A federal court in California has rendered an order from the Supreme Court of Canada unenforceable. The order in question required Google to remove
a company's websites from search results globally, not just in Canada. This ruling violates US law and puts free speech at risk, the California court found.
When the Canadian company Equustek Solutions requested Google to remove competing websites claimed to be illegally using intellectual property, it refused to do so globally.
This resulted in a legal battle that came to a climax in June, when the Supreme Court of Canada ordered Google to remove a company's websites from its search results. Not just in Canada, but all over the world.
With options to appeal exhausted in Canada, Google took the case to a federal court in the US. The search engine requested an injunction to disarm the Canadian order, arguing that a worldwide blocking order violates the First Amendment.
Surprisingly, Equustek decided not to defend itself and without opposition, a California District Court sided with Google. During a hearing, Google attorney Margaret Caruso stressed that it should not be possible for foreign countries to implement
measures that run contrary to core values of the United States.
The search engine argued that the Canadian order violated Section 230 of the Communications Decency Act, which immunizes Internet services from liability for content created by third parties. With this law, Congress specifically chose not to deter
harmful online speech by imposing liability on Internet services.
In an order, signed shortly after the hearing, District Judge Edward Davila concludes that Google qualifies for Section 230 immunity in this case. As such, he rules that the Canadian Supreme Court's global blocking order goes too far.
The ruling is important in the broader scheme. If foreign courts are allowed to grant worldwide blockades, free speech could be severely hampered. Today it's a relatively unknown Canadian company, but what if the Chinese Government asked Google to
block the websites of VPN providers?