Welcome to the blog of the Internet Ethics program at the Markkula Center for Applied Ethics, Santa Clara University. Program Director Irina Raicu will be joined by various guests in discussing the ethical issues that arise continuously on the Internet; we hope to host a robust conversation about them, and we look forward to your comments.
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It’s now been a year since the European Court of Justice shocked (some) people with a decision that has mistakenly been described as announcing a “right to be forgotten.”
Today, 80 Internet scholars sent an open letter to Google asking the company to release additional aggregate data about the company’s implementation of the court decision.As they explain,
The undersigned have a range of views about the merits of the ruling. Some think it rightfully vindicates individual data protection/privacy interests. Others think it unduly burdens freedom of expression and information retrieval. Many think it depends on the facts.
We all believe that implementation of the ruling should be much more transparent for at least two reasons: (1) the public should be able to find out how digital platforms exercise their tremendous power over readily accessible information; and (2) implementation of the ruling will affect the future of the [“right to be forgotten”] in Europe and elsewhere, and will more generally inform global efforts to accommodate privacy rights with other interests in data flows.
Although Google has released a Transparency Report with some aggregate data and some examples of the delinking decisions reached so far, the signatories find that effort insufficient. “Beyond anecdote,” they write,
we know very little about what kind and quantity of information is being delisted from search results, what sources are being delisted and on what scale, what kinds of requests fail and in what proportion, and what are Google’s guidelines in striking the balance between individual privacy and freedom of expression interests.
For now, they add, the participants in the delisting debate “do battle in a data vacuum, with little understanding of the facts.”
More detailed data is certainly much needed. What remains striking, in the meantime, is how little understanding of the facts many people continue to have about what the decision itself mandates. A year after the decision was issued, an associate editor for Engadget, for example, still writes that, as a result of it, “if Google or Microsoft hides a news story, there may be no way to get it back.”
To “get it back”?! Into the results of a search on a particular person’s name? Because that is the entire scope of the delinking involved here—when the delinking does happen.
In response to a request for comment on the Internet scholars’ open letter, a Google spokesman told The Guardian that “it’s helpful to have feedback like this so we can know what information the public would find useful.” In that spirit of helpful feedback, may I make one more suggestion?
Google’s RTBF Transparency Report (updated on May 14) opens with the line, “In a May 2014 ruling, … the Court of Justice of the European Union found that individuals have the right to ask search engines like Google to remove certain results about them.” Dear Googlers, could you please add a line or two explaining that “removing certain results” does not mean “removing certain stories from the Internet, or even from the Google search engine”?
Given the anniversary of the decision, many reporters are turning to the Transparency Report for information for their articles. This is a great educational opportunity. With a line or two, while it weighs its response to the important request for more detailed reporting on its actions, Google could already improve the chances of a more informed debate.
Last month, after the advisory council released its much-anticipated report, Professor Floridi spoke at Santa Clara University (his lecture was part of our ongoing “IT, Ethics, and Law” lecture series). In his talk, titled “Recording, Recalling, Retrieving, Remembering: Memory in the Information Age,” Floridi embedded his analysis of the European court decision into a broader exploration of the nature of memory itself; the role of memory in the European philosophical tradition; and the relationship among memory, identity, forgiveness, and closure. As Floridi explained, the misnamed “right to be forgotten” is really about closure, which is in turn not about forgetting but about “rightly managing your past memory.”
Over the last two weeks, Julia Powles, who is a law and technology researcher at the University of Cambridge, has published two interesting pieces on privacy, free speech, and the “right to be forgotten”: “Swamplands of the Internet: Speech and Privacy,” and “How Google Determined Our Right to Be Forgotten” (the latter co-authored by Enrique Chaparro). They are both very much worth reading, especially for folks whose work impacts the privacy rights (or preferences, if you prefer) of people around the world.
And earlier in February, Google’s Advisory Council issued its much-anticipated report on the issue, which seeks to clarify the outlines of the debate surrounding it and offers suggestions for the implementation of “delisting.”
[And if you would like to be added to our mailing list for the lecture series—which has recently hosted panel presentations on ethical hacking, the ethics of online price discrimination, and privacy by design and software engineering ethics—please email email@example.com.]
Do we need more editorial control on the Web? In this brief clip, the Chairman, President, and Chief Executive Officer of Seagate Technology, Stephen Luczo, argues that we do. He also cautions that digital media channels sometimes unwittingly lend a gloss of credibility to some stories that don't deserve it (as was recently demonstrated in the coverage of the Boston bombing). Luczo views this as a symptom of a broader breakdown among responsibility, accountability, and consequences in the online world. Is the much-vaunted freedom of the Internet diminishing the amount of substantive feedback that we get for doing something positive--or negative--for society?
Chad Raphael, Chair of the Communication Department and Associate Professor at Santa Clara University, responds to Luczo's comments:
"It's true that the scope and speed of news circulation on the Internet worsens longstanding problems of countering misinformation and holding the sources that generate it accountable. But journalism's traditional gatekeepers were never able to do these jobs alone, as Senator Joseph McCarthy knew all too well. News organizations make their job harder with each new round of layoffs of experienced journalists.
There are new entities emerging online that can help fulfill these traditional journalistic functions, but we need to do more to connect, augment, and enshrine them in online news spaces. Some of these organizations, such as News Trust, crowdsource the problem of misinformation by enlisting many minds to review news stories and alert the public to inaccuracy and manipulation. Their greatest value may be as watchdogs who can sound the alarm on suspicious material. Other web sites, such as FactCheck.org, rely on trained professionals to evaluate political actors' claims. They can pick up tips from multiple watchdogs, some of them more partisan than others, and evaluate those tips as fair-minded judges. We need them to expand their scope beyond checking politicians to include other public actors. The judges could also use some more robust programs for tracking the spread of info-viruses back to their sources, so they can be identified and exposed quickly. We also need better ways to publicize the online judges' verdicts.
If search engines and other news aggregators aim to organize the world's information for us, it seems within their mission to let us know what sources, stories, and news organizations have been more and less accurate over time. Even more importantly, aggregators might start ranking better performing sources higher in their search results, creating a powerful economic incentive to get the story right rather than getting it first.
Does that raise First Amendment concerns? Sure. But we already balance the right to free speech against other important rights, including reputation, privacy, and public safety. And the Internet is likely to remain the Wild West until Google, Yahoo!, Digg, and other news aggregators start separating the good, the bad, and the ugly by organizing information according to its credibility, not just its popularity."
The Internet has surely surpassed the expectations of its pioneers. As a communication medium, it is unparalleled in scope and impact. However, the ease of publication in the Web 2.0 world has created new ethical dilemmas. In this brief video, Adobe Chairman of the Board Charles Geschke points out the gap between what Internet users expect to receive (i.e. factual and accurate information) and what they too often get instead. Is it the user's responsibility to judge which sources to access on the Web, and how much to rely on them? Is it the publishers of information who have a duty to strive to be accurate?
Below, Sally Lehrman (Knight Ridder/San Jose Mercury News Endowed Chair in Journalism and the Public Interest at Santa Clara University, and a Markkula Center for Applied Ethics Scholar) responds to Geschke's comments. Add your own responses in the "Comments" section!
"The Internet has certainly opened up opportunities for anyone to publish whatever they want. In some ways, the proliferation of voices is good. It provides access to ideas and perspectives that traditional news gatherers might miss. It also can put pressure on news organizations to get things right. But, as Mr. Geschke points out, it's hard to tell when the information packaged like news on the Internet is really just marketing or propaganda. That's why brands like the New York Times, Wall Street Journal, and local sites such as Patch.com and your own local newspaper are valuable. Their reporting can be trusted.
Ethical traditions in journalism ensure multiple sources and careful attention to facts. But many people have come to expect their news for free, and feet-on-the-ground reporting and fact-checking are expensive. That makes it very difficult for true news operations to survive. Unfortunately, we're seeing a decline in quality as a result. The public must learn to discern--and value--quality news. One way is to learn more about traditional journalism ethics guidelines, found (on the Internet!) on sites such as www.spj.org/ethics.asp and www.rtdna.org/channel/ethics."