Google Woes in the EU Include Conviction for Executives Over Video Posting
The recent conviction of 3 Google executives in Italy for a video posted on Google which showed the bullying of a disable teenager captured many headlines. No question that the video was in poor taste and Google took the video down within 24 hours of its posting after Google got 2 complaints. The conviction of the Google’s global privacy counsel, Peter Fleischer and two other executives raises significant issues. A fourth Google executive was acquitted, and Google plans to appeal these convictions. Does it make sense that Google, or any other ISP (Internet Service Provider), be liable for content posted over which the ISP has no control? The US Communications Decency Act of 1996 protects ISPs from liability since they have no control over content posted. How Google fares with these convictions may have an interesting impact on ISPs around the world.
Google Street View May Breach EU Law
Only to make things more complicated recent reports that the Google’s Street View violates EU Data Protection laws since they retain the images for too long. As well it was reported that “Switzerland’s data-protection agency in November sued Google for allegedly failing to comply with proposals to make it harder to identify people and cars on Street View.” Of course disputes regarding Street View are not new since claims of breach of privacy have been under way since at least 2008 in Japan.
Google has More EU Antitrust Problems
ComScore recently reported that Google has about 79% of the searches in the EU and the EU renewed its investigation about Google anticompetitive behavior. Google claims that Microsoft may be the source of the investigation since Microsoft owns one of the companies that complained. It seems reasonable to assume that the search engine wars will continue, but how the EU ultimately rules may have a far reaching impact.
It was with great surprise that US ISPs learned about Google's decision in Italy. Certainly, all internet service providers with an European market will follow the upcoming court decision in this case very closely. The impact of decisions of this nature could have in ISPs business model are tremendous. For instance, if the above-referenced decision is confirmed by Italian Court of Appeals then by the Italian Supreme Court, the consequences could be catastrophic for internet providers, which have no control over content posted within its network by third parties...In the United States, ISPs are imune of any liability of third parties content posted on websites hosted within its network, pursuant to Section 230 of the Communication Decency Act. By stating that "no provider or user of an interactive computer service shall be treated as a publisher or speaker of any information provided by another information content provider", ISPs are imune of liability in cases where a disgrantle employee decide to make remarks about his/hers employment experience in working in company XYZ, Inc. as well as in cases where an individual decide to make available on the web a bad taste home made video. It seems to me that the approach that US law takes is more in accordance with one of the main purpose of the internet, which is to promote the free flow of information and held the party who has control over the content liable for its actions.
Andrea