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D02 XR20
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D02 XR20
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** Possible issues document (captured [2019-08-24 Sat])
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** Possible issues document (captured [2019-08-24 Sat])
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*** Online Harrassment, harmful communications and related offences
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*** Online Harassment, harmful communications and related offences
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*Possible issues for address*
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*Possible issues for address*
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**** Definition of communication in legislation
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**** Definition of communication in legislation
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1. There are currently significant gaps in legislation with
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1. There are currently significant gaps in legislation with
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service that they provide, including ensuring that it is kept
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service that they provide, including ensuring that it is kept
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running and updates are applied appropriately, and so on.
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running and updates are applied appropriately, and so on.
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This submission is primarilty concerned about self-hosting as a
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This submission is primarily concerned about self-hosting as a
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hobby and self-hosting engaged in by charity, non-governmental or
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hobby and self-hosting engaged in by charity, non-governmental or
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community organisations. However, self-hosting for commercial
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community organisations. However, self-hosting for commercial
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purposes is a valid use-case, but implications of regulations on
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purposes is a valid use-case, but implications of regulations on
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powerful experience.
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powerful experience.
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- Community -- While some of the global services with household
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- Community -- While some of the global services with household
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names offer features go small businesses and community groups
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names offer features go small businesses and community groups
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(like footall clubs or debating societies), often the lock-in
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(like football clubs or debating societies), often the lock-in
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and exclusivity involved can make it hard to include everyone
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and exclusivity involved can make it hard to include everyone
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who needs to be involved. Hosting your own services allows you
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who needs to be involved. Hosting your own services allows you
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to set the rules and codes of conduct.
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to set the rules and codes of conduct.
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software projects can people often learn about the tools and
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software projects can people often learn about the tools and
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systems they use, and grow their knowledge of the technologies
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systems they use, and grow their knowledge of the technologies
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involved.
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involved.
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- Collaboration -- the softwas that implements self-hosted
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- Collaboration -- the software that implements self-hosted
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services often some under the terms of a Free or Open Source
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services often some under the terms of a Free or Open Source
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Software copyright licence, which allows for peope to copy and
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Software copyright licence, which allows for people to copy and
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improve software, and these improvements often find their back
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improve software, and these improvements often find their back
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to the original project for others to benefit.
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to the original project for others to benefit.
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- Protection -- Governments in countries where civil rights are
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- Protection -- Governments in countries where civil rights are
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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 on legislative efforts to deal with harmful or
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objectional material on services that permit uploads from users is
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objectionable material on services that permit uploads from users is
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on what the service providers do about it. Many argue that they are
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on what the service providers do about it. Many argue that they are
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not doing anything, or at least not enough.
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not doing anything, or at least not enough.
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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.
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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 Holacaust. In the UK it isn't. Facebook can
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glorifying the Holocaust. In the UK 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 UK 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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could only be done by people who support the atrocity, this is not
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could only be done by people who support the atrocity, this is not
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necessarily true. Other reasons to share the video or portions of
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necessarily true. Other reasons to share the video or portions of
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it might include
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it might include
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- to appeal for help in finding someone caught up in the masssacre
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- to appeal for help in finding someone caught up in the massacre
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- Legitimate news reporting of such an event.
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- Legitimate news reporting of such an event.
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- to help investigate the shooting and its
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- to help investigate the shooting and its
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circumstances[fn:ForArch:Forensic Architecture,
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circumstances[fn:ForArch:Forensic Architecture,
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* Legislation should focus not on the tool, but on the
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* Legislation should focus not on the tool, but on the
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behaviour. In the main, therefore, it's the behaviour of
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behaviour. In the main, therefore, it's the behaviour of
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those performing the bullying or abuse that should be
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those performing the bullying or abuse that should be
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targetted and not the "tool" used as the communications
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targeted and not the "tool" used as the communications
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medium. I expand on this in the "User behaviour" section of
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medium. I expand on this in the "User behaviour" section of
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this submission.
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this submission.
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- Question 2 :: What lessons can be learned from models used in
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- Question 2 :: What lessons can be learned from models used in
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not on the real offender, runs real risks of damaging
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not on the real offender, runs real risks of damaging
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human rights of totally innocent parties, as well as
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human rights of totally innocent parties, as well as
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stifling innovation and consolidating the market
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stifling innovation and consolidating the market
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positions of the majar operators
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positions of the major operators
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** CONSDONE Harassment, stalking & other forms of online abuse
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** CONSDONE Harassment, stalking & other forms of online abuse
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- Question 4 :: Online harassment can take the form of
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- Question 4 :: Online harassment can take the form of
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on-consensual taking and distribution of intimate
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on-consensual taking and distribution of intimate
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associated with a personal identity is "fake" needs
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associated with a personal identity is "fake" needs
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to be challenged. It is the /behaviour/ of the
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to be challenged. It is the /behaviour/ of the
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account than needs to be considered. This is true of
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account than needs to be considered. This is true of
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accounts that are associated with indentifiable
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accounts that are associated with identifiable
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individuals as well as of pseudonymous
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individuals as well as of pseudonymous
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accounts[fn:trolls:A well-known Irish public figure
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accounts[fn:trolls:A well-known Irish public figure
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who offers commentary on many aspects of society
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who offers commentary on many aspects of society
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elicit angry responses. I describe this person as "A
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elicit angry responses. I describe this person as "A
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master of the false equivalence". This is the classic
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master of the false equivalence". This is the classic
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online trolling behaviour. Similarly, on the 18th
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online trolling behaviour. Similarly, on the 18th
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September 2019, a prominant UK journalist tweeted
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September 2019, a prominent UK journalist tweeted
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personal details of a father who publicly challenged
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personal details of a father who publicly challenged
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UK Prime Minister Boris Johnson regarding the state
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UK Prime Minister Boris Johnson regarding the state
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of the NHS. This was construed by many as a
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of the NHS. This was construed by many as a
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It should not be assumed that pseudonymous accounts
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It should not be assumed that pseudonymous accounts
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are created in order for the users to escape legal
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are created in order for the users to escape legal
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consequences for criminal communications. There are
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consequences for criminal communications. There are
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many reasons for maintaining a psuedonymous presence
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many reasons for maintaining a pseudonymous presence
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online, some of which I have personally encountered
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online, some of which I have personally encountered
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being:
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being:
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- To protect against a physically abusive family
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- To protect against a physically abusive family
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created for reasons of abuse or harmful communication. In fact,
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created for reasons of abuse or harmful communication. In fact,
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there's good reason to assume that the significant majority of
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there's good reason to assume that the significant majority of
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pseudonymous accounts operate for completely innocent
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pseudonymous accounts operate for completely innocent
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reaons[fn:realnames:facebook excepted. However, facebook's
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reasons[fn:realnames:facebook excepted. However, facebook's
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real-name policy is itself wrong, and does a great deal of
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real-name policy is itself wrong, and does a great deal of
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damage to people who have good reasons for their names not to
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damage to people who have good reasons for their names not to
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be associated with their online presences.].
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be associated with their online presences.].
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