Richmond Journal of Law and Technology

by Spencer Mead, Associate Staff

Should Search Engines be Responsible for Personal Information on the Internet?

            Advances in technology and the Internet have revolutionized how human beings interact. 20 years ago, embarrassing moments were rarely caught on camera. However, those recorded gems started one of the most popular television shows in recent history, America’s Funniest Home Videos. People knew that their embarrassing moments had a possibility of making it on TV to be viewed by hundreds of thousands of Americans. Thankfully, video recorders were fairly large and recognizable so people generally knew when they were being recorded.

Fast forward to today. The widespread availability of the Internet, vast improvements in video recording capabilities, the advent of YouTube, and the explosion of smart phone usage allows videos to be recorded at any time, without someone being aware they are being recorded, and accessible to the entire world in a matter of minutes. Now, an embarrassing moment can be seen by millions in a few weeks’ time. There are even TV shows that get all of their material strictly from YouTube. Information spreads so quickly across the internet that it can be almost impossible to fully remove something from the public realm. But what if you want one of your embarrassing or personal moments, that should not have been placed in the public realm to begin with, wiped from the Internet for good? Is it even possible to do?

Internet Search Engines, such as Google, are extremely complex and modifying the search algorithm is not easily done. Therefore, making it difficult to permanently remove items from the search engine’s databases. However, most Internet search engines have mechanisms in place to remove unwanted items from their search results.[1] But this does not mean the information is actually removed from the search engine. People can still find this information. Sometimes just changing the search terms is all it takes to find the information through a different search on the same search engine.

One man thinks the solution is permanently altering the search engines to remove the information from their databases.[2] However, this raises several public policy concerns. This would be a very expensive process, and it might not be economically feasible for search engines to accomplish this without the services offered to the public suffering. Also, it raises concerns about free speech under the First Amendment. Where should the line be drawn between the public having full access to as much information as possible and protecting an individual’s private rights? A French Court will decide where this balance lies on October 12.[3]

This ruling might not be on U.S. soil, but it raises many concerns that could have worldwide implications. If Syria does not like all the negative press it is receiving, should it be able to force Google to remove the articles from its database? Should only individuals have the ability to make such a request? Should the First Amendment right to freedom of speech trump all requests for personal information to be removed? The answer is not known, but we as Americans need to be aware of these concerns to make sure the right balance is struck.

by Walton Milam, Associate Staff

The National Security Agency’s surveillance of domestic electronic communication has garnered much attention in recent months.  The NSA apparently has access to immense databases that the government claims will protect Americans from international and domestic terrorist threats.  While the extent of the NSA’s surveillance remains a mystery, the government clearly has the capability to collect data regarding personal communications.  Many opposed to the surveillance fear a slippery slope through which the NSA will eventually monitor individual electronic activity without end.  Some including the ACLU suggest monitoring phone calls, text messages, and email violates first amendment rights.  Supporters of the surveillance claim the data collection will be directed only at identifying and monitoring potential threats to United States.  These supporters include President Obama who claims the surveillance is “circumscribed, narrow system, directed at us being able to protect our people, and all of it is done under the oversight of the courts.”[1]

Regardless of the merits of those arguing for or against surveillance, it is likely that NSA surveillance is here to stay as public opinion and as a result politicians will favor homeland security above all else.  Homeland security, for better or worse, has emerged as a dogma in American politics that few politicians seeking reelection dare speak against.  In the wake of the Boston Bombing, where surveillance technology proved particularly helpful in catching the culprits, American sentiment is likely particularly favorable to increased surveillance.  Any politician who opposed NSA surveillance will almost assuredly be met with fear-mongering from opponents who will claim opposition to surveillance equals opposition to homeland security, a cardinal political sin.  At this point, all American voters will have lived through 9/11, the Boston Bombings, the Virginia Tech massacre, and the Sandy Hook school shooting. The vast majority is old enough to remember the Oklahoma City Bombing in 1995.  Thus, National Security remains at the forefront in voters’ minds. 

To wage successful campaigns, politicians must meet the demands of their constituents.  With national security such a prominent issue that politicians can ill-afford to oppose, it is unlikely that any substantial group of politicians will gain enough clout to create legislation ending the NSA’s surveillance.  Opponents of NSA surveillance thus likely stand the best chance of ending or limiting the surveillance in the courtroom.  A number of cases have already been filed.[2]  Major telecommunications companies have a dog in the hunt as their consumers may be upset with having data about their communications parlayed to the government.  These companies will likely be primary sponsors of lawsuits against the government seeking an injunction against the NSA’s continued surveillance.

While those opposing NSA surveillance have shout loudly and frequently make headlines on NPR, Fox, CNN, and NBC, it is likely these shouts will not be heard in the Capitol where politicians face major incentives to act like they care more about national security than individual rights that may or may not be infringed by NSA surveillance.