Erasing History in the Internet Era - NYTimes.com - 1 views
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Lorraine Martin, a nurse in Greenwich, was arrested in 2010 with her two grown sons when police raided her home and found a small stash of marijuana, scales and plastic bags. The case against her was tossed out when she agreed to take some drug classes, and the official record was automatically purged. It was, the law seemed to assure her, as if it had never happened.
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Defamation is the publication of information that is both damaging and false. The arrest story was obviously true when it was first published. But Connecticut’s erasure law has already established that truth can be fungible. Martin, her suit says, was “deemed never to have been arrested.” And therefore the news story had metamorphosed into a falsehood.
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They debate the difference between “historical fact” and “legal fact.” They dispute whether something that was true when it happened can become not just private but actually untrue, so untrue you can swear an oath that it never happened and, in the eyes of the law, you’ll be telling the truth.
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Google’s latest transparency report shows a sharp rise in requests from governments and courts to take down potentially damaging material.
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In Europe, where press freedoms are less sacred and the right to privacy is more ensconced, the idea has taken hold that individuals have a “right to be forgotten,” and those who want their online particulars expunged tend to have the government on their side. In Germany or Spain, Lorraine Martin might have a winning case.
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The Connecticut case is just one manifestation of an anxious backlash against the invasive power of the Internet, a world of Big Data and ever more powerful search engines, in which it seems almost everything is permanently recorded and accessible to almost anyone — potential employers, landlords, dates, predators
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The Times’s policy is not to censor history, because it’s history. The paper will update an arrest story if presented with evidence of an acquittal or dismissal, completing the story but not deleting the story.
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Owen Tripp, a co-founder of Reputation.com, which has made a business out of helping clients manage their digital profile, advocated a “right to be forgotten” in a YouTube video. Tripp said everyone is entitled to a bit of space to grow up, to experiment, to make mistakes.
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“This is not just a privacy problem,” said Viktor Mayer-Schönberger, a professor at the Oxford Internet Institute, and author of “Delete: The Virtue of Forgetting in the Digital Age.” “If we are continually reminded about people’s mistakes, we are not able to judge them for who they are in the present. We need some way to put a speed-brake on the omnipresence of the past.”
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would like to see search engine companies — the parties that benefit the most financially from amassing our information — offer the kind of reputation-protecting tools that are now available only to those who can afford paid services like those of Reputation.com. Google, he points out, already takes down five million items a week because of claims that they violate copyrights. Why shouldn’t we expect Google to give users an option — and a simple process — to have news stories about them down-ranked or omitted from future search results? Good question. What’s so sacred about a search algorithm, anyway?