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Research Article Open Access
Many commentators laud European privacy law as a vital protection in the Internet age. They hail the “right to be forgotten” as necessary to individual privacy. Conversely, commentators on the other side champion free expression and highlight the censorship threat implicit within the right to be forgotten. But few have discussed the practicalities. The right to be forgotten, as applied, is not working. As soon as European law strips content from Google searches, for example, that content is added back into the cyber commons through alternative avenues. The controversy, in other words, may be theoretical only, since implementation of the “right to be forgotten” falters against Internet resilience. This paper suggests that European policymakers failed to confirm their privacy law to the Internet’s architecture. They failed to account for the borderless flow of information, leaving the ongoing controversy over free expression and censorship moot.
Resilient, Internet, Google, Socio-political, Privacy law, European policy makers, Corporate Law, Criminal Law,Cyber Law, Law and the Humanities,Social and Cultural Rights, Human Rights Law, Intellectual Property Law, Judicial Activism, Common Law and Equity, Jurisprudence, Constitutional Rights, Conflict of Laws, Justice Studies, Law, International public law,Civil and Political Rights,Legal Rights