The right to be forgotten issue gives Trump a chance to use America First for a good cause: Freedom of speech – American Enterprise Institute

Another round has begun in the battle between Google (and other internet companies) and the European Union over the misbegotten right to be forgotten. Frances supreme administrative court has just bucked the issueup to Europes top court, the European Court of Justice (ECJ). A decision, which will have far-reaching consequences for freedom of speech and the flow of accurate information on the internet, could take up to two years. But well before that, the Trump administration should intervene to make clear that the US will defend Americas leading internet companies and freedom of speech on the internet.

To review briefly, this all began in 2014 when the ECJruled that EU citizens had the right to demand that Google and other service providers expunge information that allegedly was out of date, inflammatory, or no longer relevant (although accurate). ThisforcedGoogle, which accounts for 90 percent of the EU internet search market, to bear the burden in cost and resources of removing links to search results from not only the country from which the request had come but also searches conducted in other EU domains. At this time in 2017, the company hasremovedsome 43 percent of individual privacy takedown requests, equivalent to 800,000 links to digital content.

A pedestrian walks past the Google offices in Cambridge, Massachusetts, U.S., June 27, 2017. REUTERS/Brian Snyder

In September 2015, the French national data protection agency went a step further anddemandedthat offending links be removed fromallsearch results worldwide. Google balked at this extraterritorial demand and subsequently received a $115,000 fine in March 2016. Google then appealed the ruling to Frances supreme administrative court, the Council of State, which last week pushed the whole set of questions back up to the ECJ.

Although it complied with the ECJs original mandate, Google has been steadfast in challenging the rationale behind the right to be forgotten doctrine and now the more outrageous worldwide extraterritorial expansion. Itargued from the outsetthat we believe that no one country should have the authority to control what content someone in a second country can access. . . . If the [French courts] proposed approach were to be embraced as the standard for internet regulation, we would find ourselves in a race to the bottom. In the end, the internet would only be as free as the worlds least-free place.

It is impossible to predict what the ECJ will decide but one ominous precedent illustrates Europes arrogant extraterritorial ambitions. Some years ago, the EU, backed by a tortuous, even ludicrous opinion by the ECJ, attempted to extend its internal carbon tax for airplanes beyond its borders. Thus, Asian airlines including a growing number of Chinese flights would pay the tax for not only miles chalked up over the EU but also the entire flight back and forth from Beijing, Seoul, or Tokyo. The ECJ claimed preposterously that the rules were merely an extension of EU internal regulations. Others, including the US, protested, but China went further and acted. It threatened quietly to shift future airline orders heavily away from Airbus and toward archrival Boeing. The incidentculminated in a humiliating retreatfor Europes top political officials and no further attempt to tax airline emissions beyond EU borders.

It is not to argue here that the US should emulate Beijing with overt direct trade or investment threats. However, two alternate courses of action should be adopted. First, as I argued to no avail during the Obama administration, the Trump administration should intervene actively in the court appeal certainly through a public expression of support for Google and possibly with a friend of the court brief. Down the road, the EU has expressed a strong desire torevive negotiationsfor a Trans-Atlantic Trade and Investment Partnership (TTIP) to link two of the worlds strongest economies and trading powers. The Trump administration should respond affirmatively to such overtures, with the stipulation that the EUs continued demand for extraterritorial internet information removal is a deal breaker.

The bottom line is that the issues involved here clearly transcend Googles business model and competitive position in the EU. As I havewritten previously, At stake is the future of free data flows and the accessibility of accurate, public information through the entire internet.

So how about it, Mr. President? Time to finally use America First! for a good cause: free speech on the internet. It has a good ring to it.

Read more:
The right to be forgotten issue gives Trump a chance to use America First for a good cause: Freedom of speech - American Enterprise Institute