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Showing posts with label speech. Show all posts
Showing posts with label speech. Show all posts

Who should police Internet content?

Who really runs the Internet? A lot of companies you rarely hear about.  A good article about the Internet and hate speech in the Washington Post.

https://www.washingtonpost.com/technology/2021/03/24/online-moderation-tech-stack/

Privacy Rights Expanding in Australia?

Justice Keane of the High Court of Australia gave a speech at the end of 2020 that discussed privacy.

It was titled; "Too Much Information: civilisation and the problems of privacy" and argued that relying upon judicial development of the law to solve the problem of privacy "has been, at best, a hit and miss affair".

Justice Keane said it "would not be surprising were the High Court now to accept a tort of invasion of privacy" along U.S. lines.

"But such a cause of action would probably be confined to cases of intentional intrusion, physically or otherwise, upon the solitude or seclusion of an individual or his or her private affairs.

"In the case of the publicising of a matter concerning the private life of an individual, the conduct would be actionable if the matter publicised is of a kind that would be highly offensive to a reasonable person and is not of legitimate concern to the public."

He noted that in the recent High Court case involving the Australian Federal Police raid on the home of journalist Annika Smethurst the media "carefully eschewed any attempt to press forward . . . towards a broader protection of privacy".  (I suspect that the media did not want to expand the right of privacy in Australia even though it may have been helpful in this case - because the media since at least 1890 has been the subject of negative criticism regarding the media's lack of respect of privacy rights.)

AFR Article: https://www.afr.com/companies/media-and-marketing/high-court-judge-takes-swipe-at-media-on-privacy-20200927-p55zo0

Text of Keene J's Speech: https://cdn.hcourt.gov.au/assets/publications/speeches/current-justices/keanej/keanej27Aug2020.pdf

Jurisdiction over Google

In Canada, on June 13, 2014, a Canadian court issued an injunction requiring Google to remove certain websites from its internet search results worldwide. Those websites were operating in violation of previous court orders and were being used to market a product that the plaintiffs say was developed through theft of their trade secrets.  The injunction granted was on a worldwide basis.

The injunction was upheld by both the Court of Appeal and the Supreme Court of Canada, but Google then obtained an order from a California court making it unenforceable in the United States. Google now applies to set aside or vary the injunction.  Google was unsuccessful.

See Equustek Solutions Inc. v. Jack, 2018 BCSC 610 https://www.bccourts.ca/jdb-txt/sc/18/06/2018BCSC0610.htm

Comments in this Canadian Blog

X v. Twitter


A case in NSW requiring Twitter to remove posts on a worldwide basis that contained confidential information.


Comment in this blog post.

First Amendment and Social Media

Social media and First Amendment issues were debated in oral argument before the US Supreme Court in Packingham v. North Carolina.

See:  http://www.scotusblog.com/case-files/cases/packingham-v-north-carolina/

Issue:  Whether, under the court’s First Amendment precedents, a law that makes it a felony for any person on the state's registry of former sex offenders to “access” a wide array of websites – including Facebook, YouTube, and nytimes.com – that enable communication, expression, and the exchange of information among their users, if the site is “know[n]” to allow minors to have accounts, is permissible, both on its face and as applied to petitioner, who was convicted based on a Facebook post in which he celebrated dismissal of a traffic ticket, declaring “God is Good!”

In oral argument on 27 February 2017, Justice Kennedy drew an analogy between social media and the public square.  Justice Ginsburg said restricting access to social media would mean being cut off from a very large part of the marketplace of ideas.  The First Amendment includes not only the right to speak, but the right to receive information.

Hate Speech on Facebook

If someone posts something hateful, and possibly illegal, on your Facebook page, what should you do?

See Smart Company article about Anzac biscuits.

You Can't Say That on The Internet

A BASTION of openness and counterculture, Silicon Valley imagines itself as the un-Chick-fil-A. But its hyper-tolerant facade often masks deeply conservative, outdated norms that digital culture discreetly imposes on billions of technology users worldwide.

See NY Times

China Blogging

A spokesperson for the Beijing Internet Propaganda Management Office announced in a recent press conference that Beijing aims to complete mandatory real name registration for microblog platforms by March 16.  The Office has also established a microblog development expert advisory group composed of experts from Tsinghua University, China University of Political Science and Law, the People's Daily Online's Public Opinion Testing Center, China Labs, and the Data Center of the China Internet (DCCI).

Chinese internet company Sina launched a real name verification function to its user registration form as of January 1, 2012. The new function compares user-submitted data, such as name and national ID card number, and if a user's information does not match comparison records the user can only browse existing posts. In order to be able to post content, users must resubmit correct information. To date, 3 mlllion new users have submitted real name information, and single day registration volume continues to grow. For existing users, Sina will offer additional functionality and privileges to users that submit real name credentials, implement a user trust ratings system, and this week will launch a verified real name ID badge. Sohu previously launched a promotional campaign, offering 20 mln Sohu Video monthly subscription cards and RMB 1 mln worth of mobile phone recharge cards to users who submit real name data early. Online real estate site Soufun offered prizes, including free vacation housing in 13 popular tourist destination cities. Users who do not register by March 16 will lose their posting and reposting privileges.

Regarding user data security, a Sina spokesperson said that users will be notified by mobile phone or other channels if someone logs into their account from a different location. If any anomalies occur, users can lock their account from their mobile phone even if someone else is logged in. A spokesperson for Sohu said that Sohu does not store any user data after authenticating the user's identity.

Source:  Marbridge

Hacktivist raided

Swiss Hacktivist was raided at the request of U.S. authorities for data theft and then publishing what was hacked. https://amp.9news.com.au/...