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Google to Give Data To Brazilian Court 182

Edu writes to mention a Washington Post article about Google's olive branch to the Brazilian courts. Despite previously refusing to reveal search information to the U.S. government, the company has announced they'll be releasing information on hate groups to the Brazilian courts. The move is intended to allow the Brazilian government to identify users associated with homophobic and racist groups. From the article: "Orkut pulls objectionable words and pictures from user sites, but Google stores content it feels could be useful in a lawsuit. Orkut is especially popular in Brazil, which accounts for 75 percent of its 17 million users. Legal and privacy experts said that Google had no choice but to comply with the court order. 'From the law enforcement perspective, if the records are in the possession of the business, the business can be compelled to produce them,' said Marc Rotenberg, executive director of the Washington-based Electronic Privacy Information Center."
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Google to Give Data To Brazilian Court

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  • by daniil ( 775990 ) <evilbj8rn@hotmail.com> on Tuesday September 05, 2006 @09:25AM (#16043953) Journal
    ...note that this is about Orkut, not search results.
  • by Secrity ( 742221 ) on Tuesday September 05, 2006 @09:29AM (#16043984)
    Google's habit of logging EVERYTHING is starting to get a bit scary. EVERYTHING that a person has EVER done with ANY of Google's services has been warehoused and is subject to subpoena.
  • Re:Got news for ya (Score:3, Insightful)

    by shystershep ( 643874 ) * <bdshepherd AT gmail DOT com> on Tuesday September 05, 2006 @09:47AM (#16044103) Homepage Journal
    I'm afraid Google is not as invincible (and therefore somehow to blame for this) as everyone here seems to want to believe. The fact is, a judgment in a court in Brazil can be registered with a court in the US and enforced just like it was handed down by a US court (based on various international treaties and subject to all kinds of exceptions, of course). Even if that weren't the case, they could simply sue Google in a US court directly.

    So, no, Google cannot just ignore the laws of countries in which it does business if it doesn't like what they say.

  • by newhoggy ( 672061 ) on Tuesday September 05, 2006 @09:47AM (#16044109)
    Google was right to comply with the court order to hand over information it had collected provided it was very specific and constitutional. We shouldn't expect corporations to be in the business breaking the law.

    However, Google was in the wrong for collecting identifying information in the first place. That is where my gripe is. They should be using technical measures to filter out identifying information before it reaches their database. That might include hashing IP addresses for instance so that equality comparisons can be made - but the original IP address rendered unobtainable.

  • by knightmad ( 931578 ) on Tuesday September 05, 2006 @09:52AM (#16044149)
    "That way the people of Brazil would clearly know what the government is doing"

    People of Brazil (including me) know exactly what the government is doing. It is going after people that are going beyond the "free speech" concept and getting into the "conspiracy to commit crime" realm. And it is not only about hate speech (that, in a certain extent, along with racism, is a crime in Brazil) but also members of criminal organizations ("traficantes") gloating about real world crimes like drug trafficking, weapon smuggling, etc.

    This is not the government subpoena'ing for data of all users or random users, but users that broke the law in one way or another. There is probable cause, judicial oversight and a clear description of what is being searched.

    (btw, as it is evident by some previous silly mistakes, english is not my first language)
  • by shystershep ( 643874 ) * <bdshepherd AT gmail DOT com> on Tuesday September 05, 2006 @09:53AM (#16044158) Homepage Journal

    Jurisdiction isn't based on the quality of the legal system.

    Unfortunately, though, you are right about the legal system in under-developed countries having a negative impact on investment: a company would rather operate somewhere there is danger of physical violence but can count on the legal system to be fair and consistent (enforce contracts, protect property rights, etc. - think Iraq at the moment) than to operate in a country that might be peaceful but where the legal system is arbitrary and can change at the whim of the ruler (such as most African nations).

  • by clickclickdrone ( 964164 ) on Tuesday September 05, 2006 @10:05AM (#16044231)
    Pretty much any company plugged into anything logs everything. How else do people magically produce emails 4 years old in court cases? The ISPs record everything, who you shop with records everything, search engines record everything. It's kept for x months/years as needed.
  • by junglee_iitk ( 651040 ) on Tuesday September 05, 2006 @10:07AM (#16044245)
    My 2 cents:

    Europe doesn't says that throwing around human sexuality is ok, but saying offensive things is not. It says that even considering something like colour or number of people in a community for anything other than statistics is retarded; and that people should rather have fun. I don't think that is bad.
  • We all need heroes (Score:5, Insightful)

    by grasshoppa ( 657393 ) on Tuesday September 05, 2006 @10:08AM (#16044254) Homepage
    But google is not it. Seriously, why would anybody put any corporation up on a pedestal?

    Google will do what's best for google. End of story. If that means digging in their heels because a legal request is over reaching and would comprimise some aspect of their operations, so be it. If, in another case, it means they hand over the data, that's fair too.

    You want a hero? Go hug a firefighter, or a police officer. Or a doctor, or a vet. Not a corporation.
  • by bogado ( 25959 ) <bogado&bogado,net> on Tuesday September 05, 2006 @10:13AM (#16044284) Homepage Journal
    "racism" and "prejudice" are against the law in Brazil, google has a branch here and the government is fining this branch for no-cooperation with the law. As far as I know, yes those are related to certain people that have been promoting those hate-crimes and pedophilia in the site.

    I like the fact that google resisted until the end, and I don't like the fact that the government forced him to release this data. This is a bad thing, first because I believe that if someone would like to catch those people, Orkut and sites alike is a good place to infiltrate and investigate. With those actions they are only warning the bad-people to hide and do their navigation more anonymously. So in the end they will probably catch a few people, but it will not solve anything, because the next generation will be more careful.
  • Re:No Evil. (Score:1, Insightful)

    by Anonymous Coward on Tuesday September 05, 2006 @10:21AM (#16044341)
    You better give it another look.. a closer look this time. This has NOTHING to do with search data. This is about people using social networking services like orkut to perform drug dealing, hate-spreading speechs, homophobic content and -- if none of those ring a bell to you -- pedophile content, being performed by some Brazillians (I'm a brazillian too).

    I don't think Google should handover search terms being used: no one can be punished by whatever they want to learn about; but handing over the Orkut data of these guys can lead to putting away a lot of criminals.

    For those talking about how google should just ignore brazillian law and shut down the service, I'd love to see Orkut without 75% of their user-base. I don't use Orkut for that matter (too boring to me)... but I think it would be a huge impact.

    Regards,
    Alexandre Moreira.

    PS: Those bastard criminals using social networking to promote/commit crimes should be put away for good!
  • by cursorx ( 954743 ) on Tuesday September 05, 2006 @10:23AM (#16044359)
    - The brazilian law does not allow promotion of rage. This case is not only about hate speech laws. There's a lot of other stuff going on, and what bothers authorities, primarily, are drug and child porn related crimes.
  • by bogado ( 25959 ) <bogado&bogado,net> on Tuesday September 05, 2006 @10:30AM (#16044392) Homepage Journal
    And what, may I ask, constitutes a inferior legal system. Sure there are lots of things that I consider inferior in the US legal system, and I am sure that some of those points are what you would consider superior. People think diferent, even if you consider a single country people will disagree on what is fair and what is not.

    People in diferent coutries have different morals, some people believe that the laws should reflect their religions, other takes pride in making their government non-religious. The core of this question is that your morals are different from mine, they may even be similar in some aspects but they are different so you can't judge how good is a legal system for me based on your morals.
  • by MobileTatsu-NJG ( 946591 ) on Tuesday September 05, 2006 @10:48AM (#16044525)
    "Google's habit of logging EVERYTHING is starting to get a bit scary. EVERYTHING that a person has EVER done with ANY of Google's services has been warehoused and is subject to subpoena."

    You know what cracks me up? A number of times over the last year, I've heard people brag about how much they love Google because they 'do no evil'. They've even gone as far as to state that they plan on trusting Google until they give them reason to do otherwise. (These comments were always modded up, to boot.) I imagine lots of these people use a GMail account... which they log in with using their browser. So, while they're logged in to GMail, they use Google to browse. The potential here is that they can trace back your searches and tie them to your login. Who needs to log IP addresses when they can identify you that way?

    So why does this crack me up? By the time Google does do something 'evil', they've already handed a lot of personal goodies over to Google. Oops...

    I do hope I'm wrong, though. I'd like it pointed out if I am. (you see, I like Google as well, and I use Gmail...) I'd feel a lot more comfortable if GMail had stuck to its own domain instead of using mail.google.com.
  • by voice_of_all_reason ( 926702 ) on Tuesday September 05, 2006 @10:50AM (#16044554)
    Lumping your former examples with your latter is a bit unfair. They're not even in the same league. Of course, they do the same thing in America, too.

    Racism shouldn't be a crime in and of itself -- freedom of speech is something every country should agree on. The same pithy claim google makes that "we have to abide by their laws!!!oneone" doesn't refuse the fact that they are legitimizing an unjust law.

    Do i expect all the employees of Orkut to destroy the data and go to prison for it? No. But it still doesn't make handing over the data justified. What's that cliche about "I vas just following orders..."
  • by TheUnknownCoder ( 895032 ) on Tuesday September 05, 2006 @10:57AM (#16044625)
    Of course they could pull the plug on Orkut. But do they really want to do that?
    According to Google's Press Release [google.com]:

    MOUNTAIN VIEW, Calif. - November 17, 2005
    [...]
    The launch of operations in Latin America further demonstrates Google's ongoing commitment to expanding its international business, and developing the search advertising market in new regions around the world. The office in Sao Paulo, Brazil follows the acquisition of Brazil's Akwan Information Technologies Inc. in July of this year. Akwan has become Google's R&D centre in Brazil.

    So they are activelly building an R&D center in Brazil, which will be Google's HQ in Latin America. Businesswise, they have a lot to loose by not complying with a cuort order...
    Just my R$0,02.
  • by bogado ( 25959 ) <bogado&bogado,net> on Tuesday September 05, 2006 @10:58AM (#16044630) Homepage Journal

    Oh don't even start that bullshit about majorities versus minorities. The minorities are just as bad as the majorities. I've met just as many gays that instantly assume I'm going to want to stone them to death because I'm technically a fundamentalist, as I have met pseudo-Christians who would probably join a mob to stone them. I'm an asshole, they're an asshole. EVERYONE'S AN ASSHOLE on these issues at some point!


    I agree, there are assholes in all groups, but there is a difference between what is happening at orkut and south-park. In orkut we are seeing those that are assholes promoting their hate and organizing mobs. This is not only evil, but it is against the law here. And what happened is that google is being accused of collaborating with the perpetrators if the local branch "google-brasil" do not produce the ips and time-stamp of several users (according to the article 70 or so).

    I do not agree that google should give those IPs, I'm not even sure that generic speech (this rules out when people are singled out) should be forbidden. But, those arguments do make me sick, and those people do get out and do throw rocks at people, it is speech now, but soon it may be more, so in the end this is a "minority report" conundrum. If you know that this group will throw rocks at someone, would you allow it?
  • by bigpat ( 158134 ) on Tuesday September 05, 2006 @12:49PM (#16045618)
    This is a choice the people of Brazil made about how they choose to run their society

    Democracy does not equal freedom. Freedom is when a society recognizes that some things are none of its business. Democracy is about what to do with everything else.
  • by Rivabem ( 312224 ) on Tuesday September 05, 2006 @07:02PM (#16048460)
    Racism shouldn't be a crime in and of itself -- freedom of speech is something every country should agree on

    I have a friend that paid a U$12,000 fine in Boston for saying "wow, nice" while looking a afro-american girl's breast.

    If he said "die stinky niggers!" would it be fredom of speech?

    In Brazil some girls would put a smile in their face. Some would not like, but would never take that to court. Even if they don't like, and take to court, they'd never win, because, like her or not, it was kind of a compliment, and there was no intent of obtaining any sex or the like in the situation. So no harassment

    But in Boston, the judge didn't think like this.

    People all over the world have different views, not about what is freedom, but where my freedom ends and where yours begin.

Thus spake the master programmer: "After three days without programming, life becomes meaningless." -- Geoffrey James, "The Tao of Programming"

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