Quotulatiousness

October 23, 2012

The law, sexting, and shady website operations

Filed under: Britain, Law, Media, Technology — Tags: , , , , — Nicholas @ 14:41

Tim Worstall discusses the weird and disturbing online world of sexting teens, parasitical porn websites and the insanity of our current laws on the topic:

… the legal problems go much further than just young people losing control of images of themselves.

For we’re in the middle of a social hysteria over child pornography and paedophilia. And as is usual in such hysterias reactions desperately overshoot. For example, in my native UK it is entirely legal for a 16 year old girl to have sex with whichever consenting also 16 years or above human she wishes. Any thing from removing her top for her lover’s delectation through to any perversion you might care to think about. However, if said lover, with her full permission, takes a photograph of her without her bikini top on this is child pornography. Yes, even if they’ve been lovers for nearly two legal years a topless photograph of her at 17 and 364 days old is child porn. And it is here that the real legal problems start.

[. . .]

It gets worse, too. The general assumption in the law these days is that a picture on a computer is production of child pornography, not possession of it. The reasoning is that, before you looked at the picture there was one copy, on the server. Now, as you look at the picture, there are two. One on the server, the other in your browser (or cache, whatever). Thus there are now two pictures, you have made one of them therefore you are producing child pornography. And it’s not all that much of a surprise to find that the penalties for the production as opposed to the possession of such are markedly stronger.

Unnamed band about to get big media exposure through the “Streisand Effect”

Filed under: Business, Law, Media — Tags: , , — Nicholas @ 11:09

Ken at Popehat is looking for pro bono legal help for a music fan site that after years of faithful service to an unnamed band is now being “cease-and-desist”-ed by the band’s new management:

It’s time to put out the Popehat Signal on behalf of a threatened web site.

Today, I’m looking for pro bono help (or help at a modest rate) for the proprietor of a fansite for a band. The proprietor of the fansite has been running it for years, promoting the band and its appearances to its fans. Apparently the members of the band knew of this and were cool with it — until recently, when they hired new management, who used a Los Angeles area attorney to send a threatening cease-and-desist issue.

One has to assume that $BAND (or more likely the new management team) has never heard of the Streisand Effect, because they’re risking a classic case of it through this kind of action.

The Streisand effect is the phenomenon whereby an attempt to hide or remove a piece of information has the unintended consequence of publicizing the information more widely, usually facilitated by the internet. The term is a modern expression of the older phenomenon that banning or censoring something often makes that item or information more desirable, and leads to it being actively sought out to a greater extent than it would have otherwise been.

It is named after American entertainer Barbra Streisand, whose attempt in 2003 to suppress photographs of her residence inadvertently generated further publicity. Similar attempts have been made, for example, in cease-and-desist letters, to suppress numbers, files and websites. Instead of being suppressed, the information receives extensive publicity and media extensions such as videos and spoof songs, often being widely mirrored across the Internet or distributed on file-sharing networks.

Canada’s foreign investment “net benefit” test is a farce

Filed under: Bureaucracy, Business, Cancon, Government — Tags: , , , , — Nicholas @ 10:15

Andrew Coyne scrambles to find the right words to describe the indescribable:

The existing rules, as readers will know, require that a foreign takeover be of “net benefit” to Canada. How this is to be demonstrated, how it is even defined, is a secret to which the bidder is not privy — understandably enough, since it is not known to the government either. The result may be compared to a game of blind man’s bluff, only with both players wearing blindfolds. The bidder makes repeated attempts to hit the mark, while the government shouts encouragingly, “warmer… ” or “cooler…” depending on its best guess of where the target happens to be at the time.

I’m joking, of course. In fact, there’s a perfectly clear definition of “net benefit.” As set out in section 20 of the Investment Canada Act, the minister is required to take into account the effect of the investment on “the level and nature of economic activity in Canada,” specifically (but “without limiting the generality of the foregoing”) “on employment, on resource processing, on the utilization of parts, components and services produced in Canada and on exports from Canada.” Clear enough, right?

[. . .]

All told, I count more than 20 different criteria to be applied, vague, elusive and contradictory as they are. Whether it is possible to measure even one of them in any objective fashion, still less all of them at the same time, may be doubted — but even if you could, the Act provides no benchmark of what is acceptable, separately or collectively. Neither does it say what weight should be given to each in the minister’s calculations, or even whether he strictly has to pay any of them any mind at all (“the factors to be taken into account, where relevant, are…”).

In other words, the whole thing is a charade, applying a veneer of objectivity to what remains an entirely subjective — not to say opaque, arbitrary and meaningless — process. Which is good, since any attempt to define such benchmarks, weights, etc would be even more arbitrary and meaningless. Because there isn’t any objective definition of “net benefit,” at least in the sense implied, nor is it necessary to invent one. We don’t need to clarify the net benefit test. We need to abolish it.

Bilingualism and multiculturalism, “the Siamese twins of Canadian social policy”

Filed under: Cancon, History — Tags: , , , — Nicholas @ 09:34

In Maclean’s, Heather Scoffield wonders if the twin keystones of “official” Canadian identity (as defined by the Liberal party in 1969) are actually in opposition to one another:

Have the two forces that have defined Canadian culture for the past 40 years — multiculturalism and bilingualism — turned on each other?

The final release of 2011 census data this week will offer Canadians some insight into the answer.

On Wednesday, Statistics Canada will publish language data showing how many people speak English, how many speak French, and how many speak a myriad of other languages — a consequence of increasingly diverse immigration.

In the last census, in 2006, the number of people who called French their mother tongue was almost — but not quite — on par with the number of people who identify other languages as their first.

If the trend lines continue, as the experts expect they will, they could cross come Wednesday. Measured in terms of percentage of the total population in Canada, French is expected to continue its long, slow decline as a mother tongue and “other” languages will continue their ascent, with the number of allophones — those with a mother tongue other than Canada’s two official languages — surpassing their francophone counterparts.

So have we reached the point where the twin forces unleashed during the 1970s are now competing forces, with multiculturalism drowning out bilingualism?

The tweet police are watching you

Filed under: Britain, Law, Liberty, Media — Tags: , , , , — Nicholas @ 09:27

In sp!ked, Patrick Hayes points out that you don’t need to agree with — or have any sympathy for — BNP party leader Nick Griffin to recognize that the “twitch-hunt” against him is a very bad sign for all of us:

Nick Griffin, leader of the far-right British National Party (BNP), currently has 19,356 followers on Twitter. Given the events of the past week, it seems many of these are not following Griffin because they enjoy his rants on anything from fracking to Islamists. Rather, the majority are following him in order to monitor his newsfeed, seemingly just waiting for an opportunity to report him to the police for offensive tweets.

[. . .]

Without doubt, tweeting the address of a gay couple, and threatening to give them ‘a bit of drama’ in the form of a demonstration, is an idiotic thing to do. But did anyone really think that a militant wing of the BNP was going to swoop down to Huntingdon and pay the sixtysomething gay couple a visit? Certainly not the couple themselves, whose chilled-out approach — as Brendan O’Neill has pointed out in his Telegraph blog — contrasts sharply with the hysteria of the Twittermob. Any demo, the couple said, would be a ‘damp squib’. Furthermore, ‘it would be difficult for people to gather as we live in a small village and there’s nowhere to park’.

Such cool reasoning was not shared by members of the Twittersphere, or by some gay-rights campaigners. In the words of a spokesperson for gay-rights group Stonewall, Griffin’s behaviour was ‘beyond words, unbelievably shocking. It is a real example of the hatred still out there towards gay people.’

‘Out there’ — it is a revealing phrase. It seems that this Twitter-stoked furore is not just about the loon Griffin, who has for many years developed notoriety for spouting offensive rubbish. It speaks also to the fear of some sort of silent, bigoted majority that Griffin supposedly represents. All it takes, it seems, is a tweet from Fuhrer Griffin and the gay-bashing hordes will arise. They won’t, of course, because they don’t exist. Yet, that someone widely known as a bit of a nutjob is seen as a ‘real example’ of hatred towards gays says more about a culture of offence-seeking than actual attitudes towards homosexuals in twenty-first century Britain.

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