Quotulatiousness

June 18, 2012

Legal pratfalls ensue

Filed under: Law, Liberty, Media, USA — Tags: , , , , , — Nicholas @ 09:33

Scott H. Greenfield at the Simple Justice blog on how the legal equivalent of “two 12-year-olds rolling in the mud” morphed into a lawyer beclowning himself in an epic fashion:

But Matthew Inman, who does the Oatmeal, put the lawyer Charles Carreon’s letter demanding $20k on the web, with his own special touches, in a masterful response, one aspect of which was that rather than succumb to Carreon’s demand, he would raise some money for charity.

[. . .]

Three things to note: First, Carreon started suit in his own name, not that of his client, which suggest that this is for the wrong done him by the mean children of the internet. Second, he’s sued not only Inman, apparently for “incitement to cyber-vandalism,” but the Indiegogo, which handles charitable collections, as well as the two charities to whom Inman’s collection goes.

This is nuts. For a fellow who foolishly stepped in shit, he’s doubled quadrupled down. My guess is that he’s included the charities as stakeholders or beneficiaries of Inman’s actions, and wants the money collected to go to him rather than to fighting cancer or saving bears. He wants money collected to fight cancer to go to him instead. It’s unthinkable [that] anyone could do such a thing.

May 11, 2012

The University of Calgary is told by the courts that it “is not a Charter-free zone”

Filed under: Bureaucracy, Cancon, Liberty, Media — Tags: , , , , — Nicholas @ 09:36

The university attempted to suppress free speech by students and lost in court. And then lost on appeal:

This week, in the case of Pridgen v. University of Calgary, the Alberta Court of Appeal affirmed that the Charter of Rights and Freedoms protects the free speech rights of university students on campus.

[. . .]

The University of Calgary prosecuted the 10 students who had joined the Facebook page, and found all of them guilty of “non-academic misconduct” — including students who had not posted any comments. The university accused the students of defaming Mitra with “unsubstantiated assertions,” yet refused to hear any evidence from the students about the professor. Nobody testified to deny that the professor had asserted, bizarrely, that Magna Carta was a document written “in the 1700s for native North American human rights purposes.”

The University of Calgary threatened the Pridgen brothers and the other eight students who’d joined the Facebook page with expulsion if they failed to write an abject letter of apology.

Having been found guilty of non-academic misconduct, Keith and Steven Pridgen took the university to court, which declared in 2010 that, “the university is not a Charter-free zone.” That judgment was upheld this week by the Court of Appeal.

While the ruling is a victory for the free-speech rights of university students, it is disheartening that the University of Calgary needs a court order to compel it to fulfill its own mission statement: To promote free inquiry and debate.

May 6, 2012

The free speech baby with the Citizens United bathwater

Filed under: Government, Law, Liberty, Media, USA — Tags: , , , , , , — Nicholas @ 10:32

George Will on the rather impressive sweep of a new proposal to circumvent the US Supreme Court’s decision in Citizens United:

Now comes Rep. Jim McGovern, D-Mass., with a comparable contribution to another debate, the one concerning government regulation of political speech. Joined by Minority Leader Nancy Pelosi, 26 other Democrats and one Republican, he proposes a constitutional amendment to radically contract First Amendment protections. His purpose is to vastly expand government’s power — i.e., the power of incumbent legislators — to write laws regulating, rationing or even proscribing speech in elections that determine the composition of the legislature and the rest of the government. McGovern’s proposal vindicates those who say most campaign-finance “reforms” are incompatible with the First Amendment.

His “People’s Rights Amendment” declares that the Constitution protects only the rights of “natural persons,” not such persons organized in corporations, and that Congress can impose on corporations whatever restrictions Congress deems “reasonable.” His amendment says it shall not be construed “to limit the people’s rights of freedom of speech, freedom of the press, free exercise of religion, freedom of association and all such other rights of the people, which rights are inalienable.” But the amendment is explicitly designed to deny such rights to natural persons who, exercising their First Amendment right to freedom of association, come together in corporate entities to speak in concert.

McGovern stresses that his amendment decrees that “all corporate entities — for-profit and nonprofit alike” have no constitutional rights. So Congress — and state legislatures and local governments — could regulate to the point of proscription political speech, or any other speech, by the Sierra Club, the National Rifle Association, NARAL Pro-Choice America, or any of the other tens of thousands of nonprofit corporate advocacy groups, including political parties and campaign committees.

Newspapers, magazines, broadcasting entities, online journalism operations — and most religious institutions — are corporate entities. McGovern’s amendment would strip them of all constitutional rights. By doing so, the amendment would empower the government to do much more than proscribe speech. Ilya Somin of George Mason University Law School, writing for the Volokh Conspiracy blog, notes that government, unleashed by McGovern’s amendment, could regulate religious practices at most houses of worship, conduct whatever searches it wants, reasonable or not, of corporate entities, and seize corporate-owned property for whatever it deems public uses — without paying compensation. Yes, McGovern’s scythe would mow down the Fourth and Fifth Amendments, as well as the First.

May 2, 2012

We must make internet freedom the new “third rail” of politics

Filed under: Government, Liberty, Politics, USA — Tags: , , , , , — Nicholas @ 08:05

L. Neil Smith on the most recent attempt by the US government to get formal control over the internet:

After many previous attempts on the part of different groups for a variety of reasons, the United States House of Representatives has passed a bill that could result in the destruction of freedom on the Internet.

And the erasure of the First Amendment.

I won’t bother you with this week’s misleading acronym for such an atrocity. This specimen is likely to fail in the Senate — because it doesn’t go nearly as far in muzzling each of us as that “parliament of whores” wants it to. The Faux President declares he will veto it, but we’ve heard that before from a criminal imposter who couldn’t move his mouth to speak the truth if his life depended on it — because he couldn’t recognize the truth if it came up to him and pissed in his ear.

What I will tell you is what a lifetime of fending off similar assaults on the Second Amendment — and the unalienable individual, civil, Constitutional, and human right of every man, woman, and responsible child to obtain, own, and carry weapons — has taught me. I know what has to be done now, and what will happen if we don’t do it.

First, don’t be relieved or satisfied if this particular bill doesn’t pass this time. Others will be introduced, one after another, until they wear down our resistance, unless we make every attempt cost them something they can’t afford to lose. We must make our freedom to communicate a political “third rail” and aim for nothing less than total eradication of the very notion of censoring the Internet in any way.

April 30, 2012

Twitter’s “Red Guard” of flag-spam abusers

Filed under: Media, Politics, Technology — Tags: , , , — Nicholas @ 12:56

Some nasty tricks being played by some Twitter users, abusing the report feature that is supposed to help cut down on spam posts to attempt to shut down opinions they find offensive:

Shortly after their video “If I Wanted America to Fail” went viral, Free Market America found themselves kicked off Twitter, a popular social media resource that allows users to post very short messages. After a few hours of confusion, their account was reinstated.

This past Sunday, the Twitter account of Chris Loesch, husband of conservative pundit Dana Loesch, was abruptly shut down. After a massive outcry, and the creation of a Twitter topic called “#FreeChrisLoesch” that swiftly became one of the hottest “hash tags” on the network, Chris’ account was reactivated… for a couple of hours. By Monday morning, he was gone again, after his account was restored and removed several more times.

What did Free Market America and Chris Loesch do to warrant suspension? After all, people like Spike Lee and Roseanne Barr flagrantly, openly, defiantly violated Twitter’s terms of service, and put human lives in jeopardy, by distributing personal information about George Zimmerman, the shooter in the Trayvon Martin case. Their accounts have not been suspended. What violation of Loesch’s compares to using Twitter to target someone for assault by an angry mob — and, for that matter, sending the mob to the wrong address?

These suspensions were apparently the work of “flag spammers,” digital brown shirt gangs that make coordinated attacks to silence conservative voices by abusing Twitter’s spam flagging feature. Al Gore coined the term “digital brown shirts” to describe the online squadrons supposedly unleashed to “harass and hector any journalist who is critical of the President.” Of course, he was talking about President Bush, and there weren’t any actual “digital brown shirts” at the time, but this is precisely the sort of behavior he was describing.

April 23, 2012

More from the Bahrain protests

Filed under: Government, Liberty, Media, Middle East — Tags: , , , , , , — Nicholas @ 09:25

Marc Lynch on what he terms as Bahrain’s “Epic Fail”:

This week’s Formula One-driven media scrutiny has ripped away Bahrain’s carefully constructed external facade. It has exposed the failure of Bahrain’s regime to take advantage of the breathing space it bought through last year’s crackdown or the lifeline thrown to it by the Bahrain Independent Commission of Inquiry. That failure to engage in serious reform will likely further radicalize its opponents and undermine hopes for its future political stability.

Bahrain’s fierce, stifling repression of a peaceful reform movement in mid-March 2011 represented an important watershed in the regional Arab uprising. Huge numbers of Bahrainis had joined in street protests in the preceding month, defining themselves as part of the broader Arab uprising and demanding constitutional reforms and political freedoms. Bahrain’s protest movement began as a reformist and not revolutionary one, and the Bahrain Independent Commission of Inquiry found no evidence that the protests were inspired or supported by Iran.

[. . .]

A ferocious battle over how to understand the events in Bahrain has unfolded in the months since the crackdown, as anyone who has attempted to report on or discuss it can attest. Supporters of the regime have argued that they did what they must against a dangerously radical, sectarian Shi’a movement backed by Iran, and fiercely contest reports of regime abuses. The opposition certainly made mistakes of its own, both during the protests leading up to the crackdown and after. But fortunately the facts of Bahrain’s protest movement and the subsequent crackdown have been thoroughly documented by Bahrain’s Independent Commission of Inquiry.

The BICI report established authoritatively that the Bahraini regime committed massive violations of human rights during its attempts to crush the protest movement. Hundreds of detainees reported systematic mistreatment and torture, including extremely tight handcuffing, forced standing, severe beatings, electric shocks, burning with cigarettes, beating of the soles of the feet, verbal abuse, sleep deprivation, threats of rape, sexual abuse including the insertion of items into the anus and grabbing of genitals, hanging, exposure to extreme temperatures, forced nudity and humiliation through acts such as being forced to lick boots of guards, abuse with dogs, mock executions, and being forced to eat feces (BICI report, pp.287-89). Detainees were often held for weeks or months without access to the outside world or to lawyers. This, concluded the BICI, represented “a systematic practice of physical and psychological mistreatment, which in many cases amounted to torture, with respect to a large number of detainees in their custody” (Para 1238, p.298). And then there was the demolition of Shi’a mosques, widespread dismissals from public and private sector jobs and from universities, sectarian agitation in the media, and so much more. No political mistakes made by the opposition could possibly justify these acts.

April 22, 2012

Protecting the Turkish identity should not include ignoring history

Filed under: Education, History, Liberty, Middle East, WW1 — Tags: , , , — Nicholas @ 12:11

Ayşe Kadıoğlu is a Turk who went to university in the United States. Part of the experience was meeting Armenian-American students in Boston and learning about events in Turkish history that have been rigorously suppressed in aid of bolstering “Turkishness”:

I grew up in Turkey, where the prevailing education system still conceals certain historical facts in primary and secondary school curricula lest they harm the “indivisibility of the state with its country and nation”, an expression that is used several times in the current Turkish constitution. Perhaps the fear about deeds that can harm the unity of the state and nation is best symbolised in the Turkish national anthem, which begins with the lyrics “Do not fear”.

When fears nurture and sustain taboos, the ability to retain experiences declines. Enduring an education that is laden with either false historical facts or an eerie silence makes it impossible for people to exit the state of self-imposed immaturity.

[. . .]

There are many taboos in Turkey that mainly concern the protection of the “indivisibility of the state and nation”. There are also many laws that make it a crime to break these taboos. When taboos are sustained by law, the minds (and, many times, bodies) of citizens end up being imprisoned. One such taboo involves the founder of the Turkish republic, Mustafa Kemal Atatürk. In Turkey, it is a crime to insult his memory and harm his statutes. Another taboo involves the sacredness of the armed forces. This is sustained by a law against discouraging people from performing their compulsory military service.

[. . .]

Taboos, enforced by law, are fetters in front of the ability to reason. It is possible to be released from the spell of taboos and strengthen the ethos of democracy by upholding the realm of public debate and deliberation. Therefore, yes, I agree with Free Speech Debate’s fourth draft principle, “We allow no taboos in the discussion and dissemination of knowledge”, because we try not to be trapped in a state of immaturity and want to do our utmost to fulfil our capacities as reasonable human beings.

April 14, 2012

Recent immigrants didn’t come here because “Canada is diverse and signed the Kyoto Protocol”

Filed under: Cancon, Media, Politics — Tags: , , — Nicholas @ 11:43

An interesting aside in this Toronto Star article by Rondi Adamson:

However, what is most interesting about these stories is what they reveal about immigrants and Canadian politics. There was a time when the Liberal party could count on immigrant votes. For years, many immigrants who came to Canada under a Liberal government — which would cover much of the last century — reflexively voted Liberal. Part of this was out of gratitude and part of it because the Conservatives (or Progressive Conservatives) never bothered to court the immigrant vote.

[. . .]

Anyone who thinks people choose Canada because of multiculturalism or bicycle lanes in big cities would do well to remember our last municipal election, when Rob Ford received over 50 per cent of the votes of Torontonians born outside Canada. I can tell you my own tale — a couple of summers ago I taught ESL in a Toronto suburb. My students were teenagers new to Canada. I asked them why their parents came here. Almost down to a kid they said, “Because we couldn’t get into the States.” They did not say, “Because Canada is diverse and signed the Kyoto Protocol.” They did not have a Panglossian view of this country. They saw it as they saw the United States — free and fair — though not as powerful a draw.

It is nice when politicians attend cultural celebrations and clumsily do ethnic dances and don hats that make them look goofy. But new and old Canadians respond positively to substance in the form of sensible policy, as opposed to making a show of being inclusive. It was Chen’s case that brought about support for Bill C-26, intended to expand the right to defend one’s home and property. I am pleased that, since the Maroli case, no politician has proposed a correlated Spice Registry, which may have been their wont a decade ago.

H/T to Blazing Cat Fur for the link.

April 7, 2012

Arizona’s internet-trolls-go-to-jail bill

Filed under: Law, Liberty, Media, Technology, USA — Tags: , , , , , — Nicholas @ 11:21

Interestingly, aside from the occasional mention of the Arizona Cardinals, almost every post I’ve marked with the Arizona tag over the last three years is about stupid laws or bills that infringe constitutional rights. What up, Arizona?

April 3, 2012

Popehat tells Arizona “Come Get Me, Coppers!”

Filed under: Law, Liberty, Media, Technology, USA — Tags: , , , , , , — Nicholas @ 12:44

Arizona has a law on the books that should replace the old chestnut about King Canute and the tide: they’ve criminalized annoying and offending people on the internet:

Dear Members of the Arizona State Legislature,

By this post, it is my specific intent to use this digital device — a computer — to annoy and offend you.

I do so because you have passed Arizona H.B. 2549, which provides in relevant part as follows:

    It is unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to use a telephone ANY ELECTRONIC OR DIGITAL DEVICE and use any obscene, lewd or profane language or suggest any lewd or lascivious act, or threaten to inflict physical harm to the person or property of any person.

OK. I certainly don’t intend to convey any physical threat. And I can’t terrify or intimidate you, even with the prospect of revealing you for a pack of morons who ought to be voted out of office — after all, you’re in Arizona, where prolonged lawlessness, venality and idiocy seem to be sure paths to electoral victory.

I certainly do mean to annoy and offend you, though. You’ve been swept up in the moronic and thoughtless anti-bullying craze and consequently passed a bill that is ridiculous on its face, a bill that criminalizes annoying and offending people on the internet. That’s like criminalizing driving on the road. By so clearly violating the First Amendment, you’ve violated your oaths of office. You should be ashamed of yourselves. What kind of example are you setting for the children of Arizona by ignoring the law to pass fashionable rubbish? It is no excuse that you are merely modifying an archaic law to apply it to the internet — you’re still enacting patently unconstitutional legislation.

That’s Ken at Popehat, inviting the Arizona state legislature to “snort my taint, go to Hell, and go fuck yourselves”.

April 1, 2012

Nightmare progression from Facebook data to stalker app to genocide tool

Filed under: Liberty, Media, Technology — Tags: , , , — Nicholas @ 00:11

Charles Stross on the very disturbing implications of Facebook and other social media tools:

There is an app, currently on the Apple app store as a free download, called Girls Around Me.

A couple of days ago, computer journalist John Brownlee wrote an essay about it explaining why he found it disturbing. I’d like to propose that it is symptomatic of a really major side-effect of our forced acculturation into Facebook’s broken model of human social interaction — a broken model shared by all the most successful social networks, by design — and that it is going to get much worse, until it kills people. Quite possibly in very large numbers.

I wish this was an April Fool’s joke or a piece of dystopian near-future fiction. Unfortunately it isn’t.

[. . .]

What “Girls Around Me” does is simple: it looks up your GPS location, then queries Facebook and FourSquare for people matching a simple search criterion (are they female?) who have checked in (or been checked in by their friends) in your vicinity. It then makes it really easy to pull up their publicly visible information — stuff such as age, occupation, favourite sports, what school they attended, and so on. All the stuff Facebook encourages you to share.

You can probably see why John and his friends became increasingly uneasy about this app: it’s pitched as innocent, slightly hokey fun, but it stops being amusing the instant you imagine it in the hands of a stalker or serial rapist. Or even just an unscrupulous ass-hat in search of a one night stand who isn’t above researching his target’s taste in music and drinks without their knowledge.

Creepy and stalkerish, right? So where’s the dystopic vision? Right here:

It’s easy to imagine how we could make something worse than “Girls Around Me” — something much worse. Facebook encourages us to disclose a wide range of information about ourselves, including our religion and a photograph. Religion is obvious: “Yids Among Us” would obviously be one of the go-to tools of choice for Neo-Nazis. As for skin colour, ethnicity identification from face images is out there already. Want to go queer bashing? There’s an algorithm out there for guessing sexual orientation based on the network graph of the target’s facebook friends. It’s probably possible to apply this sort of data mining exercise to determine whether a woman has had an abortion or is pro-choice.

In the worst case, it’s possible to envisage geolocation and data aggregation apps being designed to facilitate the identification and elimination of some ethnic or class enemy, not only by making it easy for users to track them down, but by making it easy for users to identify each other and form ad-hoc lynch mobs. (Hence my reference to the Rwandan Genocide earlier. Think it couldn’t happen? Look at Iran and imagine an app written for the Basij to make it easy to identify dissidents and form ad-hoc goon squads to proactively hunt them down. Or any other organization in the post-networked world that has a social role corresponding to the Red Guards.)

But as I said earlier, the app is not the problem. The problem is the deployment by profit-oriented corporations of behavioural psychology techniques to induce people to over-share information which can then be aggregated and disclosed to third parties for targeted marketing purposes.

Update, 2 April: The app has been pulled from the App Store after Foursquare revoked the developer’s API access, but the underlying problem is still there.

March 31, 2012

Nick Gillespie on the “bully” crisis that isn’t

Filed under: Education, Law, Liberty, Media, Politics — Tags: , , , , , , , — Nicholas @ 10:35

There’s an ongoing major media story about bullies, but Nick Gillespie says the crisis doesn’t really exist:

“When I was younger,” a remarkably self-assured, soft-spoken 15-year-old kid named Aaron tells the camera, “I suffered from bullying because of my lips—as you can see, they’re kind of unusually large. So I would kind of get [called] ‘Fish Lips’—things like that a lot—and my glasses too, I got those at an early age. That contributed. And the fact that my last name is Cheese didn’t really help with the matter either. I would get [called] ‘Cheeseburger,’ ‘Cheese Guy’—things like that, that weren’t really very flattering. Just kind of making fun of my name—I’m a pretty sensitive kid, so I would have to fight back the tears when I was being called names.”

It’s hard not to be impressed with — and not to like — young Aaron Cheese. He is one of the kids featured in the new Cartoon Network special “Stop Bullying: Speak Up,” which premiered last week and is available online. I myself am a former geekish, bespectacled child whose lips were a bit too full, and my first name (as other kids quickly discovered) rhymes with two of the most-popular slang terms for male genitalia, so I also identified with Mr. Cheese. My younger years were filled with precisely the sort of schoolyard taunts that he recounts; they led ultimately to at least one fistfight and a lot of sour moods on my part.

Ah, yes, the joy of classmates discovering that “Nick” is such a useful name for casual abuse. It was part of the reason I’ve insisted on using “Nicholas” ever since I got into the working world. Bullies were certainly part of my early school experience, and that of my own son. Rather like the changing of the seasons, they were just part of the school environment. I got into a few fights, but quickly learned that most other boys had a weight and reach advantage over me that resulted in a fairly quick end to each fight. The bullying tapered off in high school, but I tried to minimize the opportunities for it to happen, too. I have very few remaining friends from school — but that’s partly a reflection of the fact that I had relatively few friends in school.

Part of the perceived problem with bullies is that parents are much more involved in their kids’ lives than earlier generations:

How did we get here? We live in an age of helicopter parents so pushy and overbearing that Colorado Springs banned its annual Easter-egg hunt on account of adults jumping the starter’s gun and scooping up treat-filled plastic eggs on behalf of their winsome kids. The Department of Education in New York City — once known as the town too tough for Al Capone — is seeking to ban such words as “dinosaurs,” “Halloween” and “dancing” from citywide tests on the grounds that they could “evoke unpleasant emotions in the students,” it was reported this week. (Leave aside for the moment that perhaps the whole point of tests is to “evoke unpleasant emotions.”)

Politicians, always eager to be seen to be “doing something”, are lining up to “do something” about bullying:

Last year, in response to the suicide of the 18-year-old gay Rutgers student Tyler Clementi, the state legislature passed “The Anti-Bullying Bill of Rights.” The law is widely regarded as the nation’s toughest on these matters. It has been called both a “resounding success” by Steve Goldstein, head of the gay-rights group Garden State Equality, and a “bureaucratic nightmare” by James O’Neill, the interim school superintendent of the township of Roxbury. In Congress, New Jersey Sen. Frank Lautenberg and Rep. Rush Holt have introduced the federal Tyler Clementi Higher Education Anti-Harassment Act.

The Foundation for Individual Rights in Education has called the Lautenberg-Holt proposal a threat to free speech because its “definition of harassment is vague, subjective and at odds with Supreme Court precedent.” Should it become law, it might well empower colleges to stop some instances of bullying, but it would also cause many of them to be sued for repressing speech. In New Jersey, a school anti-bullying coordinator told the Star-Ledger that “The Anti-Bullying Bill of Rights” has “added a layer of paperwork that actually inhibits us” in dealing with problems. In surveying the effects of the law, the Star-Ledger reports that while it is “widely used and has helped some kids,” it has imposed costs of up to $80,000 per school district for training alone and uses about 200 hours per month of staff time in each district, with some educators saying that the additional effort is taking staff “away from things such as substance-abuse prevention and college and career counseling.”

Bullying is a problem, but it’s neither new nor growing:

But is bullying — which the stopbullying.gov website of the Department of Health and Human Services defines as “teasing,” “name-calling,” “taunting,” “leaving someone out on purpose,” “telling other children not to be friends with someone,” “spreading rumors about someone,” “hitting/kicking/pinching,” “spitting” and “making mean or rude hand gestures” — really a growing problem in America?

Despite the rare and tragic cases that rightly command our attention and outrage, the data show that things are, in fact, getting better for kids. When it comes to school violence, the numbers are particularly encouraging. According to the National Center for Education Statistics, between 1995 and 2009, the percentage of students who reported “being afraid of attack or harm at school” declined to 4% from 12%. Over the same period, the victimization rate per 1,000 students declined fivefold.

Warning: Despite a total lack of evidence, we still want video game “violence” warning stickers

Filed under: Gaming, Government, Liberty, Media, Technology — Tags: , , , — Nicholas @ 00:14

Erik Kain in Forbes on the latest attempt to put scare warnings on pretty much all video games sold in stores:

“WARNING: Exposure to violent video games has been linked to aggressive behavior.”

That’s the label Reps. Joe Baca and Frank Wolf want to place on every video game that hits store shelves.

Well okay, not every video game. Just every game with an E (Everyone) rating or higher. Only EC (Early Childhood) games would avoid the label. Every other game, regardless of content, would have the equivalent of cigarette warnings slapped on them.

This means that games like Tiger Woods PGA Tour would get a violence-warning label.

Can I humbly suggest that we sponsor a bill that would slap warning labels on all our elected officials?

“WARNING: May enact pointless, freedom-quashing laws based on bad data and lies due to sanctimonious pandering to special interest groups.”

The EFF is on the case.

EFF has put together an action alert that lets you to tell your Congressmember that you stand against the unnecessary and burdensome regulation of speech in video games, and that she should too.

Even though it is not required by law, many video game developers have been self-regulating games for age-level and content with Entertainment Software Ratings Board (ESRB) ratings since 1994. That system is widely understood in the marketplace, and allows consumers and parents to make informed decisions about their video game purchases.

March 30, 2012

“Fifty-six days. Two months. In an actual jail. For tweeting”

Filed under: Britain, Law, Liberty, Media — Tags: , , , , , , — Nicholas @ 09:54

Brendan O’Neill on Britain joining China and Iran in punishing free speech:

This week, Britain became a fully paid-up member of that clique of illiberal intolerant, tweeter-harassing states.

On Tuesday, at Swansea Magistrates Court in Wales, Liam Stacey, a student, was imprisoned for 56 days for writing offensive tweets.

Fifty-six days. Two months. In an actual jail. For tweeting. It needs to be spelt out like that in order to show how shocking it is that in the 21st century, in a nation that gave us such great warriors for freedom as The Levellers and John Stuart Mill, a young man has now been banged up for expressing his thoughts.

Stacey’s thoughts were far from pleasant ones. In fact they were offensive and repugnant.

What kind of freedom of speech do you have when you can be punished for expressing unpopular and idiotic sentiments? None whatsoever. When you’re only free to mouth the mainstream popular opinions — or what the state tells you is acceptable — you don’t have freedom of speech at all.

When other tweeters complained to Stacey about his off-colour comments, he started to use racist language. He told his detractors to “f**k off”, and hurled pretty much every racial slur under the sun at them.

The Twitterati reported him to the police. And sure enough he got a visit from the cops, was charged with committing a racially aggravated public order offence, and now finds himself in the clink alongside burglars and rapists.

Yes, Stacey’s comments were horrible. But this was speech rather than actions, the use of words rather than the use of fists, and there should never be any state involvement, certainly not arrests and showtrials, in the arena of speech.

In finding himself incarcerated simply because he refused to “Pray for Muamba” and then expressed nasty racist thoughts, Stacey has effectively been punished for committing a thoughtcrime, or perhaps its modern equivalent: a tweetcrime.

March 14, 2012

EFF reports on most recent legal setback for former owners of Righthaven

Filed under: Law, Liberty, Media, Technology — Tags: , , , , — Nicholas @ 11:26

It’s pretty much good news all the way through for bloggers and anyone else who quotes and links to material on the web:

Late Friday, the federal district court in Nevada issued a declaratory judgment that makes is harder for copyright holders to file lawsuits over excerpts of material and burden online forums and their users with nuisance lawsuits.

The judgment — part of the nuisance lawsuit avalanche started by copyright troll Righthaven — found that Democratic Underground did not infringe the copyright in a Las Vegas Review-Journal newspaper article when a user of the online political forum posted a five-sentence excerpt, with a link back to the newspaper’s website.

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