Last week a Spanish lawyer won his case at the European Court against Google, while demanding removal of links that referred to old newspaper articles about his arrears of payment and property execution in the 1990s. He demanded to be “forgotten” since after all these years the articles still affect his reputation. Indeed, we know that it is easy to post information on the internet, but almost impossible to remove it: as an adult you may easily regret this embarrassing photo of your open drunkenness that you’ve posted as a youngster, especially when you’re up to an application interview and don’t want to be associated with your wild oats. Two years ago the European Commission announced this “right to be forgotten” as a new fundamental human right. Now the European Court has confirmed the validity of this right, forcing Google to remove links from their search results when individuals feel the data are outdated, irrelevant and harmful for their reputation.
Why is it a blunder?
In its verdict the European Court has clearly favoured privacy protection at the expense of free speech, requiring Google (as well as Yahoo, Bing and other search engines) to adjust the search results, which comes close to censorship. Google in turn rightly claims that a search engine should just show what information is available, without any bias of religious, ideological, political or personal nature. If people feel harmed by a newspaper article, they should blame the journalist or the publisher, not the search engine. Likewise, we don’t blame the postman for delivering the tax assessments. “Purifying” the search results is nothing less than a falsification of history. Imagine a sociologist or historian who wants to perform some social study, while many supposed unflattering sources wouldn’t show up anymore in the search engine. It should also be noted that this verdict is nothing like previous ones that fined Google for the ways it treated personal data. On the contrary: Europe is now blaming Google for referring to public data, e.g. from newspapers and websites! These are not even Google’s data. The data are legal data as such. Google may find the data, but isn’t allowed to tell where they are. Suppose that you would enter a library where you ask for some books about topic X, and the librarian would say “Yes we have various books about X, I know exactly where they are, but I will not tell you”.
Who to blame?
Probably we shouldn´t blame the judges of the European Court. The “right to be forgotten” is an invention of the European Commission. We should take into account the tremendous frustration of Europe with respect to the internet: first, all major internet companies are US-based, which means that loads of personal data are flooding across the ocean, informing the Americans, while the reverse doesn´t occur; second, we know that the American government and its security agencies greatly exploit these data and do not even refrain from spying on today’s European leaders. Now it seems that Europe, covered by the fashionable principle of privacy protection, revenges itself for its inferior performance on the internet. It bashes Google and the other search engines and forces these into the undemocratic role of European censor.
How may Google respond?
Of course they will have a team of lawyers identifying escape routes. They definitely want to bypass the verdict, because how could they ever handle the flood of requests that they will receive from individuals requiring removal of references to unflattering or outdated content? Although Google has the legal right to reject requests for removal in case the references involve journalistic or artistic value, the cheapest and easiest solution for them would be just to accept and grant all requests. In addition, I would suggest to Google to ostentatiously include the empty spaces in the search results while frequently explaining that “the European Court doesn’t allow Google to display this interesting internet reference that you may have been looking for”. Alternatively, Google may setup a cross-atlantic buddy service that would link European individuals with American individuals for bypassing European restrictions: in contrast with European law, US law forbids to block any legally-obtained content. As a European I might thus ask my US buddy to do the Google search and forward the links to me. Google may also come up with some technical solutions, either using distributed peer-to-peer solutions or pretending security flaws that would allow the internet community to compensate for the information gaps that Google is forced to create.
The Internet as a cognitive prosthesis
Some people claim that the Internet makes us dumber. The flood of short snippets of information on the Internet, over the phone, but also on radio and television, they say, reduces concentration, depth and reflection. We jump from tweet to tweet and interpret the world in only 140 characters. Calculators, translation computers, GPS navigators and Google assist us, but who is still capable of making a long division, who is able to move from A to B without navigator? Sceptics and romantics tirelessly vilify the modernity that is affecting our brains. But are they right? In many cases, our performance goes up: the computer has helped us to bring people to the moon, to make a ten-days weather forecast or to guide us effortlessly from A to B. Nevertheless, they put forward, without GPS, we are still helpless!
This is where a wrong inference is made: it is a misconception that the cognitive powers of man can be determined in isolation. It is impossible to determine someone’s writing skills without providing pencil and paper. Likewise, it is impossible to assess NASA’s capability of bringing people to the moon, while not allowing them to use their computers. Our performance is highly determined by the tools that we’ve developed and learnt to use.
From an evolutionary viewpoint we are made to exploit everything that we encounter in our environment. We turned branches and stones into assistive tools by which we bypassed our biological limitations and defeated our natural enemies. It explains the success of our species. We were good hunters indeed, but mainly by the sharp spears that we developed. Unarmed we were losing. Our capabilities are defined by our environment and by the tools that we’ve created.
Today’s environment, featuring the Internet, smartphones and tablets, is increasingly furnished with digital media. These media are not insomuch mechanical aids supporting our physical performances, but instead act as cognitive tools that strengthen our minds, strengthen our memory and increase our processing power. Digital media act on what is the defining feature of man and what distinguishes us from animals: our cognition. They allow us to become smarter! That is why media aren’t just replaceable instruments or commodities like spears and knives, but instead are extensions of ourselves.
It is said that we may get to know people from the books they read. Likewise, we are more and more defined by the media that we use. Our intelligence, personality and identity will be largely determined by our capabilities of dealing with the new digital realm. Media are the cognitive prostheses that are an inseparable part of our “self”.
More information about the impact of media on our cognition in The Digital Turn.