Why the Right To Be Forgotten Is Plain Wrong (and What Is the Best Way to Protect Your Reputation)

The Right to be forgotten – not a “right” per se, by the way – is a distorted way to enforce the right to privacy and an actual form of censorship because strips from the Court’s hands the power to decide what should be known and what shouldn’t and, further more, is a way to enforce a bottoms-up censorship that a State can easily turn into a top-down dissent shutting.

The Right to be forgotten is the wrong answer to a (maybe) real question: how do you get rid of your embarrassing past if I’ve changed course of life?

Answer: instead of trying to hide the dust under the carpet by removing the search engines’ indexes, just use it at your advantage: run a blog, a social network page or whatever elicit the interest of the search engines’ robots and tell your story. This way you can counterbalance the (allegedly) negative effect of a news relating to you because a search engine will reveal? your side of the story too.

This, of course, if you are sincere in your life-changing effort because, if you’re not,? you might find yourself exposed again to the consequences of your con stunt.

Is the solution to the Right to be forgotten actually as simple as that?

No, because to do so you should be able to properly handle an argument, collect and provide evidences and effectively deliver your statement. And since Cicero’s adepts aren’t that much, it is better to go for the censorship solution: cheaper, faster and good for the powers-that-be.

How Do Cameron and Obama Are Going to Forbid This?

cipherThis is – the news is as recent as today – what the Italian Polizia di Stato found during a Ndrangheta (organized crime from Calabria) related investigation.

Although the cipher, in this case, is not that hard to handle for an expert codebreaker it shows that “old school” systems still work.

So, following the announced ban of side-to-side encryption application made by US Presidente Obama and UK Prime Minister Cameron (coupled with the statement by Italian Home Affair Ministry) I wonder how they’re going to fight this “new”, dangerous way to exploit the encryption.

Maybe outlawing paper and pencil?

The (Italian) Internet Bill of Rights To Get Momentum

Starting from Oct. 27 and for the next four months ahead, the “Commissione per i diritti e i doveri relativi ad Internet” (Commission for the rights and duties related to the Internet) of the Italian low chamber launched a series of hearing with the major Italian and European players to gather information and suggestion about this “revolutionary” initiative.

I wander who will have the … gut to tell them that:

  • there is no “mr. Internet”, the Internet as such being just a protocol,
  • the Internet doesn’t have rights. People do,
  • the European Convention of Human Rights already contains all the legal guarantee for a free (and law-abiding) use of the communication technologies, thus there is no need for another piece of nasty bureaucratic legislation,
  • the actual problem of the online ecosystem is the (still present) lack of a true commitment of the law enforcement and judicial community to properly understand the technical side of the issue so to create a reasonable case law,
  • the telco and ISP industry is paying a huge financial and technical cost for the illiteracy of lawmakers, public authorities, judges and law enforcers, with no actual benefit for the society,
  • these issues have been raised since 1994 and ahead, but nobody in the powers-that-be realm was available to hear it.

Let’s wait and see…

The Roman Catholic Church Knows Better (about privacy and the Internet)

Monsignor Nunzio Galantino, the secretary of the Conferenza Episcopale Italiana (the permanent assembly of Roman Catholic Bishops) stated that (my translation)

The Internet is useful and effective, but the price we pay in term of privacy is huge

and, talking about the Data Protection Authority, he said

I don’t understand what these useless entities are worth for.

Of course he’s right, but the Italian Data Protection Commissioner (obviously) has a different opinion claiming that (again, my translation)

It is rather odd to call as useless the only entity that – within its powers – has always defended the human dignity from the “mud machine” 1, and from the plots arranged by those who want to turn the Internet into a space of violence and outlaws, form the totalitarian logic of the man-in-a-fishbowl.

Is this the same Data Protection Authority that failed to address the issues of the Telindus Router, the Android Spyware Case, The Pirate Bay Case, the Aruba Case, the Sony BMG rootkit case, that didn’t say a single word (while being informed) about the security concerns in relationship to the upcoming massive, trial-related personal data flood originated by the online shift of the Italian Civil Trial System, and that wasn’t able to prevent the leak of a confidential report?

 

  1. The reference is to a journalism idiomatic meaning the use of the media machine to soil somebody’s reputation

The Italian Internet Bill of Rights. The Trojan Horse Keeps Shaping

According to the Italian online newsmagazine Repubblica.it the Italian Bill of Rights endorsed by Boldrini, the leftist President of the Italian Low Chamber (Camera dei Deputati) is almost ready and will affirm principles such “net-neutrality”, “right to privacy”, “right to universal access” and so on.

If this is what is all this Internet Bill of Rights about, then much ado for practically nothing, since all the alleged “Internet Rights” are already broadly covered by existing laws and regulation but what we do lack is a fair enforcement. Copyright is one of the most blatant examples: the current law protects the author, gives him full control over his works and let him free to use whatever licensing model of choice. He has the right to be acknowledged as the creator of a work and to stop any detrimental use. But what happens in the real life is that these provisions are largely ignored because of the overwhelming power of those who make profit from authors’ work: the publishers. Thus, again, “rules” are the last needed thing in the world.

Of course (and hopefully) this Internet Bill of Rights will never be turned into a real, parliament-passed law. Nevertheless shall become a political platform to ease the shift of the legal liability from the single users who commits a crime or is lazy in protecting his rights to the Telco Industry.

This is not acceptable.