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[The American ethos is imbued with the belief in second chances—from immigrants who came to start over, to born-again Christians, to workers eyeing the promise of upward mobility. But for those who have committed indiscretions that have been stored in the endless archives of the internet, Google poses as an albatross around their necks. Noting this obstacle to redemption, some have called for a “right to be forgotten,” which would through law empower citizens to gain some degree of control over the content published and maintained about them online. This chapter analyzes the possible benefit and harm that would be incurred by such a policy. Pointing to evidence in the areas of criminal recidivism, medical malpractice, and sexual crimes, the chapter contends that a full-scale right to be forgotten is not in the best interest of communities, that the potential harm outweighs the potential benefit. As an alternative, the chapter advocates for a hedged right to be forgotten, which would take into account the severity of the misdeed that the subject would like to erase from public memory.]
Published: Jan 9, 2018
Keywords: National Practitioner Data Bank; Comprehensive Population Registries; Community Notification Laws; Takedown Requests; Arrest Record
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