April 24, 2018
"The European Union is getting ready to enact sweeping new digital privacy laws. Facebook says it’s going comply. Is what’s good for Europe good for the U.S.?
On the legal challenges of the right to be forgotten
Scott Shackelford: "It's not even absolute in the EU. So this has to be balanced against free expression there. But ... the balancing act and how that would play out in the U.S. is gonna be pretty different. The U.S. and European Union, for some time now, have actually been diverging on how we think of privacy rights. What counts as news? What are the privacy rights even of public figures? And that divergence is really coming into play when we think about how these EU concepts, like GDPR and the right to be forgotten, are gonna be applied in U.S. courtrooms. Because, as I'm sure is gonna be no surprise to your listeners, we have a really robust tradition of free speech and free expression here, which could run pretty headlong against this idea.""