Serious threat to the web in Italy
2/24/2010 01:57:00 AM

In late 2006, students at a school in Turin, Italy filmed and then 
uploaded a video to Google Video that showed them bullying an 
autistic schoolmate. The video was totally reprehensible and we took 
it down within hours of being notified by the Italian police. We also 
worked with the local police to help identify the person responsible 
for uploading it and she was subsequently sentenced to 10 months 
community service by a court in Turin, as were several other 
classmates who were also involved. In these rare but unpleasant 
cases, that's where our involvement would normally end.

But in this instance, a public prosecutor in Milan decided to indict 
four Google employees -David Drummond, Arvind Desikan, Peter 
Fleischer and George Reyes (who left the company in 2008). The 
charges brought against them were criminal defamation and a failure 
to comply with the Italian privacy code. To be clear, none of the 
four Googlers charged had anything to do with this video. They did 
not appear in it, film it, upload it or review it. None of them know 
the people involved or were even aware of the video's existence until 
after it was removed.

Nevertheless, a judge in Milan today convicted 3 of the 4 defendants 
- David Drummond, Peter Fleischer and George Reyes - for failure to 
comply with the Italian privacy code. All 4 were found not guilty of 
criminal defamation. In essence this ruling means that employees of 
hosting platforms like Google Video are criminally responsible for 
content that users upload. We will appeal this astonishing decision 
because the Google employees on trial had nothing to do with the 
video in question. Throughout this long process, they have displayed 
admirable grace and fortitude. It is outrageous that they have been 
subjected to a trial at all.

...

http://googleblog.blogspot.com/2010/02/serious-threat-to-web-in-italy.html

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