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Facebook and Google are arbitraging the data laws

As scandals over the misuse of personal information proliferate and data protection laws are tightened, technology companies are leaping to a surprising conclusion: they are publishers. Not always, of course, but when it suits them.

Facebook emphasised its role as a publisher with editorial discretion in a California court last week in an effort to block a lawsuit from a developer.

Google attempted something even more audacious in a UK case this year involving the “right to be forgotten” in search engine results. It laid claim to an exemption for publishers of journalism, art and literature under European law.

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