Flagging the Middle Ground of the Right to Be Forgotten: Combatting Old News with Search Engine Flags

Hannah L. Cook · 20 Vand. J. Ent. & Tech. 1

Abstract

Incomplete and outdated news articles present an increasing problem for individuals who find themselves stigmatized on the basis of truthful but misleading reports. This Article proposes a moderate solution between the European right to be forgotten and the protectionless status quo in the United States. It proposes a flagging system, administered through Federal Trade Commission adjudications, where links to articles whose private harms outweigh their public benefits are flagged in the search results of an individual. This flag will help combat psychological biases that may cause decision makers to place an irrational weight on these articles while preserving the ability of the public to access the information.