The Privacy Trial of the Century is already waving jail time at three current Google execs and its former chief financial officer. And now there's an added complaint against the company itself.

In September 2006, someone posted a three-minute cell-phone video to Google's Italian website in which four Turin teenagers make fun of a classmate with Down's Syndrome. And in July, after two years of investigation, Italian authorities filed criminal charges against four Google execs. The four are charged with defamation and failure to exercise control over personal data.

The trial of the Google execs was set to begin this week in Milan, but after a short hearing the judge delayed proceeding until February 18. During the hearing, the City of Milan filed a complaint against Google itself. An Italian legal mind tells the IAPP that local law allows public entities to file for compensation when a claim involves someone with disabilities.

The video in question showed a 17-year-old with Down's Syndrome as four other 17-year-olds hit him over the head with a box of tissues. It was uploaded on September 8, 2006, and almost a month later, Google received two takedown notices - one from an individual user and one from the Italian Ministry.

The search giant removed the video within a day of receiving the complaints. But Italian authorizes argue that company execs broke the law by allowing the posting in the first place.

Google declined to discuss the trial, but provided the following statement: As we have repeatedly made clear, our hearts go out to the victim and his family. We are pleased that as a result of our cooperation the bullies in the video have been identified and punished. However, we feel that bringing this case to court is totally wrong. It's akin to prosecuting mail service employees for hate speech letters sent in the post. What's more, seeking to hold neutral platforms liable for content posted on them is a direct attack on a free, open internet. We will continue to vigorously defend our employees in this prosecution.

TBack in 2006, a group of four Turin youths insulted and physically abused a young classmate with Down syndrome so severely that the terrified boy soiled his pants. One of the four filmed 191 seconds of the unsettling episode and uploaded it to Google Video, where it remained for about two months before the company finally pulled it.

Now, two and a half years later, a judge working from a dusty and worn Fascist-era courtroom in Milan will help decide whether companies like Google Video should be responsible for the content they host. At stake could be the way business on the Internet evolves over the coming years.

A hearing on Wednesday confirmed that Italy is a legitimate venue for the trial, and a further hearing is scheduled for next month.

See article from reuters.com

An Italian court has delayed a case against search giant Google, which could have major ramifications for content providers around the globe.

At the heart of the case is a debate about how much responsibility providers have for the content on their sites.

It centres around a video, posted on Google Italy, which showed a teenager with Down's Syndrome being bullied.

The case was delayed because an interpreter was ill and will now be resumed in September.

Four Google executives are accused of defamation and violating privacy, under Italian law, for allowing the video to be posted online.

Prosecutors argue that Google did not have adequate content filters or enough staff to monitor content.

Three Google executives were convicted in Italy of allowing film of an autistic schoolboy being bullied to be posted online in a ruling that could profoundly change the way in which video clips are put on the internet.

The three Google executives — David Drummond, senior vice-president and chief legal officer, George Reyes, Google's former chief financial officer, and Peter Fleischer, global privacy counsel — were each given a six-month suspended prison sentence, but were cleared of defamation charges. A fourth defendant, Arvind Desikan, senior product marketing manager, was acquitted.

Alfredo Robledo, the prosecutor, said that he was very satisfied with the verdict in the case, adding: Protection of human beings must prevail over business logic. Robledo said that the video, which was posted on September 8, 2006, had remained online until November 7 and should have been taken down immediately.

Google said that it would appeal against the ruling. The American company said that the decision attacked the principles of freedom on which the internet is built. Bill Echikson, a Google spokesman, said: It's the first time a Google employee has been convicted for [violation of] privacy anywhere in the world. It's an astonishing decision that attacks the principle of freedom of expression.

Italian bloggers also criticised the verdict, with one blogger on the La Stampa website declaring: From today we are less Western and more Chinese.

Matt Sucherman, vice-president of Google and its deputy general counsel for Europe, the Middle East and Africa, conceded that the video was totally reprehensible, but said that Google had taken it down within hours of being notified of it by Italian police and that none of those convicted had had anything to do with it. He said: They did not appear in it, film it, upload it or review it. None of them know the people involved or were even aware of the video's existence until after it was removed.

Sucherman said that the ruling by the judge, Oscar Magi, meant that employees of hosting platforms like Google Video are criminally responsible for content that users upload. If social networks and community bulletin boards were held responsible for vetting every single piece of content that is uploaded to them — every piece of text, every photo, every file, every video — then the web as we know it will cease to exist and many of the economic, social, political and technological benefits it brings could disappear.