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Éibhear Ó hAnluain 2019-09-19 15:53:31 +01:00
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D02 XR20 D02 XR20
** Possible issues document (captured [2019-08-24 Sat]) ** Possible issues document (captured [2019-08-24 Sat])
*** Online Harrassment, harmful communications and related offences *** Online Harassment, harmful communications and related offences
*Possible issues for address* *Possible issues for address*
**** Definition of communication in legislation **** Definition of communication in legislation
1. There are currently significant gaps in legislation with 1. There are currently significant gaps in legislation with
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service that they provide, including ensuring that it is kept service that they provide, including ensuring that it is kept
running and updates are applied appropriately, and so on. running and updates are applied appropriately, and so on.
This submission is primarilty concerned about self-hosting as a This submission is primarily concerned about self-hosting as a
hobby and self-hosting engaged in by charity, non-governmental or hobby and self-hosting engaged in by charity, non-governmental or
community organisations. However, self-hosting for commercial community organisations. However, self-hosting for commercial
purposes is a valid use-case, but implications of regulations on purposes is a valid use-case, but implications of regulations on
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powerful experience. powerful experience.
- Community -- While some of the global services with household - Community -- While some of the global services with household
names offer features go small businesses and community groups names offer features go small businesses and community groups
(like footall clubs or debating societies), often the lock-in (like football clubs or debating societies), often the lock-in
and exclusivity involved can make it hard to include everyone and exclusivity involved can make it hard to include everyone
who needs to be involved. Hosting your own services allows you who needs to be involved. Hosting your own services allows you
to set the rules and codes of conduct. to set the rules and codes of conduct.
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software projects can people often learn about the tools and software projects can people often learn about the tools and
systems they use, and grow their knowledge of the technologies systems they use, and grow their knowledge of the technologies
involved. involved.
- Collaboration -- the softwas that implements self-hosted - Collaboration -- the software that implements self-hosted
services often some under the terms of a Free or Open Source services often some under the terms of a Free or Open Source
Software copyright licence, which allows for peope to copy and Software copyright licence, which allows for people to copy and
improve software, and these improvements often find their back improve software, and these improvements often find their back
to the original project for others to benefit. to the original project for others to benefit.
- Protection -- Governments in countries where civil rights are - Protection -- Governments in countries where civil rights are
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** CONSDONE Content Moderation ** CONSDONE Content Moderation
Much of the focus on legislative efforts to deal with harmful or Much of the focus on legislative efforts to deal with harmful or
objectional material on services that permit uploads from users is objectionable material on services that permit uploads from users is
on what the service providers do about it. Many argue that they are on what the service providers do about it. Many argue that they are
not doing anything, or at least not enough. not doing anything, or at least not enough.
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material or not, to suppress someone's freedom of expression or material or not, to suppress someone's freedom of expression or
not, based on a set of if-then-else questions. not, based on a set of if-then-else questions.
- It's illegal in Germany to say anything that can be construed as - It's illegal in Germany to say anything that can be construed as
glorifying the Holacaust. In the UK it isn't. Facebook can glorifying the Holocaust. In the UK it isn't. Facebook can
suppress such information from users it believes are in Germany, suppress such information from users it believes are in Germany,
but to do so for those in the UK would be an illegal denial of but to do so for those in the UK would be an illegal denial of
free expression, regardless of how objectionable the material 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 could only be done by people who support the atrocity, this is not
necessarily true. Other reasons to share the video or portions of necessarily true. Other reasons to share the video or portions of
it might include it might include
- to appeal for help in finding someone caught up in the masssacre - to appeal for help in finding someone caught up in the massacre
- Legitimate news reporting of such an event. - Legitimate news reporting of such an event.
- to help investigate the shooting and its - to help investigate the shooting and its
circumstances[fn:ForArch:Forensic Architecture, circumstances[fn:ForArch:Forensic Architecture,
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* Legislation should focus not on the tool, but on the * Legislation should focus not on the tool, but on the
behaviour. In the main, therefore, it's the behaviour of behaviour. In the main, therefore, it's the behaviour of
those performing the bullying or abuse that should be those performing the bullying or abuse that should be
targetted and not the "tool" used as the communications targeted and not the "tool" used as the communications
medium. I expand on this in the "User behaviour" section of medium. I expand on this in the "User behaviour" section of
this submission. this submission.
- Question 2 :: What lessons can be learned from models used in - 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 not on the real offender, runs real risks of damaging
human rights of totally innocent parties, as well as human rights of totally innocent parties, as well as
stifling innovation and consolidating the market stifling innovation and consolidating the market
positions of the majar operators positions of the major operators
** CONSDONE Harassment, stalking & other forms of online abuse ** CONSDONE Harassment, stalking & other forms of online abuse
- Question 4 :: Online harassment can take the form of - Question 4 :: Online harassment can take the form of
on-consensual taking and distribution of intimate on-consensual taking and distribution of intimate
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associated with a personal identity is "fake" needs associated with a personal identity is "fake" needs
to be challenged. It is the /behaviour/ of the to be challenged. It is the /behaviour/ of the
account than needs to be considered. This is true of account than needs to be considered. This is true of
accounts that are associated with indentifiable accounts that are associated with identifiable
individuals as well as of pseudonymous individuals as well as of pseudonymous
accounts[fn:trolls:A well-known Irish public figure accounts[fn:trolls:A well-known Irish public figure
who offers commentary on many aspects of society who offers commentary on many aspects of society
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elicit angry responses. I describe this person as "A elicit angry responses. I describe this person as "A
master of the false equivalence". This is the classic master of the false equivalence". This is the classic
online trolling behaviour. Similarly, on the 18th online trolling behaviour. Similarly, on the 18th
September 2019, a prominant UK journalist tweeted September 2019, a prominent UK journalist tweeted
personal details of a father who publicly challenged personal details of a father who publicly challenged
UK Prime Minister Boris Johnson regarding the state UK Prime Minister Boris Johnson regarding the state
of the NHS. This was construed by many as a of the NHS. This was construed by many as a
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It should not be assumed that pseudonymous accounts It should not be assumed that pseudonymous accounts
are created in order for the users to escape legal are created in order for the users to escape legal
consequences for criminal communications. There are consequences for criminal communications. There are
many reasons for maintaining a psuedonymous presence many reasons for maintaining a pseudonymous presence
online, some of which I have personally encountered online, some of which I have personally encountered
being: being:
- To protect against a physically abusive family - To protect against a physically abusive family
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created for reasons of abuse or harmful communication. In fact, created for reasons of abuse or harmful communication. In fact,
there's good reason to assume that the significant majority of there's good reason to assume that the significant majority of
pseudonymous accounts operate for completely innocent pseudonymous accounts operate for completely innocent
reaons[fn:realnames:facebook excepted. However, facebook's reasons[fn:realnames:facebook excepted. However, facebook's
real-name policy is itself wrong, and does a great deal of real-name policy is itself wrong, and does a great deal of
damage to people who have good reasons for their names not to damage to people who have good reasons for their names not to
be associated with their online presences.]. be associated with their online presences.].