The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
The Takedown Requests Just Keep on Coming
As I wrote Oct. 28,
Kelly Hyman is a lawyer, frequent FoxNews.com contributor, and a media and Twitter commentator in this year's presidential campaign. She had also (in Hyman v. Daoud) sued her father, a disgraced former Miami Beach mayor, over a real estate transaction. And, for several years, there have been attempts to vanish from the Internet various materials related to that dispute—including attempts to vanish news stories about it, including my own articles.
On Oct. 17, I got an e-mail related to the latest such attempt: …
In that post, I noted that the then-latest attempt was seemingly backed by a Mar. 13, 2024 court order that ordered the removal of various items, including my articles. But, as I noted later on Oct. 28, the court vacated that Mar. 13 order (in response to Marc Randazza's motion on my behalf), at least as applied to anyone other than Daoud, the defendant in that case.
Well, Dec. 3 and Dec. 4, Google was sent two [UPDATE: three] deindexing requests that dealt with articles related to Hyman v. Daoud. Both attached the Mar. 13 order, which had been largely vacated by then, as a supporting document, without noting the Oct. 28 vacating order. One deindexing request targeted 40 articles, including several of mine, as well as several from the Miami Herald, CBS News, and more:
https://reason.com/volokh/2020/11/24/an-odd-response-from-one-of-the-lawyers-in-thekelly-hyman-v-alex-daoud-case/
https://reason.com/volokh/2020/11/24/overbroad-injunction-used-to-try-to-vanish-articlesabout-daughters-property-lawsuit-against-father/
https://reason.com/volokh/2023/12/14/attempt-to-vanish-my-article-about-attempt-tovanish-my-article-about-attempt-to-vanish-other-articles/
https://reason.com/volokh/2023/12/14/attempt-to-vanish-my-article-about-attempt-tovanish-my-article-about-attempt-to-vanish-other-articles/Attempt
https://reason.com/volokh/2023/12/14/attempt-to-vanish-my-article-about-attempt-tovanish-my-article-about-attempt-to-vanish-other-articles/printer/Another Attempt to Vanish My Posts About Kelly Hyman v. Alex Daoud—Seemingly Backed by Court Order
https://reason.com/wp-content/uploads/2020/11/HymanvDaoud.pdf …
https://www.cbsnews.com/miami/news/notorious-father-faces-eviction-by-daughter/ …
https://www.dailymail.co.uk/news/article-2672285/Disgraced-former-Miami-Beach-mayorcourt-battle-daughter-million-dollar-home.html …
https://www.law.com/dailybusinessreview/almID/1202676995842/
https://www.leagle.com/decision/inadvflco180130001335
https://www.miamiherald.com/news/local/community/miami-dade/miami-beach/article1972934.html …
The other deindexing request targeted 10 of those pages, including three of mine. [UPDATE: There was also a third deindexing request, which targeted 8 of those pages, including three of mine; it was also submitted Dec. 4, but was just posted on Lumen today, Dec. 11.] As best I can tell, Google didn't act on either request. (An earlier request, sent directly to CBS, may have gotten the local CBS affiliate to remove its article on the matter; I'm trying to look into that.) Certainly all the attempts to deindex my articles about the matter have failed to get those articles hidden or removed. Indeed, they have just led to further articles about the deindexing attempts.
Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of Reason.com or Reason Foundation. We reserve the right to delete any comment for any reason at any time. Comments may only be edited within 5 minutes of posting. Report abuses.
Please
to post comments
Who do you think is making the deindexing requests?
Christina Cameron. You can see the requestor on the deindexing request link.
That is the name listed on one of the requests. But such names aren't verified by Google or Lumen; and even if it is the name of the person who actually submitted it, that doesn't tell us who actually commissioned the request. (It might, for instance, be the name of a subordinate, or a contractor, or someone working for a reputation management company.)
What are the legal consequences, if any, for submitting a request under a false name? This *is* interstate...
And how does a Florida(?) court, state or Federal, have jurisdiction over you if you've never been in Florida and own nothing there?
None whatsoever. Do you think Google is the government?
No, he didn't claim Google was the government.
I'm not sure if there's any potential offense here, but acting across state lines does widen the exposure to any federal law that might address such behavior.
I know he didn't claim Google was the government; if he had, I wouldn't have needed to ask whether he thought it was. I just couldn't figure out why he thought that using a pseudonym when asking Google to deindex something could have "legal consequences." Lying to the government about anything, including one's name, might have such consequences, so I wondered if he thought Google was the government.
"None whatsoever. Do you think Google is the government?"
Donald Trump should hire you for his defense in the civil financial statements case.
I e-mailed Ms. Hyman for a statement about the deindexing requests, and got a response from her lawyer, telling me to stop bothering her (and him). The likeliest inference from that, I think, is that the requests were indeed authorized by her, since I assume that, if she hadn't authorized them, she (or he) would have so said. But I can't be sure, of course.
Thanks. These people are ridiculous. Haven't they heard of the Streisand effect?
Maybe they figure eliminating 90% of the most popular links is worth enhancing the 10% least popular. Or maybe the lawyer is just finding new billable hours.
In principle, maybe, but I don't think they succeeded with most of the links. And in any event, they must know, based on past experience, that including my links in particular isn't going to get them eliminated.
Dear Ms. Hyman:
I feel that you should be aware that some asshole is attaching your name to stupid takedown requests.
Very truly yours.
Is this posting with the reference to the above "targeted articles" possibly subject to a successful "deindexing request" ? And, (I have not attempted to research) are not each of the "targeted articles" filed with the court as exhibits (full copy/content) and thus publicly available ? ...
If there are false statements within one of more articles it seems Hyman should be suing for defamation - libel (damages) and relief (retraction) (?).
Oh, brave new world, that hath such people in it.
And it looks as though Luigi Mangione is the "Robin Hood" of the day.
Hey, folks, have some xmas spirit and send IJ some money. I'm gonna. They're my heroes. Of course all the lawyers in VC are too.