Day 8 Predictions

For those who aren't familiar, here are Creative Commons' and Google's explanations of DMCA Notice and Takedown Procedures, one example of Due Process online

Should there be Due Process Online

It seems like there should be, though I can't predict where the folks from Google believe it should come from. On the one hand, you might think that Google is "just" a company, and their due process obligations are not greater than those of any other private entity who effects your life: i.e. send a letter to the complaint department and pray. At the entire other end of the spectrum, you might think that Google is such a critical point-of-control online that the government should have no problem regulating them in areas from copyright to even their handling of search results and their imposition of the death penalty. My guess is that Google believes itself to be in the former, "leave-us-alone" pile.

It's great how the website with the article on the Google death penalty was filled with mostly internal links, which I'm guessing are intended to raise its Google rank.

Due Process Defaults

There are at least two default possibilities for due process of takedowns on the internet: (1) Due process afforded before takedown (default on), and (2) take down immediately upon request and afford due process to restore the content (default off). Google will probably take the stance that (2), default off, is a more appropriate standard for internet due process. Since internet content can do a great deal of harm in a very short period of time, it makes sense to take it down immediately (after someone has complained that it might be harmful information) and create a process by which the uploaded can ask that it be restored. That way the damage of offensive content is mitigated, but could not be unilaterally censored. (also, this process probably does the best job of limiting the liability of companies like Google, YouTube, etc). I think one of the biggest problem companies such as Google face is however that after summary proceedings, which in Europe can take more than 3 months after the lawsuit was filed, the procedure on the merits can take years and years (up to 6 or even more years), so it takes too much time until the case comes to an end (unless parties are willing to settle). Another problem are the huge damages (imposed on a daily basis in case of non-compliance) that are imposed very easily and run up very quickly. I would like to hear the thoughts of the guests on this.

The counter argument to the above is that this cripples the generatively of the internet. If anyone can request that content be taken down which web companies must comply with, it would be possible for anyone to (at least temporarily) gag the production of new content. A better compromise might be to require that the requester make some showing of who they are and how they will be harmed (at something resembling a probable cause standard) before web companies must comply with such a complaint.

Due process is needed for the protection of the party against which actions to be taken, and in the interest of public notice. According to Facebook terms of service, an account will be disabled if it is found to repeatedly infringe other people's intellectual property rights. Here a due process is needed to disable an account on Facebook. How many times does "repeatedly" refer to? Who have the final say on this "infringement" of other people's intellectual property rights? Hope to hear more from our guest on their practice to deal with this, and how they balance between the alleged owner of the right and the one against whom the action to be taken.

Google and China

Although today's class isn't about this topic, it's hard to believe it won't come up. It will be interesting to hear whether the Google guest will have a response to Jason's concern that Google disengaging with China will allow unscrupulous actors to dominate the world's biggest internet market, and that Google, even if it had to make compromises, could do more good than evil by working inside China.

Yes, The voice of "Google in China" not "Google China" is around for a while. It will be interesting to hear how Google will do business in China if it finally decided to pull out. This will have a huge impact on not only the internet users in China, but also the resellers and strategic partners of Google China.

I think there is some connection between the Google-China news and today's topic. From a macro perspective, what kind of due process should be given to Google (or any other type of Internet service provider) before the decision is made to force them to withdraw? Today's speaker should have some good insights into Google's experiences with Turkey to might help us understand what the coming fight with China may look like. Another thing to consider with regard to today's topic is whether there should be (if any) due process afforded to China itself - by releasing the publicity statement, Google is essentially making wide allegations against (presumably) the Chinese Government - does this raise due process concerns? Was this the best or only way to handle it? It certainly got the world's attention, and I do find it doubtful that China would have responded in any other way.