California
28 July 2017
Reporter: Barney Dixon

Google to challenge delisting order in the US


Google has filed a First Amendment complaint in the US, challenging a Canadian Supreme Court ruling that has forced Google to remove a website from its search results worldwide.

The complaint, which was filed in the US District Court for the Northern District of California this week (24 July), argued that the Canadian decision violates the First Amendment to the Constitution and the Communications Decency Act.

Google said in the complaint: “The Canadian order is repugnant in [the First Amendment and Communications Decency Act], and the order violates principles of international comity, particularly since the Canadian plaintiffs never established any violation of their rights under US law.”

It added: “Google seeks a declaratory judgment that the Canadian court’s order cannot be enforced in the United States and an order enjoining that enforcement.”

Google previously raised these concerns with the Canadian Supreme Court, but judges said it was up to the US.

The Canadian Supreme Court’s decision last month forced Google to remove the website of Datalink Technology Gateways from its search results, after the distributor was found to have unlawfully resold the products of network device manufacturer Equustek Solutions.

Equustek had asked Google to delist the site in 2012, but Google refused unless Equustek obtained an injunction.

The Supreme Court of British Columbia granted the injunction, but Google only removed the website from its google.ca searches. Equustek took the complaint to the Canadian Supreme Court.

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