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

Jeremy Malcolm jmalcolm at eff.org
Fri Dec 11 10:29:12 PST 2015

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
jmalcolm at eff.org

Tel: 415.436.9333 ext 161

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