Google Appeals Moronic Court Order Demanding It Hunt Down Third Party Sites And 'Take' Offending Content 'Back'
from the the-googlenet dept
Search engines own the internet. The rest of us are just renting space. At least, that's what a Texas court seems to believe. Google is in court fighting a gag order telling it to chase down and remove certain mentions of a certain lawyer from the internet. (via WaCon)
[I]n a stunning and all-encompassing gag order signed over a year ago and now being appealed to Houston's 1st Court of Appeals, attorney Calvin C. Jackson, who was accused of forging attorney signatures on court records, demands Google erase all mention of those accusations from the entire Internet including other websites.Jackson, who settled over these allegations (details also under a gag order), now wants it all to just go away. And he's gotten a Texas court to agree with him. Not only does he want the past erased, he's also seeking to bar "Google" from ever mentioning this unpleasantness again. So, we have both prior restraint and an impossibility, all wrapped up in a terrible gag order.
The requests Google is fighting play right to the edges of the "ridiculousness' envelope. Cleaning the internet isn't like expunging a criminal record, but this Texas court apparently feels Google (and other search engines) should be able to just go around deleting stuff, even stuff they doesn't own (which would be pretty much all of it).
The gag order, signed by visiting San Antonio Judge Richard Price in February 2013, forces Google and other search engines to wipe out all record of the allegations from the Internet. It also compels the search engine to find third parties who posted the information to get it back and destroy it."Get it back?" The hell? Does this judge really believe Google can just knock on the door of other sites and demand they hand over the "hard copy?" Once again, we have someone with power mistaking his home page for "The Internet." Google and other search engines index the web. They are not in charge of the web.
Judge Price doesn't seem to have any idea how Google is supposed to prevent future discussions of this case from appearing anywhere on the web. He just seems to feel a big company like this should be able to do anything he imagines it can. If he ever decides to leave the judicial racket, I'm sure the MPAA can set him up with an office, if UK Prime Minister David Cameron doesn't snatch him up first.
Let's not worry about that First Amendment. Let's just let Calvin Jackson control his past and future via court orders. Except that's not working out very well for him. The order may be sealed but the gag order doesn't cover this sort of discussion, or Google's arguments against prior restraint and impossibility. All he's done (with the court's blessing) is ensure more discussion of past allegations. And until this order gets reversed, every site discussing this (like us) will apparently be waiting for Google to knock on the door and ask that we turn over our "originals."