The "right to be forgotten" is the natural outcome of three decades of self-inflicted pain. Some argue that deleting old e-mails is like re-writing history. Other, like me, argue that e-mail was born as an informal medium, different than, for example, a published book or factual evidence of a genocide. I contend that e-mail can only be included as evidence in court if the forensics are both sound and complete, because (most) e-mails can be easily fabricated. Would you like to be convicted by a fake e-mail? I guess not. Also, many of those "archives" have no legal or commercial value. They are not a book you can re-sell. Granted that, there are people who committed suicide out of shame, because they were the object of defamation or cyberbullying, things that move almost no one, until it happens to their children. A number of lawyers in the EU just couldn't pass by without taking notice. Both the US and the UN at some point will follow up, and make the world a better place.
On Wed, Nov 21, 2018 at 20:39, Anne P. Mitchell, Esq. <amitch...@isipp.com> wrote >> On Nov 21, 2018, at 12:03 PM, Bill Cole >> <sausers-20150...@billmail.scconsult.com> wrote: >> >> On 21 Nov 2018, at 13:03, Anne P. Mitchell, Esq. wrote: >> >>> Except for the private right of action provided in GDPR, and small claims >>> court in the U.S. >> >> Are you saying an EU law can create an actionable civil tort claim in a US >> state small claims court for actions which are not illegal under any US >> state or federal law? > > No, I'm saying that anybody can sue anybody for anything in the U.S., and > it's extremely easy to file an action in small claims court. It wouldn't even > have to be, technically, 'under' GDPR (as you mention, there is always tort) > - but GDPR would be the hook that they would use, and the authority (note I > said authority, not law) they would cite. > > That said, I think it's much more likely that the lawsuits already filed > against Google and Facebook by Max Schrems will be ones to test the > jurisdiction/enforcement issues. > > Anne > > Anne P. Mitchell, > Attorney at Law > GDPR, CCPA (CA) & CCDPA (CO) Compliance Consultant > Author: Section 6 of the CAN-SPAM Act of 2003 (the Federal anti-spam law) > Legislative Consultant > CEO/President, Institute for Social Internet Public Policy > Board of Directors, Denver Internet Exchange > Board of Directors, Asilomar Microcomputer Workshop > Legal Counsel: The CyberGreen Institute > Legal Counsel: The Earth Law Center > California Bar Association > Cal. Bar Cyberspace Law Committee > Colorado Cyber Committee > Ret. Professor of Law, Lincoln Law School of San Jose > Ret. Chair, Asilomar Microcomputer Workshop
