If I'm going to be hiring you, dating you, or having you around my family the public information regarding your history of immorality and criminality suddenly becomes relevant.
Does it?
Does getting busted for smoking a joint at university really make any difference to whether someone is a good employee a decade later? Should this matter?
Does being merely accused of something once upon a time really make any difference to whether someone is a good employee? Even if they didn't actually do it, and were cleared at trial or never even got that far because the charges were later dropped? Should this matter?
Sometimes people tend to think the worst of other people, or simply let their personal prejudices get in the way. That's why employers already aren't legally allowed to discriminate on some grounds when making hiring and firing decisions, and why sometimes information is legally protected by the courts. So maybe providing tools with the scale and influence of a search engine like Google to feed the prejudices and paranoia of hiring managers without regard to correctness, completeness or context isn't the best idea.
It's a conversation between all of us and we individually ought to determine what is relevant to all of us not censors.
Be careful what you wish for. In this case, one person's censorship is another person's respect for privacy. In a world where no-one gets second chances, how do people ever escape a criminal path and get back on the straight and narrow?
If you even try we will make a search engine exclusively for illegal truths and the things that you want to hide will only become more visible. Ultimately the Internet belongs to all of us and we won't let you stifle it.
Oh, you're going to invent and fill an entire Internet on your own, free from the laws and ethics and practicalities that apply to everyone else? Well, OK, good luck with that.
- Getting busted smoking a joint where its still illegal is a matter of public record regardless of whether it shows up on google
- If you are wrongly accused refute the accusation. Its an unfortunate matter that got cleared up. You might get passed over for a job, try again put in another app. The extra struggle unfortunate as it is is a lesser evil then giving anyone with money to hire lawyers the ability to silence critics.
- Respecting your privacy means not reading your diary or publishing your emails for planet earth to read. Unless the data was obtained unethically or you had a legal or moral expectation that it wouldn't be shared then there is nothing legally or morally wrong with sharing it. This isn't gray its black and white.
- Censorship is when the government acting on its own behalf or on behalf of others via legal apparatus silences the citizenry or suppresses their speech. Once again this is super black and white.
Censorship is a terrible idea that is somehow gaining credence among otherwise educated people. In the first place it is a gross violation of the right of the citizenry and a terrible precedent, in the second while it might silence the little guy in a lot of common cases the people you ought to be concerned about the movers and shakers who are likely to make decisions that effect peoples lives can probably afford a source of information that is less likely to be effected.
So you are looking at creating a world where you don't know bob whose dating your daughter was accused on 3 separate occasions of rape but john the hiring manager still knows you were caught with some weed at 19 even if the charges were dropped.
If you win you will have accomplished nothing of note other than making the world a crummier place.
Getting busted smoking a joint where its still illegal is a matter of public record regardless of whether it shows up on google
But in a lot of places, the degree to which public authorities will report it in official background checks will fade over time, as will any legal obligation for the individual to disclose the information when, say, applying for a job. There are well established arguments for governments acting this way in their treatment of past offenders, and whether or not search engines highlight past indiscretions that are otherwise considered in the past by the legal system, thus undermining the normal legal position, can have a large practical impact on the individual's future.
If you are wrongly accused refute the accusation. Its an unfortunate matter that got cleared up. You might get passed over for a job, try again put in another app. The extra struggle unfortunate as it is is a lesser evil then giving anyone with money to hire lawyers the ability to silence critics.
I'm sure that will be a great comfort to the paediatrician who was mistaken for a paedophile by someone too stupid to know the difference, as they go into hiding on police advice while the death threats are dealt with.
Unless the data was obtained unethically or you had a legal or moral expectation that it wouldn't be shared then there is nothing legally or morally wrong with sharing it. This isn't gray its black and white.
Very little in either ethics or law is black and white. In fact, there is an entire section of EU law about processing personal data that shows how far from black and white the legal rules are, and the RTBF ruling from the CJEU was just a particularly high-profile application of those general legal principles.
Censorship is when the government acting on its own behalf or on behalf of others via legal apparatus silences the citizenry or suppresses their speech. Once again this is super black and white.
So you don't agree with any form of defamation laws? You don't have a problem with someone inciting someone else to commit a serious crime so they can avoid getting their own hands dirty? You think someone who phones in a hoax threat before a major sporting event, causing huge amounts of disruption, financial loss and potentially physical harm to many thousands of people, is just exercising their right to free speech and shouldn't suffer any negative consequences?
So you are looking at creating a world where you don't know bob whose dating your daughter was accused on 3 separate occasions of rape
That depends entirely on the situation. Were those three separate accusations all made by close friends of Bob's psycho ex, and did any of them actually lead to any sort of trial? Because if not, protecting Bob from unproven accusations that could seriously damage his reputation is exactly why it's important to have strong privacy laws and to make sure that any personal data that is being shared is not misleading.
Now, if Bob was prosecuted for rape, took a plea bargain accepting some lesser sexual assault charge, and is on some official sexual offenders register, then that's a different story entirely. But in that case, it's unlikely that the RTBF would mean Bob was entitled to suppress search engine results reporting that situation either. Again, the world is not a black and white place, and neither are the EU legal provisions on which the RTBF result was based.
Regarding censorship rape threats, defamation, bomb threats and other obvious and clear exceptions to free speech. Those are pretty well understood and covered by existing law. We are talking about suppressing true statements 1984 style and making the truth disappear ex post facto from the internet. This isn't the same as shouting fire in a crowded theater and you know it.
You still haven't addressed how easy it would be to create a public search engine of illegal truths nor the fact that there is so much info out there that anyone of importance will likely have access to all the info about people that they might want to hide. You wont be able to get a job at McDonald's without dealing with someone who pays a monthy fee for the truth about you.
We are talking about suppressing true statements 1984 style and making the truth disappear ex post facto from the internet. This isn't the same as shouting fire in a crowded theater and you know it.
No, it's the more like a court-ordered anonymity ruling protecting a vulnerable witness, or medical confidentiality, or a government removing old convictions for minor offences from someone's official background checks. All of these are well established principles in other parts of our legal and government systems, and the ethical arguments for them are well understood.
You still haven't addressed how easy it would be to create a public search engine of illegal truths
If you want to do that somewhere outside the jurisdiction of the EU, well, good luck with that. It's going to cost you a fortune for very little benefit, but if you believe so strongly in the ethics of this and your own legal system protects your freedom of speech above any other relevant rights, go ahead. But if you do that in the EU, you're going to jail. And you should probably expect that if you did openly challenge the legal principles of the EU in such a way, the EU actually would respond by censoring your site within its own territory, just as it ruled that Google (who know a thing or two about building a search engine, in case you didn't know) are required to comply with the same data protection rules as everyone else in the RTBF case.
nor the fact that there is so much info out there that anyone of importance will likely have access to all the info about people that they might want to hide
You keep saying this, but the whole point is that if you have a facility like a search engine making it easy to find that information then any damage caused by propagating or perpetuating the information will be greatly magnified.
The reality is that even in very important situations like a trial in court, a jury will not be told information that the law deems irrelevant or inadmissible in the case. And as I've been explaining in various other comments in this discussion, these legal principles have been developed over a very long period of time and apply far more widely than just Google and RTBF. If you want to challenge them, again go ahead, but you're not just taking on some online free speech issue, you're taking on generations of legal and ethical argument that have brought us to where we are today.
You wont be able to get a job at McDonald's without dealing with someone who pays a monthy fee for the truth about you.
That kind of argument is exactly why these legal protections are necessary.
Again, it's hardly news that allowing employers to discriminate on undesirable grounds is not healthy for society. We have literally passed laws to protect various categories of vulnerable people against other potential abuses in the employment system.
This is no different, except that it's not even close to the same scale and didn't even need laws of its own, just the same basic legal data protection principles that already applied. If you want to provide that monthly database of "truth" about someone to potential employers of that person, and your database in fact presents a misleading picture of that person because while true the information is also incomplete or out of context or otherwise not telling the whole story, you should expect to be taken to court and you should expect the court to award damages to the person harmed by your misrepresentation of them.
Ultimately it's the same principle that leads oaths in court to say not just "tell the truth" but something like "tell the truth, the whole truth, and nothing but the truth". The problem here isn't someone telling inconvenient truths about someone else, it's misrepresentation that causes harm. Sometimes you can do that even by telling the truth, if you're only telling a partial truth, and our legal system recognises that.
A trial is a very specific situation whereby we deem that controlling how the facts are presented is deemed vital to an essential function of our justice system. The jurists are a tiny handful of individuals explicitly picked from those who hold no interest in the case and they are denied free access to public info only so long as the trial lasts.
It troubles me that you make little distinction between keeping a handful of disinterested parties in the dark for a few months so they can render an impartial verdict based on specific facts and giving the government the power to decide for all of us what truths are fit to be heard.
There are many orders of magnitude more difficulty and potential for abuse.
Your fantasies about fresh starts and protecting innocents from persecution are poorly founded daydreams. You are unwittingly pushing for us to lay the groundwork for tyranny and injustice in pursuit of a fools errand. While this is ripe for abuse it is bizarrely naive to believe that important people will willingly give up the ability to spy on us, collect information on us, and use that intelligence to make decisions about our lives.
Further where does it end? Must the internet consist only of truths that everyone can agree or in other words why is western Europe special and say Saudi Arabia not. Is it because you suppose you are reasonable and they are not?
I'm sorry, but you keep reading things into my posts that aren't there, and as a result you are attacking straw men in your responses.
All I am really arguing here is that if we have laws that protect privacy and limit use of personal data for whatever we consider good reasons in a certain jurisdiction, those laws must apply equally to online sources and data processing within that same jurisdiction. What those laws are and what reasons we might consider good enough to prioritise privacy over other relevant factors is a vast and complicated area, and today's situation was reached after numerous debates by smart and thoughtful people.
You seem to be interested in promoting some sort of anti-government agenda here. Don't trust the government, fear its power over the people, and all that. In other contexts, perhaps I might agree with some of your concerns there. But this issue, the one we're talking about right now, has really very little to do with excessive government power or state censorship. This is simply about enforcing laws we already have, made with good intentions, written in reasonable terms, and with the purpose of protecting vulnerable people from unjust harm. That is no more an abuse of government power than having police officers legally allowed to use force against you if you're literally beating up another person in the street, because that police action is an infringement of your right to free expression or something.
You have already spoken in favor of jailing developers in one jurisdiction because they don't implement legal censorship you favor in your jurisdiction regardless of the laws in their jurisdiction where exactly does THAT road end?
You have proposed we make a secret book of illegal truths unknowable to the general public that we cannot even protest effectively without running afoul of the laws prohibition of their publication.
If you simply support delisting such inconvenient truths from google then your work is for naught as I will simply publish a list of such truths. If you support whitewashing the entire internet of them then you have proposed we impliment 1984 for the sake of helping bad people move on with their lives after learning better. Backed up by threats of violence and imprisonment from your nations thugs.
Rather than buying their peace of mind with my freedom I propose you spend your own nations money to support programs that will employ, educate, and provide therapy to help them move on.
I have done no such things, and in fact several of my comments in this HN discussion have said very much the opposite of what you described, as anyone who cares to read a few comments up can immediately verify. You're just making stuff up now, and as such I see no value in continuing this thread any further.
You said if someone was to publish a search engine for illegal truths they would be jailed in the EU.
You are continually framing the right to silence others as some sort of right.
You ought to note that such rights normally derive from obligations to those whom you entrusted your data in the first place.
Your doctor nor his staff may share your medical information. Either explicitly in an agreement or implicitly by law you gained the right to expect that your information remain confidential when you became his patient.
When you mug someone and break their face no amount of jail time and rehabilitation obliges your victim nor society at large to silence.
You imagine all of society possesses an obligation that rightly attaches only to those with relevant relationships like employee/employer, doctor patient etc.
You cannot attach such an obligation without grossly limiting freedom and such an obligation attached to no human right I can imagine.
Your position isn't merely badly thought out its morally wrong. If you can no longer discuss it then I'll drop it.
Does it?
Does getting busted for smoking a joint at university really make any difference to whether someone is a good employee a decade later? Should this matter?
Does being merely accused of something once upon a time really make any difference to whether someone is a good employee? Even if they didn't actually do it, and were cleared at trial or never even got that far because the charges were later dropped? Should this matter?
Sometimes people tend to think the worst of other people, or simply let their personal prejudices get in the way. That's why employers already aren't legally allowed to discriminate on some grounds when making hiring and firing decisions, and why sometimes information is legally protected by the courts. So maybe providing tools with the scale and influence of a search engine like Google to feed the prejudices and paranoia of hiring managers without regard to correctness, completeness or context isn't the best idea.
It's a conversation between all of us and we individually ought to determine what is relevant to all of us not censors.
Be careful what you wish for. In this case, one person's censorship is another person's respect for privacy. In a world where no-one gets second chances, how do people ever escape a criminal path and get back on the straight and narrow?
If you even try we will make a search engine exclusively for illegal truths and the things that you want to hide will only become more visible. Ultimately the Internet belongs to all of us and we won't let you stifle it.
Oh, you're going to invent and fill an entire Internet on your own, free from the laws and ethics and practicalities that apply to everyone else? Well, OK, good luck with that.