Live data from Hacker News

Google loses ‘right to be forgotten’ case

bbc.com

21–30 of 450 posts

Re: Google loses ‘right to be forgotten’ case

#21
post #9

Earlier quoted context omitted.

I would say that in the US we mostly consider right to free speech more important than the right to be forgotten.

A judge heard the case for two individuals. That's a pretty fair way to do it. Americans also believe in the rule of law, versus the rule of the powerful.

The reason we have the freedom of speech in the US is because its the powerful that abuse the ability to censor.

Re: Google loses ‘right to be forgotten’ case

#22
post #8

We're rapidly moving to a point where an official (government) criminal record is not important to folks you want to interact with -- landlords, employers etc. They will instead turn to Google. As such, Google might as well be the official record for many people. And if one put themsleves in the shoes of a victim, or even a criminal who has served their time, Google's pagerank is doing them a disservice. I don't know…

If this is the case, then the government should pass laws forbidding discrimination on the basis of criminal record. Instead they've passed the puck (rather badly) to Google. And it's not like Google is the only way to find things. Should newspapers be required to delete pages about an individual or destroy print copies? What about other search engines such as Yandex or Baidu? Of course anyone could just search on Go…

> Mankind has done perfectly well without a "right to be forgotten" for hundreds of thousands of years.

On the other hand, mankind has done perfectly well without computers, an internet, or indeed indoor plumbing for hundreds of thousands of years.

Sometimes new technologies demand new responses.

Re: Google loses ‘right to be forgotten’ case

#23
post #8

We're rapidly moving to a point where an official (government) criminal record is not important to folks you want to interact with -- landlords, employers etc. They will instead turn to Google. As such, Google might as well be the official record for many people. And if one put themsleves in the shoes of a victim, or even a criminal who has served their time, Google's pagerank is doing them a disservice. I don't know…

If this is the case, then the government should pass laws forbidding discrimination on the basis of criminal record. Instead they've passed the puck (rather badly) to Google. And it's not like Google is the only way to find things. Should newspapers be required to delete pages about an individual or destroy print copies? What about other search engines such as Yandex or Baidu? Of course anyone could just search on Go…

While I also oppose the "right to be forgotten", I think an obvious reply to your last point is that we also haven't had search engines, the web, newspapers, journalism, or even writing for most of that time.

Re: Google loses ‘right to be forgotten’ case

#24
post #8

We're rapidly moving to a point where an official (government) criminal record is not important to folks you want to interact with -- landlords, employers etc. They will instead turn to Google. As such, Google might as well be the official record for many people. And if one put themsleves in the shoes of a victim, or even a criminal who has served their time, Google's pagerank is doing them a disservice. I don't know…

If this is the case, then the government should pass laws forbidding discrimination on the basis of criminal record. Instead they've passed the puck (rather badly) to Google. And it's not like Google is the only way to find things. Should newspapers be required to delete pages about an individual or destroy print copies? What about other search engines such as Yandex or Baidu? Of course anyone could just search on Go…

[deleted]

Re: Google loses ‘right to be forgotten’ case

#25
post #8

We're rapidly moving to a point where an official (government) criminal record is not important to folks you want to interact with -- landlords, employers etc. They will instead turn to Google. As such, Google might as well be the official record for many people. And if one put themsleves in the shoes of a victim, or even a criminal who has served their time, Google's pagerank is doing them a disservice. I don't know…

Mark steal cookies, gets caught and serves his sentence in jail.

Now Mark is out, looking for a job as a JavaScript developer but when Mark is Googled to check about his involvement in OS projects and personal portfolio before his Github profile the article on CNN from 5 years ago is displayed and apparently Mark is a cookie monster.

Is Mark sentenced to never be employed again? Mark made a mistake but Is He really worse from all these people who commit crimes and never get caught or end up in the news?

Maybe the balance could be to not display Marks convictions until specifically asked for?

I don't say that I have the answer but I really don't understand the concept of unforgiveness.

Maybe we should approach all this from a utilitarian perspective? What's the utility of labelling Mark as a thief years after he paid for what he did?

Re: Google loses ‘right to be forgotten’ case

#26
post #19

It's absolutely insane what they are doing (EU). Should libraries remove newspapers with my name if I don't like what's written there about me? It's pure censorship. It all stems from the fact that society hasn't yet adjusted to the reality that not everything on the Internet is true. People share between themselves lots of false beliefs. The Internet is just another medium. The problem is that if I put up a billboar…

You say it’s doable. How?

Re: Google loses ‘right to be forgotten’ case

#27
post #8

We're rapidly moving to a point where an official (government) criminal record is not important to folks you want to interact with -- landlords, employers etc. They will instead turn to Google. As such, Google might as well be the official record for many people. And if one put themsleves in the shoes of a victim, or even a criminal who has served their time, Google's pagerank is doing them a disservice. I don't know…

If this is the case, then the government should pass laws forbidding discrimination on the basis of criminal record. Instead they've passed the puck (rather badly) to Google. And it's not like Google is the only way to find things. Should newspapers be required to delete pages about an individual or destroy print copies? What about other search engines such as Yandex or Baidu? Of course anyone could just search on Go…

In a "right to work" world, it is _very difficult_ to prove true discrimination, and the burden of proof is always on the accuser.

Re: Google loses ‘right to be forgotten’ case

#28
Entering into a deeper relationship with someone (employer/employee, landlord/tenant, etc) you want to know everything about the other person. This is not because you are some nosy person - its because breaking that relationship means risking lawsuits or damage to your property or a whole eviction process which can take months to years...

Its a dangerous thing to "trust" someone when they'll have that level of control over your future so people use government records and google to know if they could possibly have an issue.

This isn't a privacy issue its a minimizing risk issue.

If you give people better options for minimizing risk then google results will matter less and less. For instance I'd be happy to hire a convict if I could a) pay him less than I normally would (initially) and b) fire him at any time for any reason.

Same for renting. If we draw up a contract with a no-drugs no-weapons clause and allowed me to inspect the place once a month for the first year or so I'd be happy to rent to him.

But these things sensible precautions are illegal. There may be good reasons because of them "evil corporations" blah blah. Sensible or not that's reality - so people understandably discriminate against people based on google results. Its a fairly understandable precaution given the amount of risk involved due to regulation.

Therefore the fix isn't to make google "forget" things - that only increases risk dramatically. The fix is to make these relationships less risky by allowing business owners and landlords more control over their own personal.

Re: Google loses ‘right to be forgotten’ case

#29
post #8

We're rapidly moving to a point where an official (government) criminal record is not important to folks you want to interact with -- landlords, employers etc. They will instead turn to Google. As such, Google might as well be the official record for many people. And if one put themsleves in the shoes of a victim, or even a criminal who has served their time, Google's pagerank is doing them a disservice. I don't know…

If this is the case, then the government should pass laws forbidding discrimination on the basis of criminal record. Instead they've passed the puck (rather badly) to Google. And it's not like Google is the only way to find things. Should newspapers be required to delete pages about an individual or destroy print copies? What about other search engines such as Yandex or Baidu? Of course anyone could just search on Go…

They have started to pass laws. The GDPR covers the processing of criminal convictions here: https://gdpr-info.eu/art-10-gdpr/

While mankind has not needed a right to be forgotten previously, it didn't have the omnipresent Google to deal with either. These are just the opening shots in the Privacy battle that will spread from GDPR.

Other search engines are affected too, but Google has a massive market share and has a long litigation history in Europe.

Re: Google loses ‘right to be forgotten’ case

#30
post #21

Earlier quoted context omitted.

A judge heard the case for two individuals. That's a pretty fair way to do it. Americans also believe in the rule of law, versus the rule of the powerful.

The reason we have the freedom of speech in the US is because its the powerful that abuse the ability to censor.

Which powerful entity do you mean? The people who want things unlisted, or Google?
Post reply on HN