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Tag: Law

Freedom of Speech in the UK

Posted by Andrew at 3:37 AM on November 17, 2012

Law GavelIn the latest podcast, Todd rightly asks about the apparent lack of freedom of speech on social media in the UK. Undoubtedly, it’s a complex issue but it is becoming increasingly clear that the right to free speech is under threat here in Britain. In this post, I’ll look at some of the issues, but to start with, I am not a lawyer (thank goodness) and this doesn’t constitute legal advice.

Unlike the USA, the UK does not have a written constitution guaranteeing rights. The closest the Britain gets to this is the Human Rights Act (1998) which only came into force in 2000. The Human Rights Act is the embodiment in UK law of the European Convention on Human Rights (pdf).  The ECHR’s Article 10 provides the right to freedom of expression but as will be noted from part 2 of the article below, there are plenty of possible exceptions. I’ve embolden the part that is relevant to the discussion here.

“The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”

Obviously, the UK police do not pro-actively monitor social media looking for offensive posts. A complaint has to be received by the police based on someone taking offence at a posting on social media. The UK law has increasingly moved away from “offence intended” to “offence taken”. This was primarily done to increase the power of law in areas of discrimination, where people could avoid convictions by claiming that sexually or racially offensive language wasn’t intended in the way it was taken. Now the law supported those who were offended by the sexual or racial innuendo, regardless of intention. However, the “offence taken” law has grown out of its discriminatory roots to take hold in almost any area of offence.

Much as the compensation culture has grown, a similar one has arisen that “bad things” are always someone else’s fault and they have to pay. Although it started with physical hurt, this has gradually extended to psychological hurt and finally simple feelings. Instead of “sticks and stones will break my bones”, it’s “I’m going to tell on you.”

Finally, both the police and the legal system have increasingly taken a view of what’s legal and illegal rather than what is right and wrong. Consequently, instead of the police looking at the social media post with a bit of common sense and telling the complainant to grow-up, the police are now obliged to follow procedure and take up the complaint.

Overall, these changes in the law and approaches to policing now mean that abusive and offensive comments are taken much more seriously than before.

Let’s take a look at three cases that show the variety of circumstances.

The first tweet to come to widespread notice was Paul Chamber’s tweet in response to his local airport being shut because of snow. “Crap! Robin Hood airport is closed. You’ve got a week and a bit to get your (expletive deleted) together, otherwise I’m blowing the airport sky high!!” He was initially found guilty in May 2010 of sending a “menacing electronic communication” but fortunately eventually won his challenge in July of this year. The whole incident was farcical and made the law look stupid.

The second isn’t a tweet but a T-shirt worn in response to the shooting of two police officers that said, “One less pig perfect justice”, pig being an abusive slang term of the police. Barry Thew was jailed for four months for this, but many would have seen this as political commentary, particularly as it was about to be revealed that the police covered up their incompetence in a sporting disaster in which 96 people died by disgracefully blaming football fans killed and injured in the incident.

And finally, Britain has been embroiled in child sex abuse scandal involving a well-loved (but now dead) BBC TV personality. In the wake of this, a living person was named on Twitter as being a paedophile when he was wholly innocent and completely blameless. He’s now suing everyone who repeated the lie unless they apologise.

As can be seen, it’s a complex issue with both the freedom of speech under threat and the rights of others needing to be protected. The Crown Prosecution Service has recognised that there is potentially a problem and is intending to consult with the legal profession and social media companies. The Director of Pubic Prosecution, Keir Starmer, QC, has said that “People have the right to be offensive, they have the right to be insulting, and that has to be protected.

In a recent statement about another tweeting case, the DPP said, “Social media is a new and emerging phenomenon raising difficult issues of principle, which have to be confronted not only by prosecutors but also by others including the police, the courts and service providers. The fact that offensive remarks may not warrant a full criminal prosecution does not necessarily mean that no action should be taken. In my view, the time has come for an informed debate about the boundaries of free speech in an age of social media.

There’s hope yet.

Courtroom Gavel photograph courtesy of Bigstock.

Nothing to Hide, Nothing to Fear?

Posted by Andrew at 9:45 AM on July 16, 2012

Interception of Communications Commissioner“If you’ve nothing to hide then you’ve nothing to fear” is often trotted out in the debate around privacy and secrecy. Superficially it seems reasonable but even with a modicum of critical thinking, the adage becomes trite and flawed. However, even if you did believe that “nothing to hide, nothing to fear” was reasonable, then the latest report from the British 2011 Annual Report of the Interception of Communications Commissioner (.pdf) ought to give food for thought.

The report covers the Regulation of Investigatory Powers Act (RIPA) which includes the postal service, telephony and electronic forms of communication, and can be carried out for both law enforcement and national security purposes. There are two distinct areas, the first being the interception of communications and the second being the acquisition of communications data. Simplistically, the first area is about directly listening in on a communication and the second is about who, when and where a communication took place.

In 2011, the total number of lawful interception warrants for the UK was 2911, and this all seems quite reasonable, given the population of the UK (60-odd million). However, in amongst the successful security operations, we also find that the security and associated agencies made 42 mistakes (1.4%), usually through typographic errors. In all instances, the error was discovered before the intercept took place or else all the material associated with intercept was destroyed.

Communication data requests cover information about communications, mainly subscriber data, service use data and traffic data, rather than the content of the communication itself. There were 494 078 communication data requests in 2011, an 11% decrease on the previous year. As you might guess, there were a few errors there too, with 895 mistakes being reported. Although this represents an error rate of only 0.18%, I’m sure it will be of little comfort to the two wholly innocent individuals who were arrested by the police because of these mistakes. Again typographic errors in the transcriptions of phone numbers or IP addresses were largely to blame but of additional concern was that nearly 100 of the errors were identified by auditors and weren’t recognised at the time of the requests.

If you think that because you’ve nothing to hide then you’ve nothing to fear, think again. You’ve everything to fear from the transposed digit, the wrong post code look-up and the minimum-wage flunky copying and pasting from the wrong records.

Probably not what you were worried about at all.

GNC-2012-05-01 #761 Listener Appreciation Month

Posted by geeknews at 1:01 AM on May 1, 2012

May will be the month of giveaways, listen to win. I also go into some of things that I have been doing which you are probably already aware to ensure the stability of the show for the long hall. Extended dialogue time on this show but with a hard hitting tech show as well.

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Show Notes:
Wind Generators and Global Warming?
Can’t trust the Tech Blogs!
Copyright is broke really bad.
Copyfraud and Trolls.
More Copyright Stupidity.
Harvard Battles Journal Costs.
Facebook likes not Protected Free Speech.
McCarthy is back at FBI!
Dotcom gets a bunch of his Money back.
Pirate Bay censored in U.K.
Hulu to require cable?
Backdoors Everywhere.
SETI to help Air Force?
Soyuz lands!
100 days to Mars Landing.
Time running out for Moores Law?
SiriusXM App Update not so good!
Microsoft dumps 300 million into Nook.
Fair Use is dead.
Digg to Washington Post?
Harley makes it from Japan.
Mirrorcase Kickstarter.
Paul Miller leaves the Net!
SpaceX test fire on pad?
Triggertrap.
Dish Hopper up to 6 channel record DVR.
Internet Speed down overall.
Bluetooth everywhere.
Skype Update on iOS.
www Turns 19.
Cloud Storage chart.

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Apple to the DOJ: You are Wrong.

Posted by KL Tech Muse at 10:21 AM on April 13, 2012

Apple vs DOJ As I reported before Apple and various publishers have been sued by the DOJ for price-fixing and collusion in US VS Apple. Apple responded today with a brief statement saying “ it’s not true.” Apple stated that they broke Amazon’s e-book monopoly and therefore did a good thing.  Others, myself included would argue that the agency model has artificially raised prices for the consumer. This is a case where clearly the market is being manipulated to the advantage of a certain segment. In Apple’s statement they pointed out that before the iBook Amazon controlled ninety percent of the e-book market two years later it is down to 60 percent. The question may become whether which is more important the percentage of the market in numbers that a business controls or is it the ability to control pricing within that market. Apple controls less than 40 percent of the eBook market but because of their agreement with the publishers they and the publishers control the prices. Many legal experts think that it maybe difficult for the DOJ to win this case, especially the collusion charge. The papers filed by the DOJ clearly show that the various publishers met in secret in an attempt to block Amazon’s ability to sell their books at a discount. However there is little evidence that Apple participated in those meetings. Apple can argue that the publishers may have colluded but they had nothing to do with that. Apple definitely has the money to fight this case, so don’t expect a quick settlement. Sit back and relax, because this fight has just begun.

All Your .com Are Belong To US

Posted by Andrew at 9:40 AM on March 1, 2012

In the latest cyber moves by the Dept of Homeland Security against a Canadian on-line gambling outfit, it’s been confirmed that if it’s a .com domain, it falls under US jurisdiction, regardless of where the servers are, where the company is incorporated or who the domain registrar is.

Strangely for the “Land of the Free”, Americans aren’t allowed to gamble on-line but this didn’t stop Bodog, a Canadian-based on-line gambling site with the domain bodog.com, from aggressively marketing its services to US citizens. As a result, Bodog’s four owners have been indicted (pdf) on various internet gambling charges.

Almost everything to do with this organisation was out of harm’s way in Canada – the company, the owners, the servers, the domain registrar – so the DHS took the step of forcing Verisign into doing the dirty work. Verisign manages the .com infrastructure and they removed (pdf) some of the key linking records to the bodog.com domain, thus putting the domain off the net.

In this instance, it can be hard to feel any particular sympathy with Bodog as it appears that they did what they did knowing that it was illegal. Regardless, though the point is now made that a .com can be taken off the internet pretty much because the US doesn’t like it. Selling holidays to Cuba – you’re gone. Trading with Iran – you’re off-line. Evolution is a fact – you’re history.

If you or your organisation has a .com, you’re now under US jurisdiction, and if you think this is bad, imagine what it would have been like if SOPA had been enacted.

GNC-2012-01-27 #737 Shame on Hawaii Legislature!

Posted by geeknews at 12:44 AM on January 27, 2012

Going to be implementing some Studio upgrades in the next couple of weeks should be fun. I go after a couple of my state legislatures pretty hard tonight on two idiotic bills that they introduced. Also hope I was not to punchy on the last show notes. I am feeling much better by the way and although the voice is not a 100% I feel a 100% better.

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GNC-2011-12-15 #729 Task Saturation @ 195%

Posted by geeknews at 1:35 AM on December 16, 2011

Things have been busy here in a good way. I have been pulling some 19 hour days. Hopefully by Sunday things are going to cool off just a bit and I can enjoy the holidays. I hope you will stay tuned in through the Christmas break as I will be cranking out shows throughout the holiday period. We introduce a new sponsor to the show tonight details below… I talk about GoDaddy.com coming on board as out CES 2012 Official Media Sponsor and the Special Offer!

Note: I am hiring 5 writers email me geeknews@gmail.com

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GNC-2011-11-12 #722 CES 2012 Support Needed

Posted by geeknews at 12:55 AM on November 18, 2011

Ok for the business folks out there that need some extra exposure. I have a ridiculous deal for you, get heard and seen on this show through the dates below.. Pony up to the bar and help support the Support staff for CES 2012. All moneys earned will go towards those team members support cost for the show.

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GNC-2011-10-03 #710 Monster Show

Posted by geeknews at 1:15 AM on October 4, 2011

Monster show tonight with a Ton of stories, I only cover the upcoming iPhone announcements ever briefly as most of you will get the details early tomorrow morning. I want to welcome all of the new Google+ Listeners as those following me over their has exploded! Subscribe to the show and get signed up for the newsletter.

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The Data Retention Act vs Protect Our Children from Pornography Act

Posted by KL Tech Muse at 12:38 PM on July 30, 2011

justiceWhat if I told you there was a bill that would make it easier for law enforcement to stop child pornography and protect children, would you be for it. What if I told you that there was a bill that forced ISP to retain their customer names, addresses, phone numbers, credit card numbers, bank account numbers and temporary assigned ISP addresses. What would you think of that bill. Well, what you say if I told you it was all the same bill, well it is. The House Judiciary Committee passed HR 1981- The Protecting Children from Internet Pornographers Act of 2011. If this bill passes the full House and Senate and becomes law it would require ISPs to keep 12 months worth of personal information. Anyone with access to the information would be able to tell what web sites you visited and what content you posted on-line. Those who support the legislation say it will help law enforcement fight child pornography, because there will be a semi-permit record to follow and the pornographers will not be able to hide their tracks. Those who oppose the legislation including the EFF say it assumes that everyone is guilty and that it erodes the rights of everyone online.

Of course the title of this bill, makes being against it difficult. What nobler cause is there then being against child pornography. The problem with this line of thinking is that it is so easy to give up rights in the name of security or to protect a vulnerable group, it is a path we should only take if absolutely necessary. There are already various laws and technologies that deal the same issue including the 2008 “Protect Our Children Act” which already requires ISP’s to report any time they have actual knowledge of possible transmission of child pornography. If this bill does become law and once the data is collected don’t be surprised if other interest including the RIAA and the MPAA will begin to want access to this same data in their ongoing fight against piracy.

Not only does this bill erode users rights and privacy, but it puts a burden on the ISPs to not only maintain those records, but to protect that information from hackers. Recent history has shown that this is very difficult and costly. Larger ISP can handle the cost, smaller ISPs may not have the means to handle the burden. This may lead to less choice for the consumer in the long run Also the more tech savvy pornographers will find ways around the system by using Tors, open wi-fi, bots and other methods. The question becomes how much privacy and rights of the innocents are we willing to give up to maybe stop the guilty.