Law in the Internet Society

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EricNFirstEssay 6 - 07 Jan 2020 - Main.EricN
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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.
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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 6r6 - 07 Jan 2020 - 09:29:50 - EricN
Revision 5r5 - 04 Jan 2020 - 11:30:54 - EricN
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