H/T to BoingBoing.
April 13, 2010
April 6, 2010
Recommended to your attention
A link from the latest Reason Online mailing led to this article, which is quite worth reading, if only for the pro-Canadian/anti-Soviet-Canuckistan comments:
The Hate-America-First outfit Heritage Foundation says the U.S. of A. may be a tad freer when it comes to economics than trans-fat-free Denmark, land of free speech for Islamo-dumbkopfs, but is less free than Canada, a country whose greatest export remains a former pitchman for Molson Export and one of
both ofthe stars of the original Star Trek series
And some of the amusing comments:
¢: I’ll assume they say Canada’s freer because it’s much, much whiter. White supremacists always rank Hong Kong at the top of things.
Ken Shultz: I don’t have the stats handy, but I think the notion of Canada being remarkably “white” is a bit of a misconception . . . especially if by “white” you mean some sort of uniform ethnicity.
From aboriginals and metis to the francophones in Quebec, and from the ethnic Chinese in Vancouver to the “Newfies”, I think Canada’s a lot more diverse than most Americans give them credit for.
It’s almost an American conceit, I guess, that when we look at the rest of the world, we don’t think it’s diverse unless more than 10% of the population is of African ancestry? [. . .]
dr duncan druhl: If you lived near Francophones, Francophiles, or just the French in general, trust me, you’d buy that they are a very distinct group. The ones in Canada are strange because they can’t stand the French because the France-French look down their nose at them for their strange dialect, which is probably as close to common street French from the 16th and 17th century as we’ll likely find anywhere.
creech: Canadians are too modest to start bragging about this. Canadian tax rates are such that the boss is starting to jigger intercompany pricing to move profit from the U.S. to Canada. Used to be the other way around.
Force shits upon Reason’s back: Canadians are too modest
Have you ever met a Canadian? They have many fine traits; modesty is not among them.
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March 23, 2010
Even parliamentarians have to watch what they say
A British member of parliament was investigated by the police after a complaint from a would-be British equivalent to one of our infamous Human Rights Commissions, for an ill-advised comparison of a burkha to a paper bag:
A race equality council was “outrageous” for complaining to police about criticism of the burka in a political debate, an MP said today.
Tory Philip Hollobone said he faced a police investigation after he dubbed the burka “the religious equivalent of going around with a paper bag over your head with two holes for the eyes”.
Northamptonshire Race Equality Council contacted police after the comment made during a parliamentary debate last month.
[. . .]
“There will be those who agree and those who disagree, and that is fine. What we cannot have in this country are MPs being threatened when they speak out on contentious issues.
“The judgment of the Northamptonshire Race Equality Council is quite wrong in speaking to police as they haven’t tried to engage in any debate.
“I have no criticism of the police — the police have behaved impeccably. But I do have huge criticisms of the Northamptonshire Race Equality Council, which is a taxpayer-funded organisation and should not be spending time trying to prosecute members of parliament. Their behaviour is outrageous.”
The fact that he’s an MP only makes this story more news-worthy, but it does illustrate just how circumscribed freedom of speech has become.
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The Canadian “flavour” of free speech
Marni Soupcoff hits the nail on the head with this observation:
Do Canadians understand freedom of expression? For several years, I’ve been arguing that the majority of them don’t — that despite freedom of speech’s prominent place in the Charter, they think it means the ability to say critical things provided these things don’t offend or upset anybody. Protest away, as long as you don’t actually rock the boat.
It’s part of that notorious “Canadian nice” thing: we’re so terribly afraid of offending someone that we’ve empowered the state to monitor and “correct” our speech and behaviour. We like the idea of free speech, but we also undercut the spirit by carving out exceptions to ensure that free speech is not free to offend or insult or demean the listener (or bystanders, or people totally unconnected to the conversation).
This is the genesis of our “hate speech” legislation, which legally defines certain kinds of speech as being so harmful that the use must be proscribed. We appear to fear the use of certain words and phrases as much as if they were literal clubs or bludgeons or some other kind of blunt instrument. In other words, we think it worse to hear offensive speech than to be physically threatened with bodily harm.
This is why the University of Ottawa’s François Houle not only felt it necessary to warn Ann Coulter about our draconian speech laws, but almost certainly felt that without such a warning, those laws were likely to be put into motion. The unspoken but hardly concealed subtext is that we recognize that Americans are more mature than Canadians: they can hear those horrible, horrible words without taking damage or harm.
What initially sounds like another example of Canadian smugness turns out to be an example of Canadian inferiority. Again.
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March 9, 2010
Opening the door to arbitrary punishment
Cory Doctorow talks about why the proposed “three strikes” internet ban is such a stupid idea:
February 6, 2010
Tweet of the day
loresjoberg
When all you have is a hammer, a nail, and 95 theses, everything looks like a church door.
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January 7, 2010
Tracking the effectiveness of bloggers by arrests
2009 was a tough year for journalists, with at least 76 killed and arrests and physical assaults increased over last year. In a back-handed way, the effectiveness of bloggers and other informal journalists could be measured by the ways in which they get harassed, intimidated, or otherwise interfered with as they tried to report on the news:
Meanwhile, the spotlight is increasingly falling on bloggers, as 2009 was the first year that more than 100 bloggers and cyber-dissidents were imprisoned.
In a number of countries online dissent is now a criminal offence: authorities have responded to the internet as pro-democracy tool with new laws and crackdowns. A pair of Azerbaijani bloggers were sentenced to two years in prison for making a film mocking the political elite.
China was still the leading Internet censor in 2009. However, Iran, Tunisia, Thailand, Saudi Arabia, Vietnam and Uzbekistan have all also made extensive use website blocking and online surveillance to monitor and control dissent. The Turkmen Internet remains under total state control. Egyptian blogger Kareem Amer remains in jail, while well-known Burmese comedian Zarganar has a further 34 years of his prison sentence to serve.
However, the Report also notes that democratic countries have not lagged far behind, instancing the various steps taken by European countries to control the internet under the guise of protection against child porn and illegal downloading. It also notes that Australia intends to put in place a compulsory filtering system that poses a threat to freedom of expression.
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December 11, 2009
Changes coming to England’s over-generous libel laws?
For the aggrieved, suing in London has been the way to go, due to English laws which strongly favour the plaintiff. This may change, as the laws are being reviewed:
England has long been a mecca for aggrieved people from around the world who want to sue for libel. Russian oligarchs, Saudi businessmen, multinational corporations, American celebrities — all have made their way to London’s courts, where jurisdiction is easy to obtain and libel laws are heavily weighted in favor of complainants.
Embarrassed by London’s reputation as “a town called sue” and by unusually stinging criticisms in American courts and legislatures, British lawmakers are seriously considering rewriting England’s 19th-century libel laws.
A member of the House of Lords is preparing a bill that would, among other things, require foreigners to demonstrate that they have suffered actual harm in England before they can sue here.
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December 4, 2009
More good news on reining in the out-of-control HRC bureaucracy
Colby Cosh summarizes the results of the Alberta Queen’s Bench decision on the Boisson case:
So how stands freedom of the press in Alberta after Thursday’s Queen’s Bench decision tossing out the Boissoin human-rights panel ruling? Justice E.C. Wilson’s reasons establish two big things, pending some higher-level judicial review of Alberta’s human-rights regime:
1. The Charter of Rights can’t be used willy-nilly by content creators in magazines and newspapers as a shield against tribunal oversight, but
2. The tribunals have to confine themselves strictly to the powers granted them by statute, defer to Charter values, respect the presumption of innocence, and in general act a lot less like a cross between a military junta and a three-ring circus.
In 2002 Red Deer preacher Stephen Boisson had written a sweaty, sulfurous letter about the Great Gay Conspiracy to the local daily paper (pause for ironic smirk: it’s called the Advocate). Among other things, Boisson denounced the spectacle of “men kissing men”, which suggests he may not know his way around the synoptic Gospels too well. In any event, a panel of the Alberta Human Rights and Citizenship Commission found him guilty of discrimination-by-the-word, and he was subjected to a fine, prior restraint on his future speech, and a demand for a written apology.
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October 24, 2009
October 22, 2009
Soon, they’ll demand a fee for thinking about the songs
Although this particular case appears to have ended correctly — with an apology from the heavy-handed enforcer — it does still illustrate just how far the copyright police are willing to go:
A shop assistant who was told she could not sing while she stacked shelves without a performance licence has been given an apology.
Sandra Burt, 56, who works at A&T Food store in Clackmannanshire, was warned she could be fined for her singing by the Performing Right Society (PRS).
However the organisation that collects royalties on behalf of the music industry has now reversed its stance.
They have sent Mrs Burt a bouquet of flowers and letter of apology.
Mrs Burt, who describes herself as a Rolling Stones fan, said that despite the initial warning from the PRS, she had been unable to stop herself singing at work.
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October 21, 2009
Can Twittering be sufficient cause for arrest?
Regardless of your opinions on the particular cause, the recent arrest of a protest organizer should cause concern. Harry A. Valetk looks at the case from a legal standpoint:
“SWAT teams rolling down 5th Ave. … Report received that police are nabbing anyone that looks like a protester. … Stay alert watch your friends!” Pennsylvania State Police arrested New York social worker Elliot Madison last month for being part of a group that posted messages like those on Twitter. The arrest took place in a Pittsburgh motel during protests at the Group of 20 summit. In all, almost 5,000 protesters demonstrated throughout the city during two days, and about 200 were arrested for disorderly conduct.
But Madison wasn’t among those protesting on the street. Instead, published reports say he was part of a behind-the-scenes communications team using Twitter to “direct others, specifically protesters of the G-20 summit, in order to avoid apprehension after a lawful order to disperse.” A week later, FBI agents spent 16 hours in Madison’s home executing a search warrant for evidence of federal anti-rioting law violations.
This isn’t, at least based on the initial reports, a criminal mastermind perpetrating some atrocity . . . this is someone trying to help others falling afoul of legal entanglement. If it turns out that he was attempting something that is clearly illegal, then the courts will sort it out — but that isn’t what appears to be the case here.
Presumably, officers believed that Madison violated this statute when he warned other protesters on Twitter about “impending” police apprehension. But this prohibition assumes that the warning is given to fugitives or others committing a crime. Can we make this broad assumption about an entire group of protesters? Not likely. And, even so, the statute specifically allows warnings to bring that individual into compliance with law (e.g., a motorist warning a speeder about a speed trap).
Still, it seems this arrest is really about speech — what you can say to others during a public protest. Can you warn others online by saying, “Hey, don’t go down that street because the police have issued an order to disperse”?
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October 20, 2009
FTC guidelines require me to inform you that . . .
. . . I have received no free materials, no payment, and no promised service in exchange for blogging. Others, like Daniel Kalder may end up having to splash nonsense like the start of this post across all their book reviews posted online:
In a fascinating interview conducted with Richard Cleland of the FTC, books blogger Edward Champion exposed the manifold incoherencies in the guidelines. Read the whole thing, for yea verily, it abounds in absurdity. What leapt out at me was the blanket assertion made by Cleland that “when a publisher sends a book to a blogger, there is the expectation of a good review”.
To which Champion replies: “I informed him that this was not always the case and observed that some bloggers often receive 20 to 50 books a week. In such cases, the publisher hopes for a review, good or bad. Cleland didn’t see it that way.”
“If a blogger received enough books,” said Cleland, “he could open up a used bookstore.”
Got that? Good Lord, the man’s a genius! I never realised this criticism lark could be so lucrative! Yes indeed, in Cleland’s brave new world a review copy is compensation, and a review from a blogger is a priori an endorsement, even if negative. Mysteriously the FTC does not require newspapers to disclose how they come by the books they review, or any other freebies their journalists might receive. And yet to pick one obvious example, almost all travel journalism actually is built on the kind of payola/payback system Cleland ascribes to book reviewing, so I can’t see why not.
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