Emily LaidlawEmily Laidlaw

PhD CandidatePhD Candidate

London School of EconomicsLondon School of Economics

Week ending 10/09/2010 Most Visited Sites UK Week ending 10/09/2010 Most Visited Sites UK (Hitwise):(Hitwise):

Google UKGoogle UK FacebookFacebook eBayeBay Windows Live MailWindows Live Mail YouTubeYouTube BBC HomepageBBC Homepage MSN UKMSN UK BBC NewsBBC News WikipediaWikipedia Yahoo!UK & IrelandYahoo!UK & Ireland

UK Stats (Hitwise Oct UK Stats (Hitwise Oct 2010) (volume)2010) (volume)

US Stats (Nielson US Stats (Nielson January 2010)January 2010)

Google UK 88.19% Google UK 88.19% (78.73% based on (78.73% based on visits)visits)

Google.com 3.53% Google.com 3.53% (6.98%)(6.98%)

Bing 3.05% (3.53%)Bing 3.05% (3.53%) Yahoo! UK 2.65%Yahoo! UK 2.65% ASK UK 1.34%ASK UK 1.34%

Google 67.3%Google 67.3% Yahoo! 14.4%Yahoo! 14.4% MSN/Windows MSN/Windows

Live/Bing 9.9%Live/Bing 9.9% AOL 2.5%AOL 2.5% Ask 1.7%Ask 1.7%

How does Google determine How does Google determine rankings?rankings?

How are people/businesses impacted How are people/businesses impacted by rankings?by rankings?

What should its’ legal responsibilities What should its’ legal responsibilities be for their rankings? be for their rankings? Public interest? Public interest? Human Rights?Human Rights?

““The reason that we think of the Internet The reason that we think of the Internet not as a chaotic wasteland, but as a not as a chaotic wasteland, but as a vibrant, accessible place, is that some vibrant, accessible place, is that some very smart people have done an very smart people have done an exceedingly good job of organizing it.” exceedingly good job of organizing it.” James Grimmelmann 2007James Grimmelmann 2007

Control information flowsControl information flows Shape public opinionShape public opinion Categorize consumptionCategorize consumption

High rankings when don’t want it; High rankings when don’t want it; (right to be forgotten)(right to be forgotten)

Low rankings when want high Low rankings when want high (businesses going under);(businesses going under);

Manipulation of Rankings:Manipulation of Rankings: Search Engine Optimization;Search Engine Optimization; Google BombingGoogle Bombing

Don’t fit into any traditional categories:– in Don’t fit into any traditional categories:– in media terms, they aren’t quite newspapers media terms, they aren’t quite newspapers or broadcasters. or broadcasters.

Sui Generis?Sui Generis? Problems with imposing duties:Problems with imposing duties:

Upset market balance;Upset market balance; Imposed innovation/diversityImposed innovation/diversity

In crafting where to go in regulatory terms In crafting where to go in regulatory terms the question is how search engines affect the question is how search engines affect the public interest and human rights.the public interest and human rights.

1.1. Algorithm DesignAlgorithm Design

Entrenchment;Entrenchment; SEOSEO Google BombingGoogle Bombing Filtering mechanisms;Filtering mechanisms; Third party trademarksThird party trademarks

2. 2. Manual Manual ManipulationManipulation

Paid PlacementsPaid Placements Complaints and RemovalComplaints and Removal Removal at search engine Removal at search engine

behestbehest SearchKing v GoogleSearchKing v Google Kinderstart v GoogleKinderstart v Google Roberts v GoogleRoberts v Google

What are search engines’ human rights What are search engines’ human rights responsibilities?responsibilities?

Whose rights? Search Engine rights vs. Users rightsWhose rights? Search Engine rights vs. Users rights

Is article 10 even engaged?Is article 10 even engaged?

Who regulates the rights? Whose responsibility? Who regulates the rights? Whose responsibility?

What is the best regime going forward? Private or What is the best regime going forward? Private or state or some combination thereof?state or some combination thereof?

Commercial Speech vs User SpeechCommercial Speech vs User Speech

SearchKing SearchKing v v GoogleGoogle Kinderstart Kinderstart v v GoogleGoogle Roberts Roberts v v Google, Yahoo! And MicrosoftGoogle, Yahoo! And Microsoft Langdon Langdon v Googlev Google

Whose Right to Free Whose Right to Free Expression?Expression?

Is Article 10 engaged?Is Article 10 engaged?

10(1) Everyone has the right 10(1) Everyone has the right

to freedom of expression. to freedom of expression. This right shall include This right shall include freedom to hold opinions freedom to hold opinions and to receive and impart and to receive and impart information and ideas information and ideas without interference by without interference by public authority and public authority and regardless of frontiers. regardless of frontiers. This article shall not This article shall not prevent States from prevent States from requiring the licensing of requiring the licensing of broadcasting, television broadcasting, television or cinema enterprises.or cinema enterprises.

Search engines make Search engines make

information more information more accessible;accessible;

They are not content They are not content providers;providers;

They shape They shape engagement in engagement in democracy and democracy and participation in the participation in the public sphere.public sphere.

Other IssuesOther Issues

Article 6Article 6 Is there an Is there an

entitlement to a fair entitlement to a fair and public hearing?and public hearing?

Are search rankings Are search rankings a determination of a determination of civil rights?civil rights?

Do complaints Do complaints concerning search concerning search rankings qualify as rankings qualify as a dispute? a dispute?

Framework Framework Directive article Directive article 1(3)a “Internet 1(3)a “Internet Freedom Provision”Freedom Provision” Does this cover Does this cover

search engines?search engines? Is there a right to a Is there a right to a

fair procedure in fair procedure in determinations determinations about information about information access or access or accessibility?accessibility?

To delete information from search results: To delete information from search results: complain to website owner, contact complain to website owner, contact Google re caching.Google re caching.

To complain about a low ranking: To complain about a low ranking: To search engine provider (no complaints To search engine provider (no complaints

procedure akin to a hearing);procedure akin to a hearing); Global Network Initiative? No complaints Global Network Initiative? No complaints

procedure as of yet.procedure as of yet. Lawsuit (long and expensive).Lawsuit (long and expensive). Do nothing.Do nothing.

OptionsOptions

1.1. Recognition of the public function of search engines Recognition of the public function of search engines and our dependence on them. Values:and our dependence on them. Values:

Consistency in decision making;Consistency in decision making; A degree of transparency;A degree of transparency; Respect for User Dignity;Respect for User Dignity;

2. Recognize it as a human rights issue.2. Recognize it as a human rights issue.

How to operationalize these values? A Right to be How to operationalize these values? A Right to be Heard aka complaints mechanism.Heard aka complaints mechanism.

Internal codes fail to set standards;Internal codes fail to set standards; CSR codes are of more discursive and moral force;CSR codes are of more discursive and moral force; Mixed-regulatory approach optimal.Mixed-regulatory approach optimal.

Emily Laidlaw, PhD Emily Laidlaw, PhD Candidate, London School Candidate, London School

of Economicsof Economics

e.b.laidlaw@lse.ac.ukwww.laidlaw.eu

http://twitter.com/EmilyLaidlaw