Google: Right to be forgotten amounts to scrubbing and censorship

Palinurus

The Living Force
Source: _http://www.bbc.com/news/business-28130581

Why has Google cast me into oblivion?

2 July 2014 Last updated at 16:25 GMT

Robert Peston Economics editor

This morning the BBC received the following notification from Google:

Notice of removal from Google Search: we regret to inform you that we are no longer able to show the following pages from your website in response to certain searches on European versions of Google:

http://www.bbc.co.uk/blogs/legacy/thereporters/robertpeston/2007/10/merrills_mess.html

What it means is that a blog I wrote in 2007 will no longer be findable when searching on Google in Europe.

Which means that to all intents and purposes the article has been removed from the public record, given that Google is the route to information and stories for most people.

So why has Google killed this example of my journalism?

Well it has responded to someone exercising his or her new "right to be forgotten", following a ruling in May by the European Court of Justice that Google must delete "inadequate, irrelevant or no longer relevant" data from its results when a member of the public requests it.

Track record

The ruling stemmed from a case brought by Mario Costeja González after he failed to secure the deletion of a 1998 auction notice of his repossessed home that was reported in a Spanish newspaper.

Now in my blog, only one individual is named. He is Stan O'Neal, the former boss of the investment bank Merrill Lynch.

My column describes how O'Neal was forced out of Merrill after the investment bank suffered colossal losses on reckless investments it had made.

Is the data in it "inadequate, irrelevant or no longer relevant"?

Hmmm.

Most people would argue that it is highly relevant for the track record, good or bad, of a business leader to remain on the public record - especially someone widely seen as having played an important role in the worst financial crisis in living memory (Merrill went to the brink of collapse the following year, and was rescued by Bank of America).

Public interest

So there is an argument that in removing the blog, Google is confirming the fears of many in the industry that the "right to be forgotten" will be abused to curb freedom of expression and to suppress legitimate journalism that is in the public interest.

To be fair to Google, it opposed the European court ruling.

But its implementation of it looks odd, perhaps clumsy.

Maybe I am a victim of teething problems. It is only a few days since the ruling has been implemented - and Google tells me that since then it has received a staggering 50,000 requests for articles to be removed from European searches.

It has hired what it calls "an army of para legals" to process these requests.

I asked Google if I can appeal against the casting of my article into the oblivion of unsearchable internet data.

Google is getting back to me.

PS Although the BBC has had the notice from Google that my article will not show up in some searches, it doesn't appear to have implemented this yet.

UPDATE 22:50

My blog remains findable when you search Stan O'Neal. So I am beginning to wonder whether it really was him who requested to be forgotten.

The implication is that oblivion was requested not by anyone who appears in the blog itself (O'Neal is the only person I mention in my column) but by someone named in the comments written by readers underneath the blog.

Google won't tell me, one way or another.

It is all a bit odd.


Source: _http://www.theguardian.com/commentisfree/2014/jul/02/eu-right-to-be-forgotten-guardian-google

EU's right to be forgotten: Guardian articles have been hidden by Google

Publishers must fight back against this indirect challenge to press freedom, which allows articles to be 'disappeared'. Editorial decisions belong with them, not Google

James Ball
theguardian.com, Wednesday 2 July 2014 15.34 BS

When you Google someone from within the EU, you no longer see what the search giant thinks is the most important and relevant information about an individual. You see the most important information the target of your search is not trying to hide.

Stark evidence of this fact, the result of a European court ruling that individuals had the right to remove material about themselves from search engine results, arrived in the Guardian's inbox this morning, in the form of an automated notification that six Guardian articles have been scrubbed from search results.

The first six articles down the memory hole – there will likely be many more as the rich and powerful look to scrub up their online images, doubtless with the help of a new wave of "reputation management" firms – are a strange bunch.

Three of the articles, dating from 2010, relate to a now-retired Scottish Premier League referee, Dougie McDonald, who was found to have lied about his reasons for granting a penalty in a Celtic v Dundee United match, the backlash to which prompted his resignation.

Anyone entering the fairly obvious search term "Dougie McDonald Guardian" into google.com – the US version of Google – will see three Guardian articles about the incident as their first results.

Screenshot-of-Google-US-008.jpg


Type the exact same phrase into Google.co.uk, however, and the articles have vanished entirely. McDonald's record is swept clean.

Screen-shot-of-Google-UK-008.jpg


The other disappeared articles – the Guardian isn't given any reason for the deletions – are a 2011 piece on French office workers making post-it art, a 2002 piece about a solicitor facing a fraud trial standing for a seat on the Law Society's ruling body and an index of an entire week of pieces by Guardian media commentator Roy Greenslade.

The Guardian has no form of appeal against parts of its journalism being made all but impossible for most of Europe's 368 million to find. The strange aspect of the ruling is all the content is still there: if you click the links in this article, you can read all the "disappeared" stories on this site. No one has suggested the stories weren't true, fair or accurate. But still they are made hard for anyone to find.

There might be a case for saying some stories should vanish from the archives: what about, say, someone who committed a petty crime at 18, who long since reformed and cleaned up their act? If at the age of 30 they're finding that their search history is still preventing them getting a job, couldn't they make the case that it's time for their record to be forgotten? Perhaps – it's a matter of debate. But such editorial calls surely belong with publishers, not Google.

As for Google itself, it's clearly a reluctant participant in what effectively amounts to censorship. Whether for commercial or free speech reasons (or both), it's informing sites when their content is blocked – perhaps in the hope that they will write about it. It's taking requests literally: only the exact pages requested for removal vanish and only when you search for them by the specified name.

You can still find a vanished Dougie McDonald page if you search "Scottish referee who lied"; it only disappears when you add his name to the search.

If you search any EU Google site for anything resembling a name, you'll see a warning your results may be restricted. Yet, there's an even better workaround which the search giant has left open. If you go to the Google homepage, and look in the bottom right-hand corner, you'll see a link saying "Use Google.com". Do that – or switch to another search engine, such as DuckDuckGo, which has no EU footprint and also doesn't track cookies – and for now, you'll see the full unfiltered results.

But this isn't enough. The Guardian, like the rest of the media, regularly writes about things people have done which might not be illegal but raise serious political, moral or ethical questions – tax avoidance, for example. These should not be allowed to disappear: to do so is a huge, if indirect, challenge to press freedom. The ruling has created a stopwatch on free expression – our journalism can be found only until someone asks for it to be hidden.

Publishers can and should do more to fight back. One route may be legal action. Others may be looking for search tools and engines outside the EU. Quicker than that is a direct innovation: how about any time a news outlet gets a notification, it tweets a link to the article that's just been disappeared. Would you follow @GdnVanished?
 
SotT covers the above via another source (i.e. Huffington Post):

http://www.sott.net/article/281346-Google-is-yanking-negative-coverage-of-powerful-people-from-its-search-results
 
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