Shooting the messenger – a right to forget the point!

An EU court has today backed the right for people to request that Google must amend some search results, in what is becoming known as the “right to be forgotten”. This story, reported on the BBC News website, raises some interesting questions and also possible paves the way for a world wide web police, for which Google must logically be placed.

But first lets look at the court case, which presents a few problems and, much like the “cookie law”, has got quite a few people excited despite having hold of the wrong end of a very large stick. For one, the EU Justice Commissioner, Viviane Reding, said in a post on Facebook that it is a “clear victory for the protection of personal data of Europeans”. I can’t help but feel she has massively missed the point here. Google themselves make the salient point; They do not control data, they only offer links to information freely available on the internet.

What Viviane is failing to see is that this ruling doesn’t solve any problem at all. If people want misleading, inaccurate or otherwise unfair information about themselves to be removed from the internet then asking Google to remove it from search results doesn’t remove it from the internet, it merely stops it being shown in Google. The information itself is still out there as a source for people to find. And you might argue that if it isn’t shown in the most popular search engine (and indeed website) in the world then that solves the problem, but if you believe that you’re probably a bit short sighted. Why? Well quite simply because the online world is changing.

An example of this change is this article, which talks about how the younger generation are consuming the internet through apps rather than browsers. This is significant because the web is moving towards an information warehouse rather than website based approach, where your app of choice will be used to retrieve this information. If this is indeed where the net ends up then Google will no longer be the majority search engine, and therefore the information that Google has obediently hidden will be found again. Not to mention that if the actual content is not removed, it only takes a couple of people to find it and share it and then it is all over the net.

So, what is this ruling actually doing? Well it is shooting the messenger for the ‘crimes’ of others. Google is suffering from being the biggest name in the web. It suits the cause of the advocates, politicians and legal personnel to aim the gun directly at a big name rather than this court case disappearing into obscurity once the actual offending website is dealt with. More to the point, like the cookie law, it will get a lot of normal people who don’t 100% understand how the web actually works riled up and support some piece of law being passed that doesn’t actually solve the problem, just covers it with a plaster for a while.

But there is something else going on here as well, something which many people have seen coming for a while. In placing the responsibility with Google (and presumably other search engines, although none have currently been mentioned) to manage and control this content they have now effectively asked them to start policing the internet. As there are vagaries around exactly when a person can validly ask for content to be removed, there will need to be someone making judgements on what is and isn’t allowed and Google are best placed to do this. They have the biggest reach, the widest data access and the best understanding of content monitoring and assessment. Another perceived advantage is that Google are agnostic of governments and institutions, meaning they are well placed to make impartial judgements (in theory).

Whether or not Google does end up being this web police or not, this court case is a line in the sand. To date the internet is largely uncontrolled and almost anything can be uploaded. But this court case has moved a step closer to a situation where either proactively or retrospectively content is going to be monitored and potentially restricted or even removed. The age of the free internet, the ultimate safe harbour of freedom of speech, may well be coming to an end. Whether this is a good or bad thing however, is a whole different question.

In the meantime, if you see something about yourself online that you don’t think should be there, don’t ask Google to remove it, ask the actual website. That will be much more effective in actually removing the content.

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