| | |
|
EricNFirstEssay 6 - 07 Jan 2020 - Main.EricN
|
| |
| META TOPICPARENT | name="FirstEssay" |
|---|
| | | Conclusion | |
<
< | When a convicted murderer can have his name removed from online search results (https://www.bbc.com/news/world-europe-50579297) and courts weigh his right to privacy higher than free speech and press freedom, then I would argue the RTBF poses a danger to free speech. Looking at the US, a recent case demonstrated why the RTBF does not (yet) work under current US Law. In Yury Mosha v. Yandex Inc., S.D.N.Y.,18 Civ. 5444 (ER) Mosha claimed that the Russian search engine Yandex.ru would defame him and after an unsuccessful trial in Russia, Mosha filed a claim in New York against the US subsidiary of Yandex, Inc. The District Court granted the defendant’s motion to dismiss, based on the immunity of Yandex, Inc. under the Communications Decency Act ("CDA"), 47 U.S.C. § 230, holding that internet search providers are interactive computer services and as such, may rely on the immunity granted under the CDA. It will be interesting to see if this line of argumentation may be upheld in California in 2020. | >
> | When a convicted murderer can have his name removed from online search results (German murderer wins 'right to be forgotten', BBC) and courts weigh his right to privacy higher than free speech and press freedom, then I would argue the RTBF poses a danger to free speech. Looking at the US, a recent case demonstrated why the RTBF does not (yet) work under current US Law. In Yury Mosha v. Yandex Inc., S.D.N.Y.,18 Civ. 5444 (ER) Mosha claimed that the Russian search engine Yandex.ru would defame him and after an unsuccessful trial in Russia, Mosha filed a claim in New York against the US subsidiary of Yandex, Inc. The District Court granted the defendant’s motion to dismiss, based on the immunity of Yandex, Inc. under the Communications Decency Act ("CDA"), 47 U.S.C. § 230, holding that internet search providers are interactive computer services and as such, may rely on the immunity granted under the CDA. It will be interesting to see if this line of argumentation may be upheld in California in 2020. | | |
|
|
| Revision 6 | r6 - 07 Jan 2020 - 09:29:50 - EricN |
| Revision 5 | r5 - 04 Jan 2020 - 11:30:54 - EricN |
|
|
|
This site is powered by the TWiki collaboration platform.
All material on this collaboration platform is the property of the contributing authors.
All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
|
|
| | |