Question:
Criminalisation will not stop radicalisation

How will criminalising visiting extremist websites prevent radicalisation? Those who know about the law will simply look for the same material that they used to find on extremist websites elsewhere on the internet either through social networks such as Facebook and twitter, where for example Muhammad al-Arefe a Saudi cleric who has issued a fatwa endorsing violence against non-Muslims has over a million followers, [1] or other immense sites such as youtube. Radicalisation over the internet will therefore not be stopped by punishing users of certain websites.

Indeed such punishment of users of extremist websites may well end up creating more radical extremists than it prevents. Merah himself when talking to police negotiators before his death told them that it was being sent to prison for 18 months for driving without a licence that provoked his outrage against France and path to murder. This law would be putting more young men in prison and therefore potentially radicalising them through giving them something to be angry about, the opportunity to meet real extremists and demonstrating why the extremists believe the west should be attacked. [2]

[1] Kessler, Oren, ‘Saudi clerics use social media to spread hate’, Jerusalem Post, 10 May 2012.

[2] Lando, Barry, ‘New Laws Pushed by Nicolas Sarkozy After Toulouse Massacre Go Too Far’, The Daily Beast, 24 March 2012.

Criminalisation will prevent radicalisation by stopping users accessing the most extreme content. Sites such as YouTube and Facebook already police themselves and are unlikely to allow extremist materials to remain online for extended periods in the face of public pressure. [1] It is for extremist websites where public pressure can have no effect that needs the law to step in by punishing those who are regularly visiting those sites and being radicalised by them.

[1] Google, ‘Our approach to free expression and controversial content’, googleblog, 9 March 2012.

It is unquestioningly taking the ‘consensus’ view on issues like evolution and climate change that is misleading children. Teaching only the one viewpoint misleads children into thinking that the issue is fact and settled so denying the ongoing controversies in each of these areas. [1]

[1] Zabarenko, Deborah, ‘Tennessee teacher law could boost creationism, climate denial’, Reuters, 13 April 2012, http://www.reuters.com/article/2012/04/13/us-usa-education-tennessee-idUSBRE83C0JR20120413

Government shouldn’t interfere with the internet economy

It almost never ends well when governments interfere with the internet economy. The graduated response policy against the unauthorized downloading of copyrighted content is one example: it violates the same principles as a filter against child sex abuse material, but it also doesn’t succeed in its’ goal of helping content businesses innovate their business models, which is why France is considering discontinuing it. [1] Also, other businesses are slowly replacing the old fashioned music-industry, showing that companies on the internet are fully able to survive and thrive by offering copyrighted content online. [2]

When governments do become active in the internet economy, they’re likely to run very high risks. IT projects are very likely to fail, run over budget and time, [3] especially when it concerns governments. [4] This means that governments shouldn’t be ‘going digital’ anytime soon, as the data governments handle is too sensitive. The case of digital signatures is a good example: when the provider of digital signatures for tax and business purposes, DigiNotar, was hacked, it not only comprised the security of Dutch-Iranian citizens, [5] but also hampered government communications. [6]

[1] ‘French anti-p2p agency Hadopi likely to get shut down’. 2012.

[2] Knopper, ‘The New Economics of the Music Industry’. 2011.

[3] Budzier and Flyvbjerg, ‘Why your IT project may be riskier than you think’. 2011.

[4] ‘Government IT Projects: How often is succes even an option?’. 2011.

[5] ‘Fake DigiNotar web certificate risk to Iranians’, 2011.

[6] ‘Dutch government unprepared for SSL hack, report says’, 2012.

By definition, we don’t know what is suppressed by governments; who knows, maybe there are aliens at Roswell, Presley is alive and well and Nixon shot Kennedy. However, unofficial leaks as well as official reclassifications of secret data always excite interest, so it seems reasonable to assume that there is some information that remains classified with good reason. However old information such as military ciphers, designs for armaments and discussions that suggests more than usual levels of incompetence of mendacity among the political classes, they are likely to remain secret – for the excellent reason that confidence in the entire system depends on it. For better or worse, that process tends to be called national security.

While it may be a journalist’s job and duty to call the government to account this is not the duty of a soldier who is supposed to be following orders. The soldier’s duty in such a situation would have been to report up the chain of command. As the Judge in the case concluded: "There is no need to steal thousands of classified documents in order to bring 'aspects of IDF operations to the public's attention,' or investigate 'war crimes.' Any independent body given those documents, even by someone like the defendant, has no (security) clearance to afford it the review of such military secrets… There was also no need to give a reporter thousands of sensitive documents without discretion." [1]

[1] Lutvitch, Vered, ‘Kam: History forgives those who expose war crimes’, Ynet News.com, 12 April 2010.

Anat Kamm did not leak information that could ever result in the destruction of the Israeli state. Her lawyer argued "It was never her intention to harm the security of the state” and this was accepted by the Israeli state as shown by the plea bargain in which it dropped the charge having the intention to harm the security of the state. [1] If the state’s survival was not at stake then the right to freedom of information clearly applies.

[1] Edelman, Ofra, ‘Tel Aviv court accepts plea bargain in Anat Kamm espionage case’, Haaretz, 6 February 2011.

First the ‘don’t say gay’ bill has not been passed as it was dropped by its republican sponsor Joey Hensley. [1] That this bill is directed at only a few subjects does not mean that it is not about academic freedom and freedom of speech. The bill is simply targeting and highlighting areas where the assembly believes free speech is lacking and alternative views need to be presented.

[1] ‘Tennessee ‘Don’t Say Gay’ Bill To Get Axed’, Huffington Post, 1 May 2012, http://www.huffingtonpost.com/2012/05/01/tennessee-dont-say-gay-bill_n_1...

Drones are an unusual example (though not unique) because they are a new form of warfare over which there are few clear rules and norms. This means that making it transparent will create new norms. However in the vast majority of covert operations if made public they would clearly be illegal and would have to be ended. Drones are also unusual in that the public sees few downsides to the killing, this means there would be less public pressure than in most such operations.

It seems perverse to suggest that consumers of news would be likely to abandon a channel on the basis of one story – or even several. Decisions by consumers of news are determined far more by the general outlook of a channel than by particular stories – it is rare to find individuals who are interested in the entire output of a news organisation.

In addition, new organisations clearly have an interest in covering areas that are ignored by their competitors because it gives them a commercial advantage both through appealing to new groups but also through enhancing their reputation for impartial reporting. There is clearly a gap in the market to provide reporting of gay issues and it therefore should be in news organisations interests to fill that gap. This is exactly what al Jazeera did when it was set up; it filled a gap left by the closure of BBC Arabic for a broadcaster that is willing to "report the news as they see it." [1]

[1] ‘History of Al Jazeera Television’, Allied Media Corp, http://allied-media.com/aljazeera/jazeera_history.html accessed 14 August 2012

This is an excellent reason why as much information as possible should be publically and internationally available [i] . China’s entry into the Korean war was justified on grounds of national security at the time and that line has been doggedly followed since. Truman thought it was “a bald attempt to blackmail the UN” [ii] at the time and the opinion of many has not changed since. The US and Korea have had to face some of their demons about the war since; why not China? It is also difficult to see what this has to do with the foundational myths of the Chinese state, which go back thousands of years, or even the Communist party which come from the long march and the second world war. And if indeed it is a ‘myth’ then is there not a duty to show that this historical record is wrong? National identity should be built on the basis of facts not manufactured mythologies.

[i] Eurozine. Danuta Glondys, Arne Ruth. Breaking the Bonds of National Mythology. 14 March 2011.

[ii] China intervenes (October – December 1950). Korean War. Wikipedia.

While a country is entitled to promote its own national story, its own interpretation of events and create its own national heroes however it is not entitled to suppress historical events and so blot things out of history by preventing any competing ideas about that history. Most people learn their history through the state education system rather than through scholar’s history books so having competing narratives is not a threat to the state’s interpretation.

Role models are not undermined by having some minor faults.

Instruction: Given a claim, retrieve documents that refute the claim


Question:
There is a lack of proportionality in punishing users of extremist websites

It is a basic principle of fairness that punishment should fit the crime. [1] In this case the crime is visiting a website, something that in itself may cause no harm at all so why should there be punishment? At best such a law would be punishing on the basis of future harm the accused would otherwise cause if not punished while at worst it would be an arbitrary punishment for people who would never have committed any harm at all.

Not everyone who visits extremist websites is themselves an extremist or is going to be radicalised even after regular visits. Moreover not every person with extremist views is either themselves violent or intending to promote violence. Finally there are a large number of people who regularly visit extremist websites with the purpose of monitoring them; these may be members of the police, the intelligence services, those simply wanting to understand the other and journalists attempting to keep up with extremist trends. What such a law would be doing would be criminalising curiosity.

[1] Hirsch, Andrew Vvon, ‘Proportionality in the Philosophy of Punishment’, Crime and Justice, Vol.16 (1992), pp.55-98.

Many of the worries raised about who might be charged under such laws are irrelevant, judges and juries will be able to tell when someone is a journalist or intelligence official who does not have any criminal intent. Others who are visiting these extremist sites based upon ideology and yet are never going to engage in terrorist attacks themselves may well still provide financial or other support to those who do commit more violent acts. [1] A primary aim of the law is “to forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests” [2] something that this does by through preventing more major crimes by prosecuting for a minor crime. We should also remember that the punishment need not be disproportionate as it could simply mean restricting the guilty party’s internet access rather than prison.

[1] Kroenig, Matthew and Pavel, Barry, ‘How to Deter Terrorism’, The Washington Quarterly, Vol.35, No.2, Spring 2012, pp.21-36, p.24.

[2] Duff, Antony, "Theories of Criminal Law", The Stanford Encyclopedia of Philosophy (Fall 2008 Edition), Edward N. Zalta (ed.).

It is unquestioningly taking the ‘consensus’ view on issues like evolution and climate change that is misleading children. Teaching only the one viewpoint misleads children into thinking that the issue is fact and settled so denying the ongoing controversies in each of these areas. [1]

[1] Zabarenko, Deborah, ‘Tennessee teacher law could boost creationism, climate denial’, Reuters, 13 April 2012, http://www.reuters.com/article/2012/04/13/us-usa-education-tennessee-idUSBRE83C0JR20120413

Government shouldn’t interfere with the internet economy

It almost never ends well when governments interfere with the internet economy. The graduated response policy against the unauthorized downloading of copyrighted content is one example: it violates the same principles as a filter against child sex abuse material, but it also doesn’t succeed in its’ goal of helping content businesses innovate their business models, which is why France is considering discontinuing it. [1] Also, other businesses are slowly replacing the old fashioned music-industry, showing that companies on the internet are fully able to survive and thrive by offering copyrighted content online. [2]

When governments do become active in the internet economy, they’re likely to run very high risks. IT projects are very likely to fail, run over budget and time, [3] especially when it concerns governments. [4] This means that governments shouldn’t be ‘going digital’ anytime soon, as the data governments handle is too sensitive. The case of digital signatures is a good example: when the provider of digital signatures for tax and business purposes, DigiNotar, was hacked, it not only comprised the security of Dutch-Iranian citizens, [5] but also hampered government communications. [6]

[1] ‘French anti-p2p agency Hadopi likely to get shut down’. 2012.

[2] Knopper, ‘The New Economics of the Music Industry’. 2011.

[3] Budzier and Flyvbjerg, ‘Why your IT project may be riskier than you think’. 2011.

[4] ‘Government IT Projects: How often is succes even an option?’. 2011.

[5] ‘Fake DigiNotar web certificate risk to Iranians’, 2011.

[6] ‘Dutch government unprepared for SSL hack, report says’, 2012.

By definition, we don’t know what is suppressed by governments; who knows, maybe there are aliens at Roswell, Presley is alive and well and Nixon shot Kennedy. However, unofficial leaks as well as official reclassifications of secret data always excite interest, so it seems reasonable to assume that there is some information that remains classified with good reason. However old information such as military ciphers, designs for armaments and discussions that suggests more than usual levels of incompetence of mendacity among the political classes, they are likely to remain secret – for the excellent reason that confidence in the entire system depends on it. For better or worse, that process tends to be called national security.

While it may be a journalist’s job and duty to call the government to account this is not the duty of a soldier who is supposed to be following orders. The soldier’s duty in such a situation would have been to report up the chain of command. As the Judge in the case concluded: "There is no need to steal thousands of classified documents in order to bring 'aspects of IDF operations to the public's attention,' or investigate 'war crimes.' Any independent body given those documents, even by someone like the defendant, has no (security) clearance to afford it the review of such military secrets… There was also no need to give a reporter thousands of sensitive documents without discretion." [1]

[1] Lutvitch, Vered, ‘Kam: History forgives those who expose war crimes’, Ynet News.com, 12 April 2010.

Anat Kamm did not leak information that could ever result in the destruction of the Israeli state. Her lawyer argued "It was never her intention to harm the security of the state” and this was accepted by the Israeli state as shown by the plea bargain in which it dropped the charge having the intention to harm the security of the state. [1] If the state’s survival was not at stake then the right to freedom of information clearly applies.

[1] Edelman, Ofra, ‘Tel Aviv court accepts plea bargain in Anat Kamm espionage case’, Haaretz, 6 February 2011.

First the ‘don’t say gay’ bill has not been passed as it was dropped by its republican sponsor Joey Hensley. [1] That this bill is directed at only a few subjects does not mean that it is not about academic freedom and freedom of speech. The bill is simply targeting and highlighting areas where the assembly believes free speech is lacking and alternative views need to be presented.

[1] ‘Tennessee ‘Don’t Say Gay’ Bill To Get Axed’, Huffington Post, 1 May 2012, http://www.huffingtonpost.com/2012/05/01/tennessee-dont-say-gay-bill_n_1...

Drones are an unusual example (though not unique) because they are a new form of warfare over which there are few clear rules and norms. This means that making it transparent will create new norms. However in the vast majority of covert operations if made public they would clearly be illegal and would have to be ended. Drones are also unusual in that the public sees few downsides to the killing, this means there would be less public pressure than in most such operations.

It seems perverse to suggest that consumers of news would be likely to abandon a channel on the basis of one story – or even several. Decisions by consumers of news are determined far more by the general outlook of a channel than by particular stories – it is rare to find individuals who are interested in the entire output of a news organisation.

In addition, new organisations clearly have an interest in covering areas that are ignored by their competitors because it gives them a commercial advantage both through appealing to new groups but also through enhancing their reputation for impartial reporting. There is clearly a gap in the market to provide reporting of gay issues and it therefore should be in news organisations interests to fill that gap. This is exactly what al Jazeera did when it was set up; it filled a gap left by the closure of BBC Arabic for a broadcaster that is willing to "report the news as they see it." [1]

[1] ‘History of Al Jazeera Television’, Allied Media Corp, http://allied-media.com/aljazeera/jazeera_history.html accessed 14 August 2012

This is an excellent reason why as much information as possible should be publically and internationally available [i] . China’s entry into the Korean war was justified on grounds of national security at the time and that line has been doggedly followed since. Truman thought it was “a bald attempt to blackmail the UN” [ii] at the time and the opinion of many has not changed since. The US and Korea have had to face some of their demons about the war since; why not China? It is also difficult to see what this has to do with the foundational myths of the Chinese state, which go back thousands of years, or even the Communist party which come from the long march and the second world war. And if indeed it is a ‘myth’ then is there not a duty to show that this historical record is wrong? National identity should be built on the basis of facts not manufactured mythologies.

[i] Eurozine. Danuta Glondys, Arne Ruth. Breaking the Bonds of National Mythology. 14 March 2011.

[ii] China intervenes (October – December 1950). Korean War. Wikipedia.

While a country is entitled to promote its own national story, its own interpretation of events and create its own national heroes however it is not entitled to suppress historical events and so blot things out of history by preventing any competing ideas about that history. Most people learn their history through the state education system rather than through scholar’s history books so having competing narratives is not a threat to the state’s interpretation.

Role models are not undermined by having some minor faults.

Instruction: Given a claim, retrieve documents that refute the claim


Question:
People need protection against harmful information posted by others

People cannot control information that others post about them, for instance embarrassing photos from parties. Even if the original source came from people themselves, they cannot delete this information if it has been shared by other people on their social media channels. For example, Ghyslain Raza’s video of himself goofing around with a golf stick pretending to be in Star Wars, was uploaded by his classmates without his consent [6]. While the video went viral without Ghyslain being able to delete all of its appearances at different sites, he himself suffered merciless bullying online and in real life [7].

There even are people who exploit people’s inability to delete embarrassing content relating to them online. ‘Revenge porn’, which is uploading private material of sexual nature of ex-partners online in an effort to humiliate them, is especially hard to delete and prosecute [8]. Since embarrassing information can end up online without a person’s consent and is very difficult to delete using current policy measures, the right to be forgotten is the only way to help these people.

It all boils down to personal action. People who act embarrassingly in parties should not be surprised that they can be filmed. Likewise, the ‘Star Wars kid’ left the copy of a video in his high school’s film studio where it was found by other teenagers. Even people who become victims of revenge porn at the very beginning were not acting according with good judgement because they themselves organised sexual acts to be filmed or photographed and then given to other people, whom they could have not even known well. Expressing bad judgement does not incur responsibilities on other people and companies to provide you with rights, when other people are doing nothing illegal by re-posting your public material or your public actions.

Moreover, in cases of potential violation of laws, legislation can still be enacted without any kind of Right to be forgotten - California has passed a law combatting revenge porn [9]. It might not be perfect but that is because the issue is pretty novel and in time we’ll learn to deal with it better.

It is unquestioningly taking the ‘consensus’ view on issues like evolution and climate change that is misleading children. Teaching only the one viewpoint misleads children into thinking that the issue is fact and settled so denying the ongoing controversies in each of these areas. [1]

[1] Zabarenko, Deborah, ‘Tennessee teacher law could boost creationism, climate denial’, Reuters, 13 April 2012, http://www.reuters.com/article/2012/04/13/us-usa-education-tennessee-idUSBRE83C0JR20120413

Government shouldn’t interfere with the internet economy

It almost never ends well when governments interfere with the internet economy. The graduated response policy against the unauthorized downloading of copyrighted content is one example: it violates the same principles as a filter against child sex abuse material, but it also doesn’t succeed in its’ goal of helping content businesses innovate their business models, which is why France is considering discontinuing it. [1] Also, other businesses are slowly replacing the old fashioned music-industry, showing that companies on the internet are fully able to survive and thrive by offering copyrighted content online. [2]

When governments do become active in the internet economy, they’re likely to run very high risks. IT projects are very likely to fail, run over budget and time, [3] especially when it concerns governments. [4] This means that governments shouldn’t be ‘going digital’ anytime soon, as the data governments handle is too sensitive. The case of digital signatures is a good example: when the provider of digital signatures for tax and business purposes, DigiNotar, was hacked, it not only comprised the security of Dutch-Iranian citizens, [5] but also hampered government communications. [6]

[1] ‘French anti-p2p agency Hadopi likely to get shut down’. 2012.

[2] Knopper, ‘The New Economics of the Music Industry’. 2011.

[3] Budzier and Flyvbjerg, ‘Why your IT project may be riskier than you think’. 2011.

[4] ‘Government IT Projects: How often is succes even an option?’. 2011.

[5] ‘Fake DigiNotar web certificate risk to Iranians’, 2011.

[6] ‘Dutch government unprepared for SSL hack, report says’, 2012.

By definition, we don’t know what is suppressed by governments; who knows, maybe there are aliens at Roswell, Presley is alive and well and Nixon shot Kennedy. However, unofficial leaks as well as official reclassifications of secret data always excite interest, so it seems reasonable to assume that there is some information that remains classified with good reason. However old information such as military ciphers, designs for armaments and discussions that suggests more than usual levels of incompetence of mendacity among the political classes, they are likely to remain secret – for the excellent reason that confidence in the entire system depends on it. For better or worse, that process tends to be called national security.

Freedom of expression carries with it duties and responsibilities which mean that this freedom may be subject to restrictions or penalties as the European Convention on Human Rights recognises. [1] In this case there is a national security interest and potentially a public safety interest to punish those who are accessing damaging information. Freedom of expression does not therefore apply to extremist websites that are inciting people to engage in acts of terrorism.

[1] Council of Europe, ‘Article 10’, Convention for the Protection of Human Rights and Fundamental Freedoms.

While it may be a journalist’s job and duty to call the government to account this is not the duty of a soldier who is supposed to be following orders. The soldier’s duty in such a situation would have been to report up the chain of command. As the Judge in the case concluded: "There is no need to steal thousands of classified documents in order to bring 'aspects of IDF operations to the public's attention,' or investigate 'war crimes.' Any independent body given those documents, even by someone like the defendant, has no (security) clearance to afford it the review of such military secrets… There was also no need to give a reporter thousands of sensitive documents without discretion." [1]

[1] Lutvitch, Vered, ‘Kam: History forgives those who expose war crimes’, Ynet News.com, 12 April 2010.

Anat Kamm did not leak information that could ever result in the destruction of the Israeli state. Her lawyer argued "It was never her intention to harm the security of the state” and this was accepted by the Israeli state as shown by the plea bargain in which it dropped the charge having the intention to harm the security of the state. [1] If the state’s survival was not at stake then the right to freedom of information clearly applies.

[1] Edelman, Ofra, ‘Tel Aviv court accepts plea bargain in Anat Kamm espionage case’, Haaretz, 6 February 2011.

First the ‘don’t say gay’ bill has not been passed as it was dropped by its republican sponsor Joey Hensley. [1] That this bill is directed at only a few subjects does not mean that it is not about academic freedom and freedom of speech. The bill is simply targeting and highlighting areas where the assembly believes free speech is lacking and alternative views need to be presented.

[1] ‘Tennessee ‘Don’t Say Gay’ Bill To Get Axed’, Huffington Post, 1 May 2012, http://www.huffingtonpost.com/2012/05/01/tennessee-dont-say-gay-bill_n_1...

Drones are an unusual example (though not unique) because they are a new form of warfare over which there are few clear rules and norms. This means that making it transparent will create new norms. However in the vast majority of covert operations if made public they would clearly be illegal and would have to be ended. Drones are also unusual in that the public sees few downsides to the killing, this means there would be less public pressure than in most such operations.

It seems perverse to suggest that consumers of news would be likely to abandon a channel on the basis of one story – or even several. Decisions by consumers of news are determined far more by the general outlook of a channel than by particular stories – it is rare to find individuals who are interested in the entire output of a news organisation.

In addition, new organisations clearly have an interest in covering areas that are ignored by their competitors because it gives them a commercial advantage both through appealing to new groups but also through enhancing their reputation for impartial reporting. There is clearly a gap in the market to provide reporting of gay issues and it therefore should be in news organisations interests to fill that gap. This is exactly what al Jazeera did when it was set up; it filled a gap left by the closure of BBC Arabic for a broadcaster that is willing to "report the news as they see it." [1]

[1] ‘History of Al Jazeera Television’, Allied Media Corp, http://allied-media.com/aljazeera/jazeera_history.html accessed 14 August 2012

This is an excellent reason why as much information as possible should be publically and internationally available [i] . China’s entry into the Korean war was justified on grounds of national security at the time and that line has been doggedly followed since. Truman thought it was “a bald attempt to blackmail the UN” [ii] at the time and the opinion of many has not changed since. The US and Korea have had to face some of their demons about the war since; why not China? It is also difficult to see what this has to do with the foundational myths of the Chinese state, which go back thousands of years, or even the Communist party which come from the long march and the second world war. And if indeed it is a ‘myth’ then is there not a duty to show that this historical record is wrong? National identity should be built on the basis of facts not manufactured mythologies.

[i] Eurozine. Danuta Glondys, Arne Ruth. Breaking the Bonds of National Mythology. 14 March 2011.

[ii] China intervenes (October – December 1950). Korean War. Wikipedia.

Instruction: Given a claim, retrieve documents that refute the claim


Question:
People suffer disproportional consequences on the internet

The internet magnifies the problem of embarrassing personal data and makes it very hard for people to manage the consequences. In real life, though we suffer consequences for our embarrassing behaviour (or behaviour others think is embarrassing), we can manage it easier, e.g. by talking to the people involved or as a final resort moving. The internet means the humiliating material is rapidly exposed to millions of people around the world, meaning that people can face humiliation anywhere without an ability to manage it.

There are even cases of young people taking their lives after bullying and cyber-bullying that followed information about them being posted online. The most famous case is that of teenager Amanda Todd, who committed suicide after half-nude photos were posted online – she could not escape ridicule even after she moved schools, because photos remained online [10]. Because real life actions are not enough to manage consequences of humiliating personal data, new ways suitable for the digital sphere have to be created, and that way is the right to be forgotten.

It is not true that people cannot manage consequences from their action online. It might only seem so but that is because the issues around personal data have emerged relatively recently, so we are still learning to deal with them. Individuals are learning how to manage their personal data online responsibly to make sure such humiliating situations do not occur. There are resources and programmes on how to talk to children about using the internet and other digital devices, including sexting, responsibly [11]. The same way, there are and should be calls for the society to be considerate towards victims of personal data abuse and be less abusive online.

It is unquestioningly taking the ‘consensus’ view on issues like evolution and climate change that is misleading children. Teaching only the one viewpoint misleads children into thinking that the issue is fact and settled so denying the ongoing controversies in each of these areas. [1]

[1] Zabarenko, Deborah, ‘Tennessee teacher law could boost creationism, climate denial’, Reuters, 13 April 2012, http://www.reuters.com/article/2012/04/13/us-usa-education-tennessee-idUSBRE83C0JR20120413

Government shouldn’t interfere with the internet economy

It almost never ends well when governments interfere with the internet economy. The graduated response policy against the unauthorized downloading of copyrighted content is one example: it violates the same principles as a filter against child sex abuse material, but it also doesn’t succeed in its’ goal of helping content businesses innovate their business models, which is why France is considering discontinuing it. [1] Also, other businesses are slowly replacing the old fashioned music-industry, showing that companies on the internet are fully able to survive and thrive by offering copyrighted content online. [2]

When governments do become active in the internet economy, they’re likely to run very high risks. IT projects are very likely to fail, run over budget and time, [3] especially when it concerns governments. [4] This means that governments shouldn’t be ‘going digital’ anytime soon, as the data governments handle is too sensitive. The case of digital signatures is a good example: when the provider of digital signatures for tax and business purposes, DigiNotar, was hacked, it not only comprised the security of Dutch-Iranian citizens, [5] but also hampered government communications. [6]

[1] ‘French anti-p2p agency Hadopi likely to get shut down’. 2012.

[2] Knopper, ‘The New Economics of the Music Industry’. 2011.

[3] Budzier and Flyvbjerg, ‘Why your IT project may be riskier than you think’. 2011.

[4] ‘Government IT Projects: How often is succes even an option?’. 2011.

[5] ‘Fake DigiNotar web certificate risk to Iranians’, 2011.

[6] ‘Dutch government unprepared for SSL hack, report says’, 2012.

By definition, we don’t know what is suppressed by governments; who knows, maybe there are aliens at Roswell, Presley is alive and well and Nixon shot Kennedy. However, unofficial leaks as well as official reclassifications of secret data always excite interest, so it seems reasonable to assume that there is some information that remains classified with good reason. However old information such as military ciphers, designs for armaments and discussions that suggests more than usual levels of incompetence of mendacity among the political classes, they are likely to remain secret – for the excellent reason that confidence in the entire system depends on it. For better or worse, that process tends to be called national security.

Freedom of expression carries with it duties and responsibilities which mean that this freedom may be subject to restrictions or penalties as the European Convention on Human Rights recognises. [1] In this case there is a national security interest and potentially a public safety interest to punish those who are accessing damaging information. Freedom of expression does not therefore apply to extremist websites that are inciting people to engage in acts of terrorism.

[1] Council of Europe, ‘Article 10’, Convention for the Protection of Human Rights and Fundamental Freedoms.

While it may be a journalist’s job and duty to call the government to account this is not the duty of a soldier who is supposed to be following orders. The soldier’s duty in such a situation would have been to report up the chain of command. As the Judge in the case concluded: "There is no need to steal thousands of classified documents in order to bring 'aspects of IDF operations to the public's attention,' or investigate 'war crimes.' Any independent body given those documents, even by someone like the defendant, has no (security) clearance to afford it the review of such military secrets… There was also no need to give a reporter thousands of sensitive documents without discretion." [1]

[1] Lutvitch, Vered, ‘Kam: History forgives those who expose war crimes’, Ynet News.com, 12 April 2010.

Anat Kamm did not leak information that could ever result in the destruction of the Israeli state. Her lawyer argued "It was never her intention to harm the security of the state” and this was accepted by the Israeli state as shown by the plea bargain in which it dropped the charge having the intention to harm the security of the state. [1] If the state’s survival was not at stake then the right to freedom of information clearly applies.

[1] Edelman, Ofra, ‘Tel Aviv court accepts plea bargain in Anat Kamm espionage case’, Haaretz, 6 February 2011.

First the ‘don’t say gay’ bill has not been passed as it was dropped by its republican sponsor Joey Hensley. [1] That this bill is directed at only a few subjects does not mean that it is not about academic freedom and freedom of speech. The bill is simply targeting and highlighting areas where the assembly believes free speech is lacking and alternative views need to be presented.

[1] ‘Tennessee ‘Don’t Say Gay’ Bill To Get Axed’, Huffington Post, 1 May 2012, http://www.huffingtonpost.com/2012/05/01/tennessee-dont-say-gay-bill_n_1...

Drones are an unusual example (though not unique) because they are a new form of warfare over which there are few clear rules and norms. This means that making it transparent will create new norms. However in the vast majority of covert operations if made public they would clearly be illegal and would have to be ended. Drones are also unusual in that the public sees few downsides to the killing, this means there would be less public pressure than in most such operations.

It seems perverse to suggest that consumers of news would be likely to abandon a channel on the basis of one story – or even several. Decisions by consumers of news are determined far more by the general outlook of a channel than by particular stories – it is rare to find individuals who are interested in the entire output of a news organisation.

In addition, new organisations clearly have an interest in covering areas that are ignored by their competitors because it gives them a commercial advantage both through appealing to new groups but also through enhancing their reputation for impartial reporting. There is clearly a gap in the market to provide reporting of gay issues and it therefore should be in news organisations interests to fill that gap. This is exactly what al Jazeera did when it was set up; it filled a gap left by the closure of BBC Arabic for a broadcaster that is willing to "report the news as they see it." [1]

[1] ‘History of Al Jazeera Television’, Allied Media Corp, http://allied-media.com/aljazeera/jazeera_history.html accessed 14 August 2012

This is an excellent reason why as much information as possible should be publically and internationally available [i] . China’s entry into the Korean war was justified on grounds of national security at the time and that line has been doggedly followed since. Truman thought it was “a bald attempt to blackmail the UN” [ii] at the time and the opinion of many has not changed since. The US and Korea have had to face some of their demons about the war since; why not China? It is also difficult to see what this has to do with the foundational myths of the Chinese state, which go back thousands of years, or even the Communist party which come from the long march and the second world war. And if indeed it is a ‘myth’ then is there not a duty to show that this historical record is wrong? National identity should be built on the basis of facts not manufactured mythologies.

[i] Eurozine. Danuta Glondys, Arne Ruth. Breaking the Bonds of National Mythology. 14 March 2011.

[ii] China intervenes (October – December 1950). Korean War. Wikipedia.

Instruction: Given a claim, retrieve documents that refute the claim


Question:
It is unfair for people to suffer for silly past mistakes

People make silly mistakes, especially when they are young. The age from which you can join Facebook is 13 and pretty much anyone can post videos to Youtube, run a blog or post comments. It is then no surprise that people can leave unflattering information about themselves that at that moment they considered to be worth posting. However, this is just a one-sided representation of a person, because many good things cannot be well represented online, e.g. nobody posts a video of oneself working hard.

Nevertheless, this one-sided representation can have very damaging consequences to a person. For instance, a well-known case is of Stacy Snyder who was refused a teaching certificate by her university because of a picture of her as a drunken pirate on myspace.com, and not because she was a bad student [4]. More importantly, current measures to delete information might not be enough, as digital information stays in internet archives, social media archives (such as profileengine.com), or can just be reposted by people on other sites and their own social media pages. Given this and the fact that these are not who people truly are, it is unfair to deny them the right to erase things that damage their reputation.

People put up all those unflattering things about themselves online without being forced to. Those are true, even if not full, representations of them. But that one-sided representation is exactly how the person wanted to be seen. They always have an option of showcasing a better image of themselves (through photos, videos, blogs, etc.) online, but nobody owes them the right to undo something they themselves freely shared. It might be a mistake they realise later on, but mistakes do not create a right to erase everything about that mistake. Nothing in real worlds works like that – you might have made a mistake by getting to drunk at a company Christmas party, but you can't insist on co-workers pretending that never happened and not telling anyone.

Moreover, there is plenty of information about how to act on the internet [5]. So we should not grant such a right to someone who did not learn how to act on the internet - they'll have to learn the hard way.

It is unquestioningly taking the ‘consensus’ view on issues like evolution and climate change that is misleading children. Teaching only the one viewpoint misleads children into thinking that the issue is fact and settled so denying the ongoing controversies in each of these areas. [1]

[1] Zabarenko, Deborah, ‘Tennessee teacher law could boost creationism, climate denial’, Reuters, 13 April 2012, http://www.reuters.com/article/2012/04/13/us-usa-education-tennessee-idUSBRE83C0JR20120413

Government shouldn’t interfere with the internet economy

It almost never ends well when governments interfere with the internet economy. The graduated response policy against the unauthorized downloading of copyrighted content is one example: it violates the same principles as a filter against child sex abuse material, but it also doesn’t succeed in its’ goal of helping content businesses innovate their business models, which is why France is considering discontinuing it. [1] Also, other businesses are slowly replacing the old fashioned music-industry, showing that companies on the internet are fully able to survive and thrive by offering copyrighted content online. [2]

When governments do become active in the internet economy, they’re likely to run very high risks. IT projects are very likely to fail, run over budget and time, [3] especially when it concerns governments. [4] This means that governments shouldn’t be ‘going digital’ anytime soon, as the data governments handle is too sensitive. The case of digital signatures is a good example: when the provider of digital signatures for tax and business purposes, DigiNotar, was hacked, it not only comprised the security of Dutch-Iranian citizens, [5] but also hampered government communications. [6]

[1] ‘French anti-p2p agency Hadopi likely to get shut down’. 2012.

[2] Knopper, ‘The New Economics of the Music Industry’. 2011.

[3] Budzier and Flyvbjerg, ‘Why your IT project may be riskier than you think’. 2011.

[4] ‘Government IT Projects: How often is succes even an option?’. 2011.

[5] ‘Fake DigiNotar web certificate risk to Iranians’, 2011.

[6] ‘Dutch government unprepared for SSL hack, report says’, 2012.

By definition, we don’t know what is suppressed by governments; who knows, maybe there are aliens at Roswell, Presley is alive and well and Nixon shot Kennedy. However, unofficial leaks as well as official reclassifications of secret data always excite interest, so it seems reasonable to assume that there is some information that remains classified with good reason. However old information such as military ciphers, designs for armaments and discussions that suggests more than usual levels of incompetence of mendacity among the political classes, they are likely to remain secret – for the excellent reason that confidence in the entire system depends on it. For better or worse, that process tends to be called national security.

Freedom of expression carries with it duties and responsibilities which mean that this freedom may be subject to restrictions or penalties as the European Convention on Human Rights recognises. [1] In this case there is a national security interest and potentially a public safety interest to punish those who are accessing damaging information. Freedom of expression does not therefore apply to extremist websites that are inciting people to engage in acts of terrorism.

[1] Council of Europe, ‘Article 10’, Convention for the Protection of Human Rights and Fundamental Freedoms.

While it may be a journalist’s job and duty to call the government to account this is not the duty of a soldier who is supposed to be following orders. The soldier’s duty in such a situation would have been to report up the chain of command. As the Judge in the case concluded: "There is no need to steal thousands of classified documents in order to bring 'aspects of IDF operations to the public's attention,' or investigate 'war crimes.' Any independent body given those documents, even by someone like the defendant, has no (security) clearance to afford it the review of such military secrets… There was also no need to give a reporter thousands of sensitive documents without discretion." [1]

[1] Lutvitch, Vered, ‘Kam: History forgives those who expose war crimes’, Ynet News.com, 12 April 2010.

Anat Kamm did not leak information that could ever result in the destruction of the Israeli state. Her lawyer argued "It was never her intention to harm the security of the state” and this was accepted by the Israeli state as shown by the plea bargain in which it dropped the charge having the intention to harm the security of the state. [1] If the state’s survival was not at stake then the right to freedom of information clearly applies.

[1] Edelman, Ofra, ‘Tel Aviv court accepts plea bargain in Anat Kamm espionage case’, Haaretz, 6 February 2011.

First the ‘don’t say gay’ bill has not been passed as it was dropped by its republican sponsor Joey Hensley. [1] That this bill is directed at only a few subjects does not mean that it is not about academic freedom and freedom of speech. The bill is simply targeting and highlighting areas where the assembly believes free speech is lacking and alternative views need to be presented.

[1] ‘Tennessee ‘Don’t Say Gay’ Bill To Get Axed’, Huffington Post, 1 May 2012, http://www.huffingtonpost.com/2012/05/01/tennessee-dont-say-gay-bill_n_1...

Drones are an unusual example (though not unique) because they are a new form of warfare over which there are few clear rules and norms. This means that making it transparent will create new norms. However in the vast majority of covert operations if made public they would clearly be illegal and would have to be ended. Drones are also unusual in that the public sees few downsides to the killing, this means there would be less public pressure than in most such operations.

It seems perverse to suggest that consumers of news would be likely to abandon a channel on the basis of one story – or even several. Decisions by consumers of news are determined far more by the general outlook of a channel than by particular stories – it is rare to find individuals who are interested in the entire output of a news organisation.

In addition, new organisations clearly have an interest in covering areas that are ignored by their competitors because it gives them a commercial advantage both through appealing to new groups but also through enhancing their reputation for impartial reporting. There is clearly a gap in the market to provide reporting of gay issues and it therefore should be in news organisations interests to fill that gap. This is exactly what al Jazeera did when it was set up; it filled a gap left by the closure of BBC Arabic for a broadcaster that is willing to "report the news as they see it." [1]

[1] ‘History of Al Jazeera Television’, Allied Media Corp, http://allied-media.com/aljazeera/jazeera_history.html accessed 14 August 2012

This is an excellent reason why as much information as possible should be publically and internationally available [i] . China’s entry into the Korean war was justified on grounds of national security at the time and that line has been doggedly followed since. Truman thought it was “a bald attempt to blackmail the UN” [ii] at the time and the opinion of many has not changed since. The US and Korea have had to face some of their demons about the war since; why not China? It is also difficult to see what this has to do with the foundational myths of the Chinese state, which go back thousands of years, or even the Communist party which come from the long march and the second world war. And if indeed it is a ‘myth’ then is there not a duty to show that this historical record is wrong? National identity should be built on the basis of facts not manufactured mythologies.

[i] Eurozine. Danuta Glondys, Arne Ruth. Breaking the Bonds of National Mythology. 14 March 2011.

[ii] China intervenes (October – December 1950). Korean War. Wikipedia.

Instruction: Given a claim, retrieve documents that refute the claim


Question:
This right relieves people of the need to act responsibility online

Having a right to be forgotten means that people can be less responsible about what they share and how they act on the internet. Knowing that they can always remove all trace of what they did relieves people of the necessity to consider the consequences of what they are doing online. This is especially true for young adults: they often post unflattering information, such as pictures of them drunk or half-nude, or write offensive comments for the pay-out of immediate popularity in their peer group. However, what also prevents them from doing this is thinking about how that might affect them in the future. When they know that after some time they can delete their digital trace completely there is nothing preventing them from acting irresponsibly in hope of popularity. Such irresponsible behaviour then puts a burden on the state to fix the mess by applying and overseeing the right to be forgotten.

We expect people to want to use the right to be forgotten mostly when the information on the web is actually hurting them. That means that, in the most common scenario, people would face negative consequences before they can use the right, otherwise why bother one-self with engaging the legal system? However a lack of responsibility is not a charge that can be levied at everyone, often they just could not foresee the consequences. Being responsible is premised on the idea that you know the results of your actions. When you do not and cannot know them – because maybe that photo will be a problem in 10 years – no amount of thinking about an issue is going to make it better.

It is unquestioningly taking the ‘consensus’ view on issues like evolution and climate change that is misleading children. Teaching only the one viewpoint misleads children into thinking that the issue is fact and settled so denying the ongoing controversies in each of these areas. [1]

[1] Zabarenko, Deborah, ‘Tennessee teacher law could boost creationism, climate denial’, Reuters, 13 April 2012, http://www.reuters.com/article/2012/04/13/us-usa-education-tennessee-idUSBRE83C0JR20120413

Government shouldn’t interfere with the internet economy

It almost never ends well when governments interfere with the internet economy. The graduated response policy against the unauthorized downloading of copyrighted content is one example: it violates the same principles as a filter against child sex abuse material, but it also doesn’t succeed in its’ goal of helping content businesses innovate their business models, which is why France is considering discontinuing it. [1] Also, other businesses are slowly replacing the old fashioned music-industry, showing that companies on the internet are fully able to survive and thrive by offering copyrighted content online. [2]

When governments do become active in the internet economy, they’re likely to run very high risks. IT projects are very likely to fail, run over budget and time, [3] especially when it concerns governments. [4] This means that governments shouldn’t be ‘going digital’ anytime soon, as the data governments handle is too sensitive. The case of digital signatures is a good example: when the provider of digital signatures for tax and business purposes, DigiNotar, was hacked, it not only comprised the security of Dutch-Iranian citizens, [5] but also hampered government communications. [6]

[1] ‘French anti-p2p agency Hadopi likely to get shut down’. 2012.

[2] Knopper, ‘The New Economics of the Music Industry’. 2011.

[3] Budzier and Flyvbjerg, ‘Why your IT project may be riskier than you think’. 2011.

[4] ‘Government IT Projects: How often is succes even an option?’. 2011.

[5] ‘Fake DigiNotar web certificate risk to Iranians’, 2011.

[6] ‘Dutch government unprepared for SSL hack, report says’, 2012.

By definition, we don’t know what is suppressed by governments; who knows, maybe there are aliens at Roswell, Presley is alive and well and Nixon shot Kennedy. However, unofficial leaks as well as official reclassifications of secret data always excite interest, so it seems reasonable to assume that there is some information that remains classified with good reason. However old information such as military ciphers, designs for armaments and discussions that suggests more than usual levels of incompetence of mendacity among the political classes, they are likely to remain secret – for the excellent reason that confidence in the entire system depends on it. For better or worse, that process tends to be called national security.

Freedom of expression carries with it duties and responsibilities which mean that this freedom may be subject to restrictions or penalties as the European Convention on Human Rights recognises. [1] In this case there is a national security interest and potentially a public safety interest to punish those who are accessing damaging information. Freedom of expression does not therefore apply to extremist websites that are inciting people to engage in acts of terrorism.

[1] Council of Europe, ‘Article 10’, Convention for the Protection of Human Rights and Fundamental Freedoms.

While it may be a journalist’s job and duty to call the government to account this is not the duty of a soldier who is supposed to be following orders. The soldier’s duty in such a situation would have been to report up the chain of command. As the Judge in the case concluded: "There is no need to steal thousands of classified documents in order to bring 'aspects of IDF operations to the public's attention,' or investigate 'war crimes.' Any independent body given those documents, even by someone like the defendant, has no (security) clearance to afford it the review of such military secrets… There was also no need to give a reporter thousands of sensitive documents without discretion." [1]

[1] Lutvitch, Vered, ‘Kam: History forgives those who expose war crimes’, Ynet News.com, 12 April 2010.

Anat Kamm did not leak information that could ever result in the destruction of the Israeli state. Her lawyer argued "It was never her intention to harm the security of the state” and this was accepted by the Israeli state as shown by the plea bargain in which it dropped the charge having the intention to harm the security of the state. [1] If the state’s survival was not at stake then the right to freedom of information clearly applies.

[1] Edelman, Ofra, ‘Tel Aviv court accepts plea bargain in Anat Kamm espionage case’, Haaretz, 6 February 2011.

First the ‘don’t say gay’ bill has not been passed as it was dropped by its republican sponsor Joey Hensley. [1] That this bill is directed at only a few subjects does not mean that it is not about academic freedom and freedom of speech. The bill is simply targeting and highlighting areas where the assembly believes free speech is lacking and alternative views need to be presented.

[1] ‘Tennessee ‘Don’t Say Gay’ Bill To Get Axed’, Huffington Post, 1 May 2012, http://www.huffingtonpost.com/2012/05/01/tennessee-dont-say-gay-bill_n_1...

Drones are an unusual example (though not unique) because they are a new form of warfare over which there are few clear rules and norms. This means that making it transparent will create new norms. However in the vast majority of covert operations if made public they would clearly be illegal and would have to be ended. Drones are also unusual in that the public sees few downsides to the killing, this means there would be less public pressure than in most such operations.

It seems perverse to suggest that consumers of news would be likely to abandon a channel on the basis of one story – or even several. Decisions by consumers of news are determined far more by the general outlook of a channel than by particular stories – it is rare to find individuals who are interested in the entire output of a news organisation.

In addition, new organisations clearly have an interest in covering areas that are ignored by their competitors because it gives them a commercial advantage both through appealing to new groups but also through enhancing their reputation for impartial reporting. There is clearly a gap in the market to provide reporting of gay issues and it therefore should be in news organisations interests to fill that gap. This is exactly what al Jazeera did when it was set up; it filled a gap left by the closure of BBC Arabic for a broadcaster that is willing to "report the news as they see it." [1]

[1] ‘History of Al Jazeera Television’, Allied Media Corp, http://allied-media.com/aljazeera/jazeera_history.html accessed 14 August 2012

This is an excellent reason why as much information as possible should be publically and internationally available [i] . China’s entry into the Korean war was justified on grounds of national security at the time and that line has been doggedly followed since. Truman thought it was “a bald attempt to blackmail the UN” [ii] at the time and the opinion of many has not changed since. The US and Korea have had to face some of their demons about the war since; why not China? It is also difficult to see what this has to do with the foundational myths of the Chinese state, which go back thousands of years, or even the Communist party which come from the long march and the second world war. And if indeed it is a ‘myth’ then is there not a duty to show that this historical record is wrong? National identity should be built on the basis of facts not manufactured mythologies.

[i] Eurozine. Danuta Glondys, Arne Ruth. Breaking the Bonds of National Mythology. 14 March 2011.

[ii] China intervenes (October – December 1950). Korean War. Wikipedia.

Instruction: Given a claim, retrieve documents that refute the claim


Question:
The internet does not need additional rights to those in the real world

The right to be forgotten is premised on the idea that internet requires additional rights beyond those in the real world. Offline there is no right to demand that people do not to talk about or show photos of your embarrassing moments. Provided that there is no privacy breach, once something is out in public, you cannot take it back. There is no rule enabling you to be forgotten in real life, even if things you have done harm you. Why then do rules have to be different for the internet?

In 21st century the internet has become an integral part of our lives and of human communication that it is in fact just another reality for us. We do the same things there as we do in real life – socialise, engage in our hobbies etc. The only difference is that the internet provides us with greater opportunities, such as reaching more people, but that does not change the principle that human interaction online is pretty much the same as offline. If there is no right to be forgotten in real life, there should not be one in the digital one.

The internet is different from reality since the magnitude of consequences you might suffer is much greater. While there might be a school laughing at you over something in real life, on the internet it might be the whole world. We accept ridicule and embarrassment in real life not just because it happens, but also because the effect is not so overwhelming in the majority of cases. People get bored of the news and stop talking, while in the digital era new people can always find you and laugh at you – memories fade, photos and videos online do not. So internet is different from the real life and requires new rules.

Moreover, the right to be forgotten is not applicable to the real life not because of a principle, but because we cannot enforce it. We can’t delete people’s memories. But we can delete information online.

It is unquestioningly taking the ‘consensus’ view on issues like evolution and climate change that is misleading children. Teaching only the one viewpoint misleads children into thinking that the issue is fact and settled so denying the ongoing controversies in each of these areas. [1]

[1] Zabarenko, Deborah, ‘Tennessee teacher law could boost creationism, climate denial’, Reuters, 13 April 2012, http://www.reuters.com/article/2012/04/13/us-usa-education-tennessee-idUSBRE83C0JR20120413

Government shouldn’t interfere with the internet economy

It almost never ends well when governments interfere with the internet economy. The graduated response policy against the unauthorized downloading of copyrighted content is one example: it violates the same principles as a filter against child sex abuse material, but it also doesn’t succeed in its’ goal of helping content businesses innovate their business models, which is why France is considering discontinuing it. [1] Also, other businesses are slowly replacing the old fashioned music-industry, showing that companies on the internet are fully able to survive and thrive by offering copyrighted content online. [2]

When governments do become active in the internet economy, they’re likely to run very high risks. IT projects are very likely to fail, run over budget and time, [3] especially when it concerns governments. [4] This means that governments shouldn’t be ‘going digital’ anytime soon, as the data governments handle is too sensitive. The case of digital signatures is a good example: when the provider of digital signatures for tax and business purposes, DigiNotar, was hacked, it not only comprised the security of Dutch-Iranian citizens, [5] but also hampered government communications. [6]

[1] ‘French anti-p2p agency Hadopi likely to get shut down’. 2012.

[2] Knopper, ‘The New Economics of the Music Industry’. 2011.

[3] Budzier and Flyvbjerg, ‘Why your IT project may be riskier than you think’. 2011.

[4] ‘Government IT Projects: How often is succes even an option?’. 2011.

[5] ‘Fake DigiNotar web certificate risk to Iranians’, 2011.

[6] ‘Dutch government unprepared for SSL hack, report says’, 2012.

By definition, we don’t know what is suppressed by governments; who knows, maybe there are aliens at Roswell, Presley is alive and well and Nixon shot Kennedy. However, unofficial leaks as well as official reclassifications of secret data always excite interest, so it seems reasonable to assume that there is some information that remains classified with good reason. However old information such as military ciphers, designs for armaments and discussions that suggests more than usual levels of incompetence of mendacity among the political classes, they are likely to remain secret – for the excellent reason that confidence in the entire system depends on it. For better or worse, that process tends to be called national security.

Freedom of expression carries with it duties and responsibilities which mean that this freedom may be subject to restrictions or penalties as the European Convention on Human Rights recognises. [1] In this case there is a national security interest and potentially a public safety interest to punish those who are accessing damaging information. Freedom of expression does not therefore apply to extremist websites that are inciting people to engage in acts of terrorism.

[1] Council of Europe, ‘Article 10’, Convention for the Protection of Human Rights and Fundamental Freedoms.

While it may be a journalist’s job and duty to call the government to account this is not the duty of a soldier who is supposed to be following orders. The soldier’s duty in such a situation would have been to report up the chain of command. As the Judge in the case concluded: "There is no need to steal thousands of classified documents in order to bring 'aspects of IDF operations to the public's attention,' or investigate 'war crimes.' Any independent body given those documents, even by someone like the defendant, has no (security) clearance to afford it the review of such military secrets… There was also no need to give a reporter thousands of sensitive documents without discretion." [1]

[1] Lutvitch, Vered, ‘Kam: History forgives those who expose war crimes’, Ynet News.com, 12 April 2010.

Anat Kamm did not leak information that could ever result in the destruction of the Israeli state. Her lawyer argued "It was never her intention to harm the security of the state” and this was accepted by the Israeli state as shown by the plea bargain in which it dropped the charge having the intention to harm the security of the state. [1] If the state’s survival was not at stake then the right to freedom of information clearly applies.

[1] Edelman, Ofra, ‘Tel Aviv court accepts plea bargain in Anat Kamm espionage case’, Haaretz, 6 February 2011.

First the ‘don’t say gay’ bill has not been passed as it was dropped by its republican sponsor Joey Hensley. [1] That this bill is directed at only a few subjects does not mean that it is not about academic freedom and freedom of speech. The bill is simply targeting and highlighting areas where the assembly believes free speech is lacking and alternative views need to be presented.

[1] ‘Tennessee ‘Don’t Say Gay’ Bill To Get Axed’, Huffington Post, 1 May 2012, http://www.huffingtonpost.com/2012/05/01/tennessee-dont-say-gay-bill_n_1...

Drones are an unusual example (though not unique) because they are a new form of warfare over which there are few clear rules and norms. This means that making it transparent will create new norms. However in the vast majority of covert operations if made public they would clearly be illegal and would have to be ended. Drones are also unusual in that the public sees few downsides to the killing, this means there would be less public pressure than in most such operations.

It seems perverse to suggest that consumers of news would be likely to abandon a channel on the basis of one story – or even several. Decisions by consumers of news are determined far more by the general outlook of a channel than by particular stories – it is rare to find individuals who are interested in the entire output of a news organisation.

In addition, new organisations clearly have an interest in covering areas that are ignored by their competitors because it gives them a commercial advantage both through appealing to new groups but also through enhancing their reputation for impartial reporting. There is clearly a gap in the market to provide reporting of gay issues and it therefore should be in news organisations interests to fill that gap. This is exactly what al Jazeera did when it was set up; it filled a gap left by the closure of BBC Arabic for a broadcaster that is willing to "report the news as they see it." [1]

[1] ‘History of Al Jazeera Television’, Allied Media Corp, http://allied-media.com/aljazeera/jazeera_history.html accessed 14 August 2012

This is an excellent reason why as much information as possible should be publically and internationally available [i] . China’s entry into the Korean war was justified on grounds of national security at the time and that line has been doggedly followed since. Truman thought it was “a bald attempt to blackmail the UN” [ii] at the time and the opinion of many has not changed since. The US and Korea have had to face some of their demons about the war since; why not China? It is also difficult to see what this has to do with the foundational myths of the Chinese state, which go back thousands of years, or even the Communist party which come from the long march and the second world war. And if indeed it is a ‘myth’ then is there not a duty to show that this historical record is wrong? National identity should be built on the basis of facts not manufactured mythologies.

[i] Eurozine. Danuta Glondys, Arne Ruth. Breaking the Bonds of National Mythology. 14 March 2011.

[ii] China intervenes (October – December 1950). Korean War. Wikipedia.

Instruction: Given a claim, retrieve documents that refute the claim


Question:
What seems like irrelevant information now might serve justice in the future

People’s digital footprint, though of no public interest at the moment, might be useful in the future. It is a common practice in courts to investigate a person’s character or motives to check for their probability of committing a crime. Photos, videos, comments and blogs can shed light on these issues should the person be investigated under law. For instance, racist or sexist youtube comments might be of use in a trial where a defendant denies his/her actions were a result of racial or gender hatred; blogs, photos and videos a person posts and shares, and their internet searches can serve to assess what the person is like. Digital footprints can be used not only to sentence people, but also to prove their innocence. Given that discerning people’s motives and a character is a vital part of the legal process that is also very elusive, having access to their online behaviour is very useful. Digital information thus can be a useful tool to bring about justice and the right to be forgotten would forgo this opportunity as people could just delete everything about themselves.

People’s digital footprint, though it might be indicative of who a person is, is not a perfect representation of them or of their entire character. People act differently on the internet behind a screen, and sometimes some anonymity, than in real life because they feel free of social norms. But in real life social norms exist and people adhere to them, meaning that their internet activity cannot be directly linked to their real life actions. Finally, we cannot expect people to constantly leave personal data on the internet, which means we cannot get a consistent view of a person’s character or their personal development. E.g. someone’s leaving a racist comment 10 years ago does not mean they are still racist now. All this is not just useless for the judicial process; it can actually harm justice by giving false representations of people, which will lead to unfair convictions (or unfair acquittals). For instance, the defence in the famous Trayvon Martin case used digital photos of Trayvon smoking weed or posing as a gangster to present him as a thug and a threat, even though these photos were typical of how young people present themselves, and had no connection to the actual crime [12].

It is unquestioningly taking the ‘consensus’ view on issues like evolution and climate change that is misleading children. Teaching only the one viewpoint misleads children into thinking that the issue is fact and settled so denying the ongoing controversies in each of these areas. [1]

[1] Zabarenko, Deborah, ‘Tennessee teacher law could boost creationism, climate denial’, Reuters, 13 April 2012, http://www.reuters.com/article/2012/04/13/us-usa-education-tennessee-idUSBRE83C0JR20120413

Government shouldn’t interfere with the internet economy

It almost never ends well when governments interfere with the internet economy. The graduated response policy against the unauthorized downloading of copyrighted content is one example: it violates the same principles as a filter against child sex abuse material, but it also doesn’t succeed in its’ goal of helping content businesses innovate their business models, which is why France is considering discontinuing it. [1] Also, other businesses are slowly replacing the old fashioned music-industry, showing that companies on the internet are fully able to survive and thrive by offering copyrighted content online. [2]

When governments do become active in the internet economy, they’re likely to run very high risks. IT projects are very likely to fail, run over budget and time, [3] especially when it concerns governments. [4] This means that governments shouldn’t be ‘going digital’ anytime soon, as the data governments handle is too sensitive. The case of digital signatures is a good example: when the provider of digital signatures for tax and business purposes, DigiNotar, was hacked, it not only comprised the security of Dutch-Iranian citizens, [5] but also hampered government communications. [6]

[1] ‘French anti-p2p agency Hadopi likely to get shut down’. 2012.

[2] Knopper, ‘The New Economics of the Music Industry’. 2011.

[3] Budzier and Flyvbjerg, ‘Why your IT project may be riskier than you think’. 2011.

[4] ‘Government IT Projects: How often is succes even an option?’. 2011.

[5] ‘Fake DigiNotar web certificate risk to Iranians’, 2011.

[6] ‘Dutch government unprepared for SSL hack, report says’, 2012.

By definition, we don’t know what is suppressed by governments; who knows, maybe there are aliens at Roswell, Presley is alive and well and Nixon shot Kennedy. However, unofficial leaks as well as official reclassifications of secret data always excite interest, so it seems reasonable to assume that there is some information that remains classified with good reason. However old information such as military ciphers, designs for armaments and discussions that suggests more than usual levels of incompetence of mendacity among the political classes, they are likely to remain secret – for the excellent reason that confidence in the entire system depends on it. For better or worse, that process tends to be called national security.

Freedom of expression carries with it duties and responsibilities which mean that this freedom may be subject to restrictions or penalties as the European Convention on Human Rights recognises. [1] In this case there is a national security interest and potentially a public safety interest to punish those who are accessing damaging information. Freedom of expression does not therefore apply to extremist websites that are inciting people to engage in acts of terrorism.

[1] Council of Europe, ‘Article 10’, Convention for the Protection of Human Rights and Fundamental Freedoms.

While it may be a journalist’s job and duty to call the government to account this is not the duty of a soldier who is supposed to be following orders. The soldier’s duty in such a situation would have been to report up the chain of command. As the Judge in the case concluded: "There is no need to steal thousands of classified documents in order to bring 'aspects of IDF operations to the public's attention,' or investigate 'war crimes.' Any independent body given those documents, even by someone like the defendant, has no (security) clearance to afford it the review of such military secrets… There was also no need to give a reporter thousands of sensitive documents without discretion." [1]

[1] Lutvitch, Vered, ‘Kam: History forgives those who expose war crimes’, Ynet News.com, 12 April 2010.

Anat Kamm did not leak information that could ever result in the destruction of the Israeli state. Her lawyer argued "It was never her intention to harm the security of the state” and this was accepted by the Israeli state as shown by the plea bargain in which it dropped the charge having the intention to harm the security of the state. [1] If the state’s survival was not at stake then the right to freedom of information clearly applies.

[1] Edelman, Ofra, ‘Tel Aviv court accepts plea bargain in Anat Kamm espionage case’, Haaretz, 6 February 2011.

First the ‘don’t say gay’ bill has not been passed as it was dropped by its republican sponsor Joey Hensley. [1] That this bill is directed at only a few subjects does not mean that it is not about academic freedom and freedom of speech. The bill is simply targeting and highlighting areas where the assembly believes free speech is lacking and alternative views need to be presented.

[1] ‘Tennessee ‘Don’t Say Gay’ Bill To Get Axed’, Huffington Post, 1 May 2012, http://www.huffingtonpost.com/2012/05/01/tennessee-dont-say-gay-bill_n_1...

Drones are an unusual example (though not unique) because they are a new form of warfare over which there are few clear rules and norms. This means that making it transparent will create new norms. However in the vast majority of covert operations if made public they would clearly be illegal and would have to be ended. Drones are also unusual in that the public sees few downsides to the killing, this means there would be less public pressure than in most such operations.

It seems perverse to suggest that consumers of news would be likely to abandon a channel on the basis of one story – or even several. Decisions by consumers of news are determined far more by the general outlook of a channel than by particular stories – it is rare to find individuals who are interested in the entire output of a news organisation.

In addition, new organisations clearly have an interest in covering areas that are ignored by their competitors because it gives them a commercial advantage both through appealing to new groups but also through enhancing their reputation for impartial reporting. There is clearly a gap in the market to provide reporting of gay issues and it therefore should be in news organisations interests to fill that gap. This is exactly what al Jazeera did when it was set up; it filled a gap left by the closure of BBC Arabic for a broadcaster that is willing to "report the news as they see it." [1]

[1] ‘History of Al Jazeera Television’, Allied Media Corp, http://allied-media.com/aljazeera/jazeera_history.html accessed 14 August 2012

This is an excellent reason why as much information as possible should be publically and internationally available [i] . China’s entry into the Korean war was justified on grounds of national security at the time and that line has been doggedly followed since. Truman thought it was “a bald attempt to blackmail the UN” [ii] at the time and the opinion of many has not changed since. The US and Korea have had to face some of their demons about the war since; why not China? It is also difficult to see what this has to do with the foundational myths of the Chinese state, which go back thousands of years, or even the Communist party which come from the long march and the second world war. And if indeed it is a ‘myth’ then is there not a duty to show that this historical record is wrong? National identity should be built on the basis of facts not manufactured mythologies.

[i] Eurozine. Danuta Glondys, Arne Ruth. Breaking the Bonds of National Mythology. 14 March 2011.

[ii] China intervenes (October – December 1950). Korean War. Wikipedia.

Instruction: Given a claim, retrieve documents that refute the claim


Question:
Money as “symbolic expression”.

Not only is money instrumental to effective political communication, the expenditure of money in support of a campaign or cause is also, in itself, a form of political expression. The gesture of donating money expresses one’s allegiance to and endorsement of a candidate’s or organization’s stance on the issues that form the political discourse of the society we live in. It is a basic way of political engagement. It is also one which is most readily available to any citizen. Therefore, donating money is a speech act which needs to be protected, in the same way burning a flag is considered to be a gesture of “symbolic expression” which is protected by the First Amendment [1] .

[1] Eugene Voloch, “Flag Buring and Free Speech”, Wall Street Journal 2009. http://online.wsj.com/article/SB124657642816289111.html

Money cannot be considered a form of symbolic expression the same way burning a flag is. Money only magnifies a certain idea, by giving it a greater platform. It is not a constitutive part of speech, or speech in itself. If someone burns a flag in political protest the point she’s making does not become more powerful or popular by burning additional flags, nor does her influence become directly proportional to the amount of flags she burns. The symbolic gesture of a donation and the endorsement that comes with it does not also require the right to spend unlimited sums of money to express one’s support.

It is unquestioningly taking the ‘consensus’ view on issues like evolution and climate change that is misleading children. Teaching only the one viewpoint misleads children into thinking that the issue is fact and settled so denying the ongoing controversies in each of these areas. [1]

[1] Zabarenko, Deborah, ‘Tennessee teacher law could boost creationism, climate denial’, Reuters, 13 April 2012, http://www.reuters.com/article/2012/04/13/us-usa-education-tennessee-idUSBRE83C0JR20120413

Government shouldn’t interfere with the internet economy

It almost never ends well when governments interfere with the internet economy. The graduated response policy against the unauthorized downloading of copyrighted content is one example: it violates the same principles as a filter against child sex abuse material, but it also doesn’t succeed in its’ goal of helping content businesses innovate their business models, which is why France is considering discontinuing it. [1] Also, other businesses are slowly replacing the old fashioned music-industry, showing that companies on the internet are fully able to survive and thrive by offering copyrighted content online. [2]

When governments do become active in the internet economy, they’re likely to run very high risks. IT projects are very likely to fail, run over budget and time, [3] especially when it concerns governments. [4] This means that governments shouldn’t be ‘going digital’ anytime soon, as the data governments handle is too sensitive. The case of digital signatures is a good example: when the provider of digital signatures for tax and business purposes, DigiNotar, was hacked, it not only comprised the security of Dutch-Iranian citizens, [5] but also hampered government communications. [6]

[1] ‘French anti-p2p agency Hadopi likely to get shut down’. 2012.

[2] Knopper, ‘The New Economics of the Music Industry’. 2011.

[3] Budzier and Flyvbjerg, ‘Why your IT project may be riskier than you think’. 2011.

[4] ‘Government IT Projects: How often is succes even an option?’. 2011.

[5] ‘Fake DigiNotar web certificate risk to Iranians’, 2011.

[6] ‘Dutch government unprepared for SSL hack, report says’, 2012.

By definition, we don’t know what is suppressed by governments; who knows, maybe there are aliens at Roswell, Presley is alive and well and Nixon shot Kennedy. However, unofficial leaks as well as official reclassifications of secret data always excite interest, so it seems reasonable to assume that there is some information that remains classified with good reason. However old information such as military ciphers, designs for armaments and discussions that suggests more than usual levels of incompetence of mendacity among the political classes, they are likely to remain secret – for the excellent reason that confidence in the entire system depends on it. For better or worse, that process tends to be called national security.

Freedom of expression carries with it duties and responsibilities which mean that this freedom may be subject to restrictions or penalties as the European Convention on Human Rights recognises. [1] In this case there is a national security interest and potentially a public safety interest to punish those who are accessing damaging information. Freedom of expression does not therefore apply to extremist websites that are inciting people to engage in acts of terrorism.

[1] Council of Europe, ‘Article 10’, Convention for the Protection of Human Rights and Fundamental Freedoms.

While it may be a journalist’s job and duty to call the government to account this is not the duty of a soldier who is supposed to be following orders. The soldier’s duty in such a situation would have been to report up the chain of command. As the Judge in the case concluded: "There is no need to steal thousands of classified documents in order to bring 'aspects of IDF operations to the public's attention,' or investigate 'war crimes.' Any independent body given those documents, even by someone like the defendant, has no (security) clearance to afford it the review of such military secrets… There was also no need to give a reporter thousands of sensitive documents without discretion." [1]

[1] Lutvitch, Vered, ‘Kam: History forgives those who expose war crimes’, Ynet News.com, 12 April 2010.

Anat Kamm did not leak information that could ever result in the destruction of the Israeli state. Her lawyer argued "It was never her intention to harm the security of the state” and this was accepted by the Israeli state as shown by the plea bargain in which it dropped the charge having the intention to harm the security of the state. [1] If the state’s survival was not at stake then the right to freedom of information clearly applies.

[1] Edelman, Ofra, ‘Tel Aviv court accepts plea bargain in Anat Kamm espionage case’, Haaretz, 6 February 2011.

First the ‘don’t say gay’ bill has not been passed as it was dropped by its republican sponsor Joey Hensley. [1] That this bill is directed at only a few subjects does not mean that it is not about academic freedom and freedom of speech. The bill is simply targeting and highlighting areas where the assembly believes free speech is lacking and alternative views need to be presented.

[1] ‘Tennessee ‘Don’t Say Gay’ Bill To Get Axed’, Huffington Post, 1 May 2012, http://www.huffingtonpost.com/2012/05/01/tennessee-dont-say-gay-bill_n_1...

Drones are an unusual example (though not unique) because they are a new form of warfare over which there are few clear rules and norms. This means that making it transparent will create new norms. However in the vast majority of covert operations if made public they would clearly be illegal and would have to be ended. Drones are also unusual in that the public sees few downsides to the killing, this means there would be less public pressure than in most such operations.

It seems perverse to suggest that consumers of news would be likely to abandon a channel on the basis of one story – or even several. Decisions by consumers of news are determined far more by the general outlook of a channel than by particular stories – it is rare to find individuals who are interested in the entire output of a news organisation.

In addition, new organisations clearly have an interest in covering areas that are ignored by their competitors because it gives them a commercial advantage both through appealing to new groups but also through enhancing their reputation for impartial reporting. There is clearly a gap in the market to provide reporting of gay issues and it therefore should be in news organisations interests to fill that gap. This is exactly what al Jazeera did when it was set up; it filled a gap left by the closure of BBC Arabic for a broadcaster that is willing to "report the news as they see it." [1]

[1] ‘History of Al Jazeera Television’, Allied Media Corp, http://allied-media.com/aljazeera/jazeera_history.html accessed 14 August 2012

This is an excellent reason why as much information as possible should be publically and internationally available [i] . China’s entry into the Korean war was justified on grounds of national security at the time and that line has been doggedly followed since. Truman thought it was “a bald attempt to blackmail the UN” [ii] at the time and the opinion of many has not changed since. The US and Korea have had to face some of their demons about the war since; why not China? It is also difficult to see what this has to do with the foundational myths of the Chinese state, which go back thousands of years, or even the Communist party which come from the long march and the second world war. And if indeed it is a ‘myth’ then is there not a duty to show that this historical record is wrong? National identity should be built on the basis of facts not manufactured mythologies.

[i] Eurozine. Danuta Glondys, Arne Ruth. Breaking the Bonds of National Mythology. 14 March 2011.

[ii] China intervenes (October – December 1950). Korean War. Wikipedia.

Instruction: Given a claim, retrieve documents that refute the claim