February 26, 2010
When American and European Ideas of Privacy Collide
By ADAM LIPTAK
<http://www.nytimes.com/2010/02/28/weekinreview/28liptak.html>
WASHINGTON — “On the Internet, the First Amendment is a local ordinance,” said Fred H. Cate, a law professor at Indiana University. He was talking about last week’s ruling from an Italian court that Google executives had violated Italian privacy law by allowing users to post a video on one of its services.
In one sense, the ruling was a nice discussion starter about how much responsibility to place on services like Google for offensive content that they passively distribute.
But in a deeper sense, it called attention to the profound European commitment to privacy, one that threatens the American conception of free expression and could restrict the flow of information on the Internet to everyone.
“Americans to this day don’t fully appreciate how Europeans regard privacy,” said Jane Kirtley, who teaches media ethics and law at theUniversity of Minnesota. “The reality is that they consider privacy a fundamental human right.”
Google understands.
“The framework in Europe is of privacy as a human-dignity right,” said Nicole Wong, a lawyer with the company. “As enforced in the U.S., it’s a consumer-protection right.”
But Ms. Wong said Google’s policies on invasion of privacy, like its policies on hate speech, pornography and extreme violence, were best applied uniformly around the world. Trying to meet all the differing local standards “will make you tear your hair out and be paralyzed.”
The three Google executives were sentenced to six months in prison for failing to block a video showing an autistic boy being bullied by other students. The video was on line for two months in 2006, and was promptly removed after Google received a formal complaint. The prison sentences were suspended.
Still, Judge Oscar Magi’s ruling, in effect, balanced privacy against free speech and ruled in favor of the former. And given the borderless quality of the Internet, that balance has the potential to affect nations that prefer to tilt toward the values protected by the First Amendment.
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