Friday, September 6, 2013
Search Engines Give Greater Scrutiny to Removal Orders
Reputation management attorneys will want to review Professor Eric Goldman's excellent recent analysis of court orders commanding the removal or de-indexing of defamatory internet postings. In the past, despite not being a party to litigation, many search engines including Google reflexively de-indexed postings covered by such orders. Professor Goldman is spot on in his analysis that such orders are typically overbroad and obtained via default judgment or stipulation. Furthermore, such orders usually violate a search engine's due process rights. Nonetheless, industry practice evolved to simply comply with such orders. Apparently, that may be changing as search engines view such orders with greater scrutiny.