if ( is_singular() ) wp_enqueue_script( 'comment-reply' );

Archive for the ‘Free Speech’ Category

Why are words said in an e-mail any different to those said in conversation?

The following proposal is vile:

THE Home Office has quietly adopted a new plan to allow police across Britain routinely to hack into people’s personal computers without a warrant.

The move, which follows a decision by the European Union’s council of ministers in Brussels, has angered civil liberties groups and opposition MPs. They described it as a sinister extension of the surveillance state which drives “a coach and horses” through privacy laws.

The hacking is known as “remote searching”. It allows police or MI5 officers who may be hundreds of miles away to examine covertly the hard drive of someone’s PC at his home, office or hotel room.

Material gathered in this way includes the content of all e-mails, web-browsing habits and instant messaging.

Under the Brussels edict, police across the EU have been given the green light to expand the implementation of a rarely used power involving warrantless intrusive surveillance of private property. The strategy will allow French, German and other EU forces to ask British officers to hack into someone’s UK computer and pass over any material gleaned.

That’s the equivalent of allowing a policeman into every living room to listen to every conversation, without a warrant. The vagueness of the legislation simply invites abuse. Police may indulge in this espionage if they “believe” it’s “proportionate”; that is, whenever they feel like it. There is no check on this power, and so no check on its abuse.

And the idea comes from the EU Council of Ministers - which means, if previous experience is anything to go by, it’ll be quite hard to shift. Are they really trying to put the entire internet off the entire institution?

Dear Andy Burnham…

…please leave the internet alone:

Film-style age ratings could be applied to websites to protect children from harmful and offensive material, Culture Secretary Andy Burnham has said.

They won’t work. Cinema age-ratings work only because cinemas sit employees outside the entrance to check whether those going into a film look old enough. Video age-ratings work sometimes because shop-staff can refuse sale to those who look too young, and sometimes because parents can decide whether or not a child should watch it.

Neither of these can be said of the internet. To enforce website age-ratings, you would either need to sit a particularly patient policeman in front of every computer, ready to pull the plug at first sight of “naughtiness” or simply institute a blanket filter of certain material nation-wide; because, of course, the internet can’t judge the age of those using it.

The former of these options is simply undesirable. Who wants a state-employed busybody sitting in their living room - and who’d be willing to pay for one to sit in every living room? The latter, though, is just as bad. A blanket filter would affect not just children, but adults who have every right to decide what they should read.

So, Mr. Burnham, when you say:

“It’s not about banning or stopping people having that freedom of expression. It’s simply about clearer signposting, more information, so people know where they’re working.”

You are, of course, lying. Any possible attempt to enforce your ratings would require intervention into the lives and choices of every dweller or user of the internet. This is, in itself, an assault on the user’s freedom of expression; control over what you read or watch matters as much as control over what you say. The liberty to do both springs from the same idea that rational individuals have a right to their own minds, and this would clearly impact their ability to use those minds.

Moreover, to set yourself up as the supervisor of the internet further sets you up as moral supervisor to the entire nation. You decide what’s suitable for whom, and at what age individuals are to be judged mature; the clear implication being that they can’t decide this for themselves, and need protection in the meantime. An assault on their independence, at the very least.

Burnham, you’re not my mother. I already have one of those. She’s considerably less controlling than you have apparent aspirations to be, and I love her a great deal more for it. Perhaps you ought to learn from this…

(Hat-tip, as I just hadn’t read the news very well today: Jennie)

God is dead, but what about the fundies?

And, for today’s dose of religiously inspired insanity:

Representatives for a gallery in Gateshead appeared in court yesterday charged with outraging public decency, after featuring a statue of Jesus with an erection.

The artwork was part of the Baltic Centre for Contemporary Art’s September 2007-January 2008 exhibition Gone, Yet Still, by the controversial Chinese artist Terence Koh, which featured dozens of plaster figures including Mickey Mouse and ET - all in some state of arousal.

What? There are no grounds on which the Baltic Centre can legitimately be persecuted. They’ve exercised a simple freedom of speech; they own a building, they’ve displayed art there, and they’ve offered the public the choice to view it.

And that’s what the public have; a choice. They do not have to visit art galleries. If it offends them, they’re at perfect liberty to walk out the door and complain all they like. If it offends enough people, they’ll collectively ignore the gallery; the gallery may then notice a significant drop in its takings, and pull the exhibit.

You have a right as absolute as the freedom of speech to be offended - but you don’t have the right to demand that freedom of speech be curtailed for the sake of the offence. Unless, of course, you accept that the principle applies universally, and your freedom might also be limited for the sake of offence. Which might get dangerously reciprocal, given how offensive this aggressive bigotry is to myself, at least.

Better, then, that everyone accepts free expression for all? Not according to this particular collection of theocrats:

But the Christian Legal Centre - an organisation that aims to “promote and protect the biblical freedoms of Christian believers in the United Kingdom” - agreed to pay her legal costs. The CLC also funded the case brought by Stephen Green against the BBC over Jerry Springer - The Opera. A CLC spokesman said Mapfuwa believed in freedom of expression, but “this statue served no other purpose than to offend Christians and to denigrate Christ”.

At Gateshead magistrates court yesterday, a solicitor for The Baltic Flour Mills Visual Arts Trust, the charitable body which runs the Baltic, indicated a plea of not guilty. The case was adjourned until September 23. Mapfuwa intends to cite a case from 1990 in which an artist and shop owner in London were convicted of outraging public decency over showing a sculpture made of foetuses.

So; they intend to force their convictions upon the gallery owners and general public, citing an obscure case from a period when a significant portion of that public couldn’t vote and so influence the law. If the case isn’t hammered out of the court at the first opportunity as a waste of everyone’s time, I’ll worry. God might be dead; but the fundies are still alive and howling.

Draconic Prude Watch

The police ban Babyshambles from Moonfest:

The decision came after police asked an intelligence officer to research Doherty’s band, Babyshambles, who were booked to headline Moonfest festival in Westbury, Wiltshire, next week. They concluded that the band’s tendency to “speed up and then slow down the music” could create a “whirlpool effect” and spark disorder.

A horrific phenomenon also known as “Putting on a good show”. Apparently Superintendent Paul Williams would prefer “Cliff Richard or Bucks Fizz” to play.

Doherty is reportedly “absolutely devastated and furious”, which suggests that this was one of the shows which he actually intended to turn up to. A day was shortened, a festival pretty much ruined (the amount of Babyshambles fans who came there just for Pete was doubtless substantial) and the puritans win in their efforts to stamp out some fun once more.

Robespierre’s Revenge (Or, positive liberty perverted)

Quite why am I reading Robespierre? Specifically, his Justification of the Use of Terror. It’s terrifying (hah…):

It has been said that terror is the principle of despotic government. Does your government therefore resemble despotism? Yes, as the sword that gleams in the hands of the heroes of liberty resembles that with which the henchmen of tyranny are armed. Let the despot govern by terror his brutalized subjects; he is right, as a despot. Subdue by terror the enemies of liberty, and you will be right, as founders of the Republic. The government of the revolution is liberty’s despotism against tyranny. Is force made only to protect crime? And is the thunderbolt not destined to strike the heads of the proud?

Emphasis mine. The doublethink inherent here boggles the mind. State-terror is justified should it be directed at enemies of liberty, he cries. That this terror requires a basic negation of liberalism appears beyond him. If some people are legitimate target of oppression, and others are not, then clearly freedom from that oppression cannot be a universal value. If that freedom isn’t a universal value, then we clearly aren’t born equal or free - and so on. Robespierre’s words are those of a tyrant.

They represent an extreme perversion; the enabling state gone bad. He posits that we must rid ourselves of tyrants to be free. True enough. But here he falters, with crashing rhetoric demanding an outright tyranny against tyrants. That requires a universal negation of liberty - and a restoration of tyranny. The enabling state exists to make basic freedoms viable for all. When, in order to create liberty, those basic freedoms are cut off - very literally, in Robespierre’s case - that concept ceases to make sense.

Now, let’s put this arcane rambling into a modern context. Quoth Robespierre:

Society owes protection only to peaceable citizens; the only citizens in the Republic are the republicans. For it, the royalists, the conspirators are only strangers or, rather, enemies. This terrible war waged by liberty against tyranny- is it not indivisible? Are the enemies within not the allies of the enemies without? The assassins who tear our country apart, the intriguers who buy the consciences that hold the people’s mandate; the traitors who sell them; the mercenary pamphleteers hired to dishonour the people’s cause, to kill public virtue, to stir up the fire of civil discord, and to prepare political counterrevolution by moral counterrevolution-are all those men less guilty or less dangerous than the tyrants whom they serve?

Emphasis mine. The same principles abound as before; some are permissible targets for Terror, and so liberty isn’t a universal value. We can kill some of you to make the rest free, and you’d better appreciate it or you’ll be next.

And guess where that logic crops up today? Substitute, “terrorism,” or, “anti-social behaviour,” for, “counterrevolution,” and it becomes clear. The same clear logic of the, “Justification of the Use of Terror,” runs through virtually all modern counter-terrorist thought.

Even the rhetoric matches, give or take the linguistic drift of 214 years and translation. Take that last question - on whether the servants of tyrants are as guilty as those tyrants. Doesn’t that sound just like Bush’s axiom that, “if you feed a terrorist, or fund a terrorist, you are a terrorist?” It’s exactly the same principle; if you’ve any connection with terrorism/counter-revolution, you are a terrorist or counter-revolutionary.

Thus, Melanie Phillip’s, “terrorist nation.”  A wall around the West Bank because Hamas exists there, regardless of the blameless children who also happen to exist there. Because, in this system, they’re not blameless.

And it goes beyond that. The enabling state and the values of positive liberty again become perverted. The 42 Days detention farce serves as the perfect example. Labour claims it protects the basic freedoms of life and liberty by introducing the measures; but effectively jeopardises those basic freedoms by allowing the police to grab a citizen off the street and hide them away for 6 weeks without telling them why. In a perverse twist of illogic whereby liberty becomes tyranny for liberty’s sake, liberty loses. And so do we.

It’s absurd to equate Revolutionary Terror with the present situation. But it’s the same thought that underlies both; freedom must be restricted for its own sake. It’s a perverse step which attacks the real purpose of the Enabling State. Certain intervention can make greater liberty available to all - but not when that liberty is undermined at a basic level. Modern politicians would do well to learn that, or face the consequences of their own petty tyranny.

“We need…a rubber-stamp.”

Is the EU trying to put me off altogether? First the arrogance of the official reaction to the Irish referendum, and now this:

Speaking about her report, Ms Mikko told us “the blogosphere has so far been a haven of good intentions and relatively honest dealing. However, with blogs becoming commonplace, less principled people will want to use them”.

Asked if she considered bloggers to be “a threat”, she said “we do not see the bloggers as a threat. They are in position, however, to considerably pollute cyberspace. We already have too much spam, misinformation and malicious intent in cyberspace”. She added, “I think the public is still very trusting towards blogs, it is still seen as sincere. And it should remain sincere. For that we need a quality mark, a disclosure of who is really writing and why.”

Let’s translate that into a language people will actually understand, shall we? Here’s what Ms Mikko really means:

Speaking about her report, Ms Mikko launched what constitutes an attack on freedom of speech. She feels it’s unfortunate that more people are blogging these days.

It’s her view that there’s too much on the internet that she doesn’t like. This includes criticism of the EU. Much of this “spam” comes from anonymous blogs. She’d seek to challenge this by insisting on a “disclosure of who is really writing and why” - in short, by insisting that people revealed their name and purpose.

So - Mikko wants to protect people from us horrible, horrible bloggers. That the ability to publish anonymously is one of the internet’s great virtues has apparently escaped her; it allows those who’d otherwise fear to speak to speak. It’s liberating, and valuable for that.

Oh, and that the ability to publish anonymously represents a fundamental element of the freedom of speech apparently esconsed in the European Declaration on Human Rights also seems to have eluded her.

Mikko’s proposals would require a blog to gain the seal of approval from the Commission. Blogging would be subject to state censure from the platform down to the posts; a wonderful way to challenge the lack of, “pluralism” in the press that Mikko claims to be so worried about.

This isn’t anything more than a resolution - the European Parliament’s weak equivalent to an EDM. It won’t become law. But the very fact that MEPs are willing to discuss such attacks to the blogosphere worries me. What’s the point in a totally open platform if it’s no longer totally open?