Privacy Law and Criminal Law

Whoever still believes that privacy laws are touchy-feely should read about this case.

Four Google executives are on trial in Italy: they are accused of having allowed a video of a teenager being bullied by students in front of others students to be shown on Google Video.

The video, taken using a cell phone, was later posted on Google video. It was taken down less than 24 hours after the family of the victim made the request, two months after the video was put online.

It is probably the first case where a privacy executive is tried in a criminal court for his company’s actions. The charges are defamation and failure to exercice control over personal data. The accused are facing up to three years in jail…

Once again, the question of the responsability of content-hosting sites arises. A Google spokeswoman wrote earlier this year that "Seeking to hold neutral platforms liable for content posted on them is a direct attack on a free, open Internet."

Last week, Jeremy Doig, an American engineer, testified that Google video is controlled from the United States, raising thus the question of court jurisdiction. Which state should have jurisdiction over the case? The U.S. because Google Video servers are in the United States? Italy because, following the « effects test » set by the SCOTUS in Calder v. Jones, 465 U.S. 783 (1984): when a party causes result to occur in another state, may that party be subject to the laws and jurisdiction of that state? The Calder test has been applied by an American court in a defamation case.

Do we need an Internet ius gentium ?