thoughts and observations of a privacy, security and internet researcher, activist, and policy advisor

Wednesday, March 10, 2010

Google in Italy: Brandeis in New England 2.0

Marc Rotenberg from EPIC has an interesting commentary on the Google court case in Italy:
I don't think this is really a case about ISP liability at all. It is a case about the use of a person's image, without their consent, that generates commercial value for someone else. That is the essence of the Italian law at issue in this case. It is also how the right of privacy was first established in the United States.
After a comparison of how the right to privacy was born in the U.S. and first endorsed by a New York Court in 1905, Marc goes on to set the record straight on the current case in Italy:
It is significant also in the Italian case that defamation charges against the Google execs were dropped. That was an appropriate recognition of the freedom of expression interests in the case and tracks the distinction between the Google execs being responsible for the content of the speech (they were not) and the Google execs deriving commercial value from the continued display of the video (they did). That distinction, which has been missed by virtually every commentator on this case, makes clear that the Italian court had a good understanding of the freedom of expression concerns. He just didn't believe that absolved Google of all liability.
(via Bruce Schneier)


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10/3/10 11:17


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