Wednesday, February 15, 2012

The Right to Be Forgotten a Threat to Free Speech?

Great article on the right to be forgotten and new European law: http://www.stanfordlawreview.org/online/privacy-paradox/right-to-be-forgotten

It seems counterintuitive at first that the right to be forgotten might threaten free speech, but Jefferey Rosen points out the different approaches to the past that Europe and the U.S. has taken:

 In Europe, the intellectual roots of the right to be forgotten can be found in French law, which recognizes le droit à l’oubli—or the “right of oblivion”—a right that allows a convicted criminal who has served his time and been rehabilitated to object to the publication of the facts of his conviction and incarceration. In America, by contrast, publication of someone’s criminal history is protected by the First Amendment, leading Wikipedia to resist the efforts by two Germans convicted of murdering a famous actor to remove their criminal history from the actor’s Wikipedia page.
Great article that is well worth the read.

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