Google Execs Convicted of Privacy Violations in Italy Over Video Upload

Earlier this week three Google executives were convicted in an Italian court for violating the privacy of a child with Down Syndrome when a video was uploaded in 2006 to Google Video showing him abused and beaten by other teenagers.  The executives got 6 months with the sentences suspended.  This result happened despite the fact that none of the executives had anything to do with the video in question.  In a related prosecution the teens who uploaded the video got community service and no jail time.  The Italian police investigated the case for two months before notifying Google of the video, who then took it down within two hours of the notification.  That wasn't good enough for the Italian courts.  Liability was tied to a responsibility on Google's part to pre-screen videos for content.  Given the amount of video loaded to Google and other sites, it gets pretty iffy to make that analysis without hiring a lot more people to view and approve uploads. 

The United States has safe harbor laws that prevent this type of prosecution.  The implication is clear for Google and other web sites that host user generated content.  The conditions to operate in what amounts to a world-wide business model won't exist in Italy.  Pre-screening mass uploads of any type in impractical.  Some commentators suggest Google should stop allowing uploads from Italian citizens to servers hosted in that country, though allowing the same accounts and uploads to servers in other countries.  I'm not sure such a technical approach would solve the problem of what to do about this decision.  As of now, the strategy is to appeal the decision, whether through the Italian system or through the European Union.  Google is expressing confidence that the verdict will be overturned.

One other implication that comes out of this case goes well beyond privacy laws.  If Google, or anyone else, can pre-screen for offensive or illegal  content (as defined by this decision), they can screen for other things, such as copyright violations.  Vivendi has its suit pending against Google for exactly this in federal court in New York.  That is probably scarier for Google than this one conviction.  Expect a lot of popular Internet sites to leave Italy if this decision stands. 

While we're on the subject, here is a YouTube video showing Italian Prime Minister Silvio Berlusconi being attacked and injured by a protester in Milan on December 12, 2009.  I wonder if Mr. Burlesconi will sue?  [MG]