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Re:Google refuses to pay French privacy fine in a battle of ... by chris_wot on Friday February 07, 2014 @09:48AM (#7196442)
Well this isn't going to go well for Google. At least I sure hope it doesn't. When corporations trump nation-states, we're all screwed.
Re:Google refuses to pay French privacy fine in a battle of ... by finch_ on Friday February 07, 2014 @10:01AM (#7196499)
So then I suppose Google should have just given in to the Chinese government's demands for censorship, or the US government's demands for access to private data?
Re:Google refuses to pay French privacy fine in a battle of ... by buro9 on Friday February 07, 2014 @10:10AM (#7196548)
Yes.

I don't agree with either of those things, but there is a point at which globalisation comes into conflict with sovereign nations.

The status of a company is one that is granted to it by a sovereign country, and sovereign countries establish through their legal and government systems how companies can act within their borders.

Once you're there... yes, Google should comply to any legal request. And in fact, they do... as requests for data issued under legal order are in fact complied with.

Companies are not above the law (and laws tend to exist at country level or through treaty across many countries). And if the law of a country says pay, then Google need to pay unless another law can trump it and says not to pay.

There's no two ways about it, companies must comply with the laws of whatever land they operate in.

Re:Google refuses to pay French privacy fine in a battle of ... by EthanHeilman on Friday February 07, 2014 @10:27AM (#7196625)
What gives the state's law making capacity the magical ability to trump morality and ethics?

There exist laws so hideous and offensive to human dignity, that they should never be obeyed.

EDITED: I am not talking about the google privacy case specifically, previous posts in this thread had widened the scope beyond this point.

Re:Google refuses to pay French privacy fine in a battle of ... by ryguytilidie on Friday February 07, 2014 @10:33AM (#7196651)
Fair enough to make this argument, but I wouldn't call a fine for violating privacy laws as an example of "laws so hideous and offensive to human dignity, that they should never be obeyed." by any means...
Re:Google refuses to pay French privacy fine in a battle of ... by chris_wot on Friday February 07, 2014 @10:29AM (#7196633)
Agreed. If you feel that you cannot obey those laws, you should cease doing business in that country.
Re:Google refuses to pay French privacy fine in a battle of ... by EthanHeilman on Friday February 07, 2014 @10:33AM (#7196654)
What if that is the sole country you do business in and you are legally forbidden from closing your business (as can happen to a business that produces essential war materials)?

The problem that is that companies are not above the law, but they are even less above ethics. The primary reason that we argue that companies should follow the law is ethics and when ethics and the law are in conflict ethics always trumps the law.

Re:Google refuses to pay French privacy fine in a battle of ... by wavefunction on Friday February 07, 2014 @11:18AM (#7196969)
You're running a hypothetical munitions factory whose sole client is the government and you're worrying about the ethics and morality of having to comply with the laws of that country?

Let's worry about the morals and ethics of operating that munitions factory before we get concerned with "unjust" laws.

Re:Google refuses to pay French privacy fine in a battle of ... by chris_wot on Friday February 07, 2014 @11:14AM (#7196943)
That's an extreme situation. I would disobey this law.
Re:Google refuses to pay French privacy fine in a battle of ... by serge2k on Friday February 07, 2014 @10:24AM (#7196608)
Google has every right to present their argument to a court. This is how law works.
Re:Google refuses to pay French privacy fine in a battle of ... by finch_ on Friday February 07, 2014 @10:36AM (#7196671)
To be clear, I'm not saying that Google should break the law. Instead, I'm saying that it's clearly the case that there are some bad laws in the world, and that its perfectly reasonable for companies to engage in advocacy to have those laws changed, rather than just rolling over and accepting them, for example the way that American tech companies have been releasing reports on the requests for data that they receive from the government in order to raise awareness of the issue.

I'm not even saying this necessarily applies to this exact situation - maybe the laws in France that Google was in violation of are good laws, in which case hopefully Google loses its appeal.

It's just ridiculous to say that companies should always just do whatever government tells them to do without question.

Re:Google refuses to pay French privacy fine in a battle of ... by chris_wot on Friday February 07, 2014 @10:13AM (#7196554)
No. They should stop trading in such countries if they don't like the laws.
Re:Google refuses to pay French privacy fine in a battle of ... by mildtrepidation on Friday February 07, 2014 @10:35AM (#7196667)
Which is true -- just like the idealistic interpretations here of the reason laws and governments exist -- but neither are really based in reality.

Since "just stop doing business there" often isn't a realistic option for most businesses, big or small, you do what you can to work within the law while attempting to retain what seems to you a reasonable standard of ethics. That's a very gray position, but that's how the world is.

When politics and legislation are ideal and unchanging, then you can expect corporations to consistently comply with all laws in all places. Until then, it's unreasonable to make statements like this. It is, of course, your right to do so; just don't make the mistake of believing it reflects how business and government actually work.

Re:Google refuses to pay French privacy fine in a battle of ... by hatred on Friday February 07, 2014 @10:35AM (#7196665)
It's a bigger problem then that. Laws are not exactly straight white strings which you know everything about when you set foot on some country to begin operations. If some country takes you to task on some ridiculous convoluted third world laws ( may be I am exaggerating here ) , a company has every right to present its views in court rather then just suck it up for the sake of abiding by the law. Also, once you have set up operation in a country it is very hard to move out since it risks putting your millions of users off who have got used to your product.
Re:Google refuses to pay French privacy fine in a battle of ... by nraynaud on Friday February 07, 2014 @10:55AM (#7196814)
Yeah, a third world law asking them to tell their users exactly what they will do with personal data they will send to a country that has notoriously no legal protection for them and a very active market in personal data and identity theft.

In this case, having google comply to the most restrictive law of the countries they are operating in would benefit the rest of the world. They are not asked to come to work naked. They are asked to explain their users who will be able to know of their secret homosexuality or the brand of their car.

Re:Google refuses to pay French privacy fine in a battle of ... by nicholassmith on Friday February 07, 2014 @10:36AM (#7196677)
As far I remember they did self-censor for a while, then pulled services over to Hong Kong to get around the laws instead.
Re:Google refuses to pay French privacy fine in a battle of ... by route66 on Friday February 07, 2014 @10:03AM (#7196512)
Don't worry, (US) corporations will be able to sue (EU) states soon when they don't like their laws [1] . Line of argumentation: "Europe has an unreasonably high standard [in it's protective laws], and not one based on science" [2]

[1] http://www.euractiv.com/specialreport-eu-us-trade-talks/liti...

[2] https://www.youtube.com/watch?v=wcoue-mlQxw&t=58

Re:Google refuses to pay French privacy fine in a battle of ... by mjburgess on Friday February 07, 2014 @10:10AM (#7196546)
Even so, this issue has nothing to do with a corp suiting a state. Any one can sue a state if its under some larger (eg. federal) umbrella.

Google are suing France because they conform to EU Law rather than French law, and would like European courts to resolve the issue.

Re:Google refuses to pay French privacy fine in a battle of ... by ldng on Friday February 07, 2014 @10:39AM (#7196698)
Well I am not sure what the result would be. The problem is that Americans see EU Directives as if they were Federal US law. They're not.

The EU can issue Directive, that laws that represent the strict minimum to comply. Then the individual state has to actually pass a national law that implements the directive.

Three options here. The state does not want to implement the law and get fined. The state implements the law following closely the Directive. Or it can go further than the directive, like, in the case of the French privacy law, add more requirements.

Our system as flaws but I'm not to kind on Google messing around it. It could very well set an unfortunate precedent. EU Directive are sometimes quite weak so it would be a problem to me that instead of representing the min they end up representing the max requirement.

Google is suing because they want EU to invalidate the French law. But I don't see how it could happen since AFAIK the French privacy laws predate the Directive by a quite large amount. Right now I think EU can only overrule a state law if it does not offer minimal citizen protection or if there are contradictions with the Directive. Not if they offer more protection.

As for a treaty allowing US corps to invalid EU Directives ... well, good for you but we still have national laws. I don't see how the invalidation of a Directive would invalidate automatically national law.

I might be wrong though. Would love input from someone more knowledgeable on the matter.

Re:Google refuses to pay French privacy fine in a battle of ... by masklinn on Friday February 07, 2014 @12:09PM (#7197331)
> But I don't see how it could happen since AFAIK the French privacy laws predate the Directive by a quite large amount.

And more importantly goes further than the directive in protecting citizen's rights. By comparison the french "garde à vue" — a form of police custody — is also ancient but it restricts citizen's defence rights far below the mandatory minimum and has gotten repeatedly hammered by the ECHR both indirectly (via similar turkic cases e.g. Salduz v Turkey and Dayanan v Turkey) and directly (e.g. Brusco v France, Vassis v France) as France (incorrectly) refused to consider the turkic cases applicable.

Re:Google refuses to pay French privacy fine in a battle of ... by p4bl0 on Friday February 07, 2014 @10:26AM (#7196622)
From what I have understood they can't do that: they have no legal reasons to take the case to European court.
Re:Google refuses to pay French privacy fine in a battle of ... by nraynaud on Friday February 07, 2014 @10:46AM (#7196746)
nope, they can only argue that the French law that struck them is illegal under an EU law. The rest would fall under national sovereignty.
Re:Google refuses to pay French privacy fine in a battle of ... by joesmo on Friday February 07, 2014 @05:22PM (#7199169)
Since when did laws have to be based on science? That requirement would nullify most of the US's code and that of most states.
Re:Google refuses to pay French privacy fine in a battle of ... by nraynaud on Friday February 07, 2014 @10:40AM (#7196705)
that's exactly what they do in the WTO court about the GMO crop ban.
Re:Google refuses to pay French privacy fine in a battle of ... by eponeponepon on Friday February 07, 2014 @10:05AM (#7196519)
> When corporations trump nation-states, we're all screwed.

These days, I'm rather afraid that we've already reached that point - at least in the western world, most governments seem to have just become the corporations, infiltrated to the point of indistinguishability. I hope there's a way back, but I'm not particularly optimistic about it.

Re:Google refuses to pay French privacy fine in a battle of ... by chestnut-tree on Friday February 07, 2014 @06:50PM (#7199577)
"Well this isn't going to go well for Google. At least I sure hope it doesn't."

I sure hope it doesn't go well for Google either. It seems quite brazen, even arrogant, for Google to refuse paying a fine when it arguably tracks and records the behaviour of online users to an unprecedented degree. And Google does not tell users what they do with their data beyond the generic "we collect this information to improve services". What they do with your data and how they use it is different from simply stating what is collected (which is all that their privacy policies actually say).

Just to be clear, I don't believe Google does sinister things with the data it collects, but that doesn't mean it's ok for a company to collect informaion about users unfettered. And no other company has such a voracious appetite to track and record users online.

The thought of anonymising your data is clearly too much for Google: http://arstechnica.com/tech-policy/2010/03/google-keeps-your...

Re:Google refuses to pay French privacy fine in a battle of ... by aragot on Friday February 07, 2014 @10:45AM (#7196737)
What happens if they don't pay and have no physical business in France? France to sue them in Ireland? French police to ask Ireland police for seizure? Are they really in a position of power to do that, and can they really recover a billion just by seizing an office?
Re:Google refuses to pay French privacy fine in a battle of ... by dkuntz2 on Friday February 07, 2014 @11:29AM (#7197051)
Google has offices in Paris.