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By Peter Leung
Alphabet Inc.'s Google has asked a California federal court to block the enforcement of a Supreme Court of Canada order forcing the search giant to remove certain search results from its global database ( Google Inc. v. Equustek Solutions Inc. , N.D. Cal., No. 5:17-cv-04207, complaint filed 7/24/17 ).
In June, Canada’s top court said that Google must remove all search results for websites belonging to Datalink Technology Gateways Inc., because they were used to sell networking equipment containing Equustek Solutions Inc.'s misappropriated trade secrets. The court order applied to Google’s search engines all over the world, not just in Canada.
Google is seeking a declaration blocking enforcement of the Canadian judgment in the U.S., in a complaint filed July 24 in the U.S. District Court for the Northern District of California.
Google says that the delisting order violates First Amendment free speech protections, because it does not support any compelling or even substantial interest, and is too broad.
It also argues that enforcing the Canadian order in the U.S. would violate the principle of comity, the idea that countries should respect each other’s laws. Google said that the dissenting justices in the Canadian Supreme Court case raised the same concerns, and that enforcing the order also would violate various U.S laws.
The Canadian court order allows Equustek to later ask the court to order Google to modify its U.S. search results. That would allow the Canadian court to supervise U.S. law enforcement in actions against American citizens in the U.S., Google said.
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