Australian case law follows EU trends

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ericbarbour
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Re: Australian case law follows EU trends

Post by ericbarbour » Thu Jul 05, 2018 8:55 am

Larkin wrote:Nevertheless there is a clear distinction between Trkulja (the Australian decision) and Costeja (the EU right to be forgotten decision). Trkulja, as an EU citizen, would have had the right to sue Google even before the Costeja decision. What Costeja did was guarantee his privacy where there was no public interest involved. Thus suppose Trkulja actually had been guilty of associating with gangsters. Providing he was not a public figure or that there were other issues (public safety perhaps) making it a matter of public interest, then Costeja gives him the right to demand Google links to his gangster history be removed.

Since countries have this amazing tendency to copy the laws made by the most powerful hegemonic nations, it might be only a matter of a few years before all countries have similar Internet laws. Australia copied their laws wholesale from UK statutes long ago, and today they are supposedly copying US laws...

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Re: Australian case law follows EU trends

Post by Larkin » Sun Jul 08, 2018 4:53 am

ericbarbour wrote:
Larkin wrote:Nevertheless there is a clear distinction between Trkulja (the Australian decision) and Costeja (the EU right to be forgotten decision). Trkulja, as an EU citizen, would have had the right to sue Google even before the Costeja decision. What Costeja did was guarantee his privacy where there was no public interest involved. Thus suppose Trkulja actually had been guilty of associating with gangsters. Providing he was not a public figure or that there were other issues (public safety perhaps) making it a matter of public interest, then Costeja gives him the right to demand Google links to his gangster history be removed.

Since countries have this amazing tendency to copy the laws made by the most powerful hegemonic nations, it might be only a matter of a few years before all countries have similar Internet laws. Australia copied their laws wholesale from UK statutes long ago, and today they are supposedly copying US laws...


Yes, that's true. But America and Europe differ sharply over privacy law. Jimmy Wales attacked the ECJ 'right to be forgotten' decision (because he claimed it diluted internet freedom) and for a time at least the Wikipedia page on it reflected that bias. Curiously, David Davis, the UK politician tasked with negotiating the UK's exit from the EU, is a strong supporter of the 'right to be forgotten'. I think it unlikely America will be following suit soon.

Thanks for your comment of Bbb23 in the thread I started. I think all that can be stated with any certainty is that he's American, has some kind of background in law, likes opera, and that he's retired to the Dordogne area of France. I have a source who claims he runs a gay boarding house out there but won't be drawn further. Drmies and he are buddies, not that I'm suggesting anything of course.

Added: As I write, I see David Davis I referred to above has just resigned over Brexit. Believe me Brit politics presently is just as dysfunctional as American. Our very own aspiring Trump admiring bad hair dictator Boris Johnson definitely one to watch.

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Re: Australian case law follows EU trends

Post by Larkin » Mon Jul 09, 2018 5:30 pm

Larkin wrote:
ericbarbour wrote:
Larkin wrote:Nevertheless there is a clear distinction between Trkulja (the Australian decision) and Costeja (the EU right to be forgotten decision). Trkulja, as an EU citizen, would have had the right to sue Google even before the Costeja decision. What Costeja did was guarantee his privacy where there was no public interest involved. Thus suppose Trkulja actually had been guilty of associating with gangsters. Providing he was not a public figure or that there were other issues (public safety perhaps) making it a matter of public interest, then Costeja gives him the right to demand Google links to his gangster history be removed.

Since countries have this amazing tendency to copy the laws made by the most powerful hegemonic nations, it might be only a matter of a few years before all countries have similar Internet laws. Australia copied their laws wholesale from UK statutes long ago, and today they are supposedly copying US laws...


Yes, that's true. But America and Europe differ sharply over privacy law. Jimmy Wales attacked the ECJ 'right to be forgotten' decision (because he claimed it diluted internet freedom) and for a time at least the Wikipedia page on it reflected that bias. Curiously, David Davis, the UK politician tasked with negotiating the UK's exit from the EU, is a strong supporter of the 'right to be forgotten'. I think it unlikely America will be following suit soon.

Thanks for your comment of Bbb23 in the thread I started. I think all that can be stated with any certainty is that he's American, has some kind of background in law, likes opera, and that he's retired to the Dordogne area of France. I have a source who claims he runs a gay boarding house out there but won't be drawn further. Drmies and he are buddies, not that I'm suggesting anything of course.

Added: As I write, I see David Davis I referred to above has just resigned over Brexit. Believe me Brit politics presently is just as dysfunctional as American. Our very own aspiring Trump admiring bad hair dictator Boris Johnson definitely one to watch.


Adding yet more: And now Johnson! Better not mention Gove. REPEAT AFTER ME: DO NOT MENTION GOVE...

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Re: Australian case law follows EU trends

Post by Strelnikov » Tue Jul 10, 2018 12:30 am

[Sebastian Gorka voice as done by James Adomian]: JOHNSON....IS GONE!
Still "Globally Banned" on Wikipedia for the high crime of journalism.

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Re: Australian case law follows EU trends

Post by Larkin » Tue Jul 10, 2018 7:29 pm

Strelnikov wrote:[Sebastian Gorka voice as done by James Adomian]: JOHNSON....IS GONE!


Trump himself supplying the kiss of death, I see.

Gove himself was touchingly supportive of May. I almost warmed to the dear little fellow.

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