http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/02/24/BUHC1C6KIQ.DTL
In a case that could have broad implications for Internet use around the world, an Italian court convicted three Google Inc. executives Wednesday of criminal charges for failing to quickly remove an uploaded video.
Officials at the Mountain View company pledged to appeal, saying if the verdict is allowed to stand, “the Web as we know it will cease to exist.”
Legal experts agreed the case raises troubling questions for all U.S. Internet companies that do business globally.
“It absolutely is a threat,” said Danny O’Brien, international outreach coordinator for the Electronic Frontier Foundation of San Francisco.
“If intermediaries like Google or the person who hosts your Web site can be thrown in jail in any country for the acts of other people and suddenly have a legal obligation to prescreen everything anyone says on their Web site before putting it online, the tools for free speech that everyone uses on the Net would grind to a halt.”
Judge Oscar Magi found three of Google’s executives – global privacy counsel Peter Fleischer, chief legal officer David Drummond and retired Chief Financial Officer George Reyes – guilty of violating Italian privacy laws.
In absentia, the executives were handed six-month suspended sentences, although the judge also cleared them, along with a fourth executive, of defamation charges.
The case revolves around a video uploaded to Google Video in 2006 showing an autistic boy in Turin being pummeled and insulted by teenage bullies at school. The video was uploaded before Google bought the more popular YouTube.
The video drew 5,500 views in the two months before Google Italy pulled it dowwn two hours after being notified by police. The boy’s father and an advocacy group for people with Down syndrome complained the video violated privacy protection laws.
Prosecutor Alfredo Robledo told the Associated Press the verdict upheld privacy principles and put the rights of individuals ahead of those of businesses. He said the case will force Google and other firms to be held accountable for screening videos hosted on their sites.
“This is the big principal affirmed by this verdict,” Robledo said. “It is fundamental, because identity is a primary good. If we give that up, anything can happen, and that is not OK.”
Internet principles
In a company blog post, Google vice president and deputy general counsel Matt Sucherman called the ruling “astonishing” because “none of the four Googlers charged had anything to do with this video.”
The verdict “attacks the very principles of freedom on which the Internet is built,” he wrote.
The benefits of the Web could disappear if “sites like Blogger, YouTube and indeed every social network and any community bulletin board are held responsible for every single piece of content that is uploaded to them,” he said.
Support for Google
A host of U.S. technology associations jumped to Google’s defense.
“Most troubling, what happens in Italy is unlikely to stay in Italy,” said Leslie Harris, president of the Center for Democracy and Technology. “The Italian court’s actions today will surely embolden authoritarian regimes and be used to justify their own efforts to suppress Internet freedom.”
Ed Black, chief executive of the Computer and Communications Industry, said he believes the ruling will be found inconsistent with European Union laws governing Internet content.
But, he added, “this is an example of a bird in the tunnel telling us how easily it could get way out of control. This is not the only instance of countries or governments lashing out rather clumsily with blunt instruments about things they don’t like on the Internet.”
Local distinctions
Indeed, firms large enough to have an Internet presence in other countries have faced numerous skirmishes over local distinctions of laws such as copyright and intellectual property. Recently, Google has become embroiled in a dispute with China, saying it will stop censoring search results in that country after attacks on the Gmail accounts of human rights advocates there.
For those firms, there are no easy answers, said James Burger, an intellectual property attorney with the Washington, D.C., law firm Dow Lohnes.
“I could see Italy arguing we should adopt their law in this instance,” Burger said. “There is a larger problem, which is: How do we deal with U.S. companies being slammed abroad for acts that are legal in the United States?”
Pressure on Italy
Jason Schultz, director of the Samuelson Law, Technology and Public Policy Clinic at UC Berkeley, said it’s unclear whether Italian officials will try to apply the ruling more broadly.
“There will be a lot of pressure on the Italian government to rethink this shortsighted approach once the Italian citizenry realizes how limiting it will be to only have access to government-approved media,” Schultz said.