Quotulatiousness

March 10, 2011

“An opportunity to stop English libel law chilling free speech around the world”

Filed under: Britain, Law, Liberty, Science — Tags: , , — Nicholas @ 12:43

Simon Singh at the Guardian‘s “Comment is Free” site explains just how much the chilling effect of English libel law can obstruct free speech:

. . . it is important to remember that for every case of a scientist or journal who dares to face the ordeal of a libel trial, there are dozens of (or probably hundreds of) others who immediately apologise and retract after a libel threat, or who self-censor in order avoid any risk of libel, which is the so-called chilling effect of libel.

For example, I gave an interview to an Australian medical correspondent at the Melbourne Age about the lack of evidence surrounding homeopathy, but he was unable to quote me in detail because his in-house lawyer was frightened of being sued for libel in London. The only reason this came to light was because the journalist in question wrote a blog describing how tough it was to be a health journalist in Australia when the vulture of English libel law was always circling above.

More worryingly, I recently received an email from an American researcher (whose name I cannot mention) who had worked with a librarian (whose name I cannot mention) to write a paper on the subject of impact factors, the scoring system often used by librarians and others to assess the quality of a research journal. The anonymous researchers cited one journal (whose name I cannot mention) which may be using certain techniques to boost its own impact factor. Impact factors are an important issue, so the paper was sent to a respected British journal (which I shall not name in order to avoid embarrassment) with an international readership. The journal replied: “We regret that we are unable to publish after all because unfortunately it has potential legal implications under UK libel law.”

The anonymous researchers then sent the paper to an American journal (which I shall not name), which also had an international readership and which did agree to publish the paper. Initially, there seemed to be no problem, because the in-house lawyer agreed that the paper did not breach US libel law. However, the lawyer went on to demand that edits were necessary or there would be a serious risk of being sued in London according to English libel law.

The British government is to introduce a new bill to (one hopes) address some of these concerns soon. Let’s hope that they’re paying attention.

March 5, 2011

Robert Fulford on feminism

Filed under: History, Law, Liberty, Politics — Tags: , , , — Nicholas @ 11:10

Coming up on the 100th observance of International Women’s Day, Robert Fulford takes a step back to view the feminist movement:

Some organized attempts to improve the lot of humanity claim limited victories; others do more harm than good. Only feminism can claim to have broadened, permanently, the lives of half the humans in the West. Its success, based on earnest arguments and improvised political strategies, is without parallel in the last century. Nothing since the Industrial Revolution has done so much to expand opportunity.

Feminism has altered a whole culture’s ideal version of sexual roles. It has changed the professions, most strikingly medicine and law. It has affected how children are raised, how the law deals with domestic life, how corporations and public institutions are staffed.

Like all revolutions, feminism is at war with itself. Many one-time feminists have quietly abandoned that term after watching former comrades flock behind every dubious new faction in the grievance culture. Radical feminists consider feminism a failure because it has not wiped out poverty, which should have been its goal. Events have so addled the radicals that they believe anyone who calls feminism a success is a covert enemy. Radicals believe we are living through a long dark night of conservatism and therefore have a right to be miserable, indefinitely. Celebrating anything, even the success of a movement they helped start, would rob them of their bitterness.

The world still needs the feminist spirit. It should shine a consistent light on the many millions of women who are caged by misogynistic religions and male-made dictatorships. Freeing them should become the central feminist project.

February 9, 2011

Fifteen years ago

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

John Perry Barlow wrote the Declaration of the Independence of Cyberspace:

Governments of the Industrial World, you weary giants of flesh and steel, I come from Cyberspace, the new home of Mind. On behalf of the future, I ask you of the past to leave us alone. You are not welcome among us. You have no sovereignty where we gather.

We have no elected government, nor are we likely to have one, so I address you with no greater authority than that with which liberty itself always speaks. I declare the global social space we are building to be naturally independent of the tyrannies you seek to impose on us. You have no moral right to rule us nor do you possess any methods of enforcement we have true reason to fear.

Governments derive their just powers from the consent of the governed. You have neither solicited nor received ours. We did not invite you. You do not know us, nor do you know our world. Cyberspace does not lie within your borders. Do not think that you can build it, as though it were a public construction project. You cannot. It is an act of nature and it grows itself through our collective actions.

You have not engaged in our great and gathering conversation, nor did you create the wealth of our marketplaces. You do not know our culture, our ethics, or the unwritten codes that already provide our society more order than could be obtained by any of your impositions.

You claim there are problems among us that you need to solve. You use this claim as an excuse to invade our precincts. Many of these problems don’t exist. Where there are real conflicts, where there are wrongs, we will identify them and address them by our means. We are forming our own Social Contract. This governance will arise according to the conditions of our world, not yours. Our world is different.

Cyberspace consists of transactions, relationships, and thought itself, arrayed like a standing wave in the web of our communications. Ours is a world that is both everywhere and nowhere, but it is not where bodies live.

We are creating a world that all may enter without privilege or prejudice accorded by race, economic power, military force, or station of birth.

We are creating a world where anyone, anywhere may express his or her beliefs, no matter how singular, without fear of being coerced into silence or conformity.

Your legal concepts of property, expression, identity, movement, and context do not apply to us. They are based on matter, There is no matter here.

Our identities have no bodies, so, unlike you, we cannot obtain order by physical coercion. We believe that from ethics, enlightened self-interest, and the commonweal, our governance will emerge. Our identities may be distributed across many of your jurisdictions. The only law that all our constituent cultures would generally recognize is the Golden Rule. We hope we will be able to build our particular solutions on that basis. But we cannot accept the solutions you are attempting to impose.

In the United States, you have today created a law, the Telecommunications Reform Act, which repudiates your own Constitution and insults the dreams of Jefferson, Washington, Mill, Madison, DeToqueville, and Brandeis. These dreams must now be born anew in us.

You are terrified of your own children, since they are natives in a world where you will always be immigrants. Because you fear them, you entrust your bureaucracies with the parental responsibilities you are too cowardly to confront yourselves. In our world, all the sentiments and expressions of humanity, from the debasing to the angelic, are parts of a seamless whole, the global conversation of bits. We cannot separate the air that chokes from the air upon which wings beat.

In China, Germany, France, Russia, Singapore, Italy and the United States, you are trying to ward off the virus of liberty by erecting guard posts at the frontiers of Cyberspace. These may keep out the contagion for a small time, but they will not work in a world that will soon be blanketed in
bit-bearing media.

Your increasingly obsolete information industries would perpetuate themselves by proposing laws, in America and elsewhere, that claim to own speech itself throughout the world. These laws would declare ideas to be another industrial product, no more noble than pig iron. In our world, whatever the human mind may create can be reproduced and distributed infinitely at no cost. The global conveyance of thought no longer requires your factories to accomplish.

These increasingly hostile and colonial measures place us in the same position as those previous lovers of freedom and self-determination who had to reject the authorities of distant, uninformed powers. We must declare our virtual selves immune to your sovereignty, even as we continue to consent to your rule over our bodies. We will spread ourselves across the Planet so that no one can arrest our thoughts.

We will create a civilization of the Mind in Cyberspace. May it be more humane and fair than the world your governments have made before.

February 6, 2011

“Mad Max” throws away the Quebec vote

Filed under: Cancon, Liberty, Politics — Tags: , , , — Nicholas @ 12:26

At least, that’s the way most in the media are likely to interpret his position on Bill 101:

Some people say I am not a “real Quebecer” and are accusing me of “attacking Quebec” simply because I want to be more popular in the rest of Canada. They seem unable to conceive that it’s possible to have a different position than theirs on the basis of fundamental principles.

My position is this: Yes, it’s important that Quebec remain a predominantly French-language society. And ideally, everyone in Quebec should be able to speak French. But we should not try to reach this goal by restricting people’s rights and freedom of choice.

French will survive if Quebecers cherish it and want to preserve it; it will flourish if Quebec becomes a freer, more dynamic and prosperous society; it will thrive if we make it an attractive language that newcomers want to learn and use. Not by imposing it and by preventing people from making their own decisions in matters that concern their personal lives.

Mad Max for PM!

Update, 9 February: According to an anonymous Conservative, Maxime Bernier is “mostly harmless”.

January 26, 2011

Is Julian Assange a modern Senator Joe McCarthy?

Filed under: Law, Liberty, Media, Politics — Tags: , , , , — Nicholas @ 12:42

Jim Goad asks if the actions of WikiLeaks are the modern-day equivalent of Senator Joe McCarthy’s anti-communist crusade:

Upon superficial inspection, still-living superstar hacker Julian Assange and long-dead commie-stalker Joseph McCarthy seem like natural-born enemies and political polar opposites. Technically, the Arctic and Antarctica are polar opposites, too, but are they really that different?

Comparing anyone to infamous anti-communist zealot Joseph McCarthy, as he is popularly understood in pop culture, is to accuse them of being a torch-carrying megalomaniac with a sociopathic disregard for the damage wrought by their ruthless, Spanish Inquisition-style paranoid purges, persecutions, pogroms, and perennial pickin’ on people. “McCarthyism” is considered a smear because we all must admit it was a shameful moment in American history when some upstart cheesehead Senator dared to suggest the American government was being infiltrated with communist sympathizers. Blot from your minds forever the fact that certain Soviet “cables” decrypted after McCarthy’s death seem to have at least partially vindicated him, and let us never teach in our public schools that communist governments murdered at least a hundred million human beings.

H/T to Ilkka for the link.

January 20, 2011

QotD: The ongoing retreat of freedom of speech in Canada

It used to be there actually had to be a violent protest before public institutions caved in and cancelled controversial events. That was unjustifiable, too. Police and officials should always seek to protect law-abiding speakers and organizers from the angry mob. Those who seek to disrupt events just because they disagree with the speakers should be the ones inconvenienced, not those exercising their constitutional rights.

Now, though, it seems the mere whiff of protest is enough for officialdom to bow to would-be protestors’ demands. Get together a group of unhinged radicals or zealots in someone’s rumpus room, make a couple of angry phone calls and — poof! — you can get your way and silence free speech and free assembly. Organizers, especially those connected with public institutions such as universities, museums and galleries, apparently care not a whit about free expression or individual choice. Their first instinct is to crater to protestors; let the forces of oppression and extremism have their way. Forget about preserving democracy and open debate, officials will act as the forces of censorship want.

Some of this has to do with the increased anger and vehemence of protestors, no doubt. In recent years, young lefties in particular have convinced themselves that only their positions are fact-based and only their positions can save the world. All other opinions are lies, as well as being threats to mankind and the planet. Therefore they are justified in any action they take to stymie opposing views, which they also believe are unworthy of free speech protection. They truly believe they are doing a public service when they shout down speakers or force the cancellation of events by smashing windows or jostling attendees outside the doors.

Lorne Gunter, “We’ve become a wimpy state, as well as a nanny state”, National Post, 2011-01-20

December 8, 2010

Worried about your upcoming citizenship test? Publius has the answers for you

Filed under: Bureaucracy, Cancon, History, Humour, Railways — Tags: , , , — Nicholas @ 08:48

Publius has done all the hard work for you so you can ace the new citizenship test:

So from the mouth of well meaning ignorance, how would a typical Canadian fare on Mr Kenney’s new immigration test? Thanks to the vast resources of this blog, and its network of agents and correspondents through out the Dominion, we have located the typical Canadian. He’s a male in his late thirties and lives in Kenora. Which I think is in Alberta. But from Toronto it’s hard to tell. We brought the typical Canadian to our high-tech testing center at the corner of Center St and Universe Ave, in downtown Toronto. Here is the test. And here is the typical Canadian’s answers:

– Identify four (4) rights that Canadians enjoy.

The right to complain about the weather. The right to complain about how taxes are too high. The right to complain that the government isn’t spending enough money on me or my community. The right to stand in the middle of the cookie aisle at Loblaws and block everybody’s way (I know who you are).

-Name four (4) fundamental freedoms that Canadians enjoy.

The freedom to speak, unless it offends a politically influential minority group. The freedom to own property, unless it offends a politically influential environmental group. The freedom to protest, unless it offends visiting dignitaries. The freedom to bitch about the weather, unless it offends a co-worker who is a ski-nut.

[. . .]

-What did the Canadian Pacific Railway symbolize?

That graft, corruption, political manipulation, juvenile anti-Americanism, and screwing over people who don’t live in Ontario and Quebec, has been a Canadian tradition since the beginning.

-What does Confederation mean?

Like federation but with more “con” in it. Like transfer payments.

[. . .]

-What is the role of the courts in Canada?

To uphold the laws of Canada, unless it conflicts with their personal political beliefs. At that point they just make stuff up, and then use some latin terms to cover their tracks.

-In Canada, are you allowed to question the police about their service or conduct?

Yes, but not during the APEC conference, the G20, or if you’re living in Caledonia.

November 29, 2010

Blatchford: “Fantino wasn’t ‘there for the little guy’ in Caledonia”

Filed under: Cancon, Politics — Tags: , , , , , — Nicholas @ 09:45

It’s probably safe to say that Christie Blatchford isn’t a fan of Julian Fantino, the Conservative candidate in the Vaughan by-election:

Now when Gary McHale, then of Richmond Hill, first poked his nose into the occupation that was going on in the town of Caledonia south of Hamilton, and began in late December, 2006, organizing rallies for those who objected to the way the Ontario government and the OPP were handling the occupation, Mr. Fantino had just taken over as the OPP boss.

He immediately demonized Mr. McHale, not a Caledonia resident, as “an outsider” with “an agenda.”

In a flood of internal e-mails to the officers who worked for him (these later were made public as a result of Mr. McHale’s various disclosure requests in court) and in his public statements, the then-commissioner went to remarkable lengths to characterize Mr. McHale and his supporters, to borrow from one of the e-mails Mr. Fantino sent, as “interlopers who put their own personal agendas” ahead of the purportedly grand peace efforts at the negotiating table.

It was an astonishing use of the resources of the state against a private citizen who had done nothing but exercise the very freedoms guaranteed by the Charter.

Of course, what made Fantino such a “great cop” is exactly why the Conservatives want him on their team:

But the point is, for a man hailed as the Conservatives’ hot new law-and-order fellow, there are some real questions about his credentials, at least as they showed themselves in Caledonia where the rule of law was shattered, and a rather terrifying indication of his willingness to turn the full beam of his attention and power upon individuals whose only sin is to disagree with him.

In this regard, I’m afraid, Mr. Fantino seems a sadly good fit for a party whose approach to law-and-order strikes me increasingly as cartoonish.

It must be pointed out, however, that the Liberals also tried to recruit Fantino to run for them. That reflects just as badly on Michael Ignatieff’s party as it does on Stephen Harper’s party.

If he is elected by the voters of Vaughan, he’s rumoured to be a shoo-in for a cabinet position. That says it all for the federal Conservatives.

November 22, 2010

“Anti-racism” is not the same as being opposed to racism

Filed under: Britain, Liberty, Media, Politics — Tags: , , — Nicholas @ 09:33

Ed West responds to reader complaints about a recent column:

The conventional definition of racism is the belief that “race” (however one defines that) is a primary or significant cause of differences between men; that some of these races are superior to others; and that it is acceptable to discriminate on grounds of race, or to behave unpleasantly to someone because of their race. The term dates to the 1930s, although “racialist” and “racialism” go back to the Edwardian period.

“Anti-racism” means something altogether different, and is best explained by the Civitas book Racist Murder and Pressure Group Politics, an account of the Salem-like events that gripped Britain in the 1990s. The authors cite the example of the Central Council for Education and Training in Social Work (CCETSW), which in 1991 set out the implementation of its new Diploma in Social Work.

The first tenet was “the self-evident truth” that “racism is endemic in the values, attitudes and structures of British society”.

The training manual then stated “steps need to be taken to promote permeation of all aspects of the curriculum by an anti-racist analysis”. All “racist materials” had to be withdrawn from the syllabus and CCETSW would decide what was racist.

In the rules there would be no freedom of speech for opinions that can be constructed as “racist” or favourable to “racism”, and “anti-racist practice requires the adoption of explicit values”. The first value is that individual problems have roots in “political structures” and “not in individual or cultural pathology”. (In other words, if different groups have different outcomes in terms of education or crime levels, it is all the fault of British racism, not of individuals).

A second value is that racial oppression and discrimination are everywhere to be found in British society, even when invisible. In other words, impossible to disprove!

November 21, 2010

Pat Condell: Human Rights Travesty

Filed under: Bureaucracy, Liberty, Religion — Tags: , , — Nicholas @ 12:20

He comes not to bury Twitter, but to praise it

Filed under: Media, Technology — Tags: , , , , — Nicholas @ 12:00

Linked from one of Walter Olson’s Twitter updates, an interesting summary by Alan Rusbridger on the things that Twitter does for media folks:

I’ve lost count of the times people — including a surprising number of colleagues in media companies — roll their eyes at the mention of Twitter. “No time for it,” they say. “Inane stuff about what twits are having for breakfast. Nothing to do with the news business.”

Well, yes and no. Inanity — yes, sure, plenty of it. But saying that Twitter has got nothing to do with the news business is about as misguided as you could be.

Here, off the top of my head, are 15 things, which Twitter does rather effectively and which should be of the deepest interest to anyone involved in the media at any level.

There are lots of people who send Twitter updates on what they made for dinner, or what they’re watching on TV, but you don’t have to follow them. I’ve been amazed at how useful Twitter has been to me for keeping on top of what I think of as “blogfodder” items: things that I think my own readers would be interested in.

November 16, 2010

It was such an urgent threat that only a week later, the authorities reacted

Filed under: Britain, Bureaucracy, Law, Liberty — Tags: , , , , , , — Nicholas @ 08:29

A good round-up of the “Twitter bomber” case:

It all started with a moment of grumpy sarcasm on Twitter. Frustrated that his planned trip to Northern Ireland was put in jeopardy by heavy snow at Robin Hood Airport in Doncaster, Mr Chambers whipped out his iPhone and posted the following message on the social networking site: ‘C***! Robin Hood Airport closed. You have got a week to get your s*** together, otherwise I’m blowing the airport sky high!’

A week later, he was in a police ­station being quizzed as a potential terrorist. He was eventually prosecuted under a law aimed at nuisance calls rather than under legislation for bomb hoaxes, which requires stronger evidence of intent.

After all, it was plain as a pikestaff that Mr Chambers didn’t have any intent to bomb anything at all. Even so, he was hauled before magistrates, found guilty of sending a menacing electronic communication and fined £385. A few days ago, Mr Chambers lost his appeal against his conviction and sentence.

He will now have to pay £2,600 legal costs as well. Judge Jacqueline ­Davies, who was sitting with two magistrates, ruled the tweet was ‘menacing in its content and obviously so’, claiming ‘any ordinary person’ would ‘be alarmed’ by it.

November 14, 2010

Life replicates art, kinda

As one of the comments on this article in The Cord points out, it’s highly ironic that “at a speech about a book detailing how the police did nothing to uphold the laws of the land the university did exactly the same thing.”

What was scheduled as a speech by Globe and Mail columnist Christie Blatchford turned sour tonight as protesters opposing the journalist’s new book Helpless: Caledonia’s Nightmare of Fear and Anarchy, and How the Law Failed All of Us took over the stage.

Three protesters locked themselves together at the centre of the stage where Blatchford was meant to speak at the University of Waterloo’s (UW) Humanities Theatre in Hagey Hall, with another individual acting as their “negotiator”. A fifth, Tallula Marigold, acted as the group’s media representative.

“We don’t want people who are really, really racist teaching [the people we love],” said Marigold of Blatchford. “And we don’t want that person to have a public forum because it makes it dangerous for others in the public forum.”

If nothing else, the passion of the protesters has persuaded me that I must buy and read Blatchford’s latest book . . .

November 11, 2010

Even more reason to believe that ACTA is a bad deal

Filed under: Bureaucracy, Law, Liberty, Media — Tags: , , , , , — Nicholas @ 08:45

From the folks at BoingBoing:

New revelations on ACTA, the Anti-Counterfeiting Trade Agreement (ACTA), a secretive global copyright being privately negotiated by rich countries away from the UN: ACTA will require ISPs to police trademarks the way they currently police copyright. That means that if someone accuses you of violating a trademark with a web-page, blog-post, video, tweet, etc, your ISP will be required to nuke your material without any further proof, or be found to be responsible for any trademark violations along with you. And of course, trademark violations are much harder to verify than copyright violations, since they often hinge on complex, fact-intensive components like tarnishment, dilution and genericization. Meaning that ISPs are that much more likely to simply take all complaints at face-value, leading to even more easy censorship of the Internet with nothing more than a trumped-up trademark claim.

November 10, 2010

Pat Condell: Free speech in Europe

Filed under: Europe, Law, Liberty, Religion — Tags: , , , — Nicholas @ 12:24

« Newer PostsOlder Posts »

Powered by WordPress