Google executives found guilty of violating privacy of student bullied on video
Hold tight kids, internet privacy laws just got flipped upside down. An Italian judge found three Google executives guilty of violating the privacy of an Italian student who was bullied in a 2006 video posted on Google Video. The video resided on the site for two months before it was brought to Google's attention and pulled. None of the executives were involved in any way in the making of the abhorrent video. Nevertheless, Italian judge Oscar Magi sentenced the execs to a six-month prison sentence but cleared them of defamation charges. No jail time is expected, however, since any sentence of less than 3 years is typically commuted in Italy for those without a criminal record.
As you can imagine, Google has responded with vigor. In a post on Google's official blog ominously titled "Serious Threat to the Web in Italy," Google calls the decision "astonishing" citing the assistance it provided to local police in helping bring those who uploaded the video (and bullied the autistic child) to justice. More importantly, Google says that the decision "attacks the very principles of freedom on which the Internet is built." On the surface, we have to agree. Here's how Google describes the dystopian knock-on effect should this ruling take precedent:
As you can imagine, Google has responded with vigor. In a post on Google's official blog ominously titled "Serious Threat to the Web in Italy," Google calls the decision "astonishing" citing the assistance it provided to local police in helping bring those who uploaded the video (and bullied the autistic child) to justice. More importantly, Google says that the decision "attacks the very principles of freedom on which the Internet is built." On the surface, we have to agree. Here's how Google describes the dystopian knock-on effect should this ruling take precedent:
Google will, of course, appeal."European Union law was drafted specifically to give hosting providers a safe harbor from liability so long as they remove illegal content once they are notified of its existence. The belief, rightly in our opinion, was that a notice and take down regime of this kind would help creativity flourish and support free speech while protecting personal privacy. If that principle is swept aside and sites like Blogger, YouTube and indeed every social network and any community bulletin board, are held responsible for vetting every single piece of content that is uploaded to them - every piece of text, every photo, every file, every video - then the Web as we know it will cease to exist, and many of the economic, social, political and technological benefits it brings could disappear."
























@513
Unfortunately you have a good point. :(
an italian guy...
The only ones violating privacy here are the bullies. I'm on Google's side.
@Abstrakt
In italy we have a big problem with justice. Google is financially negative for our prime minister, which holds also 90% of the advertisement market.
He's defending his business, from an advantage point.
Plus yesterday they caught a guy from his party laundering 2 billions euro of drug money for the mafia. He has to divert attention.
@mascarpone
Sounds more like he's BRINGING attention to it. Par for the course for Berlusconi, as I understand it.
@Smart People Play Tuba
Berlusconi is notorious for being sexist, corrupt and a borderline fascist in most of Europe.
Wow, what an awful ruling. How do the appeals courts work in Italy? This is such a bad decision, it would seem to have to be over ruled.
@mascarpone
Even if he wanted, Berlusconi couldn't have influenced this decision. Fortunately we still have some resemblance of the separation of powers (well, until he gets people to believe abolishing it is a good thing, which he has almost done, sadly).
The media will obviously report on this rather than other far less pleasant (for him) news, but that's a different thing.
On a side note, the majority of people here *really* think that it was indeed Google's fault for not using some bullying-detector-magic-filter, so that they didn't have to see what their little angels are really up to when at school. It's pretty sad, but that's the way it is.
@Abstrakt So Google hates China and Italy now... who's next?
@m1lt0n
So, you are saying that Italians are technologically challenged? Maybe Google should just pull the plug there, it sounds like it won't lose any customers.
@Abstrakt
Bebiddy Bahbiddy! Boobibiddy bahboobiddy. BAHBIDDY! BAHBIDDY!
You got that Italy?!
Google FTW!
@mascarpone
When Skynet goes online someone's gonna have some 'splainin to do...
@l3admonky
LOL Did you just grow a mustache?
@Troll It was a video of a crime being committed. If you put a video of yourself committing a crime on the internet, then your right to privacy is gone, or it should be.
@Abstrakt
Aye +1 to Google. I hope they win the appeal, cause this is just wrong.
@Abstrakt Google should not be held responsible for monitoring content but they do have an obligation to do something about it fast if it is pointed out that certain content is inappropriate. If somebody posted some child porn and known to Google, should Google take weeks to take it down or are they obligated to take it down in hours. Google is trying to shirk their responsibility by using the old argument that they are not responsible for the content. Reactions: http://bit.ly/google-executives-going-to-jail-right-wrong
I agree with google.
Italian law seems like BS to me..
@Kaboof The BS stands for Berlusconi I presume. That idiot has a massive media business, no wonder they're going after Pirate Bay and Google so much.
To all Italians - honestly, why the hell did you vote him back in?
@r3loaded
Maybe they didn't. Perhaps Berlusconi is also in the ballot-box-stuffing business. He's diversified, you know.
@r3loaded
problem is tha other politcs are incredible bad, the all left side is amazing never able to arrive at the end of legislation and causing much more troubles than berlusconi's games..
really seems there is no choice..
by the way I never voted cause is an insult to myself and I'm trying the only chance... move out of italy
@iruam
Just becuase the current leader is better than the main alternativesis no reason not to vote.
Not for a minority party, vote for an alternative.
Prove to your leaders that they are not in the strong position they believe they are in.
By not voting the status quo will never change.
@alberth: That's why we* really need a "none of the above". I don't know what would happen if they got the most votes, maybe just make it so that whoever wins not including "none of the above" still wins, but have it recorded that said people choose to vote but not for anyone standing. Would certainly sepatate the number of people who refuse to vote from those who can't be bothered.
*by we I meen democratic nations
@Alphathon Dunno about the italian election system but the Swedish one has just that, you can cast a blank vote and it will be recorded and reported
@Alphathon You seriously can't find a third party candidate to vote for? I never vote for Republicans or Democrats here in the U.S.; they're all corrupt bastards on both sides. However, there are plenty of decent third party candidates to pick from. "Oh, you're throwing away your vote", perhaps so, but at least I'm voting my conscience and can feel good about myself at the end of the day instead of picking the lessor of two evils. This way I get to vote FOR someone, not AGAINST someone else...
@jimgadgetman I don't generally want to NOT vote for any of the major parties here (UK) - I generally tend towards Labour, with Lib-Dems coming second. Of course the system works differently here - you vote for the govournment, not the leader. The leader matters, but the way it works is you vote for your local representative, and the party with the most representatives gets into power. (I think its vaguelly similar to the US senate, except the Prime Minister is chosen by which party has the most representatives. Voting "third party" - there are 3 major parties in the UK, so that doesn't really work as a phrase - can make a difference, as they can represent your area in parliament, but it WON'T chage the Prime Minister). Anyway, all I'm saying is you should have the option.
FYI, I was just making a general statement, not commenting on a specific electorial system.
Likely just a corrupt judge out to make a name for himself. Obviously this is a ridiculous decision. If someone is murdered and the video posted to youtube, are you going to charge google with murder? They can't possibly watch every single video ever put on youtube. The judge should have his head examined.
Guys, no need to comment here.
Here in Italy we have huge problems with this type of things. Google's employees just seem like the next victims of a corrupt system.
That said, let's keep this place away from politics, shall we?
We're all here cause we love gadgets... google may take this to a european court where they have a better chance of getting a fair sentence.
What a shame.
@(Unverified)
No need to comment here?.. yet you speak??
@(Unverified)
Political or not, if it's tech-related, it needs to get covered here. The outrage this will (hopefully) cause might make it newsworthy enough to actually cause Berlusconi to lose some political capital.
@Smart People Play Tuba
Actually, this is not political. He has a point there. Separation of powers applies in Italy too. So, this (moron and stupid) judge has nothing to do with politics (and Berlusconi in particular).
Don't get your panties in a twist. That's only some saber rattling by a judge who has probably no clue what he was talking about.
Shouldn't take long until this decision is overturned.
why do they have to appeal. If they never acknowledge the ruling, won't it just disappear? It is the Italian court after all. I doubt they would be allowed to come to the US to arrest them. And anyone got a link to the vid??
@Brent1700
They live and work in Italy.
@Brent1700 as u can read the video is removed. And who says the sentenced guys dont live in Italy? Oh and sure they could just do nothing, and get sentenced everytime there is a illegal video? Or someone posts illegal stuff in Google Buzz? As they said this could cause some serious problems...
Sounds like Google should move out of Italy.
@cobaltage That probably is excactly what goold old Berlusconi would want them to do.
Just pull Google out of Italy all together. :)
Nice to see that morons running the courts isn't just an issue here in the US. To our Italian friends, sorry you guys have to deal with this idiocy, maybe someday we'll all figure out how to ensure only intelligent judges take the bench.
@Atkins
I have a rather dry sense of sarcasm. In reality it sucks.
This is actually an interesting legal question. Is google responsible
for privacy violations in videos uploaded to youtube?
Usually as a publisher you are.
Don't know why everyone is so outraged on this one..
@Lavoe
Its a public website. There is no privacy.
@Lavoe. Thats just it. Google don't actively publish the video. They make it possible for you or I to publish the video. The difference is that sites like google videos, youtube facebook etc are not edited before publication like the printed press or television and therefore cannot possibly be held liable. The sooner this conceptual comparison to traditional media companies is dropped the better.
@Lavoe it's googles responsibility to remove the video when they notice it. It's like punishing a billboard owner for racist graffity comments some kid added.
@psiberman Agree, but judges usually have to speak current law.
Also if you offer a platform for publishing you have to make sure that
publishers are identifiable. I use Mininova too, but have to admit that piracy in essence is wrong.
@mhunterjr
Actually it's more like convicting the president and dean of a college for a racist flyer posted on one of its public bulletin board stands.
@mhunterjr They DID remove the video after being notified about it.
This is not the first time that Italians have tried to make some crazy charges against Google execs. I wouldn't like to get in trouble in that country.
@Wesley I know. They might sentence you to a lifetime at the Jersey Shore! no, jk lol
@Atkins
That type of approval undertaking would not be feasible. Thousands of videos pop up in sites per day. To approve all these videos per day would be ridiculous. Google did the right thing- once notified, took the vid down and helped catch the douche. End of story.
LULz its not our government so......I dont really care
"the Web as we know it will cease to exist, and many of the economic, social, political and technological benefits it brings could disappear."
shouldn't that last "could" be a "will" as well?