More proof-reading
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@ -445,14 +445,14 @@
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relevant protocols.
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relevant protocols.
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- Due to the maturity and age of these protocols, software needed
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- Due to the maturity and age of these protocols, software needed
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to use them is now abundant and trivially easy to get and install
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to use them is now abundant and trivially easy to get and install
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and run on a computer. Such software is also very easy to develop
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and run on any general-purpose computer. Such software is also
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for moderately-skilled software engineers.
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very easy to develop for moderately-skilled software engineers.
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- Neither the protocols that define, nor the software that
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- Neither the protocols that define, nor the software that
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implement the internet regard any computer to be superior or
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implement the internet regard any computer to be superior or
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inferior to any other computer. For this reason, there is no cost
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inferior to any other computer. For this reason, there is no cost
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or capacity barrier for someone to cross in order to run an
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or capacity barrier to running an internet service: if you have
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internet service: if you have the software, and the internet
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the software, and the internet connection, then you can expose
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connection, then you can expose such a service.
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an online service.
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Clear examples from the past of how the accessibility of the
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Clear examples from the past of how the accessibility of the
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internet technologies has benefited the world include the
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internet technologies has benefited the world include the
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@ -500,14 +500,14 @@
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a photographer, John Oringer, who developed the service as a
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a photographer, John Oringer, who developed the service as a
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means to make available 30,000 of his own photographs.
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means to make available 30,000 of his own photographs.
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The ease with which internet technology can be accessed has given
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The ease with which internet technology can be accessed is
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rise to the explosion of services that connect people, and people
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instrumental in the explosion of services that connect people, and
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with businesses.
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people with businesses.
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It is critical to note that many of these technologies and services
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It is critical to note that many of these technologies and services
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started out with an individual or small group developing an idea
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started out with an individual or small group developing an idea
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and showing it can work *prior* to receiving the large capital
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and showing it can work *prior* to receiving the large capital
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investments that result in their current dominance.
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investments that resulted in their current dominance.
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All of the above technologies and services can be considered truly
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All of the above technologies and services can be considered truly
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disruptive. In their respective domains, their arrivals resulted in
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disruptive. In their respective domains, their arrivals resulted in
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@ -534,7 +534,9 @@
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or instance. For administrators of instances, federation means that
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or instance. For administrators of instances, federation means that
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they can configure their instances according to their own
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they can configure their instances according to their own
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preferences, rather than having to abide by the rules or technical
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preferences, rather than having to abide by the rules or technical
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implementation of someone else.
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implementation of someone else. For the ecosystem, federation means
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that if one node goes down or is attacked, the others can continue
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with a minimum of interruption.
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** CONSDONE Regulation of self-hosted services
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** CONSDONE Regulation of self-hosted services
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@ -543,14 +545,15 @@
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regulations don't harm the desire of those who want to create
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regulations don't harm the desire of those who want to create
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their own services.
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their own services.
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A regulation that apply liability to a service-provider for someone
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A regulation that applies liability to a service-provider for
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else's behaviour, is a regulation that can be adhered to only by
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someone else's behaviour is a regulation that can be adhered to
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organisations with large amounts of money to hand. For example, if
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only by organisations with large amounts of money to hand. For
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the regulation was to apply liability on me for a posting made by
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example, if the regulation was to apply liability on me for a
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someone else that appears on one of the services that I run (and
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posting made by someone else that appears on one of the services
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originally posted *somewhere* else -- these are federated services
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that I run (and likely originally posted *somewhere* else -- these
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after all), I would have to shut it down; I am not able to put in
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are federated services after all), I would have to shut it down; I
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place the necessary infrastructure that would mitigate my
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am not able to put in place the necessary technical or legal
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infrastructure that would mitigate my
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liability[fn:copyrightDirective:This assumes that my services
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liability[fn:copyrightDirective:This assumes that my services
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aren't forced to shut down by the new EU Copyright Directive
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aren't forced to shut down by the new EU Copyright Directive
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anyway]. Given that my services are intended to provide a positive
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anyway]. Given that my services are intended to provide a positive
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@ -572,24 +575,24 @@
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regulations have the effect[fn:unintended:unintended, one hopes] of
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regulations have the effect[fn:unintended:unintended, one hopes] of
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harming such small operators, the result will not just be the loss
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harming such small operators, the result will not just be the loss
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of these services, but also the loss of opportunity to make the Web
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of these services, but also the loss of opportunity to make the Web
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richer by means of the imposition of artificial barriers to
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richer because artificial barriers to entry will be imposed by
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entry. Such regulations will inhibit the development of ideas that
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those regulations. They will inhibit the development of ideas that
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pop into the heads of individuals, who will realise them with
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pop into the heads of individuals, who would realise them with
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nothing more than a computer connected to the internet.
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nothing more than a computer connected to the internet.
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* CONSDONE Other considerations
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* CONSDONE Other considerations
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While the main focus of this submission is to highlight the
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While the main focus of this submission is to highlight the
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potential risk to self-hosters from regulation that neglect to
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potential risk to self-hosters from regulations that neglect to
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consider the practice, I would like to take the opportunity to
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consider the practice, I would like to take the opportunity to
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briefly raise some additional concerns
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briefly raise some additional concerns
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** CONSDONE Abuse
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** CONSDONE Abuse of the systems
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To date, all systems that seek to protect others from harmful or
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To date, all systems that seek to protect others from harmful or
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other objectionable material (e.g. copyright infringement,
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other objectionable material (e.g. copyright infringement,
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terrorism propaganda, etc.) have, to date, been very amenable to
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terrorism propaganda, etc.) have been easily amenable to abuse. For
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abuse. For example, in a recent court filing, Google claimed that
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example, in a recent court filing, Google claimed that 99.97% of
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99.97% of infringement notices it received in from a single party
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copyright infringement notices it received in from a single party
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in January 2017 were
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in January 2017 were
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bogus[fn:googleTakedown:https://www.techdirt.com/articles/20170223/06160336772/google-report-9995-percent-dmca-takedown-notices-are-bot-generated-bullshit-buckshot.shtml]:
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bogus[fn:googleTakedown:https://www.techdirt.com/articles/20170223/06160336772/google-report-9995-percent-dmca-takedown-notices-are-bot-generated-bullshit-buckshot.shtml]:
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@ -609,19 +612,16 @@
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index.
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index.
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#+END_QUOTE
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#+END_QUOTE
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That a single entity would submit more than 16 million URLs for
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With the US' Digital Millennium Copyright Act, there is no downside
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delisting in a single month is staggering, and demonstrates a
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for a bad-faith actor seeking to take advantage of a system for
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compelling point: there is no downside for a bad-faith actor
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suppressing information[fn:downside:The law contains a provision
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seeking to take advantage of a system for suppressing
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information[fn:downside:The law being used in this specific case is
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the US Digital Millennium Copyright Act. It contains a provision
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that claims of copyright ownership on the part of the claimant are
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that claims of copyright ownership on the part of the claimant are
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to be made under penalty of perjury. However, that provision is
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to be made under penalty of perjury. However, that provision is
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very weak, and seems not to be a deterrent for a determined agent:
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very weak, and seems not to be a deterrent for a determined agent:
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https://torrentfreak.com/warner-bros-our-false-dmca-takedowns-are-not-a-crime-131115].
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https://torrentfreak.com/warner-bros-our-false-dmca-takedowns-are-not-a-crime-131115].
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The GDPR's /Right to be Forgotten/ is also subject to abuse. An
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The GDPR's /Right to be Forgotten/ is also subject to abuse. An
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individual from Europe continues to have stories related to him
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individual from Europe continues to force stories related to him
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excluded from Google searches. However appropriate on the face of
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excluded from Google searches. However appropriate on the face of
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it, the stories this individual is now getting suppressed relate to
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it, the stories this individual is now getting suppressed relate to
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his continued abuse of the /Right to be
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his continued abuse of the /Right to be
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need to.
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need to.
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In systems that facilitate censorship[fn:censorship:While seeking
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In systems that facilitate censorship[fn:censorship:While seeking
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to achieve a valuable and socially important goal, this
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to achieve a valuable and socially important goal, legislation of
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legislation, and all others of its nature, facilitates censorship:
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nature facilitates censorship: as a society, we should not be so
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as a society, we should not be so squeamish about admitting this.],
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squeamish about admitting this.], it is important to do more than
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it is important to do more than merely assert that service
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merely assert that service providers should regard fundamental
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providers should protect fundamental rights for expression and
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rights for expression and information. In a regime where sending an
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information. In a regime where sending an e-mail costs nearly
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e-mail costs nearly nothing, where a service risks serious
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nothing, where a service risks serious penalties (up to and
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penalties (up to and including having to shut down) and where a
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including having to shut down) and where a claimant suffers nothing
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claimant suffers nothing for abusive claims, the regime is
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for abusive claims, the regime is guaranteed to be abused.
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guaranteed to be abused.
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** CONSDONE Content Moderation
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** CONSDONE Content Moderation
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Much of the focus on legislative efforts to deal with harmful or
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Much of the focus of legislative efforts to deal with harmful or
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objectionable material on services that permit uploads from users is
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objectionable material that appear on services that permit uploads
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on what the service providers do about it. Many argue that they are
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from users is on what the service providers do about it. Many argue
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not doing anything, or at least not enough.
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that they are not doing anything, or at least not enough.
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However, this is an unfortunate mischaracterisation of the
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However, this is an unfortunate mischaracterisation of the
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situation. For example, facebook employs -- either directly or
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situation. For example, facebook employs -- either directly or
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through out-sourcing contracts -- many 10s of thousands
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through out-sourcing contracts -- many 10s of thousands
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"moderators", whose job is to make a decision to remove offensive
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"moderators", whose job is to make a decision to remove offensive
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material or not, to suppress someone's freedom of expression or
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material or not, to suppress someone's freedom of expression or
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not, based on a set of if-then-else questions.
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not, based on a set of if-then-else questions. These questions are
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not easy:
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- It's illegal in Germany to say anything that can be construed as
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- It's illegal in Germany to say anything that can be construed as
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glorifying the Holocaust. In the UK it isn't. Facebook can
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glorifying the Holocaust. In the US it isn't. Facebook can
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suppress such information from users it believes are in Germany,
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suppress such information from users it believes are in Germany,
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but to do so for those in the UK would be an illegal denial of
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but to do so for those in the US would be an illegal denial of
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free expression, regardless of how objectionable the material
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free expression, regardless of how objectionable the material
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is. What is facebook to do with users in Germany who route their
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is. What is facebook to do with users in Germany who route their
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internet connections through the UK? Facebook has no knowledge of
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internet connections through the UK? Facebook has no knowledge of
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this unusual routing, and to learn about it could be a violation
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this unusual routing, and to seek to learn about it could be a
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of the user's right to privacy. Should facebook be criminally
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violation of the user's right to privacy. Should facebook be
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liable for a German user seeing statements that are illegal in
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criminally liable for a German user seeing statements that are
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Germany?
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illegal in Germany?
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- Consider the genocide of Armenian people in Turkey in 1915. It is
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- Consider the genocide of Armenian people in Turkey in 1915. In
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illegal to claim it happened in Turkey. However, for a period
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Turkey it is illegal to claim it happened. However, for a period
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between 2012 and 2017 it was illegal in France to claim it didn't
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between 2012 and 2017 it was illegal in France to claim it didn't
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happen. In most other countries, neither claim is illegal. What
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happen. In most other countries, neither claim is illegal. What
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can a service like facebook do when faced with 3 options, 2 of
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can a service like facebook do when faced with 3 options, 2 of
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which are mutually exclusive? Literally, should they be
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which are mutually exclusive? Literally, they would be
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criminally liable both if they do /and/ if they
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criminally liable both if they do /and/ if they
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don't[fn:dink:Prior to his assassination in Istanbul in 2007,
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don't[fn:dink:Prior to his assassination in Istanbul in 2007,
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Hrant Dink, an ethnic Armenian Turkish journalist who campaigned
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Hrant Dink, an ethnic Armenian Turkish journalist who campaigned
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against Turkey's denial of the Armenian Genocide had planned to
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against Turkey's denial of the Armenian Genocide had planned to
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travel to France to deny it in order to highlight the
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travel to France to deny it in order to highlight the
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contradictions with laws that criminalise statements of fact. ]?
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contradictions with laws that criminalise statements of fact.]?
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Moderators have no more than a minute to determine whether a
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Moderators have no more than a minute to determine whether a
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statement complies with the law of not, and this includes figuring
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statement complies with the law or not, and this includes figuring
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out whether the posting meets the definitions of abusive or
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out whether the posting meets the definitions of abusive or
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harmful, and whether it is indeed intended to meet that
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harmful, and whether it is indeed intended to meet that
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definition. For example, consider an abusive tweet. Should the
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definition. For example, consider an abusive tweet. Should the
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harmful, abusive tweet be removed? Who decides? What if the target
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harmful, abusive tweet be removed? Who decides? What if the target
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of the abusive tweet wants that tweet to be retained, for, say
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of the abusive tweet wants that tweet to be retained, for, say
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evidence? What if the tweet was an attempt at abuse, but the target
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future evidence in a claim? What if the tweet was an attempt at
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chose not to be affected by it? Should it stay up? Who decides?
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abuse, but the target chose not to be affected by it? Should it
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What if the target doesn't care, but others who see the tweet but
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stay up? Who decides? What if the target doesn't care, but others
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who aren't the target of the abuse may be offended by it. Should it
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who see the tweet and are not the target of the abuse may be
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be taken down as abusive even though the target of the abuse
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offended by it. Should it be taken down as abusive even though the
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doesn't care, or objects to its removal? Who would be criminally
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target of the abuse doesn't care, or objects to its removal? Who
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liable in these situations? What if the target of the abuse
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would be criminally liable in these situations? What if the target
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substantially quotes the abusive tweets? Is the target now to be
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of the abuse substantially quotes the abusive tweets? Is the target
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considered an offender under a criminal liability regime when that
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now to be considered an offender under a criminal liability regime
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person may be doing nothing other than /highlighting/ abuse?
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when that person may be doing nothing other than /highlighting/
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abuse?
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All of these scenarios are valid and play out every day. Content
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moderators need to consider these and many more questions, but get
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very little time to do so. The result: a public perception,
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promoted by public figures, that these large services are doing
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nothing about abuse.
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"Content moderation" is very hard, and is impossible at the scales
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"Content moderation" is very hard, and is impossible at the scales
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that services like twitter or facebook operate in. When context is
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that services like twitter or facebook operate in. When context is
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critical in deciding whether to decide someone is engaged in
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critical to decide that someone is engaged in harmful or abusive
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harmful or abusive behaviour, it would be fundamentally unfair to
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behaviour, it would be fundamentally unfair to make a service
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make a service criminally liable just because it made the wrong
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criminally liable just because it made the wrong decision as it
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decision as it didn't have time to determine the full context, or
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didn't have time to determine the full context, or because it
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because it misinterpreted or misunderstood the context.
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misinterpreted or misunderstood the context.
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** CONSDONE User Behaviour
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** CONSDONE User Behaviour
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Many believe that the way to deal with abusive or harmful material
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Many believe that the way to deal with abusive or harmful material
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online is to punish the services that host the material. This is
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online is to punish the services that host the material. This is
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reasonable if the material was placed onto the service by those who
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reasonable if the material was placed onto the service by those who
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own or manage the service. It is also reasonable if the material is
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operate the service. It is also reasonable if the material is put
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put there by users with the clear knowledge of the managers or
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there by users with the clear knowledge of the service operator, or
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owners of the service, or by users following encouragement of the
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by users following encouragement of the operators of the service.
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managers or owners of the service.
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However, these specific situations are rare in the world of normal
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However, these specific situations are rare in the world of normal
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online services[fn:criminal:Services that are dedicated to hosting
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online services[fn:criminal:Services that are dedicated to hosting
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the communication is made. The idea that internet services are
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the communication is made. The idea that internet services are
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responsible for abusive communications is as difficult to
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responsible for abusive communications is as difficult to
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understand as the idea that a table-saw manufacturer is responsible
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understand as the idea that a table-saw manufacturer is responsible
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for a carpenter not wearing safety glasses which using to to cut
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for a carpenter not wearing safety glasses.
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timber.
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Recent history has shown that the most effective ways to change
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Recent history has shown that the most effective ways to change
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behaviour are not necessarily punitive. It's hard to see how
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behaviour are not necessarily punitive. It's hard to see how
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