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Google executives acquitted in Italy from defamation charges

Today the Court of Milan made public the decision in the criminal trial against four Google executives, charged of defamation and illegal personal data handling in relationship to the publication on the video sharing platform ? of a video containing act of bullyism against a person affected by the Down Syndrome.

The legal basis for the charges, following the prosecutor’s theory of the case, was that those executives failed to exercise a pre-emptive control over the contents published by Google final users’, thus allowing the infringement of the reputation of the concerned person and of an NGO representing Down-Syndrome-affected persons.

The Court acquitted all the defendant from the charges of defamation, while found them liable of the illegal personal data handling charge. The whole sentence (including the legal technicalities that support the decision) will be public within the next 30 days.

This indictment is the last component of a long series of court decisions that kill Network Neutrality and turn ISPs and Telcos into Digital Vigilantes while, in the meantime, no actual protection is given to the victims of online crimes.

The Peppermint and The Pirate Bay cases, the legal argument against Youtube and the one between an entertainment-backed lobbying group by one side and Telecom Italia, the ISP’s association and the Data Protection Authority on the opposite and – finally – this indictment are all linked through the same connection: to erode the absence of the legal duty to preemptively contol internet users’ activity established by the UE directive on e-commerce.

What is bizarre, in this Google trial, is that for the very first time the existence of the ISP’s duty to perform a mass-control of user activities has been asserted thank to the data protection regulation. The same data protection regulation that forbade the disclosure of the identities of people allegedly accused by the entertainment industry of copyright infringement through P2P networks.

Is still to early to understand the Court mind (since the basis for the decision will be disclosed within the next 30 days. It is, nevertheless possible to try an educated guess based on the Court records. To put it short, here is a probable explanation for the decision:

1 – there is a rule of law into the Criminal Code that says: to not stop a fact equals to cause it,
2 – data protection law requires a prior authorization to be obtained before handling personal data,
3 – a video to be posted online is personal data,
4 – therefore Google executives had to check whether the user who posted the video got the preemptive authorisation from the people of the video, and
5 – by failing to do so, they infringed the data protection law
6 – furthermore, by not controlling in advance, they let the video to libel the victim of the violence (this charge has been dismissed.)

It is too early to assess the damages provoked by this decision, but it is not unreasonable to imagine that – should this court decision become “case law” – the telco market will suffer an alteration of the competion among the various players. The smallest one can’t handle the increasing risk (and cost) of being sued or investing in momentum-generating policies. Big international players might find Italy a lesser attractive place to do business in.

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A kindLE of Magic (or, why Apple’s Ipad is a bluff)

Despite Apple’s claims, Ipad can’t be an Amazon Kindle competitor. Here is why.

Apple’s Ipad announcement raised the usual hype on general press and even gained the cover of The Economist. Steve Jobs said, during his Yerba Buena talk, that Jeff Bezos, at Amazon, did a great job with Kindle, but Apple is actually going a step ahead whit its Ipad. Well, of course Mr. Jobs needs to say that, but the statement might prove to be incorrect.

A question first: what is the Ipad? Answer: a keyboardless computer (but if you want, you may purchase a separate one.)

Sure, you can read ebooks (with some fancy visual trick), you can write your papers and run your presentations, and do your math with Numbers, and enjoy thounsand of Iphone application, and surf the Internet and do everything a normal computer does. So, back to the point, the Ipad is just a (not-so-powerful) general purpose computer.

And now comes Kindle.

Question: what is Kindle?

Answer: a book reading machine.

Kindle does just one thing (allowing people to read books) and does it damn good. The battery lasts for a long time, the download of the purchased book is fast and free almost everywhere in the world, eyes aren’t tired by reading through the screen, usability is at every opposite-thumbs equipped human being’s range, learning curve is measurable in terms of minutes.

I don’t actually know whether or not the Ipad will be a bluff, what is sure, is that Amazon Kindle works like a kind of magic.

Thank you Mr. Bezos.

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Another commentary on the anti-Berlusconi’s Facebook groups quarrell

After the attack against Berlusconi several Facebook groups supported this insane action, while several others blame it. To this, Berlusconi’s political faction reacted in an hysterical way announcing legislative measures to prevent and block the “flourishing” of “hate speeches”.

As matter of fact, while in first instance the ministry of Home Affair announced some sort of “emergency legislation” to be quickly passed, the final choice has been to follow the standard – and quite longer – procedure. No public statements have been released to actually justify this shift, while a few background elements can help to understand why this happened.

Current Italian legislation consider as criminal offenses actions like: libeling, insulting, advocating or expressing support for a crime, inciting somebody to commit a crime, stalking, moral violence, illegal interference in somebody’s private life.
Public prosecutors have the power – on the snap of a finger – to seize and shut down whatever network resources located in Italy. Furthermore, a (questionable, admittedly) interpretation of “preemptive seizure” coming from the Criminal Court of Milan extended the legal concept of “seizure” up to allowing the release of an order against ISP to block the traffic directed toward a network resource located outside the Italian jurisdiction. The result is that to achieve what Berlusconi’s party aims, no new legislation is actually needed.

Nevertheless, at least to show some coherence, a draft law has been announced that should follow the path of previous right-wing made bills aimed at banning online anonymity.

The hidden – while clear – implication of this political strategy is to overrule the e-commerce Directive principle of non mandatory preemptive duty of control, thus forcing ISP and provider of Internet-based services (like Facebook or Youtube) to become automatically liable for the actions of their users.

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An interview for Christian Science Monitor

Today I’ve been interviewed by Christian Science Monitor’s Italian correspondent about the possible crackdown on free-speech announced by the Ministry of Home Affair, Roberto Maroni (Lega Nord) after the attack against the Italian Prime Minister, Silvio Berlusconi has been heavily supported by some groups on Facebook.

Here is the full article:

Berlusconi aides blame Facebook, internet after attack

Aides to Italian Prime Minister Silvio Berlusconi said Tuesday that social networking sites like Facebook helped inspire the man who attacked the Italian leader earlier this week, and proposed limiting free speach on the internet.

By Anna Momigliano Correspondent / December 15, 2009
Milan, Italy

The attack against Italian Prime Minister Silvio Berlusconi, who is now expected to leave the hospital on Wednesday, may have a surprising result: stricter controls on freedom of speech on Facebook and Twitter in Italy.

Members of the prime minister’s governing coalition are blaming Sunday’s attack, which left Mr. Berlusconi with a broken nose and two fractured teeth, on social networking sites.

Despite the fact that Mr. Berlusconi appears in a forgiving mood — in a message posted on political party’s website Tuesday he wrote “everyone should stay calm and secure. Love always triumphs over envy and hate” — one of his ministers has other ideas.

Italian Interior Minister Roberto Maroni said he is considering tougher limits on freedom of expression and pledged to crack down on social networking sites that “instigate” violence against the prime minister.

Speaking to Parliament on Tuesday, Mr. Maroni blamed the attack on a “campaign of hatred” allegedly waged online against Berlusconi and said he feared an uncensored web might offer a platform for “a dangerous spiral of emulation.”

The internet is one of the few sources of news and information in Italy that aren’t subject to some form of control by Mr. Berlusconi. His family media empire owns one of the two major Italian news magazines, two daily newspapers, and three of the seven major TV channels. Three more of Italy’s major channels are run by his government.

While there are a number of independent newspapers, Berlusconi has sought to limit their room for maneuver, bringing lawsuits against newspapers that have reported on his extramarital affairs and allegations that he used call girls.

It’s not unusual for Italian politicians to blame violent crimes on the Internet, some say. “It has happened before. When something bad happens, the authorities’ first reaction is to tighten the grip on online censorship,” says Andrea Monti, a lawyer who also heads a group promoting freedom of expression on the web.

“That’s the most inefficient of reactions, for limiting freedom of speech harms honest citizens and makes fanatics happy,” says the lawyer. He compared the websites expressing their support to the attack on Berlusconi to those that deny the Holocaust: “No sane person can agree with them, but deniers love to be censured, they want to be turned into martyrs.”

Monti says censorship will make it more difficult for citizens to access the web, which he describes as a “powerful tool of democracy.”
Limits on free speech

Italy already has some of Europe’s strictest limits on free speech. There’s a law on the books, largely ignored, that requires most blogs to register as newspapers with the National Order of Journalists.

Another law, approved after 9/11, requires all internet cafes to examine their customers IDs and sets severe limits on the use of wireless connections.

“Honestly, I can’t immagine how Maroni can further reduce the freedom of expression online, given how bad the situation really is,” argues Monti.

Maroni announced he will have a draft proposal for new by Thursday, when the council of ministers is scheduled to meet. He refused to reveal any details ahead of the meeting. “It’s a delicate topic, concerning the freedom of speech on the web and [more generally] the freedom of expression in public,” he said.
Berlusconi’s recovery

Berlusconi was hit on Sunday evening, after a tense political rally in Milan. Massimo Tartaglia, a 42-year-old man with a psychiatric history, threw a replica of Milan’s main cathedral at Berlusconi’s face.

Berlusconi will be released from hospital on Wednesday, but his doctors have told him to take two weeks off before resuming his political activities.

Mr. Tartaglia reportedly sent a letter of apology to Berlusconi, describing his own actions as “superficial, cowardly, and ill-judged.” He also stated he acted alone and has no political affiliation.

Tartaglia may hope his public apology will save him jail time. Berlusconi pardoned a young man, Roberto Dal Bosco, who threw a metallic object at him in 2004. The prime minister was not harmed in the earlier attack.

Despite Tartaglia’s apology, several anti-Berlusconi groups gathered on Facbook and websites to turn him into a hero. One pro-Tartaglia site on Facebook attracted several thousand members.

By Tuesday afternoon, however, most of these groups were scrubbed from the site.

Original text available here.

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A new breed of bureaucracy?

Since at least twenty years ago – in the beginning of the Internet Era in Italy – ? one of the favorite topics has been how to use the Net to improve the efficiency of the State’s administrative machine. The pre-Internet experiences of big cities like Rome or Milan (and those of smaller while tech-savvy ones) showed a clear path that has never been pursued.

Digital Public Administration, in Italy, is still a dream (or a nightmare, better). Just to name a few examples, on-line healthcare-related services are almost useless. The project for automating the docket filing of civil lawsuits is in a deep coma, while no sign of life comes from the administration of criminal investigations and trials. And give everybody a 2 megabit Internet access (as Mr. Renato Brunetta, Minister of Public Administration advocates) is not a solution; because – putting apart the technological underdevelopment of this country – there is a deeper motivation for Italy to live in a digital (early) pleistocene.

Citizens – often with some merit – distrust computers, as (for less “noble” reasons) civil servants do.

By one side people look at ICT as a devilish matter, existing to make everybody life pity (think of viruses, phishing, angry copyright holders seeking vengeance for the nefarious downloader attack tho their rights, personal identity stolen on the net and so on.)

By another side (a certain number) of civil servants spread all along the pyramid of power don’t like the idea that by “going digital” they are under close scrutiny and ? loose the traditional grasp on the normal citizen, who doesn’t need anymore to plea for a “favour” when interacting with public services.

Between these two contenders lays the “role” of the Public Administration as “Innovation Engine”. The alternative is very neat. It can be chosen to be a “follower”, thus letting the private interests of big corporation to rule the technological and process upgrade strategies. Or the Italian Public Administration can stand as a leader, giving the goals to reach and the path to get there, by imposing open technological standars (such as file formats, operating systems and – in general – everything that meet the idea of “openness”, non only in the Intellectual Property field.)

This is what United States of America did about forty years ago, when they created a computer-to-computer communication system free from royalties and copyright that changed not only those country, but the whole world: the TCP/IP protocol, i.e. the Internet.

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This is the English translation of an article published by Nova IlSole24Ore on Oct. 29, 2009