Quotulatiousness

August 17, 2015

“#Gamergate summarized in one impossibly perfect tweet”

Filed under: Gaming, Media, Politics — Tags: , , , — Nicholas @ 05:00

It’s always awkward when you see (and publicize) something that seems to perfectly encapsulate your opponent’s position turns out to be nothing of the sort:

This afternoon multiple bomb threats were called in to a Society of Professional Journalists debate about GamerGate. I’ve been passed the remarks my fellow panellist, AEI scholar and feminist academic Christina Hoff Sommers, was planning to make.

A video game journalist from Vancouver recently took to Twitter to draw attention to a Tweet sent by a gamer: The gamer had tweeted: “I fucking swear — they get rid of Huge Boobs, I’m gone.” For this journalist those 11 words captured the essence of the gamer crusade. The hypermasculine dudebro attitude –— the crude objectification of women. It’s all there. Or so it seemed to him. As he put it: “#Gamergate summarized in one impossibly perfect tweet.”

But as is often the case with media accounts of GamerGate – the facts don’t really fit the narrative. First of all, the author was not talking about video games, but rather efforts to censor images of buxom ladies on Reddit. But more importantly — the author of the tweet is a young woman named Alison. Alison is a lesbian gamer who apparently enjoys gazing at images of busty women. For me, it is the game journalist’s tweet, not Alison’s, that is emblematic. It is an impossibly perfect illustration of a serious flaw in contemporary journalism: the narrative matters more than truth. The Rolling Stone’s apocryphal story about a gang rape at UVA is frequently cited as the classic example of narrative over-reach. But the press literature on GamerGate is strikingly similar.

According to dozens of media stories, #Gamergate is a nightmarish cabal of right wing males who will stop at nothing to keep women out of gaming. Comparisons with hate groups, lynch mobs and terrorists are not uncommon. In reality Gamergate has support from hundreds of thousands of rank and file video game enthusiasts from all over the world and across the political spectrum. Gamers identify with GamerGate for different reasons. A recurrent theme is consumerist – gamer journals are toadies for the game companies and need to be replaced by authentic critics, they say. Another — and the one that drew me into the world of gamers — is impatience with cultural scolds who evaluate games through the lens of political correctness. Are there some bullies and lunatics on the fringes of GamerGate? Yes there are. It’s the internet.

Media stories have focused on the female critics who have received hateful messages and even death threats. Those messages and threats are deplorable, but what the journalists typically fail to mention is that no one knows who sent them. Furthermore, those who defend Gamergate (males and females) have received hate mail and death threats as well. Too many in the media are addicted to a simplistic damsel in distress storyline — but inconveniently there are distressed damsels on both sides of the GamerGate controversy. The best data we have on on-line threats, a 2012 Pew Study for example, suggest that men, not women, are the primary targets.

August 8, 2015

Election issue – the Netflix tax, “much ado about nothing?”

Filed under: Business, Cancon, Media, Politics — Tags: , , , , , — Nicholas @ 04:00

Michael Geist looks at the major federal party leaders’ reactions to discussion of a “Netflix tax”:

As part of the digital strategy discussion, I stated that questions abound, including “are new regulations over services such as Netflix on the horizon?”

Prime Minister Stephen Harper addressed that question yesterday with a video and tweet in which he pledged that the Conservatives will never tax digital streaming services like Netflix and Youtube. Harper added that the Liberals and NDP have left the door open to a Netflix tax, but that he is 100% opposed, “always has been, always will be.” Both opposition parties quickly responded with the NDP saying they have not proposed a Netflix tax and the Liberals saying they have never supported a Netflix tax and do not support a Netflix tax.

So is this much ado about nothing?

Not exactly. First, there are groups and provincial governments that support a Netflix tax or mandated contribution to fund the creation of Canadian content. These include the Ontario and Quebec governments along with many creator groups. Earlier this year, I obtained documents under the Ontario Freedom of Information and Protection of Privacy Act that showed that the Ontario government spent months working toward a recommendation to expand the regulation of new media, including Canadian content requirements and increased regulation of foreign online video providers.

Second, while the Liberals and NDP have not proposed a Netflix tax, they have called for requirements that online video providers disclose revenues, Canadian content availability, and subscriber numbers to Canadian regulators. This is a very soft form of regulation that Netflix and Google have rejected as beyond the power of the Broadcasting Act. Providing information to allow for more informed regulatory analysis does not seem particularly unreasonable, but the companies unsurprisingly fear that that analysis could ultimately lead to calls for more regulation or payments.

Third, the real Netflix tax is the prospect of a levying sales taxes on digital products such as music downloads or online video services. It was the Conservatives that raised this possibility in the 2014 budget, launching a consultation on the issue that garnered supportive comments from companies such as Rogers, which noted that Canadian-based online video services such as Shomi operate at a disadvantage since they collect GST/HST, but Netflix does not. With many countries moving toward some form of digital taxation (as I noted in a January 2015 column on the issue, the real challenge lies in the cost of implementation), it seems inevitable that Canada will do the same in order to level the playing field and recoup a growing source of revenue. The Conservatives would presumably seek to differentiate between a generally applicable sales tax and a tax or fee targeting online streaming services, though many may feel it is a distinction without a difference.

August 6, 2015

Michael Geist on the latest TPP leaks

Filed under: Cancon, Economics, Law, Politics — Tags: , , , , — Nicholas @ 04:00

As you’d expect from a set of negotiations — secret negotiations, at that — what the politicians say about it doesn’t necessarily have much to do with reality:

KEI this morning released the May 2015 draft of the copyright provisions in the Trans Pacific Partnership (copyright, ISP annex, enforcement). The leak appears to be the same version that was covered by the EFF and other media outlets earlier this summer. As such, the concerns remain the same: anti-circumvention rules that extend beyond the WIPO Internet treaties, additional criminal rules, the extension of copyright term, increased border measures, mandatory statutory damages, and expanding ISP liability rules, including the prospect of website blocking for Canada.

Beyond the substantive concerns highlighted below, there are two key takeaways. First, the amount of disagreement within the chapter is striking. As of just a few months ago, there were still many critical unresolved issues with widespread opposition to (predominantly) U.S. proposals. Government ministers may continue to claim that the TPP is nearly done, but the parties still have not resolved longstanding copyright issues.

Second, from a Canadian perspective, the TPP could require a significant overhaul of current Canadian law. If Canada caves on copyright, changes would include extending the term of copyright, implementing new criminal provisions, creating new restrictions on Internet retransmission, and adding the prospect of website blocking for Internet providers. There is also the possibility of further border measures requirements just months after Bill C-8 (the anti-counterfeiting bill) received royal assent.

Given the extensive debate on copyright during the 2012 reforms, the TPP upsets the balance the Canadian government struck, mandating reforms without public consultation or debate. The government has granted itself the power to continue to negotiate the TPP during the election period, but all the major parties should publicly declare where they stand on these issues.

August 2, 2015

Thinking about realistic security in the “internet of things”

Filed under: Technology — Tags: , , , , , — Nicholas @ 02:00

The Economist looks at the apparently unstoppable rush to internet-connect everything and why we should worry about security now:

Unfortunately, computer security is about to get trickier. Computers have already spread from people’s desktops into their pockets. Now they are embedding themselves in all sorts of gadgets, from cars and televisions to children’s toys, refrigerators and industrial kit. Cisco, a maker of networking equipment, reckons that there are 15 billion connected devices out there today. By 2020, it thinks, that number could climb to 50 billion. Boosters promise that a world of networked computers and sensors will be a place of unparalleled convenience and efficiency. They call it the “internet of things”.

Computer-security people call it a disaster in the making. They worry that, in their rush to bring cyber-widgets to market, the companies that produce them have not learned the lessons of the early years of the internet. The big computing firms of the 1980s and 1990s treated security as an afterthought. Only once the threats—in the forms of viruses, hacking attacks and so on—became apparent, did Microsoft, Apple and the rest start trying to fix things. But bolting on security after the fact is much harder than building it in from the start.

Of course, governments are desperate to prevent us from hiding our activities from them by way of cryptography or even moderately secure connections, so there’s the risk that any pre-rolled security option offered by a major corporation has already been riddled with convenient holes for government spooks … which makes it even more likely that others can also find and exploit those security holes.

… companies in all industries must heed the lessons that computing firms learned long ago. Writing completely secure code is almost impossible. As a consequence, a culture of openness is the best defence, because it helps spread fixes. When academic researchers contacted a chipmaker working for Volkswagen to tell it that they had found a vulnerability in a remote-car-key system, Volkswagen’s response included a court injunction. Shooting the messenger does not work. Indeed, firms such as Google now offer monetary rewards, or “bug bounties”, to hackers who contact them with details of flaws they have unearthed.

Thirty years ago, computer-makers that failed to take security seriously could claim ignorance as a defence. No longer. The internet of things will bring many benefits. The time to plan for its inevitable flaws is now.

August 1, 2015

The Streisand Effect – Trying to Hide Things On The Internet I INTO CONTEXT

Filed under: Media — Tags: , , , , , — Nicholas @ 02:00

Published on 6 Jan 2015

One of the biggest news stories this Christmas was the (un-)cancelled release of Sony Pictures’ movie The Interview. In the movie, Seth Rogan and James Franco try to assassinate North Korean dictator Kim Jong-Un. After terror threats against movie theatres showing the film, Sony cancelled the release of the movie. This ultimately increased the movies attention and made the later online release the most successful one this year. Actually, there is a name for this kind of phenomenon: the Streisand Effect. In this episode of INTO CONTEXT, Indy explains why it’s not always smart to try to hide things on the internet.

QotD: How to write a headline about a “scientific” result

Filed under: Humour, Media, Quotations — Tags: , , , — Nicholas @ 01:00

… let’s not forget the Heads We Win Tails You Lose rule of the in-group affirmations which we loosely call “social sciences.”

Suppose you run a test to distinguish whether women, or men, are more willing to hire family — that is, engage in nepotism — when filling a job.

If it turns out that men are more likely to engage in nepotistic practices, the study will be titled:

Women More Ethical in Business Dealings Than Men

On the other hand, if it turns out that women are more likely to approve of nepotism, whereas men are less likely, the study will have the title:

Women More Caring Towards Family Members; Men Care Only About Filthy Careerism & the Welfare of Total Strangers Who Might Be Rapists

Ace, “Shock: Social Scientists Determine Conservatives Are Stupid”, Ace of Spades HQ, 2014-09-09.

July 29, 2015

Apparently human ingenuity didn’t stretch as far as remote-controlled sex toys … until now!

Filed under: Health, Technology — Tags: , , , , — Nicholas @ 03:00

Who would ever have thought of combining wireless computing with sexual appliances? Nobody, right? There’s no possible way that anyone could have even imagined such a thing could happen … otherwise this patent would not have been issued:

Alright, people, strap in and keep the laughter to a minimum because we’re going to talk dildos here. Specifically, remotely operated dildos, and other sex apparatuses, including those operated by Bluetooth connections or over the internet. It seems that in 1998, a Texan by the name of Warren Sandvick applied for a patent that casts an awfully wide net over remotely controlled sexual stimulation, specifically any of the sort that involves a user interface in a location different from the person being stimulated. You can find the patent at the link, but here’s the abstract:

    An interactive virtual sexual stimulation system has one or more user interfaces. Each user interface generally comprises a computer having an input device, video camera, and transmitter. The transmitter is used to interface the computer with one or more sexual stimulation devices, which are also located at the user interface. In accordance with the preferred embodiment, a person at a first user interface controls the stimulation device(s) located at a second user interface. The first and second user interfaces may be connected, for instance, through a web site on the Internet. In another embodiment, a person at a user interface may interact with a prerecorded video feed. The invention is implemented by software that is stored at the computer of the user interface, or at a web site accessed through the Internet.

Great, except that nothing in the above is an actual invention; it’s essentially an acknowledgement that a dildo could be controlled remotely and an attempt to lay claim to that function exclusively. The description of the art outlaid in the patent rests solely on the claim that sexual stimulation devices have always been either self-stimulation devices or that any remotely operated stimulation devices still required close proximity. But it all rests on what you consider a stimulation device.

Even before this patent was filed, there was a term for this kind of thing in use: teledildonics.

July 21, 2015

Would Reddit even be Reddit without the trolls?

Filed under: Liberty, Media, Technology — Tags: , , , — Nicholas @ 03:00

Megan McArdle warns that “cleaning up” Reddit might end up killing the patient:

On Monday, when I wrote about the travails of Ellen Pao at Reddit, I noted that cleaning up the troll-infested caves of its vast ecosystem will not be an easy task for anyone. Its freewheeling, “anything goes” culture is a big part of its appeal to users, and the large number of users is a big part of Reddit‘s appeal to investors. It’s also worth noting that this approach is substantially cheaper than trying to keep a close eye on Reddit‘s ever-expanding universe of subreddits.

But Reddit really seems to want to tidy things up a bit, or at least force the trolls down to the basement where they won’t frighten the visitors. Steve Huffman, a Reddit co-founder who is returning as Pao’s successor, has announced that the company will continue to take steps to curtail undesirable content. Potentially offensive forums will require users to opt in, and anything that “harasses, bullies, or abuses” will be entirely off limits. So a forum whose title is a vile racist slur will be reclassified for opt-in status. But the “Raping Women” forum will be banned outright.

Huffman is laying out some much clearer guidelines than Pao did, which is a good first step (and exactly what I said Pao should have done). On the other hand, that’s no guarantee that this will prevent users from staging a mass exodus.

July 16, 2015

China’s LGBT communities

Filed under: China — Tags: , , , — Nicholas @ 02:00

Yuxin Zhang looks at China’s misunderstood history of tolerance for gay culture:

The Chinese LGBT community and culture have attracted interest among Chinese youth in recent years. Evidence of this is the use of the Internet slang term gao-ji, indicating two men of the same sex having an affair, which has become well-accepted and entered daily use (including among straight people, as a way of teasing each other). The prevalence of the Internet has contributed to gay activism in contemporary China. Gay parades and campaigns have emerged, as young and sometimes middle-aged Chinese are inspired by the LGBT activism overseas that they learn about online, and by events such as the coming-out of celebrities such as Tim Cook and Anderson Cooper, the legalization of same-sex marriage in Western countries, and the discussion of a same-sex marriage bill in Taiwan, with its linguistic and cultural similarities with the Mainland. Some have taken bold actions. In 2010, two Chinese men, Wenjie Pan and Anquan Zeng, hosted the first public same-sex wedding ceremony in Sichuang, a city in China’s southwest.

The Wall Street Journal reported that the Chinese gay dating application Blued has scored a $30 million round of investment co-led by DCM Ventures, as its users reached 15 million at the end of last year. This number is likely to grow, as China has both the world’s largest population and the most Internet users. A concomitant outcome, however, is worrisome. Most gay Chinese men who use online dating applications do so to have casual sex, and this has fueled a spike in sexually transmitted diseases (STDs), including HIV/AIDS. Thus, some middle-aged and older Chinese associate homosexuality with infection by HIV/AIDS and other STDs, and this has contributed to discrimination against the gay community.

One main reason why many people in China oppose homosexuality is because it clashes with their notions of traditional Chinese values. Some even think that homosexuality does not exist in China, and must just be something from the West.

July 13, 2015

“Links to this Site are not permitted except with the written consent of TO2015™”

Filed under: Bureaucracy, Cancon, Media, Sports — Tags: , , , , — Nicholas @ 04:00

Toronto’s Pan Am Games organizers appear to have been living in a cave without an internet connection for the last 15 years:

The organisers of the Pan American Games in Toronto, which start this week, require that people seek formal permission to link to its website at [toronto2015 DOT org].

Under the website’s terms of use, amid piles of incomprehensible legalese seemingly designed to hide from the fact that social media exists, it is decreed that no one is allowed to use one of those hyperlink thingies to connect to the website unless they first get approval. It reads:

    Links to this Site are not permitted except with the written consent of TO2015™. If you wish to link to the Site, you must submit a written request to TO2015™ to do so. Requests for written consent can be sent to branduse@toronto2015.org. TO2015™ reserves the right to withhold its consent to link, such right to be exercised in its sole and unfettered discretion.

Eagle-eyed readers will have noticed that the $2bn sports event – effectively a mini-Olympics – also appears to have trademarked the term “TO2015.” Which makes about as much sense.

Incredibly, this is not a misreading of the terms, and it doesn’t appear to have been a mistake either. Instead, it’s about the increasingly insane approach that intellectual property lawyers are taking to sponsors – and non-sponsors – of sporting events.

Alongside such gems as forcing people to put tape over their own computers if a computer company is a sponsor, and stopping people for drinking anything that isn’t a sponsor drink (if there is a drinks sponsor), now it seems the Pan Am Games lawyers have decided they need to prevent the internet from entering the hallowed sponsor world.

Strictly speaking, anyone who links to the website or even anyone who uses the games’ own hashtag of [hashtagTO2015] is violating its terms, and could be sued. Although not a court in the land would actually enforce it.

Notice that, as I live in Canada, I’ve carefully obfuscated the URL and the hashtag so you don’t accidentally click on them and violate their intellectual property right claims or anything. I suspect this will be the only actual coverage of the games I’ll be posting, just to be on the safe side. Discussion of the financial side, or the disruption to normal life in Toronto caused by the games, of course, is still fair game.

July 11, 2015

Reason.tv – How the Feds’ Subpoena of Reason and Gag Order Went Public

Filed under: Law, Liberty, Media, USA — Tags: , , , — Nicholas @ 03:00

Published on 7 Jul 2015

You may have already heard about how the government tried to stifle Reason‘s free speech.

Federal prosecutors based in New York sent a grand jury subpoena and letter to Reason, commanding editors to hand over the records of six commenters who wrote hyperbolic statements about federal judge Katherine Forrest below a blog post at Reason.com. Forrest sentenced Ross Ulbricht to life in prison without parole for creating the Silk Road website.

Then came a gag order from U.S. District Court, meaning Reason could not write or speak publicly about the subpoena or gag order — even to acknowledge either existed. But between the subpoena being issued and the gag order being issued, one legal blogger managed to figure out what was going on.

“I got an email and I looked at it and I thought wow, this is a federal grand jury subpoena to Reason magazine,” says Ken White, a writer at the legal blog Popehat who is himself a former federal prosecutor. White sat down with Reason TV to talk about how he broke the story and what he thinks it means for press freedom and open expression online.

“What’s upsetting is that there is no indication whatsoever either that the prosecutor or the judge gave any consideration to the fact that this was being aimed at a reporting organization about a First Amendment issue,” says White. What’s more, White stresses that the comments named in the subpoena are commonplace for the internet and especially at Reason.com, a site, he notes, “whose clever writing is eclipsed only by the blowhard stupidity of its commenting peanut gallery.”

The scrutinized comments ranged from taunts such as “I hope there is a special place in hell reserved for that horrible woman” to “Its (sic) judges like these that should be taken out back and shot,” but none, say White, come close to qualifying as “true” threats or anything other idle chatter. It remains unclear why the U.S. Attorney’s Office was interested in such internet fodder, how often these sorts of subpoenas get sent out to news organizations, and how often they comply. Nevertheless, White points out that federal prosecutors hold an enormous amount of power over human lives and rarely reflect on how they use — and abuse — their position.

“A fish doesn’t know that it’s in water,” says White. “A federal prosecutor doesn’t know that they are swimming in power. They could do it, so they did.”

Produced by Paul Detrick. Shot by Zach Weissmueller and Justin Monticello.

July 10, 2015

A new and exciting (if you’re a lawyer) aspect of photography

Filed under: Europe, Law, Liberty — Tags: , , , — Nicholas @ 03:00

As a casual photographer, I think very little about taking a photo of a building or landscape visible from the sidewalk or other public place. This casual attitude may become a relic of the past if EU regulators have their way, as Brian Micklethwait explains:

Basically, some EU-ers are talking about making it illegal to profit without permission by taking a photo, in public, of a publicly visible building or work of art, and then posting it on any “profitable” blog or website. The nasty small print being to the effect that the definition of “profitable” is very inclusive. For the time being, it would exclude my personal blog, because my blog has no income of any kind. But does Samizdata get any cash, however dribblesome, from any adverts, “sponsorships”, and so forth? If so, then me placing the above photo of the Shard at Samizdata might, any year now, become illegal, unless Samizdata has filled in a thousand forms begging the owners of the Shard, and for that matter of all the buildings that surround it, to allow this otherwise terrible violation of their property rights, or something.

“Might” because you never really know with the EU. At present this restriction applies in parts of the EU. It seems that a rather careless MEP tried to harmonise things by making the whole of the EU as relaxed about this sort of things as parts of it are now, parts that now include the UK. But, the EU being the EU, other EU-ers immediately responded by saying, no, the way to harmonise things is to make the entire EU more restrictive. Now the MEP who kicked all this off is fighting a defensive battle against the very restriction she provoked. Or, she is grandstanding about nothing, which is very possible.

Being pessimistic about all this, what if the restriction does spread? And how long, then, before the definition of “for profit” is expanded to include everything you do, because if it wasn’t profitable for you, why would you do it? At that point, even my little hobby blog would be in the cross hairs, if I ever dared to take and post further pictures of London’s big buildings.

Some better news for me is that if this scheme proceeds as far as it eventually might, my enormous archive of photographs of people taking photographs will maybe acquire a particular poignancy. It will become a record of a moment in social history, which arrived rather suddenly, and then vanished. Like smoking in public.

June 30, 2015

Extending the ADA to the web

Filed under: Law, Liberty, Politics, Technology, USA — Tags: , — Nicholas @ 02:00

Amy Alkon discusses why the notion of expanding the Americans with Disabilities Act to cover the internet would be a terrible idea:

So few people understand how laws passed can be used — and easily misused. Stretched into something they were never supposed to be (or not what they were said to be about, anyway).

For example, Title IX was supposed to be about allowing girls equal participation in school sports. The Obama admin has turned it into a system of campus kangaroos courts removing due process from men accused of sexual assault.

Next in line for strrretching is the Americans with Disabilities Act.

[…]

Bader gives some examples from Walter Olson, from his testimony to Congress, of awful changes that would ensue, like that amateur publishing would become “more of a legal hazard.” They’d go after websites like mine, that make a few shekels from Amazon links and a few more from Google ads. I need this money to supplement the money that’s fallen out of newspaper writing; also, I love the people who comment here and the discussion that goes on. It’s what keeps my eyes pried open at 11 p.m. when I need to post a blog item half an hour after I should have gone to bed for my 5 a.m. book- and column-writing wakeup time.

Also, added in the morning, after waking up worrying about this all night — making something “accessible” for a tiny minority could ruin it for everyone.

And what sort of understanding do we really owe people? I don’t do well with complex physics and I have limited attention for things I don’t understand that don’t grab my interest enough to figure them out. Should physics websites dumb themselves down for Amy Alkon’s brain? How many scientific websites will be brought down by disabled people going around to them like the quadriplegic lawyer in the wheelchair filing profit-making suits and closing classic hamburger stands and other businesses in California over ADA claims?

June 19, 2015

The EFF’s Privacy Badger

Filed under: Liberty, Technology — Tags: , , — Nicholas @ 05:00

Earlier this month, Noah Swartz exhorted the Mozilla folks to put some energy and effort behind the Firefox Tracking Protection technology. While we wait for that to come to fruition, he also recommends the Electronic Frontiers Foundation’s Privacy Badger for Firefox users:

In her blog post, [Monica] Chew flags the need for Mozilla’s management to ensure that this essential protection reaches users, and to recognize that “current advertising practices that enable ‘free’ content are in direct conflict with security, privacy, stability, and performance concerns.” Since advertising industry groups flatly refused to respect the Do Not Track header as a privacy opt-out from data collection, the only line of defense we have against non-consensual online tracking is our browsers.

Safari and Internet Explorer have taken important steps to protect their users against web tracking: Safari blocks third party cookies out of the box, and IE offers a prominent tracker-blocking option. But mainstream users of open source browsers are out of luck. Until that changes, our Privacy Badger add-on for Firefox and Chrome remains perhaps the only one-click solution for users who want to protect their privacy as they browse the web. Since Privacy Badger requires no configuration, we encourage any user who is concerned about online tracking to add it to their browser.

EFF Privacy Badger

June 14, 2015

More on that Reason grand jury subpoena

Filed under: Law, Liberty, Media, USA — Tags: , , , , — Nicholas @ 04:00

At the Foundation for Economic Education, Ryan Radia discusses the free-speech-quashing subpoena issued by a federal prosecutor in New York state:

In late May, Judge Katherine Forrest, who sits on the US District Court for the Southern District of New York, sentenced Ulbricht to life in prison. This sentence was met with mixed reactions, with many commentators criticizing Judge Forrest for handing down what they perceived as an exceedingly harsh sentence.

A few Reason users, some of whom may have followed Reason’s extensive coverage of the fascinating trial, apparently found Ulbricht’s sentence especially infuriating.

One commenter argued that “judges like these … should be taken out back and shot.” Another user, purporting to correct the preceding comment, wrote that “it’s judges like these that will be taken out back and shot.” A follow-up comment suggested the use of a “wood chipper,” so as not to “waste ammunition.” And a user expressed hope that “there is a special place in hell reserved for that horrible woman.”

Within hours, the office of Preet Bharara, the US Attorney for the Southern District of New York, sent Reason a subpoena for these commenters’ identifying information “in connection with an official criminal investigation of a suspected felony being conducted by a federal grand jury.”

This doesn’t mean a grand jury actually asked about the commenters; instead, in federal criminal investigations, it’s typically up to the US Attorney to decide when to issue a subpoena “on behalf” of a grand jury.

[…]

Even if this subpoena is valid under current law — more on that angle in a bit — the government made a serious mistake in seeking to force Reason to hand over information that could uncover the six commenters’ identities.

Unless the Department of Justice is investigating a credible threat to Judge Forrest with some plausible connection to the Reason comments at issue, this subpoena will serve only to chill hyperbolic — but nonetheless protected — political speech by anonymous Internet commenters.

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