Wish you could take down that embarrassing photo on Facebook? California teens may soon be lucky enough to do just that.
California Gov. Jerry Brown recently approved a new law that will force companies like Facebook, Twitter, and Google to take down something a minor has posted, upon the minor’s request. The controversial “eraser law” is set to go into effect in 2015, although internet-freedom activists have a thing or two to say about it.
Who Has to Comply?
The bill isn’t necessarily clear on which websites will be affected, which could cause some confusion. Emma Llanso, policy counsel for the Center for Democracy & Technology, worried that, without a bit more clarity in the law, “the response could be to bar minors from the sites entirely.” Sites such as Facebook, Twitter, and others already allow users to delete content; the law, however, doesn’t require companies to remove the data from their servers — just from their viewable website.
Under the “eraser law,” tech companies need only respond to users who originally posted any content in question. Therefore, a person seeking to take down a photo of themselves participating in underage drinking is out of luck if the photo was posted by a friend.
Making “Eraser Laws” Work
Many question the eraser law’s potential effectiveness due to a lack of clarity on whether “deleting” content also will include any iterations or derivative works — meaning any “data that has been reposted, archived, or interacted with,” according to TechCrunch’s Gregory Fernstein. Fernstein argues the law that would permit erasures of such data is necessary, “and, as a result, must create or grow a whole new body of case law dedicated to choosing when the right to be forgotten trumps the right to share and discuss information.”
Remember, no one over 18 can make these requests, so once you’re an adult, you’ve just got to live with the awkward photos your loyal friends have burned into the internet forever.
