[governance] FW: [IP] Google's Lawyers Work Behind the Scenes to Carry the Day - NYTimes.com

[Suresh Ramasubramanian]

No. Certainly not. I am not sure you realize how elastic the definition of intermediary, and the scope of what can be regulated, can be, when you make this comment.

--srs (iPad)

On 06-Jan-2013, at 12:25, parminder <parminder at itforchange.net> wrote:

> 
> On Sunday 06 January 2013 12:51 AM, michael gurstein wrote:
>> I've blogged about this at:
>> I’m wondering though whether the issue concerning Google is rather misplaced when included under matters concerning free speech/free expression.  Whether a search algorithm propelling a robotic process of information selection would be covered by free speech “rights” is something for legal scholars to ponder at their leisure.
>>  
>> I’m wondering rather whether the appropriate rights/freedoms venue under which to assess Google’s activities might not more appropriately fall under “freedom of thought” rather than “freedom of speech” i.e. that it concerns the way we know things or our capacity to know certain things (and not have the means to know (or believe) other things).
> 
> I agree that google with more than 90 percent control over the search segment of the Internet represents an epistemological window on the world, and thus very clearly represents a core public interest function.... And this has serious implications if google is left free to manipulate its algorithms as it wishes to. The FTC judgement is a big disappointment. But then maybe this is more of a media regulation thing rather than a trade regulation one, and FTC will obviously look only at trade issue (on which aspect too I find its judgement inadequate).
> 
> Internet defines new realities, and that requires new governance paradigms.... Above is a good instance of how looking at the Internet just through one perspective (trade law) to the exclusion of others can be grossly harmful to public interest. 
> 
> We require neutrality principles for Internet intermediaries, and we need them now. Hope civil society can do something about it. 
> 
> parminder 
> 
>>  
>> http://gurstein.wordpress.com/2013/01/05/is-google-like-gas-or-like-steel-neither-it-is-like-nernsts-third-law-of-thermodynamics-or-the-nicene-creed/
>>  
>> http://wp.me/pJQl5-ab
>>  
>> M
>>  
>>  
>> From: governance-request at lists.igcaucus.org [mailto:governance-request at lists.igcaucus.org] On Behalf Of parminder
>> Sent: Saturday, January 05, 2013 2:00 AM
>> To: governance at lists.igcaucus.org
>> Subject: Re: [governance] FW: [IP] Google's Lawyers Work Behind the Scenes to Carry the Day - NYTimes.com
>>  
>> 
>> A very interesting take on FTC's decisions on google
>> 
>> http://www.nytimes.com/2013/01/05/opinion/is-google-like-gas-or-like-steel.html?_r=0 
>> 
>> The article raises the right question - whether some parts of our digital environment deserve to be treated as public utilities - due to (1) the extent of monopoly and (2) the very important 'public function(s)' being performed. 
>> 
>> I do not agree with the conclusion of the authors that any kind of search neutrality obligations would hurt free expression objectives. To me, the contrary is true.
>> 
>> How much ever I disagree with its conclusions, the article touches the deeper issues pertaining to search for the right paradigms that should inform Internet governance.... Most commentaries around WCIT, and even the almost solo fixation with multistakeholderism, just scratch the surface, often misleadingly. The real issues are somewhere else and, unfortunately, have not received the needed attention of civil society.
>> 
>> parminder 
>> 
>> 
>> On Friday 04 January 2013 08:42 PM, michael gurstein wrote:
>> From: Dave Farber [mailto:dave at farber.net] 
>> Sent: Friday, January 04, 2013 5:35 AM
>> To: ip
>> Subject: [IP] Google’s Lawyers Work Behind the Scenes to Carry the Day - NYTimes.com
>>  
>> http://www.nytimes.com/2013/01/04/technology/googles-lawyers-work-behind-the-scenes-to-carry-the-day.html?hp
>>  
>> note last paragraph
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>> 
>>  
>>  
> 
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