Friday, January 05, 2007

Fundamental Right to Privacy?

Some Brazilian floozy super-model and her rich banker boyfriend who were secretly video taped "romping in the sea off Cadiz in Spain" have sued YouTube for not finding "a way to permanently block the intimate video from being uploaded on its servers" and won. Not removing the video could cost YouTube $119,000 per day, according the the couple's lawyer.

Now, that's pretty stupid, but further down in the BBC story (click the title) it gets better:
Lawyer Rubens Decousseau Tilkian, who represents Ms Cicarelli's boyfriend, told the Associated Press news agency that YouTube had not taken sufficient action to enforce the order as people kept re-posting the clip by constantly changing the name for the file.

"The internet is democratic and has to be defended, but this struggle is to have some level of control to avoid the violations of people's fundamental rights, like privacy and intimacy," Mr Tilkian told AP.
Two things here strike me as completely stupid.
  • (1) The lawyer just answered his own question, 'why doesn't YouTube do anything?' because 'people keep re-posting the clip by constantly changing the name'. How does he think the Internet works? A bunch of guys in a building in California checking everything that gets posted to look for what it is? No, that's not how it works, Mister Brazilian Lawyer. The Internet is made up of files with names and little descriptions. If someone changes the name and/or description of the file, a computer probably won't know its the same file.
  • (2) Where in the world is it written that people have a 'fundamental' right to 'privacy and intimacy'? Not in the United States Constitution and not in any of the Amendments. If Brazil (or 'Brasil' as the like to be called) actually has these fundamental rights, then they are soon to become the kiddie-porn capital of the world. "Yes officer? No, that's not kiddie porn on my computer, and my fundamental right to privacy says that you can't look to find out." Ya like that? I guess they already give 16 year olds boob-jobs on a regular basis, so it's the natural progression, right?
What a crock.


Pookie said...

Dude You Tube is making a profit off of this video via advertising. It was clear that they did not consent to the taping and that they did not wish it to be uploaded. You tube does have responsibility to keep this kind of material off of their site. Besides, these people are rich enough that $119,000 a day is not a big deal. I bet they just want YouTube to be serious about the removal of the video but we've talked about this.
P.S. Having sex with you boyfriend does not make you a floozie

mnthomp said...

But having sex with your boyfriend on a public beach does make you a floozy. Or at least an exhibitionist. But it remains that the things you do in public are, in fact, public. And public information is pretty tough to contain.

I am entertained that it was on the O'Reilly Factor though. And even Geraldo agreed with me. I think.

Pookie said...

Yea but Geraldo agreed with you. Does that really help your case ;op