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Cross-border Internet policy

France Demands Right to Censor the Global Internet

In 2014, Europe’s highest court ruled that Europeans have the ability to request that search engines remove links from queries associated with their names if those results are irrelevant, incorrect, or outdated. As a result of this ruling, Google agreed to delist search results from country code level domains—such as Google.fr for France—to remove offending results for European users, without affecting the rest of its users worldwide. Earlier this month, Google expanded its practice so that it now will delist offending results from all Google search domains, including Google.com, for all European users, based on geo-location signals, such as IP addresses. So a user in France would not see delisted URLs even if they visit Google.com instead of Google.fr. France is now saying that this is insufficient and Google must take down offending material for all users visiting any of its domains worldwide.

Last week, the French privacy authority, the Commission Nationale de l’informatique et des Libertés (CNIL), fined Google €100,000 ($112,000) for failing to remove links associated with French right-to-be-forgotten requests from its global search index. France is trying to force its domestic policies on the rest of

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EU Guidelines for “Right to Be Forgotten” Harm Transparency and Represent a Vast Overreach on Internet Policy

On November 26, the Article 29 Working Party released guidance for the “Right to be Forgotten”—a policy that allows users to request that search engines remove links from search queries associated with their names, even if the information being removed is accurate. These guidelines will force European privacy laws on other nations and erode free speech rights globally. These new rules will also make it difficult for third-parties to determine when links have been removed, diminishing the ability for websites to appeal removed links.

The working group has stated that Google and other search engines should remove links not only for European-specific domains (e.g. google.fr), but for all global domains (e.g. google.com). In effect, Europe is saying that its rules for the Internet should apply everywhere and trump that of any other nation.

As ITIF has argued previously, Europe should not seek to impose its policies on other autonomous nations, including by extending the Right to be Forgotten beyond the country code top level domains of European nations. Instead, European nations should create domestic Internet policies that do not affect the ability of other nations to set their own policies.

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