The trial of four Google executives accused of defamation and failure to
exercise control over personal data will begin tomorrow in Italy.
The case at the Criminal Court of Milan has been
postponed
several times since February in order for the judge to consider procedural
issues.
The executives are accused of allowing a clip to be posted on Google Video in
Italy showing a boy with Down's Syndrome being bullied by four classmates.
European Union legislation states that internet service providers (ISPs) are
not responsible for monitoring third-party content on their sites, but must
remove such content if they receive complaints.
Google removed the video within 24 hours of receiving two complaints, but
Italian prosecutors have argued that the search company is an internet content
provider, rather than an ISP, and is therefore in breach of the same Italian law
that regulates newspaper and television publishers.
The case follows a two-year investigation by Italian authorities, and the
executives face a maximum jail sentence of 36 months if convicted.
The Google executives facing charges are global privacy counsel Peter
Fleischer, chief legal officer David Drummond, former chief financial officer
George Reyes and former Google Video European director Arvind Desikan.
It is perhaps ironic that it was Fleischer who drove Google's call for global
privacy standards back in 2007. "As technology develops, more and more
information travels around the world faster and faster each day," Fleischer said
in the
Google
Public Policy Blog at the time.
"Development of this kind increases the productivity of business and consumer
transactions, but can potentially endanger privacy protections."
The trial is believed to be the first criminal sanction ever pursued against
a privacy professional for his company's actions, and a Google spokesman has
described the case as "totally wrong".
"It is akin to prosecuting mail service employees for hate speech letters
sent in the post. What's more, seeking to hold neutral platforms liable for
content posted on them is a direct attack on a free, open internet. We will
continue to vigorously defend our employees in this prosecution," he said.
The spokesman added that Google sympathises with the family at the heart of
the case. "We are pleased that, as a result of our co-operation, the bullies in
the video have been identified and punished," he said.
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