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RIGHT TO BE FORGOTTEN OVERTURNED

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We all want privacy. We have a right to it, don’t we? We want to forget our more embarrassing moments, and we want others to forget them, too.

Unfortunately, the internet’s memory is eternal. Every Facebook post we write, and every tweet we send, can come back to haunt us. Our friends, colleagues, and casual acquaintances have their own digital records of our lapses in judgement; and their audio, video, and text records can wreck our reputations. Follies we forgot about years ago can still thwart our job searches and romantic prospects.

It may be wise for us to manage our lives as if every moment outside of our homes is in the public record. After all, there is a very strong chance that it is.

But if we fail, what then? Are we doomed to relive our worst moments for the rest of our lives?

Some governments have decided to enforce digital privacy by statute. The European Union, among other entities, has embraced a ‘right to be forgotten’ rule. Under its terms, Google and other browsers will have to make certain information ‘unsearchable’ at the subject’s request. One’s embarrassing past will simply disappear from the internet. Nobody will ever find it again.

With the EU’s support, almost every expert expected other governments to adopt similar laws.

It’s not so certain now that this will be the case.

Search engines have challenged the ‘right to be forgotten’ in court. This morning, they scored one of their first major legal victories in the matter. Brazil’s highest court ruled that such laws place too heavy a burden on search engines, forcing them to become censors.

If other courts, in other states, follow suit, the ‘right to be forgotten’ may become unenforceable. The internet is international, and information can’t be confined within national boundaries.

We probably can’t rely on digital censors to protect our reputations. We may just have to assume that everything we do will become public- and act accordingly. And be careful with selfies.

(To get the internet service that works best for you, talk to us. We can help.)