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That Was Quick: Thomas Goolnik Already Gets Google To Forget Our Latest Story About Thomas Goolnik Getting Google To Forget Stories About Thomas Goolnik

from the thomas-goolnik-thomas-goolnik-thomas-goolnik dept

Okay, let’s start with this even higher up this time:

1. Dear Google RTBF reviewer (who I’m sure will be reading this soon): Under the terms of the GDPR, you are only supposed to agree to a content removal if what we are publishing is “personal data” that is no longer necessary, and (importantly, please read this, guys) that is not “for exercising the right of freedom of expression and information” or “for archiving purposes in the public interest, scientific or historical research purposes….” This post, like the last few, are news stories that are in the public interest, specifically about how someone is abusing the GDPR’s “right to erasure” process to delete news reports about his abuse of the GDPR “right to erasure” process. This story is not about anything earlier that Thomas Goolnik may or may not have done. It is about what he did within the last few days. It is not old. It is not no longer relevant. It is directly relevant, and this post should not be subject to any GDPR right to erasure claims.
2. Dear Thomas Goolnik: Seriously dude? How much longer is this going to go on? It is legal for a news report to mention your name. We’re not even talking about the original thing you want forgotten. We’re talking about what you’ve been up to the past few years trying to get everyone to forget the thing you want forgotten. Maybe let it go.

Right. So if the rest of you hadn’t guessed by now, Thomas Goolnik has, once again, successfully convinced Google to “erase” our most recent article about Thomas Goolnik getting Google to delete a previous article about Thomas Goolnik getting Google to delete a previous article about Thomas Goolnik getting Google to delete a previous article from its search results on the name Thomas Goolnik in the EU.

Even if one were to agree that the original articles he wanted delisted from searches under his name (which began with a NY Times article from 2002, which we don’t believe should have been delisted under the RTBF guidelines in the EU), the fact that Goolnik continues to get more modern articles about his abuse of the RTBF process delisted seems problematic. It seems like the sort of thing that is very much in the public interest to monitor and report on, seeing as many supporters of the GDPR insist that the RTBF process would not, in fact, be used to censor news stories. It is being used to do exactly that.

Filed Under: eu, right to be forgotten, rtbf, thomas goolnik, thomas goolnik thomas goolnik, thomas goolnik thomas goolnik thomas goolnik, thomas goolnik thomas goolnik thomas goolnik thomas goolnik, thomas goolnik thomas goolnik thomas goolnik thomas goolnik thomas
Companies: google

Thomas Goolnik Again Convinces Google To Forget Our Story About Thomas Goolnik Getting Google To Forget Our Story About Thomas Goolnik

from the i-sense-a-pattern dept

Remember Thomas Goolnik? Apparently, he doesn’t think you should. But let’s start this post off with some special notes for two specific parties, and then we’ll get into some more details:

1. Dear Thomas Goolnik: I’m assuming you’re reading this because you seem to come across every post we write about you and then file bullshit complaints in the EU about how they need to be forgotten. And, every time that happens, we write another post. Perhaps you should think about not trying to abuse the GDPR and the Right to be Forgotten, and recognize that it’s perfectly legal to mention your name. We won’t even mention the original original story you so badly want censored, even though I imagine lots of people will now go hunt that down.
2. Dear Google RTBF reviewers: this is not an article about some long ago no-longer-relevant event in Mr. Goolnik’s past. Even if we disagree about whether historical convictions should be disappeared down the memory hole, the right to be forgotten is supposed to apply only to past events that are no longer occurring. This article is not about Mr. Goolnik’s past. It is about his present: the fact that he repeatedly is abusing the Right to be Forgotten rules to try to delete our articles about him. This article is about this most recent attempt, and not his past, whatever that might include.

With that out of the way, if you haven’t guessed, Thomas Goolnik has once again sent a Right to be Forgotten request to Google over our earlier articles about Thomas Goolnik and his use of the Right to be Forgotten system to try to delete previous articles about Thomas Goolnik abusing the Right to be Forgotten system to… you get the picture.

Tragically, Google has complied with this latest request, meaning that if you were searching for Thomas Goolnik within the EU, some of those historical articles may not be easily findable. Some of us find this to be an affront to free speech and an abuse of legal process to suppress information that, potentially, may be embarrassing to someone like Thomas Goolnik. But others — such as Thomas Goolnik — appear to have a different opinion. Thomas Goolnik is, of course, free to express his own opinion on his own site, but apparently feels the need to make sure that others who express their opinions should be silenced. We disagree.

Filed Under: gdpr, right to be forgotten, thomas goolnik, thomas goolnik thomas goolnik, thomas goolnik thomas goolnik thomas goolnik, thomas goolnik thomas goolnik thomas goolnik thomas goolnik, thomas goolnik thomas goolnik thomas goolnik thomas goolnik thomas gool
Companies: google

Thomas Goolnik Gets Google To Forget Our Story About Him Getting Google To Forget Stories About Thomas Goolnik

from the sorry-thomas dept

You’ll recall, of course, that prior to the GDPR, there was a big case against Google in the EU that created, out of thin air, a “right to be forgotten” (perhaps, more accurately, “a right to be delinked”) saying that for certain classes of information that showed up in Google’s search index, it should be treated as personal data that had to be delinked from that user’s name as no longer relevant. This never made any sense at all. A search result is not like out-of-date customer database info, yet that’s how the Court of Justice in the EU treated it. Unfortunately, with the General Data Protection Regulation (GDPR) going into effect earlier this year, the “right to be forgotten” was even more officially coded into law. We’ve noted recently, there have been a few attempts to use the GDPR to delete public information on American sites, and now we at Techdirt have been hit with what appears to be just such an attempt.

This particular attempt goes back to some previous attempts under the pre-GDPR “right to be forgotten” setup. We need to dig into the history a bit to understand the details. You see, soon after the floodgates opened on delinking names from Google, we wrote about an article in the NY Times discussing how five of its articles had been delinked via RTBF claims. It was not 100% clear who had made the requests, but we did highlight some of the names and stories, including one where we called the removal “questionable.” It involved a NY Times article from 2002 about a legal action by the FTC which went after a group of companies allegedly run by a guy named Thomas Goolnik. The companies — TLD Network, Quantum Management and TBS Industries — were accused of “unfair or deceptive acts or practices” by selling domains that did not exist at the time (specifically, they were trying to sell domains using top level domains that did not exist, including .sex, .bet, .brit, and .scot.)

The FTC eventually settled with Goolnik and the companies with some significant concessions:

The settlement bars the defendants from making misrepresentations about the usability of domain names or about the nature of any product or service they sell over the Internet. The settlement also bars the defendants from failing to clearly and conspicuously disclose material limitations or conditions on the usability or functionality of domain names. The settlement bars the defendants from selling customer lists. In addition, the defendants will turn over as much as $300,000 being held in merchant accounts for consumer redress. Redress payments will be available to consumers in the UK and other countries, as well as the United States. The settlement also contains record-keeping requirements to allow the FTC to monitor compliance with the court’s order.

This seems like information that is very much in the public interest. Someone, however, doesn’t think so. There are many indications that that “someone” is Thomas Goolnik. Ten months after our article talking about the NY Times article about Google delinking their story about Thomas Goolnik’s legal troubles with the FTC, we received a notification from Google that our article about the NY Times article had also been delinked under a RTBF request. So we wrote about that. A week later, we received a notice that this new article had also been delinked via a RTBF request.

In that post, in September of 2015, we were extremely clear to anyone from Google looking over that post that it was not about Goolnik’s earlier activities (which we still believed were in the public’s interest), but specifically about Thomas Goolnik’s current actions — specifically an action to abuse the RTBF process to try to hide the fact that he was credibly accused by the FTC of unfair or deceptive practices, leading to a substantial settlement. Since Google had already memory holed two of our articles on the subject, we even included “a special note to the Google RTBF reviewer reading” that post:

We are purposely not mentioning the details of the original story that Thomas Goolnik would no longer like to be associated with. Even if you believe that information is no longer relevant, this article does not discuss that. Instead, it discusses newsworthy and relevant information about Thomas Goolnik today, which is that he’s filing a series of right to be forgotten requests to Google on any story that mentions his attempts to use the RTBF to delete his history. The original EU ruling clearly states that that when a search engine is evaluating a RTBF request, that it should see if the data is “inadequate, irrelevant or no longer relevant, or excessive in relation to the purposes for which they were processed and in the light of the time that has elapsed.” This is not about irrelevant information from the past. This is about what appears to have happened this week or last.

Anyway, on Wednesday, three years later, we received… a new notification, that that third article had now been delinked under a RTBF request.

To: Webmaster of https://www.techdirt.com/,

Due to a request under data protection law in Europe, Google can no longer show one or more pages from your site in Google Search results. This only affects responses to some search queries for names or other personal identifiers that might appear on your pages. Only results on European versions of Google are affected. No action is required from you.

Who could possibly want to make such a request? There would be substantial evidence that it is Thomas Goolnik. While Google does not name who specifically made the requests, the fact that every post we’ve ever had mentioning Thomas Goolnik (minus this one… so far) ends up getting delinked in Google provides pretty strong clues that Thomas Goolnik is continuing to use highly questionable RTBF claims to try to delete news coverage of his history and his recent actions.

Once again, if you are a Google RTBF reviewer there is no reason under either the original RTBF rules or the GDPR right to erasure rules that this article should be delinked from anyone’s name, but especially Thomas Goolnik’s. It is about public, relevant, newsworthy information concerning Thomas Goolnik, including his ongoing attempts to use the right to be forgotten to erase a substantial legal settlement he had with the FTC concerning “unfair or deceptive practices” which makes its continued existence very much in the public interest.

And, if you’re Thomas Goolnik reading this: stop it.

Filed Under: europe, free speech, ftc, gdpr, hiding news, news, right to be forgotten, rtbf, thomas goolnik, thomas goolnik thomas goolnik, thomas goolnik thomas goolnik thomas goolnik
Companies: google

Thomas Goolnik Really Wants To Be Forgotten: Google Disappears Our Post About His Right To Be Forgotten Request

from the we-await-next-week's-notification dept

Last week we wrote about receiving our very first Right To Be Forgotten notice from Google, disappearing an earlier post that talked about articles in the NY Times that had been disappeared thanks to other RTBF requests. Yes, someone used a RTBF request to remove our article about the RTBF which was referencing other articles that someone had removed via a RTBF request.

And… yesterday we received a notification that this new article was also chucked down the memory hole thanks to a RTBF request, so that anyone who searches on a particular name in Europe will no longer see that article either. At this point, it’s fairly clear that it’s Thomas Goolnik who is making all of these RTBF requests, as he’s the only individual named. We don’t think either of our articles should be removed even under the EU’s laws that allow for a RTBF, because those laws only apply to out of date/irrelevant information, and the fact that Goolnik has just now made a RTBF request in an attempt to censor us and to edit his own Google results is not obsolete information and is entirely relevant and newsworthy.

I figure it’s highly likely that it won’t be long before we get a notice telling us that this article, too, has been removed, so I’d like to add a special note to the Google RTBF reviewer reading this post: We are purposely not mentioning the details of the original story that Thomas Goolnik would no longer like to be associated with. Even if you believe that information is no longer relevant, this article does not discuss that. Instead, it discusses newsworthy and relevant information about Thomas Goolnik today, which is that he’s filing a series of right to be forgotten requests to Google on any story that mentions his attempts to use the RTBF to delete his history. The original EU ruling clearly states that that when a search engine is evaluating a RTBF request, that it should see if the data is “inadequate, irrelevant or no longer relevant, or excessive in relation to the purposes for which they were processed and in the light of the time that has elapsed.” This is not about irrelevant information from the past. This is about what appears to have happened this week or last.

Filed Under: europe, right to be forgotten, thomas goolnik, thomas goolnik thomas goolnik, thomas goolnik thomas goolnik thomas goolnik
Companies: google