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Posts tagged ‘right to be forgotten’

Could a right to be forgotten in Argentina threaten free-speech?

Carter, Edward L. “ARGENTINA’S RIGHT TO BE FORGOTTEN.” Emory Int’l L. Rev. 27 (2013): 23-661.

The twentieth century Argentine author Jorge Luis Borges wrote a fictional short story about a boy named Ireneo Funes who suffered the curse of remembering everything. For Funes, the present was worthless because it was consumed by his memories of the past. One contemporary author has described the lesson of Funes: “Borges suggests that forgetting—that is, forgetting ceaselessly—is essential and necessary for thought and language and literature, for simply being a human being.” The struggle between remembering and forgetting is not unique to Borges or Argentina, but that struggle has manifested itself in Argentina in poignant ways, even outside the writings of Borges. In recent years, the battle has played out in Argentina’s courts in the form of lawsuits by celebrities against the Internet search engines Google and Yahoo.

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How does trading online privacy lead to self-coercion?

Hermstrüwer, Yoan, and Stephan Dickert (2013) Tearing the Veil of Privacy Law: An Experiment on Chilling Effects and the Right to Be Forgotten. No. 2013_15. Max Planck Institute for Research on Collective Goods, 2013.

Privacy law relies on the argument that consent does not entail any relevant impediments for the liberty of the consenting individual. Challenging this argument, we experimentally investigate whether consent to the publication of personal information in cyberspace entails self-coercion on a social norm level. Our results suggest that the monetary benefits from consent constitute a price that people are willing to accept for increased compliance with social norms.

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Is the Right to be Forgotten a threat to free speech?

Jeffrey Rosen (2012) The Right to Be Forgotten, Stanford Law Review February 13, 2012

At the end of January, the European Commissioner for Justice, Fundamental Rights, and Citizenship, Viviane Reding, announced the European Commission’s proposal to create a sweeping new privacy right—the “right to be forgotten.” Although Reding depicted the new right as a modest expansion of existing data privacy rights, in fact it represents the biggest threat to free speech on the Internet in the coming decade. The right to be forgotten could make Facebook and Google, for example, liable for up to two percent of their global income if they fail to remove photos that people post about themselves and later regret, even if the photos have been widely distributed already. Unless the right is defined more precisely when it is promulgated over the next year or so, it could precipitate a dramatic clash between European and American conceptions of the proper balance between privacy and free speech, leading to a far less open Internet.

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Should we have the digital Right to Be Forgotten?

Rolf H. Weber (2011) The Right to Be Forgotten, More Than a Pandora’s Box?, JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law

Recently, political voices have stressed the need to introduce a right to be forgotten as new human right. Individuals should have the right to make potentially damaging information disappear after a certain time has elapsed. Such new right, however, can come in conflict with the principle of free speech. Therefore, its scope needs to be evaluated in the light of appropriate data protection rules. Insofar, a more user-centered approach is to be realized. “Delete” can not be a value as such, but must be balanced within a new legal framework.

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