Google Lawsuit on Italian Privacy Law

As we enter into a new generation of internet based sites, the lines between what is ethical and legal are becoming increasingly thin. Even in the virtual world, companies need to make sure they are not violating any copyright, privacy, free speech, remixing, or culture jamming laws.

Google was not the first type of search engine, but certainly has become the most successful. Google’s methodology allows its search engine to pull information from every corner of the Global Internet. So if the service is free, how have they become such a profitable company? Ads! 99% of Goggle's revenue is from companies who place advertisements on their sites, topping a whopping $100 billion.

A recent lawsuit against Google threatens the way Google has operated for years. The prosecutors claim that Google is no different than any other media company and not just a tool for users. The case, brought on by the Italian law, argues that Google is responsible for all the context its system pulls. The Italians are suing and holding three Google executives accountable for a video posted by a few boys on YouTube poking fun at children with disabilities. The prosecutors state that Google did not remove the offensive videos untill after they were contacted by the police, which occurred nearly two months after the video was posted.

The prosecutors state that Google uses user content to generate revenue through advertisements. Because they are using someone’s personal data with intent of harming them to make a profit, it breaks Italian privacy laws. If the case goes through, Google will be expected to monitor all content it hosts in Italy. A Google Spokesman, Mr. Echikson, claims that this is nearly impossible with 20 hours of video going up every minute of the day.

Alfredo Robledo, one of the prosecutors, argues that Google should be able to easily monitor its content, and should not be allowed to make a profit by advertising on content that violates privacy laws.

Yet Google feels the complete opposite. “If company employees like me can be held criminally liable for any video on a hosting platform, when they had absolutely nothing to do with the video in question, then our liability is unlimited,” said one of the three executives, Mr. Fleischer.

As seen below, Bill Echikson, spokesperson for google, was quotes saying this case was simply "astonishing"

This privacy case has caused a lot of buzz. Google executives are being held responsible for content posted by its users. They themselfs had nothing to do with the video in question, and with so many videos being posted everyone minute on Youtube, probably had no idea of the videos existence. Before Web 2.0, a case like this would not have ever been possible. Now, with so many sites having user generated content, the big question is who is responsible for monitoring the content?

This case shows how interconnected the web has become. When I read this case my first reaction was “well isn’t that YouTube’s responsible to monitor its own videos?” But the reality is that because the web is so connected, a 3rd party site such as Google can also be held responsible. If this case goes through, Google’s business model of pulling information from every corner of the web may be in jeopardy. What does this mean for the freedom of expression in the digital age? Will sites like Itunes be resonsible if they sell a song which later is accused of being copied?

If countries, such as Italy, keep restricting sites content due to privacy issues, sites such as Facebook, Youtube, and Google may no longer offer there services to its people and these sites won't be able to “leave a mark” in those countries. The “global internet” of Web 2.0 may no longer be so global.