Trouble with t

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  • 25 year old single mother. MySpace page. Caption “drunken pirate”. Supervisor warned “unprofessional”. Millersville University School of Education denied her a degree days before due to graduate for promoting drinking to underage kids. Behaviour unbecoming of a teacher. Sued the university unsuccessfully.
  • Lord Chief Justice Lord Judge, Mr Justice Owen, Mr Justice Griffith Williams
  • Nevertheless as long ago as the Post Office (Amendment Act) 1935, s.10(2)(a) introduced a prohibition against the misuse of the telephone to communicate indecent, obscene or menacing messages
  • Trouble with t

    1. 1. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford Getting into & staying out of trouble on the Net – why joking on Facebook and Twitter is no laughing matter Ray Corrigan Open University http://b2fxxx.blogspot.co.uk/ @raycorrigan
    2. 2. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford Stacey Snyder
    3. 3. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford Witch hunts & mob rule?
    4. 4. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford Andrew Feldmár Canadian psychologist Border guard internet search
    5. 5. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford Fabrice Muamba & Liam Stacey
    6. 6. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford Youth police commissioner Paris Brown 3834 tweets deleted
    7. 7. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford Twitter joke trial 6 January 2010 @pauljchambers
    8. 8. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford “@Crazycolours: I was thinking that if it does then I had decided to resort to terrorism”
    9. 9. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford “@Crazycolours: That’s the plan! I am sure the pilots will be expecting me to demand a more exotic location than NI”
    10. 10. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford “Crap! Robin Hood Airport is closed. You’ve got a week and a bit to get your shit together otherwise I am blowing the airport sky high!!”
    11. 11. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford 11 January 2010
    12. 12. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford Duty manager home Robin Hood Airport search
    13. 13. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford Procedure – refer up the chain
    14. 14. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford Credible threats MoD
    15. 15. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford Non-credible threats Police
    16. 16. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford Airport police S Yorks police
    17. 17. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford 7 days post tweet Anti-terror squad – workplace Bomb hoax arrest
    18. 18. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford 10 February 2010 “no evidence at this stage to suggest that there is anything other than a foolish comment posted on “Twitter” as a joke for only his close friends to see.”
    19. 19. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford CPS 127 (1)(a) Communications Act 2003 A person is guilty of an offence if he— sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character;
    20. 20. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford Nobody acts as though there's a 'threat'
    21. 21. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford No urgency Self preservation Tick the box
    22. 22. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford Magistrate convicts Crown Court upholds: "satisfied" that the tweet was "menacing per se" and that "an ordinary person" seeing it "would see it that way and be alarmed. The airport staff did see it and were sufficiently concerned to report it."
    23. 23. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford "Yah hmm mmm" “satisfied that the appellant was, at the very least, aware that his message was of a menacing character."
    24. 24. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford High Court tweeting is sending messages by means of a "public electronic communications network"
    25. 25. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford High Court s127 ok – update of misuse of phone for menace No “newly minted interference with.. freedom of speech" Interpreting s127 “disappointingly little coherence in English law’s approach to threat offences”
    26. 26. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford message which does not create fear or apprehension... lacks menace No threat, no menace, no actus reus, no criminal conduct
    27. 27. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford No attention to simple fact that the tweet lacked any conceivable menace
    28. 28. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford message which does not create fear or apprehension... lacks menace No threat, no menace, no actus reus, no criminal conduct
    29. 29. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford High Court para 31 - 34 “In any event, the more one reflects on it, the clearer it becomes that this message did not represent a terrorist threat, or indeed any other form of threat.. ...It was treated and addressed as if it was not a credible threat... no action... no minimal.. protective measures... no urgent response... Police action was not exactly hurried” “proper respect must be paid” to the Crown Court but...
    30. 30. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford “How this ever get this far?! A plethora of officialdom couldn't get their act together and we are blowing this case sky high!!”
    31. 31. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford 56 days jail Liam Stacey – Fabrice Muamba Racially Aggravated s4A Public order Act 1986 @rileyy_69 (aka Reece of Weymouth) – Tom Daley s1 1988 Malicious Communications Act “an indecent, grossly offensive, threatening, or false message with the intent of causing stress or anxiety” s5 Public Order Act 1986 Harassment, alarm or distress... threatening, abusive or insulting
    32. 32. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford >4000 new criminal offences introduced by UK government 1997 – 2010 Twice the rate of their immediate predecessors Stats for Con-Dem coalition not clear yet
    33. 33. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford Edward Snowden Whistleblower Traitor or hero?
    34. 34. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford US government response Don’t look behind the curtain, there’s nothing to see Balance http://b2fxxx.blogspot.co.uk/2013/06/obamas-initial-reaction-to-prism-leak.html
    35. 35. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford UK Government response We’re doing nothing wrong D-notice the media - advise not to publish for national security reasons Nothing to fear, nothing to hide
    36. 36. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford 2 Key revelations – Documentary evidence of mass surveillance http://www.guardian.co.uk/world/interactive/2013/jun/06/verizon-telephone-data-court-order James Clapper: PRISM is about FISAAA “The Guardian and The Washington Post articles refer to ... Section 702 of the Foreign Intelligence Surveillance Act They contain numerous inaccuracies. Section 702 ...designed to facilitate the acquisition of foreign intelligence information concerning non-US persons located outside the United States...only non-US persons outside the US are targeted... minimize the acquisition, retention and dissemination of incidentally acquired information about US Persons.”
    37. 37. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford Turing 1942 Ellis Island 5 eyes UK, US, NZ, Ca, Au
    38. 38. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford Timeline 1952 President Truman sets up NSA 1972 US Supreme Court – warrants needed for domestic surveillance (the Keith case) 1970s Watergate 1975 Church Committee 1978 FISA 2001 – 2007 President Bush warrantless wiretapping 2003 AT&T whistleblower Mark Klein – NSA secret room San Francisco 2004 NYT report NSA domestic spying 2007 Protect America Act 2008 FISAAA (renewed 2013) Challenged by ACLU 2008 (argued Scotus 2012) 2013 Snowden PRISM leaks
    39. 39. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford EU personal data is unprotected from FISAAA EU Commission, DPAs, Member States, MEPs, didn't know about FISAAA 1881a until 2012
    40. 40. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford Bad news… Internet a surveillance state Unrestrained data collection & processing & Laws on the statute books mean Using the Net opens you up to trouble
    41. 41. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford Good news… You’re mostly lost in the noise Everyone is subject to mass surveillance on the Net Anyone’s data can be mined Everyone’s can’t Don’t become a person of interest…
    42. 42. 21 June 2012 OU Alumni 2013 Foxcombe Hall, Oxford

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