Given Google’s dominance in search and the scope and integration of their Google Books product (hate to use the word product, but libraries have been converted into product here), we should be especially aware of their policies regarding what they will permit and what they will not permit in terms of inclusion in their full text digital library of eBooks for sale.
Call it censorship or call it collection maintenance criteria, but Google has a a set of Content Policies governing what kinds of materials publishers are allowed to include in the Google eBooks database. I have no criticism of these policies or the fact that they have them. Given the complexity of speech law and their legitimate interest in avoiding legal liability, they have no option but to have these policies in effect and to design them according to their lawyers’ most diligent work.
What I would argue is that because Google’s dominance of the market in certain respects gives them a degree of monopoly power, these policies are to an extent public policies and should be discussed in public fora, under the assumption that Google should be held, to a degree, publicly accountable for these policies, and conversely, that if the public has a role in shaping these policies, that the public itself also share a degree of accountability for their consequences.
The categories of Google’s Content Policies are: spam and malware; violent, threatening or disgusting materials; hate speech; sexually explicit material; child safety; Personal and Confidential information; Illegal activities; and Copyright. Note that these are categories for which they have designed some succinctly stated rules. Users can “Report Abuse” to cause an eBook to be reviewed according to these policies, and then somewhere in the Google offices they make a decision regarding the item according to their interpretation of the policies.
Vendors – bookstores, etc. – have always had policies regarding what they will stock and present to customers, but Google’s status as a total search utility with an overwhelmingly dominant position makes the situation different, to the extent that I think we need to look at these policies in light of intellectual freedom concerns.