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Nassau County Legislator Sues Google for Promoting and Profiting from Child Pornography
5 May 2006 Meiselman, Denlea, Packman, Carton & Eberz, P.C., acting on behalf of Nassau County Legislator Jeffrey Toback, has filed a lawsuit against Google, Inc. (Nasdaq:GOOG) charging the internet search giant with putting Child Pornography profits ahead of the well-being of children and community members.
"This case is about a multi-billion dollar company that promotes and profits from Child Pornography," the complaint states, adding that Child Pornography "has become an obscenely profitable and integral part" of Google's business model. Child Pornography has been ruled illegal and banned by the federal government and all fifty states by statute.
The lawsuit -- filed in the Supreme Court for the State of New York in Nassau County -- charges that Google is "knowingly generating billions of dollars from the pornography trade and illicit profiteers, in intentional and reckless disregard of its legal duties and the well-being of our nation's children."
The suit notes that Google has been willing to accede to the demands of the government of China to block certain search terms there such as "democracy" and "Tibet" but "when it comes to the protection and well-being of our nation's innocent children, (Google) refuses to spend a dime's worth of resources to block Child Pornography from reaching children or to filter out search terms such as 'child pornography' or 'kiddie porn' or the content to which such terms lead."
The plaintiff, Jeffrey Toback, is a resident of Nassau County (Long Island, NY), who is married with three school-age children. He is also a Nassau County Legislator, representing the 7th Legislative district which includes Barnum Island, Bay Park, Cedarhurst, East Rockaway, Harbor Isle, Hewlett, Hewlett Bay Park, Hewlett Harbor, Hewlett Neck, Inwood, Island Park, Lawrence, Oceanside, South Valley Stream, Woodmere and Woodsbough.
His lawsuit charges that Google, a multi-billion dollar business based in Mountain View, CA, "makes its money, in part, by facilitating deviant criminals in the procurement, transfer and marketing of illicit and patently illegal material, including child pornography and other obscenity that is banned under federal and state law."
The complaint -- available to media upon request -- states that "Google generates billions of dollars of company value directly from permitting access to and doing advertising business with distributors of illegal content." The suit adds that Google "continues to put its economic gains ahead of the interests of America's children and their care givers."
"This case is not about denying First Amendment speech," said Mr. Carton, who filed the suit along with fellow Meiselman Denlea attorney David J. Meiselman. "The action is being brought by concerned community members seeking to prevent illegal content from being searched and accessed." The complaint also firmly states that the plaintiffs do not seek to abate or redress any harm or seek any remedy that implicates any consenting adult's right to view or distribute legally protected content or speech.
The plaintiffs state that Google "owns perhaps the most valuable real estate on the Internet" and that the proprietary automated search technology on the Google web site allows a user to obtain instant access to desired websites and content by simply typing one or more search words. The suit further states that Google's website is valued in the billions of dollars because, in addition to providing the user with the desired search results, it also posts advertisement and sponsorship banners, along with links to advertisers' websites that are sorted and appear on screen based on relevant subject matter or presumed user interest, including pornography.
Google's search capability "is so simple and easy that even a child can use it. "Unfortunately," the suit continues, "this is the unabated injury and harm that (Google) has, in fact, facilitated, aided and abetted, in dereliction of its legal duties."
Simple searches on Google not only turn up results that provide easy access to Child Pornography that is readily available for minors to view but also, alarmingly, reveal "sponsored links" that are obscene and illegal from which Google generates sponsorship revenue.
The complaint compares Google as a landlord of an "Internet mall" to the landlord of a shopping center mall. The plaintiffs charge that Google has a duty, like any other landlord, to insure that criminal activity and other hazardous conditions are not permitted to go unabated and to cause damages to its users.
As a remedy, the suit asks that Google be compelled to:
-- Prohibit on its Google site links or advertising relating
to websites that display, market or otherwise provide illegal
access to Pornography.
-- Prohibit access through the Google site to pornographers and
traders in illegal pornography.
-- Comply with state and federal statutes relating to Child
Pornography, including, without limitation, the Protection of
Children from Sexual Predators Act of 1998, which obliges Google
to report violations of child pornography and obscenity laws.
-- Post warnings to purveyors and distributors of Child Pornography
that their criminal activities are subject to monitoring and
reporting to law enforcement agencies.
-- Provide filters and all other available technology to concerned
Google site users to block the display and access to Child
Pornography.
Source: primezone
All trademarks and copyrighted information contained herein are the property of their respective owners.
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