[Manila Principles] [Liability] Concerns with GDPR over risk of censorship and conflict with Manila Principles

[Jeremy Malcolm]

On 11/12/2015 4:18 AM, kyungsinpark wrote:
> We at Open Net are having an internal discussion on the matter that has been prolonged a bit.  One of our directors believes that the Google Spain decision is narrowly based on the fact that Google crawls the Web with various search words beforehand and maintains an index of those search words to the previously retrieved html files, which constitutes a veritable database of the web's contents, and that the decision is not expected to be applied to an intermediary that merely hosts contents without such pre-created index (even if those contents will be subject to search by an internal search engine).  So, he believes that 17a is probably not meant to apply to a content host but only to Google that keeps such index.  What do you make of this?  

It's fair to say that there is certainly ambiguity about this.  In EFF's
post on the topic, we did say parenthetically "the exact scope of the
obligation remains vague".  So given that the text is now (reportedly,
sadly) unalterable, I am certainly in favour of promoting your
colleague's interpretation of the text.

-- 
Jeremy Malcolm
Senior Global Policy Analyst
Electronic Frontier Foundation
https://eff.org
jmalcolm at eff.org

Tel: 415.436.9333 ext 161

:: Defending Your Rights in the Digital World ::

Public key: https://www.eff.org/files/2014/10/09/key_jmalcolm.txt
PGP fingerprint: FF13 C2E9 F9C3 DF54 7C4F EAC1 F675 AAE2 D2AB 2220
OTR fingerprint: 26EE FD85 3740 8228 9460 49A8 536F BCD2 536F A5BD

Learn how to encrypt your email with the Email Self Defense guide:
https://emailselfdefense.fsf.org/en


-------------- next part --------------
A non-text attachment was scrubbed...
Name: signature.asc
Type: application/pgp-signature
Size: 204 bytes
Desc: OpenPGP digital signature
URL: <https://lists.eff.org/pipermail/manilaprinciples/attachments/20151211/c5f3429a/attachment.sig>