In a bill aimed at securing a "right to be forgotten," introduced by Assemblyman David I. Weprin and (as Senate Bill 4561 by state Sen. Tony Avella), liberal New York politicians would require people to remove ‘inaccurate,’ ‘irrelevant,’ ‘inadequate’ or ‘excessive’ statements about others...
Within 30 days of a ”request from an individual,”
“all search engines and online speakers] shall remove … content about such individual, and links or indexes to any of the same, that is ‘inaccurate’, ‘irrelevant’, ‘inadequate’ or ‘excessive,’ ”
“and without replacing such removed … content with any disclaimer [or] takedown notice.”
“ ‘[I]naccurate’, ‘irrelevant’, ‘inadequate’, or ‘excessive’ shall mean content,”
“which after a significant lapse in time from its first publication,”
“is no longer material to current public debate or discourse,”
“especially when considered in light of the financial, reputational and/or demonstrable other harm that the information … is causing to the requester’s professional, financial, reputational or other interest,”
“with the exception of content related to convicted felonies, legal matters relating to violence, or a matter that is of significant current public interest, and as to which the requester’s role with regard to the matter is central and substantial.”
Failure to comply would make the search engines or speakers liable for, at least, statutory damages of $250/day plus attorney fees.
And who, pray, is defining such statements as "‘inaccurate,’ ‘irrelevant,’ ‘inadequate’ or ‘excessive’ statements about others..."?!?!? Most likely, the people whose oxen got gored by statements that may have been factually accurate, but does not put them in a good light in pubic?!?
It appears, regrettably, that New York State Senators Weprin and Avella have never heard of the First Amendment to the Constitution of the United States.
Yes, free speech can be messy and ugly, and amplified by the tsunami effects of social medial, it can be downright nasty; but this bill reeks of censorship, and the criminalisation of facts, when facts don't fit the "agenda" of various lawmakers and corporate personages.
This legislation feels like a last step down a very Orwellian slippery slope.