Italian Privacy Violation Case Wednesday Could Set Dangerous Precedent
2/17/2009
Washington – The Computer & Communications Industry Association
will be among those monitoring the outcome of a privacy violation case
Wednesday (February 18) in Italy. Several Google executives face up to
3 years in prison over a YouTube video. The video, which showed a
disabled student being harassed, was identified and taken down within
24 hours by Google employees, whose actions helped lead to the
prosecution of those responsible for the video. But the executives are
still facing criminal penalties. The following comments on this case
can be attributed to Ed Black, CCIA President and CEO.
“This case
could set a terrible precedent. Criminally prosecuting companies, whose
main purpose is legitimately facilitating the open flow of information,
resembles criminal law on steroids.
"This case is bad law and worse policy. To hold Google employees liable
in this context is no more sensible than holding postal service snail
mail routemen or email service employees liable for what is written in
the messages they carry. Hate speech letters or video sent by any means
is despicable, but criminal sanctions are unfair when applied widely
against peripheral "non" actors. Seeking to hold neutral Internet
platforms liable for content posted by others, is a dangerous threat to
a free, open Internet. It would directly and unjustifiably threaten
thousands of legitimate companies. The U.S. government and all
multinational firms should express their concern and outrage over such
unjustified expansionist use of criminal law.”