US Court Shields Google from Canadian Court Order in Search Delisting Dispute

November 20, 2017

In Google LLC v. Equustek Solutions Inc., a United States district court enjoined the enforcement of an order by the Supreme Court of Canada that directed Google to remove content from Google search results. The Canadian order covered results not only from searches done in Canada, but also in the United States. The U.S. district court’s rejection of the Canadian order is worth reviewing because it sheds light on an emerging issue: the circumstances under which U.S. courts might or might not be willing to enforce orders from the courts of other states in cases affecting the speech rights of Internet search providers. The issue could be relevant to future attempts to enforce European adjudications involving the so-called “right to be forgotten” doctrine or “right of erasure” in American courts. EU authorities have determined that in some cases enforcing the ‘right to be forgotten’ can require the delisting of search results, a remedy that the EU’s courts may well decide to apply extraterritorially.

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