Welcome to the blog of the Internet Ethics program at the Markkula Center for Applied Ethics, Santa Clara University. Program Director Irina Raicu will be joined by various guests in discussing the ethical issues that arise continuously on the Internet; we hope to host a robust conversation about them, and we look forward to your comments.
The following postings have been filtered by category The Right to Be Forgotten. clear filter
It’s now been a year since the European Court of Justice shocked (some) people with a decision that has mistakenly been described as announcing a “right to be forgotten.”
Today, 80 Internet scholars sent an open letter to Google asking the company to release additional aggregate data about the company’s implementation of the court decision.As they explain,
The undersigned have a range of views about the merits of the ruling. Some think it rightfully vindicates individual data protection/privacy interests. Others think it unduly burdens freedom of expression and information retrieval. Many think it depends on the facts.
We all believe that implementation of the ruling should be much more transparent for at least two reasons: (1) the public should be able to find out how digital platforms exercise their tremendous power over readily accessible information; and (2) implementation of the ruling will affect the future of the [“right to be forgotten”] in Europe and elsewhere, and will more generally inform global efforts to accommodate privacy rights with other interests in data flows.
Although Google has released a Transparency Report with some aggregate data and some examples of the delinking decisions reached so far, the signatories find that effort insufficient. “Beyond anecdote,” they write,
we know very little about what kind and quantity of information is being delisted from search results, what sources are being delisted and on what scale, what kinds of requests fail and in what proportion, and what are Google’s guidelines in striking the balance between individual privacy and freedom of expression interests.
For now, they add, the participants in the delisting debate “do battle in a data vacuum, with little understanding of the facts.”
More detailed data is certainly much needed. What remains striking, in the meantime, is how little understanding of the facts many people continue to have about what the decision itself mandates. A year after the decision was issued, an associate editor for Engadget, for example, still writes that, as a result of it, “if Google or Microsoft hides a news story, there may be no way to get it back.”
To “get it back”?! Into the results of a search on a particular person’s name? Because that is the entire scope of the delinking involved here—when the delinking does happen.
In response to a request for comment on the Internet scholars’ open letter, a Google spokesman told The Guardian that “it’s helpful to have feedback like this so we can know what information the public would find useful.” In that spirit of helpful feedback, may I make one more suggestion?
Google’s RTBF Transparency Report (updated on May 14) opens with the line, “In a May 2014 ruling, … the Court of Justice of the European Union found that individuals have the right to ask search engines like Google to remove certain results about them.” Dear Googlers, could you please add a line or two explaining that “removing certain results” does not mean “removing certain stories from the Internet, or even from the Google search engine”?
Given the anniversary of the decision, many reporters are turning to the Transparency Report for information for their articles. This is a great educational opportunity. With a line or two, while it weighs its response to the important request for more detailed reporting on its actions, Google could already improve the chances of a more informed debate.
In October 2014, Google inaugurated a Transparency Report detailing its implementation of the European court decision generally (though mistakenly) described as being about “the right to be forgotten.” To date, according to the report, Google has received more than 244,000 requests for removals of URLs from certain searches involvijng names of EU residents. Aside from such numbers, the Transparency Report includes examples of requests received--noting, in each case, whether or not Google complied with the request.
The “right to be forgotten” decision and its implementation have raised a number of ethical issues. Given that, we thought it would be useful to draw up an ethics case study that would flesh out those issues; we published that yesterday: see “Removing a Search Result: An Ethics Case Study.”
What would you decide, if you were part of the decision-making team tasked with evaluating the request described in the case study?
Last month, after the advisory council released its much-anticipated report, Professor Floridi spoke at Santa Clara University (his lecture was part of our ongoing “IT, Ethics, and Law” lecture series). In his talk, titled “Recording, Recalling, Retrieving, Remembering: Memory in the Information Age,” Floridi embedded his analysis of the European court decision into a broader exploration of the nature of memory itself; the role of memory in the European philosophical tradition; and the relationship among memory, identity, forgiveness, and closure. As Floridi explained, the misnamed “right to be forgotten” is really about closure, which is in turn not about forgetting but about “rightly managing your past memory.”
Over the last two weeks, Julia Powles, who is a law and technology researcher at the University of Cambridge, has published two interesting pieces on privacy, free speech, and the “right to be forgotten”: “Swamplands of the Internet: Speech and Privacy,” and “How Google Determined Our Right to Be Forgotten” (the latter co-authored by Enrique Chaparro). They are both very much worth reading, especially for folks whose work impacts the privacy rights (or preferences, if you prefer) of people around the world.
And earlier in February, Google’s Advisory Council issued its much-anticipated report on the issue, which seeks to clarify the outlines of the debate surrounding it and offers suggestions for the implementation of “delisting.”
[And if you would like to be added to our mailing list for the lecture series—which has recently hosted panel presentations on ethical hacking, the ethics of online price discrimination, and privacy by design and software engineering ethics—please email email@example.com.]
Media coverage of the implementation of the European Court decision on de-indexing certain search results has been less pervasive than the initial reporting on the decision itself, back in May. At the time, much of the coverage had framed the issue in terms of clashing pairs: E.U. versus U.S; privacy versus free speech. In The Guardian, an excellent overview of the decision described the “right to be forgotten” as a “cultural shibboleth.”
On the other hand, privacy advocates (again on both sides of the Atlantic) have been arguing that the decision is much narrower in scope than has generally been portrayed and that it does not destroy free speech; that Google is not, in fact, the sole and ultimate arbiter of the determinations involved in the implementation of the decision; and that even prior to the court’s decision Google search results were selective, curated, and influenced by various countries’ laws. Recently, FTC Commissioner Julie Brill urged “thought leaders on both sides of the Atlantic to recognize that, just as we both deeply value freedom of expression, we also have shared values concerning relevance in personal information in the digital age.”
Amid this debate, in late June, Google developed and started to use its own process for complying with the decision. But Google has also convened an advisory council that will take several months to consider evidence (including public input from meetings held in seven European capitals--Madrid, Rome, Paris, Warsaw, Berlin, London, and Brussels), before producing a report that would inform the company’s current efforts. Explaining the creation of the council, the company noted that it is now required to balance “on a case-by-case basis, an individual’s right to be forgotten with the public’s right to information,” and added, “We want to strike this balance right. This obligation is a new and difficult challenge for us, and we’re seeking advice on the principles Google ought to apply…. That’s why we’re convening a council of experts.”
In this context, one bit of evidence makes its own public comment: Since May, according to Google, the company has received more than 120,000 de-indexing requests. Tens of thousands of Europeans have gone through the trouble of submitting a form and the related information necessary to request that a search of their name not include certain results.
But this, too, may speak differently to different audiences. Some will see it as evidence of a vast pent-up need that had had no outlet until now. Others will see it as evidence of the tens of thousands of restrictions and “holes” that will soon open up in the Web.
So—should we worry about the impending “memory holes”?
In a talk entitled “The Internet with a Human Face,” American Web developer Maciej Ceglowski argues that “the Internet somehow contrives to remember too much and too little at the same time.” He adds,
in our elementary schools in America, if we did something particularly heinous, they had a special way of threatening you. They would say: “This is going on your permanent record.”
It was pretty scary. I had never seen a permanent record, but I knew exactly what it must look like. It was bright red, thick, tied with twine. Full of official stamps.
The permanent record would follow you through life, and whenever you changed schools, or looked for a job or moved to a new house, people would see the shameful things you had done in fifth grade.
How wonderful it felt when I first realized the permanent record didn’t exist. They were bluffing! Nothing I did was going to matter! We were free!
And then when I grew up, I helped build it for real.
But while a version the “permanent record” is now real, it is also true that much content on the Internet is already ephemeral. The phenomenon of “link rot,” for example, affects even important legal documents. And U.K. law professor Paul Bernal has argued that we should understand the Internet as “organic, growing and changing all the time,” and that it’s a good thing that this is so. “Having ways to delete information [online] isn’t the enemy of the Internet of the people,” Bernal writes, “much as an enemy of the big players of the Internet.”
Will Google, one of the “big players on the internet,” hear such views, too? It remains to be seen; Google’s “European grand tour,” as another UK law professor has dubbed it, will conclude on November 4th.
Photograph by derekb, unmodified, under a Creative Commons license. https://creativecommons.org/licenses/by-nc/2.0/legalcode
"Total interconnectedness," very cheap data storage, and powerful search technologies come together to create a new set of ethical questions. Do we have a right to access and correct the data in our profiles? Do we have a right to be "forgotten" by the Internet? In this brief video, Reputation.com co-founder Owen Tripp asks us to consider the impact of the Internet's long memory on those among us who are most vulnerable. Below, Evan Selinger--Associate Professor in the Department of Philosophy at the Rochester Institute of Technology--responds to Tripp's comments:
"Owen Tripp is moved by the ideas driving the "right to be forgotten" movements. For the reasons he gives, we all should be, too. In the age of big data, the permanent record threat we're confronted with as kids takes on a new and more ominous meaning. Our digital dossiers expand all the time, in both obvious and unclear ways, and through processes that are transparent as well as surreptitious. Now that unprecedented amounts of information are readily available about what we've done and what makes us tick, lamentable incidents and statements can follow us everywhere with the crushing weight of Jacob Marley's chains. With the past always present, time--as Shakespeare's Hamlet exclaimed--is out of joint.
When citizens become open books, it becomes awfully tempting to manage heightened publicity with overly cautious and risk-adverse behavior. With enough fear, we'll lose out on more than opportunity. Our character can be diminished, perhaps timorousness shifting from vice to virtue. As David Hoffman, Director of Security Policy and Global Privacy Officer at Intel Corporation, contends, society thus needs solutions that safeguard a limited "right to fail" without encouraging reckless or anti-social behavior, or the problems that come from historical amnesia or revisionism. At stake is nothing less than securing adequate space for social experimentation, the "breathing room" (to borrow a phrase from privacy scholar Julie Cohen) that enables people to learn and grow.
While the right to be forgotten appears to be gaining traction in Europe, there are numerous challenges ahead, not least because the road from privacy interest to privacy right can be long and winding. In the United States concern has been expressed over how legal enforcement of a robust right for individuals to control personal information could run afoul of First Amendment speech protections and squash innovation by subjecting companies like Google and Facebook to bureaucratic procedures that, practically speaking, are unworkable, and further burdened by the prospect of overly punitive sanctions. Furthermore, as numerous scholars suggest, the notion of so-called "personal information" is hard to pin down in an age of networked citizens where lots of data involves or affects other people, implicating what law professor Sonja West aptly calls the "story of us." Finally, while the market can indeed provide helpful services, we shouldn't lose sight of the fact that when privacy protection is commodified, greater burden is placed on lower income people. Freedom and peace of mind become purchasing power privilege."