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A New Deal For Free Speech Online
 

A New Deal For Free Speech Online

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Presentation for the BILETA 2012, Newcastle

Presentation for the BILETA 2012, Newcastle

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    A New Deal For Free Speech Online A New Deal For Free Speech Online Presentation Transcript

    • The Russiansused a pencil
    •  Law and context(legal realism, sociological jurisprudence) Free Speech and context:In absence of a common denominator , free speechadjudication is dependent on its context-ECHR (margin of appreciation) Handyside v United Kingdom-First Amendment (community standards) Miller n California Determining trade-offs for free speech: Realizing the context for performing a balancing act with competing rights
    • Realization of rights in a “concrete” situation – (Da Silva, 2011)Frequently evoked parameters of contextualization: -Where?  Space -Whose?  Property -Who is to decide?  State Coercion Monopoly
    • Q1: Has context changed in the digital era?Traditional parameters contested onlineOld parameters pointing to a distorted perception of the context, away from what it really isSPACEPROPERTYSTATE COERCION MONOPOLYQ2: Why would it be problematic to maintain our old approach? Paradoxes- results of miscontextualization
    • 1. Space Contested as a Juridical ToolYahoo! Inc. v. La Ligue Contre Le Racisme et lantisémitisme (LICRA)“Everything you do on the Web “What makes this case uniquely challengingmay be subject to (just about) is that the Internet … allows one to speak ineverybody’s law” more than one place at the same time”D. Post Justice Fogel @WikiLeaks: Free speech has a number: http://88.80.13.160 wikileaks.o rg ch (Swiss address, Swedish IP, French server 14 name servers pointing to 3 IP blocks with diverse geo location Over 1000 mirror sites worldwide
    • 1998:J Postel splits the Root1996: “Governments of the 1999: “Code is Law” L Lessigindustrial world… you have nomoral right to rule us nor do youpossess any methods of Suggestions for theenforcement…” US and its agencyJohn Perry Barlow, EFF ITU to control the InternetWSIS 2005: Agreement forInternational Debate on Online September 2011:Policy - IGF IGF multi stakeholder debate on finding common ground for private actors,June 2011: ICANN and GAC governments and civilagree on unwanted new societydomain names
    • Source: whaleoil.gotcha.co.nz
    • Paul Mutant, 2010. Acrylic on canvas 30 x 25 cm (12" x 10") <www.paulmutant.com>
    • “Dear XXXX My Site User,Your website does not comply with XXXXXs MySite Terms of Use.For this reason we have temporarily suspendedyour site which means it is no longer online.You can find our Terms of Use by clickingon this link : http://www.XXXXX.com/xxxx .If you wish us to reinstate your site, please send anemail to support.mysite@XXXXX.com after youhave removed the offending material from it. Regards XXXX Community Services”“How Liberty Disappeared from Cyberspace” –Ahlert, Marsden & Yung, 2004
    • share an underlying approach … that pose(s) grave constitutional problems and that could have potentiallydisastrous consequences for the stability and security of the Internets addressing system, for the principle ofinterconnectivity that has helped drive the Internets extraordinary growth, and for free expression.(Lemley, Levine & Post, 64 Stan. L. Rev. Online 34, 2011) Picture by Andrew Dalos, licensed under CC
    • Problematic Trade-off: Over-restriction of freespeech online AND AT THE SAME TIME underprotection of the competing rightWhat does this mean? - IS Privacy online doomed? FREE SPEECH - is Intellectual Property a ŰBER ALLES? mere relic of the past having no place in the digital era?
    •  Do we need new laws for this? Keep it simple - THE RUSSIANS USED A PENCIL If the Internet is an artifact then do we need to “fix” it so as to restore our traditional parameters online? Keep it real - THE RUSSIANS USED A PENCIL Antidote to SOPA, PIPA, CCDP, ACTA etc? TRUAP TRUAP is not a new idea in law Selznick’s responsive law applied online Law is to embrace the net infrastructure as a way ofunderstanding the digital context for free speech:Digitization of free speech jurisprudence
    • Trade Off: Realizing the right’s values in the digital context, ofwhich free speech is a structural element
    •  SOPA and PIPA Bills are now abandoned-harmful to the net architecture(DNSSEC employment tools) ECJ in Scarlet v Sabam HOWEVER SOCA taking down a music blog with US domain name for copyright infringement (February 2012) Microsoft actively censoring Windows live Messenger by blocking links to Pirate Bay and the Promo Bay
    • Argyro P . KaranasiouCentre for International GovernanceUniversity of Leeds[E] lwak@leeds.ac.uk[W] http://www.karanasiou.co.nr[T] http://twitter.com/ArKaranasiou