what you pe…

That is quite the stretch - no one is arguing that I have the right to beat up my attacker years later. That portion of our interaction is governed by laws.

However, talking about facts that have occurred is ALWAYS my legal right. This has nothing to do with the crime the person committed, or the time served, or any other punishment. I am allowed to talk about events, and the legal process is entirely separate.

In fact, a simple example will make this clear. Imagine that 10 years ago, Joe did two things on a random monday - he beat up a guy, and he also stood someone up on a date.

By your reasoning, if Joe served time and was released, we would no longer be able to talk about his crime. We couldn't tell people, "Hey, that is Joe - ten years ago, he beat up Steve really bad. Served 3 years for it. Be careful around him."

What about the person he stood up on a date? Is she allowed to say, "Hey, that is Joe - ten years ago, he stood me up on a date. You should not go on a date with him" Is this also not allowed? Are we not allowed to talk about negative things people did more than X number of years ago? Or does it only apply to times you broke the law and were convicted, and served your time?

That seems REALLY strange. We are allowed to talk about things for as long as we want. As long as we aren't committing libel or slander, we have free speech to tell people how we feel about other people, and we are allowed to use examples going back as far as we want.

That is what freedom of speech is all about.

Re: Cleveland.com’s ‘right to be forgotten’ removes names from some crime stories

#98
post #87

Earlier quoted context omitted.

This isn't about dispensing justice. This is about my personal right to own my experience of my life and those I interact with. Saying that my anger over having been abused by someone is no longer justified just because the courts have seen fit to expunge their records of the crime is deeply intrusive. The criminal court's job is to rectify the individual's relationship with the government. It does nothing to rectify…

Holding the grudge is helping no one, lest of all the victim. One could argue it's not an essential liberty, one we could dispense with for other gains in society. Maybe a better course of action for the victim is to have the traumatic memory zapped [1] and go back to normal life. [1] http://www.emdr.com/what-is-emdr/

Look, I agree that it is not healthy to hold a grudge. My point is that I don't think it is our legal system's job to determine how long a grudge can be held.

How long you should be angry for and how long you can talk about it is between the person and their therapist, not the courts.

Re: Cleveland.com’s ‘right to be forgotten’ removes names from some crime stories

#99
post #96
post #90

Earlier quoted context omitted.

Your right to have an opinion of someone, speak facts freely and associate with who you wish are all fundamental rights which would be compromised by a "right to be forgotten."

I agree with those being fundamental rights. I wonder if a balance of rights can be found between those and the right to be forgotten - some way to preserve the individual agency of the victim and to give the offender a second chance. It might be easier in the end to prohibit hiring discrimination based on criminal history same as its forbidden for other personal traits.

Giving people a second chance is not something that can mandated by law. Hell, the law doesn't even guarantee people a first chance.

This is a cultural shift, and it needs to be fought in the court of public opinion, not actual courts.

Re: Cleveland.com’s ‘right to be forgotten’ removes names from some crime stories

#100
In New Zealand we have strong name suppression laws - if the court orders it, a defendants name cannot be published in any media (even a tweet naming the person would be illegal, and they do prosecute). AFAIK, in most cases you can still go attend the hearing in the court and see who the defendant is - so it's not really secret, but difficult to find out without going to some effort.

The theory behind it is that the public shaming (particularly for public figures) from being named would be a punishment, and you shouldn't be punished for a crime without having been found guilty. There's been quite a few high profile abuse cases with this recently where rumours spread around around which 'high profile sportsman' it is.

These days with blogs and social media it usually just turns into a rumor mill, and someone outside NZ jurisdiction can name the person legally. It's also a pretty clear violation of free speech, and judges seem to be very willing to give name suppression, and sometimes maintain it in place even if there is a plea deal and the person is convicted - There's a solid argument that it results in abusers being back out in the public, without people even being warned. So it's not exactly my favourite bit of NZ law :)

Post reply on HN