Top Canadian Court Permits Worldwide Internet Censorship

Tyler Durden's picture

Authored by Aaron Mackey, Corynne McSherry, and Vera Ranieri via The Electronic Frontier Foundation,

A country has the right to prevent the world’s Internet users from accessing information, Canada’s highest court ruled on Wednesday.

In a decision that has troubling implications for free expression online, the Supreme Court of Canada upheld a company’s effort to force Google to de-list entire domains and websites from its search index, effectively making them invisible to everyone using Google’s search engine

The case, Google v. Equustek, began when British Columbia-based Equustek Solutions accused Morgan Jack and others, known as the Datalink defendants, of selling counterfeit Equustek routers online. It claimed California-based Google facilitated access to the defendants’ sites. The defendants never appeared in court to challenge the claim, allowing default judgment against them, which meant Equustek effectively won without the court ever considering whether the claim was valid.

Although Google was not named in the lawsuit, it voluntarily took down specific URLs that directed users to the defendants’ products and ads under the local (Canadian) Google.ca domains. But Equustek wanted more, and the British Columbia Supreme Court ruled that Google had to delete the entire domain from its search results, including from all other domains such Google.com and Google.go.uk. The British Columbia Court of Appeal upheld the decision, and the Supreme Court of Canada decision followed the analysis of those courts.

EFF intervened in the case, explaining [.pdf] that such an injunction ran directly contrary to both the U.S. Constitution and statutory speech protections. Issuing an order that would cut off access to information for U.S. users would set a dangerous precedent for online speech.  In essence, it would expand the power of any court in the world to edit the entire Internet, whether or not the targeted material or site is lawful in another country. That, we warned, is likely to result in a race to the bottom, as well-resourced individuals engage in international forum-shopping to impose the one country’s restrictive laws regarding free expression on the rest of the world.

The Supreme Court of Canada ignored those concerns. It ruled that because Google was subject to the jurisdiction of Canadian courts by virtue of its operations in Canada, courts in Canada had the authority to order Google to delete search results worldwide. The court further held that there was no inconvenience to Google in removing search results, and Google had not shown the injunction would offend any rights abroad.

Perhaps even worse, the court ruled that before Google can modify the order, it has to prove that the injunction violates the laws of another nation thus shifting the burdent of proof from the plaintiff to a non-party. An innocent third party to a lawsuit shouldn’t have to shoulder the burden or proving whether an injunction violates the laws of another country. Although companies like Google may be able to afford such costs, many others will not, meaning many overbroad and unlawful orders may go unchallenged. Instead, once the issue has been raised at all, it should be the job of the party seeking the benefit of an order, such as Equustek, to establish that there is no such conflict. Moreover, numerous intervenors, including EFF, provided ample evidence of that conflicts in this case.

Beyond the flaws of the ruling itself, the court’s decision will likely embolden other countries to try to enforce their own speech-restricting laws on the Internet, to the detriment of all users. As others have pointed out, it’s not difficult to see repressive regimes such as China or Iran use the ruling to order Google to de-index sites they object to, creating a worldwide heckler’s veto.

The ruling largely sidesteps the question of whether such a global order would violate foreign law or intrude on Internet users’ free speech rights. Instead, the court focused on whether or not Google, as a private actor, could legally choose to take down speech and whether that would violate foreign law. This framing results in Google being ordered to remove speech under Canadian law even if no court in the United States could issue a similar order.

The Equustek decision is part of a troubling trend around the world of courts and other governmental bodies ordering that content be removed from the entirety of the Internet, not just in that country's locale. On the same day the Supreme Court of Canada’s decision issued, a court in Europe heard arguments as to whether to expand the right-to-be-forgotten worldwide.

EFF was represented at the Supreme Court of Canada and the British Columbia Court of Appeal by David Wotherspoon of MacPherson Leslie & Tyerman and Daniel Byma of Fasken Martineau DuMoulin.

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El Vaquero's picture

I don't expect much out of Google, but I hope it tells Canada to pound sand on this.  

So Close's picture

Good luck enforcing it you crazy Canucks...  Google could buy Canada.

knukles's picture

Like there ain't much censorship of the net already, FFS.
"Do No Evil" my ass

Herd Redirection Committee's picture

God forbid anyone should search "Jewish involvement in the slave trade"... (I mention this because I was finding less results researching this recently, than I had previously) Better to just censor the entire internet.

 

sixsigma cygnusatratus's picture

A country has the right to prevent the world’s Internet users from accessing information, China’s highest court ruled on Wednesday.

Fixed it.  Now Canada can resume selling real estate to the Chinese.

Shemp 4 Victory's picture

 

it’s not difficult to see repressive regimes such as the US or Ukraine use the ruling to order Google to de-index sites they object to, creating a worldwide heckler’s veto.

Fixed it for you, E.F.F.

Pickleton's picture

Obama gave up control of the internet to the world.  This is all going to happen.

espirit's picture

"You've just been erased."

Keyser's picture

The solution is pretty simple, just de-google yourself... I quit using google for search a long time ago and have removed chrome from all my systems... No sense in feeding the beast while they dictate what we do and do not see on the internet... 

a Smudge by any other name's picture

Bingo! The point of this article is overstated because it presumes that:

1. Google "is" or "owns" the internet (which it doesn't)

2. Google will always be or own the internet (which it won't)

3. There are no alternatives (which there are and there will be more of them soon ha ha!)

 

NiggaPleeze's picture

 

More plausible is that Israel and the neo-Bolshevik Globalists (large chunk of Western Europe) will ban "hate speech", and, most particularly, "anti-Semitic" speech (i.e., any speech that goes against Jewish power), when, ironically, political speech such as so-called "anti-Semitic" speech (such as Holocaust revisionism) is at the very core of why free speech is an important right (and not pornography, video games, "money" as speech, or "corporate speech").

playit's picture

I'm making over $7k a month working part time. I kept hearing other people tell me how much money they can make online so I decided to look into it. Well, it was all true and has totally changed my life. This is what I do... www.jobproplan.com

Laddie's picture

English Translation of Alexander Solzhenitsyn's "200 Years Together" by Dr Kevin MacDonald

200 Years Together: Chapter 9 — And Some Mysterious Search Engine Results

Now, I can get a result for chapter 3 about result #15. Dr. MacDonald’s post doesn’t appear still. There’s no results returned from Google for the blog at all. This flies in the face of everything I understand about Internet marketing.

My only conclusion here is that the blog is being removed from search engine results and actively censored. I figured the blog would get taken down at some point, but I didn’t think it would get removed from search engine results. I’m not surprised given what chapters like #8 and this week’s, #9, are discussing.

If the blog gets removed, I’ll make another one. These chapters will be published on torrent sites when we’re done. This content isn’t going anywhere. People need to understand that what we are living through now has happened already elsewhere and we need to wake up.

Downloadable pdfs for the CENSORED chapters of Aleksandr Solzhenitsyn's two-volume work on the history of Russian-Jewish relations (Two Hundred Years Together by Kevin MacDonald PhD

peippe's picture

well, everyone is allowed one bad investment-

Canada & it's zany citizens would fit the bill.

Perimetr's picture

WTF happened to Canada?  

 

Anybody's picture

and Harper.

Both are/were bad for Canada.

Herd Redirection Committee's picture

I will tell you that most Canadians have no idea this stuff is taking place.  It is only occurring in legistlation right now, it hasn't been implemented or 'touched home', so to speak.  So there is no example to point to yet, and show people the insanity.  People, Canadians esp., want to believe the best, which in this case means "The legislation won't be abused, will it?"

Justin Case's picture

the leaders do as they are instructed. If they try to run the country by not following the play book, they have the courts step in. Why isn't Trump doing what he promised on his campaign? He's not the boss.

robertocarlos's picture

Those 2 fags are both owned by Jews.

Shemp 4 Victory's picture

 

and Harper.

Both are/were bad for Canada.

Their foreign minister, Chrystia Freeland, is also an embarrassment. She's a Russophobic ethnic Ukrainian who wants to see the Ukraine cleansed of other ethnicities. It runs in the family. The Polish government was actively hunting for her grandfather, a Nazi war criminal, into the 1980s, not knowing he had emigrated to Canada.

A Canadian reporter asked Lavrov: “What are the prospects for removing her [Freeland] from Russia’s black list?” He ignored the question.

http://johnhelmer.net/chrystia-freeland-exposed-by-sergei-lavrov-at-arct...

“Russia should stop calling my grandfather a Nazi”

http://johnhelmer.net/michael-chomiak-volunteered-for-hitler-before-ukra...

Juggernaut x2's picture

His name was Ernst Zundel- and that was long before Trudeau

thedespised's picture

Fucking Trudeau the spicy weasel.

GUS100CORRINA's picture

Top Canadian Court Permits Worldwide Internet Censorship

My response: NOT GOOD!!! This is a very SLIPPERY SLOPE upon which to embark!!!

But then again, this is the same country that introduced HATE SPEECH legislation against CHRISTIANS 5+ YEARS ago for simply quoting the Book of Romans from the BIBLE!!

Schmuck Raker's picture

Did they use all caps a lot in th Bible? Just asking, GUS.

Tall Tom's picture

 

 

 

LORD God...

 

Yeah...You ought to get to know Him.

 

There a lot of caps in the Holy Bible.

 

In fact in both the Greek and  the Hebrew the entire text is in caps.

 

You asked. Now you have your answer,

 

So now that i answered your question  you must answer this one...if you can...

 

What is North of the North Pole? (Yes we do live on an oblate spheroid.)

 

What is North of the North Pole?

 

I do need your answer to that question.

 

NOBODY ELSE ANSWERS THIS QUESTION FOR THIS DUMB ASS. LET HIM FIGHT.

 

I AM INVOKING ONE OF DA RULEZ OF FIGHT CLUB HERE.

SubjectivObject's picture

Geometric or magnetic pole?

Raffie's picture

1st Muzzies, then anti-Islam talk, then sex with animals and now this.

WTG KaniDuh.....

Laddie's picture

Google and Facebook are ON THE SAME PAGE on censorship.

Facebook Hiring Additional 3,000 to Bolster Thought Police Army

Google Raises Army of 10,000 to Fight for the Jews

While we’ve previously reported that Google was recently pressured to change their algorithms to bury holohoax-denial sites, the malevolent tech giant has manifestly decided to go full out and declare war on the enemies of the Jews.

They have raised a mighty army to swarm us, presumably with the goal of destroying the world of men.

Google will now flag or suppress search results that the (((DEEP STATE))) doesn't want you to know about.

GOOGLE's Schmidt wants algorithms to censor Internet for 'hate speech'

Google's Sergey Brin got into America under the special privilege for Soviet Jews immigration law. Which was introduced into the US Senate by Jewish Senator Frank Lautenberg (D-NJ)

It should be noted that a representative from Google’s new 1984-style internet political dissent suppression program, Jigsaw, will be at the ADL conference as well. Expect nasty things to happen to our 1st Amendment right to criticize Jews following this gathering of high power Jews and NGO collaborators.

The Great Shutdown: Google's Jigzaw

GOOGLE Launches News 'Fact Check'

Russia Insider

Ironically enough, in Wikileaks’ publishing three years later of the Global Intelligence Files — internal emails from the private security firm, Stratfor — Cohen’s and Google’s true depth of influence became strikingly apparent. Assange wrote:

Cohen’s directorate appeared to cross over from public relations and ‘corporate responsibility’ work into active corporate intervention in foreign affairs at a level that is normally reserved for states. Jared Cohen could be wryly named Google’s ‘director of regime change.’ According to the emails, he was trying to plant his fingerprints on some of the major historical events in the contemporary Middle East. He could be placed in Egypt during the revolution, meeting with Wael Ghonim, the Google employee whose arrest and imprisonment hours later would make him a PR-friendly symbol of the uprising in the Western press. Meetings had been planned in Palestine and Turkey, both of which—claimed Stratfor emails—were killed by the senior Google leadership as too risky. Only a few months before he met with me, Cohen was planning a trip to the edge of Iran in Azerbaijan to ‘engage the Iranian communities closer to the border,’ as part of Google Ideas’ project on repressive societies.

Of course, the massive company — its various facets now under the umbrella of Alphabet, Inc. — has never been fully absent government involvement. Research for what would become ultimately become Google had been undertaken by company founders Larry Page and Sergey Brin in cooperation with the Defense Advanced Research Projects Agency (DARPA) — the strictly secretive technological testing and planning arm for the Department of Defense.

Indeed Google’s continued coziness with the diplomacy, military, and intelligence wings of the United States government should not be, though perpetually are, ignored.

Political establishment bulldogs on both sides of the aisle and their cheerleader corporate media presstitutes will continue for months or years to debate the failed presidential bid of Hillary Clinton and the apparently shocking rise and election of Donald Trump, but technology played a starring role in those events. Several reports last year cautioned Google’s algorithms could swing the election — and not only the American election but national elections around the globe.

We estimate, based on win margins in national elections around the world,” said Robert Epstein, a psychologist with the American Institute for Behavioral Research and Technology and author of one of the studies, “that Google could determine the outcome of upwards of 25 percent of all national elections.

Considering lines between the tech giant and the government have essentially been abandoned, this revelation puts power and influence into acute, if not terrifying, perspective.
Google’s ties with the Pentagon and intelligence communities never ceased. Revealed by a Freedom of Information Act request cited by Assange, Google founder Brin, together with Schmidt, corresponded casually by email with National Security Agency chief Gen. Keith Alexander in 2012, discussing a program called the “Enduring Society Framework.”

Facebook’s Sheryl Sandberg and Jewish Ethnic Networking

Mr T's picture

Between the deer in the headlights and the crickets I can tell this is the road to...

Bravo Laddie,

Oh to be a fly on the wall of the first World Zionist Congress of 1897. Google dat

For the World it really begins

 

Doom and Dust's picture

Of course I support the Right to forget for corporations, after all they're people too.

JLee2027's picture

Canada is rapidy becoming tard heaven. Maybe we should let them have California?

Albertarocks's picture

You fall for everything you read don't you.  Canada is one hell of an awesome place to live... very few here would trade it for any other place on earth.  But we want Americans to just keep on soaking up the demonic vision of Canada that your media wants you to see.  Actually we can't thank them enough for that.  In any case, I urge you to stay the course and for god's sake... don't come here.  Your happiness is paramount.

monk27's picture

Canada is a dump with terrible weather. Enjoy it !

oDumbo's picture

drop dead douchey canook  

squid's picture

Unt, Vee need to zee your papers.....

 

My grand mother's borther is buried in Cassio War Cemetary....

He died fighting the geztapo.....

Poor guy didn't realize he was conned, but then like most soldiers, he was only 18.

 

Guess he didn't realize Canada would have its ow court back geztapo 70 years later.

 

Just like Germany in 1936.....how soon we forget.

 

Squid

robertocarlos's picture

'Ve cut off your Johnson Lewbowski".

Akzed's picture

My dog is barking. I hope Canadia doesn't sue me.

Big Brother's picture

You can probably still buy knock-off Equusteks on Pirate Bay.  Good luck with your enforcement attempts, mounties.

SmittyinLA's picture

Canada isn't a real country, more like a corporate lobby, the people are sheep and they know it.

Neighbour's picture

I wish the people did know but they are to busy doing nothing.

Ajax-1's picture

True. It's not a country but an economic trade zone within a penal colony. The ironic part is that stupid Canucks don't even realize that their captors are their elected officials.

GreatUncle's picture

Google should totally delist Equustek in full that would be interesting.

Hammer of Light's picture

What are you talking about? - GOOGLE IS THEM - they are the CIA/NSA/DEEP STATE / NEW PUCKING WORLD ORDER - They are now an enemy of humanity or are you now just figuring this out that GOOGLE IS INVOLVED AT THE HIGHEST ORDER OF HUMANITIES DESTRUCTION OF DIGITAL ENFORCEMENT OF YOUR ENSLAVEMENT.

~ It's time to disembowel Google, as in gut them like a fish. People the world over must turn their backs on these criminals in tech and the Governments who do this must be eradicated from our lives.

Hey Canada - I just stopped doing business with you - our entire company all products and services will not longer allow you to make one thin dime to use against your people or the rest of the world.

The Day Canada DIED is TODAY ~