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by gizmogwai
4347 days ago
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> I can certainly understand things like nude photos, sex tapes, etc. but we already have legal means of dealing with those examples. Can someone convince me why this law is necessary and in the public interest? No, we don't. Not only is it extremely expensive to go in court to have such a judgement for such affair, but it is also extremely complex as you are dealing with international laws and that most countries will not enforce a judgment made by another one for such "superficial" topics.
And on top of that, you can add the Streisand effect. Moreover, you still have the right to access the information, it will just not be shown by the popular search engines, as is the vast majority of the web. This law is there to protect those that get a bad press on the web for things they already redeem themselves, have reach the prescription delay (e.g.: mistakes you did while you were minor) or that suffer from a side effect of some unrelated topic. If you look at the questionnaire, it is long and complex enough to prevent most of abusive uses as it is the current case with the DCMA takedown idiocy. Plus the process is quite long (currently several weeks, or months) before a request is validated to prevent some scandale to be obfuscated that way. |
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You're right. I think the standard way of dealing of them here is to hire a lawyer to file a copyright on the images or video and DMCA the host, which only works if the person depicted is legally the owner of the material (like sexting selfies.) Otherwise, people file a case against the owner of the image for harassment or hacking (or something in that vein) and get a judge to issue a court order to take it down as part of a possible crime.
It's a pretty awful and expensive state of affairs (at least in the US.) The larger question is what this "right to be forgotten" attempts to answer in a more general sense, which is whether you should be able to force people to take these things down at all. I tend to say no. I don't think sexuality should differentiate your right to distribute content from any other reason, so, sadly, I think the current state of US law is mostly a good one.
I think that if you don't have a right to be forgotten, you also shouldn't have a right for your sex tape to be forgotten.