Saturday, May 5. 2007Irony #1: blogging about bloggingTrackbacks
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Re: Call for Code of Conduct by Tim O’Reilly
The Kathy Sierra business needs closer examination because I think something might be getting overlooked. Kathy Sierra published the IP number on her website headrush.typepad.com/creating_passionate_users/2007/03/as_i_typ e_this_.html of the alleged perpetrator of these threats that turned out to be someone using an ISP in Madrid, Spain (according to the IP number). Once the victim, Kathy Sierra, had collected the evidence of a crime against her, she purportedly sent it to the Police, whereupon it should have been subject to secrecy on the grounds that the perpetrator wouldn’t get a fair trial if the details were made public. And what happens next? The whole scenario is sent to the New York Times, CNN, the BBC and many other minor news outlets. This seems to prove that there’s NO EVIDENCE of any CRIME having been committed against Kathy Sierra or anybody else. It would be logical to express ones anguish to the world if one had been stabbed. But without seeing the blood, the story remains fictitious. BY PUBLISHING the IP number of the perpetrator Kathy Sierra has probably inadvertently stalled any further investigations into the crime. I don’t suppose she has been given a crime number and I suspect the Law Enforcement Officers concerned pointed out that there is a delete button on her computer. BY PUBLISHING THE IP number of the alleged perpetrator of a crime, she has committed a crime herself. wikipedia.org/wiki/IP_address (http) IP address legality in Europe "It is important that this significant difference in legal status be understood, because Websites that provide for third-party interception of IP addressing information and Traffic Data, without website visitor consent, are committing a criminal offence in the UK by virtue of the regulation of Investigatory Powers Act 2000, where through the requirements of European Council Decision 2005/222/JHA, such Website owners face serious sanctions, including the winding up of their businesses, being debarred from running a business and more than 2 years imprisonment." __________________________________ The surest way to corrupt a youth is to instruct him to hold in higher esteem those who think alike than those who think differently ..........Friedrich Nietzsche. Our over-inflated sense of entitlement has blinded us to the plight rest of the world -- for example - 18,000 children dying each day -- from hunger.
Proud to be Anonymous: Thank you for pointing this out.
However, we could have a problem here. In re-publishing and repeating this alleged information - including giving a link to where details may be found - there is a danger that you could also put the investigation at risk unintentionally by repeating the accusations. Such are the subtleties of these things, which is why you often hear the word "alleged" used in the UK media/press when discussing investigations and court cases - as the old adage "innocent until proven guilty" still prevails. I would also be surprised if Kathy has not been asked to take the post down by those investigating the case, if it indeed makes the case more difficult to bring to court. But I am unaware of how US law and the first ammendment come into play here. If such a posting by Kathy had been made in the UK, I would have thought it could be considered as libellous and/or a breach of the data protection act. But others more qualified than I might be more able to advise here. This is one of the areas that I think should be taken more seriously by bloggers, and those who post comments: understanding of basic libel, copyright and data protection laws. This is where the (mainstream) media is expert and experienced - although it too often comes unstuck and most have legal teams to ensure that they stay on the right side, of sometimes very fine lines.
Thanks for your reply.
There is a problem with Kathy Sierra’s post because she has acted as judge and jury after admitting to collecting the evidence and forwarding it to the Police. It still contains the IP number of the alleged perpetrator of death threats and other alleged attacks. The owner of this number is unlikely to be the alleged perpetrator of a crime. The end user of this IP is the perpetrator. The IP number belongs to a communications company, not an end user. The perpetrator might be an end user using an Internet café or a hotel computer in Europe and it tarnishes the next user and every subsequent user of that IP with Kathy Sierra’s allegation. One must be careful about publishing the evidence of an ongoing alleged crime, which is supposed to be subject to a criminal investigation.
Its interesting to think about parallels with earlier "low cost" media publication approaches, e.g Broadsheets - which were totally scurrilous in their early incarnations.
Penny novels and Paperbacks similarly drew a lot of tutting and complaints about the decline and fall of literature as we know it....
Hi,
Code of Conduct http://www.vecosys.com/2007/05/09/is-now-the-time-for-a-blogging-code-of-conduct Here’s some advice from a couple top-notch lawyers. "When writing a blog, it is important to remember that the law does apply to the internet. A blog or chat room posting will be treated as a “publication” in the same way as a newspaper or magazine article", says Amali de Silva, senior litigation solicitor at Wiggin. Under UK law claims for defamation can be brought against the blogger or publishers of the Website blog, says Tahir Basheer, Partner at Media specialist law firm Sheridans And you can’t side-step the law through anonymity de Silva explains: Don’t assume that it doesn’t matter what you say because you use a pseudonym or post anonymously |
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