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June 16, 2013

Google in State AGs Digital Piracy Crosshairs

CYBERSPACE—Google is blamed for a lot of what’s wrong with the world, probably with some justification, but whereas in the U.K. Google is increasingly being held up as a facilitator of child sexual abuse, in the States the tech giant is being called to account for supporting and profiting from digital piracy, which, while a far cry from the horrific crime of child (and adult) sexual abuse, is itself a form of economic rape. Two very recent examples indicate this dynamic in play. The first took place a little over a week ago, on June 6, courtesy of Mississippi Attorney General Jim Hood, who issued a press release “asking internet giant Google to substantially address issues on its internet site that are allowing consumers to obtain illegal and counterfeit goods, including the online sale of dangerous drugs without a prescription. “Attorney General Hood,” the release continued, “leads a group of national attorneys general who are concerned that Google’s search algorithm often leads to sites known to sell counterfeit goods being at the top of the Google search results. Additionally, attorneys general are concerned that some of the sites selling counterfeit goods are advertising with Google.” What is a tad different this time around from previous attempts by government entities to compel or convince internet service providers such as Google to clamp down on illegal activity on their networks is the fact that over time Google has shown the willingness and capability to target certain illicit content. (In addition to its newly-revealed willingness to allow the government access to its servers, something Google vehemently denies but which the government repeatedly says is a fact. Hm.) Hood’s press release notes, for instance, that “Google’s own policies on child exploitation state, ‘we block search results that lead to child pornography. This is a legal requirement and the right thing to do.’  However, Google also removes other types of content. For instance, Google removes content from its German portal that glorifies the Nazi party on google.de or insults religion on google.co.in in India. Why will Google not remove websites or de-index known websites that purport to sell prescription drugs without a prescription or provide pirated content? Content removal can be done, but it appears Google is unwilling to remove content related to the purchase of prescription drugs without a prescription or the downloading of pirated movies and songs.” The release contains several other specific examples of alleged inconsistencies on the part of Google, and ends with the rather disquieting assertion, “Google is aiding and abetting criminal activity and putting consumers at risk.  This is of grave concern to the chief law enforcement officers of this nation.” Across the country, another state AG has also cited Google in reference to a criminal case involving digital piracy. California Attorney General Kamala Harris, in a press release issued Friday announced the filing of “criminal charges and the arraignment of three brothers who face up to five years in prison for operating an illegal website that allowed users to watch bootleg versions of copyrighted television shows and movies.” It continued, “Hop Hoang, 26, Tony Hoang, 23, and Huynh Hoang, 20, all brothers, were arraigned in Alameda County Superior Court on Thursday, June 13 for allegedly operating the website mediamp4.com which allowed users to illegally stream more than 1,000 copyrighted television and movie titles on computers and mobile devices. The three have each been charged with one count of conspiracy, four counts of receiving stolen property and one count of grand theft.” The investigation into the brothers was initially instigated by The Motion Picture Association of America (MPAA), which looked into two other sites they operated and subsequently sent a cease and desist letter to the middle brother, Tony. That action caused the brothers to move to a new site, mediamp4.com. “The Attorney General’s office then initiated an investigation into mediamp4.com, executed a search warrant, seized property used in connection with the illegal operation and filed charges against the Hoang brothers,” the press release states. The scheme, though relatively small in scale, seems to have derived its revenue by way of Google Ads. “Over the 18 months of the website’s operation,” claims the release, “the brothers earned approximately $150,000 in advertising revenue. Hop Hoang allegedly confirmed that the brothers generated traffic to the website through Google search ads.” Harris’ quote in the release implies that this may not be the last case of this sort. “Digital piracy is theft,” she said. “It is a serious crime that harms one of California’s most important economic engines – our entertainment industry. This case sends a clear message that the California Department of Justice will investigate digital piracy and prosecute violators to the fullest extent of the law.”  Though neither of these examples involves adult content, few with knowledge of the issue would disagree with the notion that to the extent Google makes access to pirated content easy, what goes for the mainstream goose also goes for the porn gander.

 
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