Free speech vs. privacy: The debate is just beginning

It's been a rough few weeks for Google. First, it had a much-publicized run-in with the People's Republic of China over that country's rigorous censorship rules. Next, it got involved in a heated war of words – also with China – over an attempt to hack into its corporate networks.

Then there was the launch of Google Buzz, a social networking tool, which turned into a PR fiasco after innocent Gmail users found that their private e-mails had become public.

Finally, last week Google received a double-whammy from Europe, where individual privacy concerns regularly top free speech considerations, and where Google's view of an open and unrestricted Internet is meeting increasing resistance.

Both developments from Europe are worth a further look.

In the first instance, an Italian judge held three of Google's local executives liable in a privacy violation case, because they allowed a teenager to post a video on YouTube which showed an autistic boy being bullied by other kids. It was watched over 5,500 times before a complaint was filed and the video was removed.

The Italian prosecutors argued that Google should review videos before posting to ensure individual privacy rights are not infringed. Given the millions of videos that are posted on YouTube each day, that's clearly impossible, so Google argued that the ruling would effectively stifle free expression. Unmoved, the Italian court confirmed that free speech was trumped by the need to preserve individual privacy and dignity.

In the second development, the European Union notified Google that its Street View photo-mapping service is likely in breach of EU privacy laws and urged the company to make changes to how it stored and displayed the images that were being captured.

At the heart of all Google's problems are the world's differing views on free speech and privacy. Google clearly favors an open Internet, which will inevitably lead to an erosion of individual privacy. And Street View and Google Buzz are just the tip of the iceberg. Parents are already grappling with how much privacy to afford their kids, as tracking and monitoring software becomes increasingly available.

And then there are the personal safety issues. Although we might enjoy the interaction we get from online social networks, do we really want other people to know exactly where we are when we post an update or just use our cell phones? How about complete strangers? Or an ex-boyfriend who's under a restraining order? That location software exists today and some elements are already built into platforms like Buzz.

Clearly, we are just at the beginning of the debate on how new technology is shaping our society. Whether we are trying to protect autistic kids or just our own personal safety, it looks like our First Amendment rights are going to be a big part of that discussion!

Do you believe personal privacy should trump free speech? Should we be allowed to post videos of whomever and whatever we like? Share your thoughts with The Online Mom!

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