[Dcpr] FW: Open letter to Google on RTBF

[N. Zingales]

Dear DCPR members,

apologies for the cross-posting. I am writing to invite a reflection about an an issue that should be of interest for everyone on this list: what constitutes "responsible conduct" for a search engine that is given broad discretion to implement measures (such as de-referencing) with potentially detrimental impact on the public's right to access information? In particular, what degree of transparency should the general public expect from that search engine, given the crucial role it plays in ensuring the effectiveness of the right to privacy and freedom of expression?

Since these questions of social and moral (as opposed to legal) responsibility lie at the heart of this Dynamic Coalition's work, the attached letter (accompanied by the email below) is an opportunity for DCPR members to contribute to the initiation of an important discussion: that about the responsibility of the company in question to provide more granular statistics and better information about the way in which it is exercising such broad discretion. 

In short, this letter aims to draw attention to the insufficient publicity of the measures undertaken by the search engine in question for the implementation of the ruling of the European Court of Justice in Google Spain v AEPD and Mario Costeja González.

The letter is now open to signature for the next 24 hours, you can just reach Julia at the address below if you intend to do so, specifying your title and affiliation.

Best regards,

Nicolo

________________________________________

Begin forwarded message:

From: Julia Powles <julia.powles.freelance at theguardian.com<mailto:julia.powles.freelance at theguardian.com>>
Subject: Open letter to Google on RTBF
Date: 8 May 2015 11:42:19 CEST


Dear colleagues,

We're coming up on the 1 year anniversary (13 May) of the ECJ so-called right to be forgotten decision (Google Spain). After a number of unsuccessful attempts to pry more data out of Google in the name of transparency, Ellen Goodman (law prof at Rutgers) and I thought we'd try an open letter. Our goal is to include both defenders and critics of the decision, united in the belief that we ought to know more about how it's being implemented and how Google is striking the free speech/privacy balance in the aggregate. Edits and suggestions are welcome. We've tried to limit the number of requests lest the letter turn into a set of interrogatories, but I'm eager to refine them if they can be made more clear.

Please let me know by Sunday (10 May) if you'd like to sign (provisionally) by sending me your name/title as you'd like it to appear. I would also be most grateful if you could forward to others who are interested. To those who are in, I'll circulate a final draft on 11 or 12 May when we hope to finalise. Our plan is to send it to our various Google contacts (actually, I don't have many - let me know if you do) and circulate through policy, scholarly, press networks (again, suggestions welcome).

The index we've been keeping of academic commentary is chock-full with contributions, if you'd like to check out http://www.cambridge-code.org/googlespain.html. I'm also trying to get a handle on the evolving case law across Europe in the last 12 mths post the decision. If you've got any insights on that, including in some of the more obscure jurisdictions do let me know! :)

Kindest thanks,
Julia


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