Monday, September 8, 2014

Short Assignment 1

Dennis Baron's The right to be forgotten 

          In Dennis Baron’s The right to be forgotten, he begins by introducing the concept of the Internet being a place where once something is posted online, it is gone forever. By that he means that once something is uploaded, it can be copied, archived and sent to anyone, without the authors knowledge. He makes himself relatable to the audience by using examples that are easy to follow and understand. After saying that the Internet is a black hole of sorts, he states that a study showed much online information is lost within a year. He then relates to the audience by saying, “And we’ve all had the frustration of failing to find something that we read online just the week before” (Baron). Baron introduces this concept of everything being lost on the Internet with a quote from the Roman poet Horace. Horace advises young writers not to put their words out into the world too soon. “The word, once sent, can never be recalled” (Baron). This is still true today, but in a more modern sense of email and social media. The exigency of this article is that people have a right to privacy, but when things are posted on the Internet, it is hard to keep things private.
In Grant-Davie’s article Rhetorical Situations and Their Constituents, he states that exigence is the matter or motivation of the discourse. Grant-Davie states that readers should be asking not only why is the discourse needed, but also what it is about and what it should accomplish. Also in Grant-Davie’s essay, he defines the rhetorical situation as “a situation where a speaker or writer sees a need to change reality and sees that the change may be effected through rhetorical discourse” (Grant-Davie 265). In this essay, I believe that Baron is attempting to change the idea that everything is private, especially with the growth of the Internet.
As an example for this concept of nothing being forgotten, he explains the case of Google v. Costeia. He explains in 1998, the Barcelona newspaper La Vanguardia published an announcement that Mario Costeja Gonzalez’s real estate was seized and would be auctioned off. Then, eleven years later, Gonzalez found that anyone searching for him via Google could see this post. He then sued both the newspaper and Google to have the article removed, along with any links to it. He claimed that it was no longer relevant to him and could hurt his future endeavors. Baron states, “Google v. Costeja Gonzalez represents a sweeping defense of Internet privacy, but it’s also a blow to free speech online” (Baron).
            Baron then explains that, “The European Charter guarantees both free speech and an explicit right to privacy. In its deliberations, the European Court of Justice found that there is also a right to be forgotten implicit in the right to privacy” (Baron). This right to be forgotten trumps the competing rights of journalists to express themselves. The Court ruled that Google must take down its links to that notice but that the newspaper has a right to keep the article in their archives.
Because of this ruling, search engines must now respond to any requests to remove the link, even if the information is true. The European Court of Justice made it clear that not every case is honored and the decision will be made case-by-case. Baron writes that recently the issue became more complicated, “the European Commission has drafted a new General Data Protection Regulation, on track for adoption later this year, that will take what is now an implied “right to be forgotten" and encode a new "right to be forgotten and to erasure" into EU law” (Baron). This means that instead of just having to delete links to the information, the information itself would have to be deleted as well. In the case of Gonzalez, Google would have to erase the links and the newspaper would have to delete the article from its archives.
The European Commission’s fact sheet shows critics that this right to be forgotten does not allow privacy to trump all other laws. The fact is that Google, or any other company, will decide case-by-case which items to remove. Baron explains that the sheer weight of the task means that there will not be an even number of requests approved, but rather a random decision. He finishes up the article by saying that Gonzalez will no longer be known as a guy with past debt, but he will be known as the guy who sued Google and won.
The intertext of this article comes more from court case filings and information about the laws that were involved. The text is fact based and taken from other articles, such as the debt announcement, as well as the statements of the Court. The rhetorical situation overall in the article is that while people do have this right, it pans out to be much more complicated than that. Baron’s exigencies fit well with the information that Grant-Davie gives in his article. He saw the situation that could be changed and went for it. Baron gives his audience the information to make their own decisions on the subject, while still giving facts that are important to make said decision.












Sources:
Baron, Dennis. "The Web of Language." The Web of Language. N.p., n.d. Web. 08 Sept. 2014.
Grant-Davie, Keith. "Rhetorical Situations and Their Constituents." Rhetoric Review 15.2 (1997): 264-79. Web.

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