Three Google employees convicted in Italian court for user-uploaded content

In late 2006, students at a school in Turin, Italy filmed and then uploaded a video to Google Video that showed them bullying an autistic schoolmate. The video was totally reprehensible and we took it down within hours of being notified by the Italian police. We also worked with the local police to help identify the person responsible for uploading it and she was subsequently sentenced to 10 months community service by a court in Turin, as were several other classmates who were also involved. In these rare but unpleasant cases, that’s where our involvement would normally end.

But in this instance, a public prosecutor in Milan decided to indict four Google employees —David Drummond, Arvind Desikan, Peter Fleischer and George Reyes (who left the company in 2008). The charges brought against them were criminal defamation and a failure to comply with the Italian privacy code. To be clear, none of the four Googlers charged had anything to do with this video. They did not appear in it, film it, upload it or review it. None of them know the people involved or were even aware of the video’s existence until after it was removed.

Nevertheless, a judge in Milan today convicted 3 of the 4 defendants — David Drummond, Peter Fleischer and George Reyes — for failure to comply with the Italian privacy code. All 4 were found not guilty of criminal defamation. In essence this ruling means that employees of hosting platforms like Google Video are criminally responsible for content that users upload. We will appeal this astonishing decision because the Google employees on trial had nothing to do with the video in question. Throughout this long process, they have displayed admirable grace and fortitude. It is outrageous that they have been subjected to a trial at all.

But we are deeply troubled by this conviction for another equally important reason. It attacks the very principles of freedom on which the Internet is built. Common sense dictates that only the person who films and uploads a video to a hosting platform could take the steps necessary to protect the privacy and obtain the consent of the people they are filming. 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.

These are important points of principle, which is why we and our employees will vigorously appeal this decision.

Ireland Makes Blasphemy Illegal

Irish atheists are horrified by new legislation making blasphemy illegal, and punishable by a 25,000-Euro fine. Christians of all stripes should be, too.

As part of a revision to defamation legislation, the Dail (Irish Parliament) passed legislation creating a new crime of blasphemy. This attack on free speech, debated for several months in Europe, has gone largely unnoticed in the American press.

The text of the legislation is provided at the end of this post.

How does this impact free speech? Just don’t be rude.

• Atheists can be prosecuted for saying that God is imaginary. That causes outrage.
• Pagans can be prosecuted for saying they left Christianity because God is violent and bloodthirsty, promotes genocide, and permits slavery.
• Christians can be prosecuted for saying that Allah is a moon god, or for drawing a picture of Mohammed, or for saying that Islam is a violent religion which breeds terrorists.
• Jews can be prosecuted for saying Jesus isn’t the Messiah.

Is it really THAT big a deal?

Ireland’s Blasphemy Bill not only criminalizes free speech, it also gives the police the authority to confiscate anything deemed “blasphemous”. They may enter and search any premises, with force if needed, upon “reasonable suspicion” that such materials are present.

• The local Freethinkers society, with its copies of Hitchens’ God Is Not Great: How Religion Poisons Everything.
• The video store, with copies of The God Who Wasn’t There.
• The history teacher, who uses The Dark Side of Christian History to teach her class.
• The library, with its collection of books deemed blasphemous.
• Even the homeowner who lets the wrong person know he has a copy of Salman Rushdie’s The Satanic Verses could find his door broken in by the Thought Police, his bookshelves ransacked, and his books burning in the front yard!

Satirizing religion in any way, shape, or form, if it “causes outrage”, is now a prosecutable offense in Ireland. Saying anything negative about a religion, if it “causes outrage”, can now be prosecuted as a crime. Just like in Muslim countries.

Witness the return of the Dark Ages.

The text of the legislation:

36. Publication or utterance of blasphemous matter.

(1) A person who publishes or utters blasphemous matter shall be guilty of an offence and shall be liable upon conviction on indictment to a fine not exceeding €100,000. [Amended to €25,000]

(2) For the purposes of this section, a person publishes or utters blasphemous matter if (a) he or she publishes or utters matter that is grossly abusive or insulting in relation to matters held sacred by any religion, thereby causing outrage among a substantial number of the adherents of that religion, and (b) he or she intends, by the publication or utterance of the matter concerned, to cause such outrage.

(3) It shall be a defence to proceedings for an offence under this section for the defendant to prove that a reasonable person would find genuine literary, artistic, political, scientific, or academic value in the matter to which the offence relates.

37. Seizure of copies of blasphemous statements.

(1) Where a person is convicted of an offence under section 36, the court may issue a warrant (a) authorising any member of the Garda Siochana to enter (if necessary by the use of reasonable force) at all reasonable times any premises (including a dwelling) at which he or she has reasonable grounds for believing that copies of the statement to which the offence related are to be found, and to search those premises and seize and remove all copies of the statement found therein, (b) directing the seizure and removal by any member of the Garda Siochana of all copies of the statement to which the offence related that are in the possession of any person, © specifying the manner in which copies so seized and removed shall be detained and stored by the Garda Siochana.

(2) A member of the Garda Siochana may (a) enter and search any premises, (b) seize, remove and detain any copy of a statement to which an offence under section 36 relates found therein or in the possession of any person, in accordance with a warrant under subsection (1).

(3) Upon final judgment being given in proceedings for an offence under section 36, anything seized and removed under subsection (2) shall be disposed of in accordance with such directions as the court may give upon an application by a member of the Garda Siochana in that behalf.

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China to to Require Web Filtering Software on All PCs

Via: Wall Street Journal:

China plans to require that all personal computers sold in the country as of July 1 be shipped with software that blocks access to certain Web sites, a move that could give government censors unprecedented control over how Chinese users access the Internet.

The government, which has told global PC makers of the requirement but has yet to announce it to the public, says the effort is aimed at protecting young people from “harmful” content. The primary target is pornography, says the main developer of the software, a company that has ties to China’s security ministry and military.

China’s Ministry of Industry and Information Technology didn’t respond to requests for comment.

The Chinese government has a history of censoring a broad range of Web content. The new requirement could force PC manufacturers to choose between refusing a government order in a major market or opening themselves to charges of abetting censorship.

The software needn’t be preinstalled on each new PC — it may instead be shipped on a compact disc — giving users some choice. But if installed, foreign industry officials who have examined the software say, it could transmit personal information, cause PCs to malfunction, and make them more vulnerable to hacking. It also makes it difficult for users to tell what exactly is being blocked, officials say.

A spokeswoman for Hewlett-Packard Co., which has the largest PC market share of any U.S. vendor in China, said the company is “working with the government authorities and evaluating the best way to approach this. Obviously we will focus on delivering the best customer experience while ensuring that we meet necessary regulatory requirements.”