24 February 2010

Google’s bad day

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Luca De Biase, the journalist I translated this morning, continues to add interesting commentary:

Excerpts from this post (translated into English):

“The Italian sentence on Google says fundamentally that the judges do not consider the [YouTube] platform to be an editor (Google was not sentenced for defamation) but they consider it responsible when there are violations of privacy legislation, in particular with regards to the sharing of sensitive data related to a person’s health. It might be that the problem that could simply be resolved by adding a button to the platform, so that the user, when about to publish something, has to declare that the uploaded contents are not in violation of the privacy legislation. We shall see. […]

One cannot ignore the fact that the motivations for the ruling are currently lacking. Once the judge will publish them, it will become obvious whether he did indeed take all this correctly into account, pointing out simply that in Google’s terms and conditions at the time, not all precautions were taken to avoid that users would upload materials that damages privacy – in which case the whole thing would be a lot less worrisome and platforms, in order to comply with the law, would just need to be more clear in asking users to pay attention to privacy matters.”

A second post provides some further reflection:

“The right to freedom of information and the right to privacy are increasingly in conflict. And all those who want to reduce the first can appeal to the second. […]

And even if it all leads to the fact that the platform needs to ensure that those who publish contents have all the rights to do so, even by asking first third parties before going on to publication, all this will generate enormous complications for any platform that deals with user-generated content. If it is just a matter of a better description of the terms and conditions, then it could be resolved rather easily.”

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