Google Hides News, Tricked by Fake Claims
Dubious copyright complaints citing 1998 law led the search giant to make unfavorable articles vanish
A Google search, at one time, could locate a news article on a man accused of attempted child rape, another on someone charged with fraud and still others on Ukrainian politicians facing corruption allegations. Googling certain keywords in March would find an article detailing the movements of two coronavirus-infected British tourists in Vietnam and warning others who visited the same places to take precautions. Then the stories vanished. Google stopped listing them in searches after it received formal requests that it scrub links to the pieces, a Wall Street Journal investigation found.
The Journal identified hundreds of instances in which individuals or companies, often using apparently fake identities, caused the Alphabet Inc. unit to remove links to unfavorable articles and blog posts that alleged wrongdoing by convicted criminals, foreign officials and businesspeople in the U.S. and abroad. Google took them down in response to copyright complaints, many of which appear to be bogus, the Journal found in an analysis of information from the more than four billion links sent to Google for removal since 2011. Google’s system was set up to comply with the Digital Millennium Copyright Act, or DMCA. The 1998 law gives tech firms immunity from claims in copyright cases as long they quickly take down copyrighted material once alerted.
Takedown requests to Google are often from media companies legitimately requesting that pirated copies of a movie or album be removed from search results. Publishers and news outlets, including the Journal, have also asked Google to scrub allegedly infringing material from Google Search. Yet some requests, the Journal found, appear to be from people manipulating the system in ways it didn’t intend, resulting in Google’s taking down lawful content. When a Colorado man, Dak Steiert, faced state-court charges of running a fake law firm in 2018, he sent Google a series of copyright claims against blogs and a law-firm website that discussed his case, claiming they had copied the posts from Mr. Steiert’s own website. That wasn’t true, the Journal determined, but Google erased the pages from its search engine anyway.
Last year, Mr. Steiert, who didn’t respond to requests for comment, pleaded guilty in Colorado state court to one count of false advertising in his business. The Colorado Supreme Court closed his practice. The articles remained invisible in Google searches until the Journal flagged the cases to Google, which then reinstated the links. When Google erases links to an article in its search engine, it is often the equivalent of wiping the piece from the internet, even though the item may still exist on a little-trafficked website. Searchers won’t see a trace. “If people can manipulate the gatekeepers to make important and lawful information disappear,” said Daphne Keller, a former Google lawyer and now a program director at Stanford University’s Cyber Policy Center, “that’s a big deal.”
Google has automated much of the process of reviewing takedown requests, relying on techniques that don’t require human review, to enable removals at a large scale, said company spokeswoman Lara Levin. After the Journal shared its findings with Google, the company conducted a review and restored more than 52,000 links it determined it had improperly removed, she said. Google said its review identified more than 100 new abusive submitters, declining to discuss individual cases. Google “aims to strike a balance between making it easy and efficient for rightsholders to report infringing content while also protecting free expression on the web,” Ms. Levin said, adding that “there are bad actors who attempt to abuse the system” and that Google works to fight such abuse.
https://www.wsj.com/articles/google-dmca-copyright-claims-takedown-online-reputation-11589557001?mod=hp_lead_pos10