Way back in May 2014, the European court of justice issued a landmark ruling that European citizens had the right to petition search engines to remove search results that linked to material that had been posted lawfully on third-party websites. This was popularly but misleadingly described as the “right to be forgotten”; it was really a right to have certain published material about the complainant delisted by search engines, of which Google was by far the most dominant. Or, to put it crudely, a right not to be found by Google.
On the morning the ruling was released, I had a phone call from a relatively senior Google employee whom I happened to know. It was clear from his call that the company had been ambushed by the ruling – its expensive legal team had plainly not expected it. But it was also clear that his US bosses were incensed by the effrontery of a mere European institution in issuing such a verdict. And when I mildly indicated that I regarded it as a reasonable judgment, I was treated to an energetic tirade, the gist of which was that the trouble with Europeans is that they’re “hostile to innovation”. At which point the conversation ended and I never heard from him again.
