Topic: First Amendment to the United States Constitution

Another Court Affirms Google’s First Amendment Control Of Search Results

Europe and the U.S. continue to drift further apart on Google. Even as European parliamentarians and regulators seek ways to restrain Google’s discretion over search results, U.S. courts continue to affirm Google’s right to do whatever it wants with search results — paid and organic. A California state court in San Francisco recently granted Google’s […]

World War II, Communism Subtext In Right To Be Forgotten

From an American legal perspective, the recently established European Right to Be Forgotten (RTBF) is a disaster. It’s a confusing, vague, impractical and possibly even dangerous decision. But from a European historical perspective, it makes considerable sense. The different histories of the U.S. and Europe in the 20th Century have shaped different attitudes and rules […]

US Court Says Baidu Has Free Speech Right To Censor Search

Late last week, Chinese search engine Baidu succeeded in gaining dismissal of a lawsuit by pro-democracy activists based in New York (Zhang et al. v. Baidu.com, Inc). Plaintiffs had sued in the US and argued that Baidu improperly blocked them from seeing content on the search engine. Specifically, according to Reuters, the plaintiffs said that people in the US couldn’t […]

Wow! See How Much Screen Real Estate Google Is Giving Rivals In Its EU Antitrust Settlement

Google’s finally reached a proposed agreement with the European Union over antitrust charges. Judging from screenshots the EU has released, it will give Google rivals unprecedented positioning in Google’s results, sometimes for free, sometimes for a fee. Consider how the EU is saying that shopping results will appear, as part of the agreement. The before: […]

VA Court Delivers Blow To Yelp, Free Speech Of Users

A Virginia state court of appeal has ruled that Yelp must disclose the real identities of seven individuals who posted anonymous, critical reviews of an Alexandria, Virginia carpet cleaning business, Hadeed Carpet. Yelp and free speech advocacy groups have decried the decision. Hadeed said that he didn’t believe that any of the reviews came from actual […]

Sponsored Study Argues Google’s “Rival Links” Don’t Drive Enough CTRs To Rivals

Google’s original antitrust settlement proposal, negotiated with the European Commission, was attacked by Google competitors and critics as being a token concession to competition. Anti-Google lobbying group FairSearch.org sponsored a consumer study that argued Google’s presentation of three “rival links” to competitors in search results did little to drive traffic to competitors’ websites. In September Google presented a […]

EU Goes Public With Google Antitrust Proposals, “Market Test” FAQs

The EU released documents this morning that detail Google’s antitrust settlement proposals and explain the Competition Commission’s position on various aspects of the investigation. First here’s what the EU says Google has proposed: Google offers for a period of 5 years to: (i) – label promoted links to its own specialised search services so that […]

Google Avoids Link Tax But Vague “Ancillary Copyright” Law Sets Up Future Legal Battle

In August of last year, a number of German lawmakers were pressing proposed “ancillary copyright” legislation that would have required Google and others that indexed or aggregated news to pay for links or excerpts from those news items. The proposed law was championed by German magazine and newspaper publishers who, like their counterparts in the US, are seeing […]

Five Steps To Successfully Navigate Negative Online Reviews

Last month, D.C. contractor Dietz Development made news when it filed a $750,000 Internet defamation lawsuit against its former customer, Jane Perez, for negative reviews she posted on Yelp and Angie’s List regarding renovation work at her home. The company claimed the reviews, which alleged that Dietz did not complete its work and stole jewelry […]

After A Month, Silence From The FTC On Search Engine Disclosure

A month ago, I sent a letter to the US Federal Trade Commission asking it to review how search engines are complying with its guidelines on disclosing listings where payment is involved. The silence since then, as the saying goes, has been deafening. That’s a pity given how important that review is to the on-going antitrust […]

Second Google-Sponsored Legal Report Argues Government Would Lose Antitrust Case

Google is playing a sophisticated form of “head games” with antitrust regulators. A second legal report-cum-brief (embedded below) has appeared. It argues that antitrust challenges against Google are likely to fail because Google’s critics’ arguments lack legal merit and/or make little sense from a policy perspective. The report was written by lawyers from the Ammori […]

SearchCap: The Day In Search, May 9, 2012

Below is what happened in search today, as reported on Search Engine Land and from other places across the web. From Search Engine Land: 10 Great Adwords Options For Boosting Conversions We all know that Adwords is the most used system in the world to drive paid traffic to websites. The Adwords system is an […]

The Stop Online Piracy Act (SOPA) Stalls In Congress

The U.S. House Judiciary Committee abruptly adjourned today without voting on the Stop Online Piracy Act (SOPA), a controversial measure that would impose radical new requirements on search engines, ISPs, ad networks and other key internet players. The hearings will resume “earliest practical day that Congress is in session” according to the chief sponsor of […]

Should Rick Santorum’s “Google Problem” Be Fixed?

Is Google (and Bing, by the way) not being “responsible” by failing to remove an anti-Rick Santorum web site? The Republican presidential candidate believes so, speaking out this week against an unfavorable listing for his name. But “fixing” Santorum’s “Google problem” isn’t as easy as it sounds. Defining Santorum For those who aren’t familiar with […]