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Inosha Wickrama

Pirate Bay Victory - 11 views

http://www.telegraph.co.uk/technology/news/4686584/Pirate-Bay-victory-after-illegal-file-sharing-charges-dropped.html Summary: The Pirate Bay, the biggest file-sharing internet site which was accu...

Karin Tan

ASCAP Makes Outlandish Copyright Claims on Cell Phone Ringtones - 16 views

As is the beginnings of copyright laws, it is to place value on IP so that people will have the motivation and incentive to produce and create even more in the future. Therefore, by saying th...

Copyright

juliet huang

Go slow with Net law - 4 views

Article : Go slow with tech law Published : 23 Aug 2009 Source: Straits Times Background : When Singapore signed a free trade agreement with the USA in 2003, intellectual property rights was a ...

sim lim square

started by juliet huang on 26 Aug 09 no follow-up yet
Weiye Loh

Skepticblog » Further Thoughts on the Ethics of Skepticism - 0 views

  • My recent post “The War Over ‘Nice’” (describing the blogosphere’s reaction to Phil Plait’s “Don’t Be a Dick” speech) has topped out at more than 200 comments.
  • Many readers appear to object (some strenuously) to the very ideas of discussing best practices, seeking evidence of efficacy for skeptical outreach, matching strategies to goals, or encouraging some methods over others. Some seem to express anger that a discussion of best practices would be attempted at all. 
  • No Right or Wrong Way? The milder forms of these objections run along these lines: “Everyone should do their own thing.” “Skepticism needs all kinds of approaches.” “There’s no right or wrong way to do skepticism.” “Why are we wasting time on these abstract meta-conversations?”
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  • More critical, in my opinion, is the implication that skeptical research and communication happens in an ethical vacuum. That just isn’t true. Indeed, it is dangerous for a field which promotes and attacks medical treatments, accuses people of crimes, opines about law enforcement practices, offers consumer advice, and undertakes educational projects to pretend that it is free from ethical implications — or obligations.
  • there is no monolithic “one true way to do skepticism.” No, the skeptical world does not break down to nice skeptics who get everything right, and mean skeptics who get everything wrong. (I’m reminded of a quote: “If only there were evil people somewhere insidiously committing evil deeds, and it were necessary only to separate them from the rest of us and destroy them. But the line dividing good and evil cuts through the heart of every human being.”) No one has all the answers. Certainly I don’t, and neither does Phil Plait. Nor has anyone actually proposed a uniform, lockstep approach to skepticism. (No one has any ability to enforce such a thing, in any event.)
  • However, none of that implies that all approaches to skepticism are equally valid, useful, or good. As in other fields, various skeptical practices do more or less good, cause greater or lesser harm, or generate various combinations of both at the same time. For that reason, skeptics should strive to find ways to talk seriously about the practices and the ethics of our field. Skepticism has blossomed into something that touches a lot of lives — and yet it is an emerging field, only starting to come into its potential. We need to be able to talk about that potential, and about the pitfalls too.
  • All of the fields from which skepticism borrows (such as medicine, education, psychology, journalism, history, and even arts like stage magic and graphic design) have their own standards of professional ethics. In some cases those ethics are well-explored professional fields in their own right (consider medical ethics, a field with its own academic journals and doctoral programs). In other cases those ethical guidelines are contested, informal, vague, or honored more in the breach. But in every case, there are serious conversations about the ethical implications of professional practice, because those practices impact people’s lives. Why would skepticism be any different?
  • , Skeptrack speaker Barbara Drescher (a cognitive pyschologist who teaches research methodology) described the complexity of research ethics in her own field. Imagine, she said, that a psychologist were to ask research subjects a question like, “Do your parents like the color red?” Asking this may seem trivial and harmless, but it is nonetheless an ethical trade-off with associated risks (however small) that psychological researchers are ethically obliged to confront. What harm might that question cause if a research subject suffers from erythrophobia, or has a sick parent — or saw their parents stabbed to death?
  • When skeptics undertake scientific, historical, or journalistic research, we should (I argue) consider ourselves bound by some sort of research ethics. For now, we’ll ignore the deeper, detailed question of what exactly that looks like in practical terms (when can skeptics go undercover or lie to get information? how much research does due diligence require? and so on). I’d ask only that we agree on the principle that skeptical research is not an ethical free-for-all.
  • when skeptics communicate with the public, we take on further ethical responsibilities — as do doctors, journalists, and teachers. We all accept that doctors are obliged to follow some sort of ethical code, not only of due diligence and standard of care, but also in their confidentiality, manner, and the factual information they disclose to patients. A sentence that communicates a diagnosis, prescription, or piece of medical advice (“you have cancer” or “undertake this treatment”) is not a contextless statement, but a weighty, risky, ethically serious undertaking that affects people’s lives. It matters what doctors say, and it matters how they say it.
  • Grassroots Ethics It happens that skepticism is my professional field. It’s natural that I should feel bound by the central concerns of that field. How can we gain reliable knowledge about weird things? How can we communicate that knowledge effectively? And, how can we pursue that practice ethically?
  • At the same time, most active skeptics are not professionals. To what extent should grassroots skeptics feel obligated to consider the ethics of skeptical activism? Consider my own status as a medical amateur. I almost need super-caps-lock to explain how much I am not a doctor. My medical training began and ended with a couple First Aid courses (and those way back in the day). But during those short courses, the instructors drummed into us the ethical considerations of our minimal training. When are we obligated to perform first aid? When are we ethically barred from giving aid? What if the injured party is unconscious or delirious? What if we accidentally kill or injure someone in our effort to give aid? Should we risk exposure to blood-borne illnesses? And so on. In a medical context, ethics are determined less by professional status, and more by the harm we can cause or prevent by our actions.
  • police officers are barred from perjury, and journalists from libel — and so are the lay public. We expect schoolteachers not to discuss age-inappropriate topics with our young children, or to persuade our children to adopt their religion; when we babysit for a neighbor, we consider ourselves bound by similar rules. I would argue that grassroots skeptics take on an ethical burden as soon as they speak out on medical matters, legal matters, or other matters of fact, whether from platforms as large as network television, or as small as a dinner party. The size of that burden must depend somewhat on the scale of the risks: the number of people reached, the certainty expressed, the topics tackled.
  • tu-quoque argument.
  • How much time are skeptics going to waste, arguing in a circular firing squad about each other’s free speech? Like it or not, there will always be confrontational people. You aren’t going to get a group of people as varied as skeptics are, and make them all agree to “be nice”. It’s a pipe dream, and a waste of time.
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    FURTHER THOUGHTS ON THE ETHICS OF SKEPTICISM
Weiye Loh

Johann Hari: The religious excuse for barbarity - Johann Hari, Commentators - The Indep... - 0 views

  • If you are engaged in an act of cruelty, there is an easy, effective way to silence your critics and snatch some space to carry on. Tell us all that your religion requires you to do it, and you are "offended" by any critical response.
  • In Britain, it is a crime to kill a conscious cow or sheep or chicken for meat by slashing its throat without numbing it first.
  • You are allowed to skip all this and slash the throats of un-numbed, screaming animals if you say God told you to. If you are Muslim, you call it "halal", and if you are Jewish you call it "kosher".
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  • Back in the Bronze Age, or the deserts of sixth-century Arabia, it was sensible to act this way. You needed to know your meat was fresh and the animal was not sick, so you made sure it was alive and alert when you killed it. As Woody Allen once said, it wasn't so much a commandment as "advice on how to eat out safely in Jerusalem". But we have much better ways of making sure meat is fresh and healthy now. Yet for many religious people it has hardened into a dogma, to be followed simply because it was laid down in their "holy" texts long ago by "God".
  • Of course, they claim that this practice isn't cruel at all. Henry Grunwald, chairman of the main body overseeing the certification of kosher meat, Shechita UK, says that when you slash an animal's throat "there is an instant drop in blood pressure in the brain. The animal is dead." Similarly, Raghib Ali, of the Oxford Islam and Muslim Awareness Project, says: "It's not cruel, it is better for the animal."
  • This has been proven by science to be false. The Farm Animal Welfare Council (FAWC) is the Government's senior panel of independent scientific experts on this area, and their investigation found that "the prevailing scientific consensus that slaughter without pre-stunning causes very significant pain and distress". The FAWC chairwoman, Dr Judy MacArthur Clark, explains: "To say [the animal] doesn't suffer is quite ridiculous."
  • Kosher butchers never numb their animals. Most halal butchers now use some stunning, but the RSPCA warns that it is at a much lower dosage to guarantee the animal is still alive when it is killed – so it doesn't properly protect them from pain.
  • in Britain this kind of animal cruelty is becoming standard. Over the past few years, there has been a dramatic abandonment of the numbing of animals before killing them, in the name of "respect" for a religious minority.
  • The halal and kosher meat industries are fighting even tepid proposals by the European Union to ensure that all meat made from unstunned animals must be clearly labelled. They claim this will render their businesses "economically unviable". Isn't that an extraordinary confession – that if people knew what they were buying, the companies would go bust?
  • Atheists who criticise religion are constantly being told we have missed the point and religion is really about compassion and kindness.
  • But here's an example where most members of a religion choose to do something pointlessly cruel, and even the moderates demand "respect" for their "views". Their faith makes them prioritise pleasing an invisible supernatural being over the screaming of actual living creatures. Doesn't this suggest that faith itself – the choice to believe something in the total absence of evidence – is a danger that can lead you up needlessly nasty paths?
  • It is true that, at the moment, there is a frightening rise in real bigotry against Muslims and, to a lesser but still significant extent, Jews.
  • But the only consistent position is to oppose viciousness against these minorities, and to oppose viciousness by these minorities.
  • We need to be much more self-confident in criticising religious claims. Your ideas do not deserve any special status because you say they came from an invisible, supernatural being.
Weiye Loh

Ellsberg: "EVERY attack now made on WikiLeaks and Julian Assange was made against me an... - 0 views

  • Ex-Intelligence Officers, Others See Plusses in WikiLeaks Disclosures
  • The following statement was released today, signed by Daniel Ellsberg, Frank Grevil, Katharine Gun, David MacMichael, Ray McGovern, Craig Murray, Coleen Rowley and Larry Wilkerson; all are associated with Sam Adams Associates for Integrity in Intelligence.
  • How far down the U.S. has slid can be seen, ironically enough, in a recent commentary in Pravda (that’s right, Russia’s Pravda): “What WikiLeaks has done is make people understand why so many Americans are politically apathetic … After all, the evils committed by those in power can be suffocating, and the sense of powerlessness that erupts can be paralyzing, especially when … government evildoers almost always get away with their crimes. …”
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  • shame on Barack Obama, Eric Holder, and all those who spew platitudes about integrity, justice and accountability while allowing war criminals and torturers to walk freely upon the earth. … the American people should be outraged that their government has transformed a nation with a reputation for freedom, justice, tolerance and respect for human rights into a backwater that revels in its criminality, cover-ups, injustices and hypocrisies.
  • As part of their attempt to blacken WikiLeaks and Assange, pundit commentary over the weekend has tried to portray Assange’s exposure of classified materials as very different from — and far less laudable than — what Daniel Ellsberg did in releasing the Pentagon Papers in 1971. Ellsberg strongly rejects the mantra “Pentagon Papers good; WikiLeaks material bad.” He continues: “That’s just a cover for people who don’t want to admit that they oppose any and all exposure of even the most misguided, secretive foreign policy. The truth is that EVERY attack now made on WikiLeaks and Julian Assange was made against me and the release of the Pentagon Papers at the time.”
  • WikiLeaks’ reported source, Army Pvt. Bradley Manning, having watched Iraqi police abuses, and having read of similar and worse incidents in official messages, reportedly concluded, “I was actively involved in something that I was completely against.” Rather than simply go with the flow, Manning wrote: “I want people to see the truth … because without information you cannot make informed decisions as a public,” adding that he hoped to provoke worldwide discussion, debates, and reform.
  • The media: again, the media is key. No one has said it better than Monseñor Romero of El Salvador, who just before he was assassinated 25 years ago warned, “The corruption of the press is part of our sad reality, and it reveals the complicity of the oligarchy.” Sadly, that is also true of the media situation in America today.
  • The big question is not whether Americans can “handle the truth.” We believe they can. The challenge is to make the truth available to them in a straightforward way so they can draw their own conclusions — an uphill battle given the dominance of the mainstream media, most of which have mounted a hateful campaign to discredit Assange and WikiLeaks.
  • So far, the question of whether Americans can “handle the truth” has been an academic rather than an experience-based one, because Americans have had very little access to the truth. Now, however, with the WikiLeaks disclosures, they do. Indeed, the classified messages from the Army and the State Department released by WikiLeaks are, quite literally, “ground truth.”
Weiye Loh

In Europe, sharp criticism of US reaction to WikiLeaks - The Boston Globe - 0 views

  • Washington’s fierce reaction to the flood of secret diplomatic cables released by WikiLeaks displays imperial arrogance and hypocrisy, indicating a post-9/11 obsession with secrecy that contradicts American principles.
  • John Naughton, writing in the same British paper, deplored the attack on the openness of the Internet and the pressure on companies such as Amazon and eBay to evict the WikiLeaks site. “The response has been vicious, coordinated and potentially comprehensive,’’ he said, and presents a “delicious irony’’ that “it is now the so-called liberal democracies that are clamoring to shut WikiLeaks down.’’
  • A year ago, he noted, Clinton made a major speech about Internet freedom, interpreted as a rebuke to China’s cyberattack on Google. “Even in authoritarian countries,’’ she said, “information networks are helping people to discover new facts and making governments more accountable.’’ To Naughton now, “that Clinton speech reads like a satirical masterpiece.’’
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  • The Russians seemed to take a special delight in tweaking Washington over its reaction to the leaks, suggesting the Americans are being hypocritical. “If it is a full-fledged democracy, then why have they put Assange away in jail? You call that democracy?’’ Prime Minister Vladimir V. Putin said during a news briefing with the French prime minister, Francois Fillon.
  • Even The Financial Times Deutschland (independent of the English-language Financial Times), said that “the already damaged reputation of the United States will only be further tattered with Assange’s new martyr status.’’ It added that “the openly embraced hope of the US government that along with Assange, WikiLeaks will disappear from the scene, is questionable.’’
  • Assange is being hounded, the paper said, “even though no one can explain what crimes Assange allegedly committed with the publication of the secret documents, or why publication by WikiLeaks was an offense, and in The New York Times, it was not.’’
  • But Renaud Girard, a respected reporter for the center-right Le Figaro, said he was impressed by the generally high quality of the American diplomatic corps. “What is most fascinating is that we see no cynicism in US diplomacy,’’ he said. “They really believe in human rights in Africa and China and Russia and Asia. They really believe in democracy and human rights. People accuse the Americans of double standards all the time. But it’s not true here. If anything, the diplomats are almost naive.’
Weiye Loh

Times Higher Education - Unconventional thinkers or recklessly dangerous minds? - 0 views

  • The origin of Aids denialism lies with one man. Peter Duesberg has spent the whole of his academic career at the University of California, Berkeley. In the 1970s he performed groundbreaking work that helped show how mutated genes cause cancer, an insight that earned him a well-deserved international reputation.
  • in the early 1980s, something changed. Duesberg attempted to refute his own theories, claiming that it was not mutated genes but rather environmental toxins that are cancer's true cause. He dismissed the studies of other researchers who had furthered his original work. Then, in 1987, he published a paper that extended his new train of thought to Aids.
  • Initially many scientists were open to Duesberg's ideas. But as evidence linking HIV to Aids mounted - crucially the observation that ARVs brought Aids sufferers who were on the brink of death back to life - the vast majority concluded that the debate was over. Nonetheless, Duesberg persisted with his arguments, and in doing so attracted a cabal of supporters
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  • In 1999, denialism secured its highest-profile advocate: Thabo Mbeki, who was then president of South Africa. Having studied denialist literature, Mbeki decided that the consensus on Aids sounded too much like a "biblical absolute truth" that couldn't be questioned. The following year he set up a panel of advisers, nearly half of whom were Aids denialists, including Duesberg. The resultant health policies cut funding for clinics distributing ARVs, withheld donor medication and blocked international aid grants. Meanwhile, Mbeki's health minister, Manto Tshabalala-Msimang, promoted the use of alternative Aids remedies, such as beetroot and garlic.
  • In 2007, Nicoli Nattrass, an economist and director of the Aids and Society Research Unit at the University of Cape Town, estimated that, between 1999 and 2007, Mbeki's Aids denialist policies led to more than 340,000 premature deaths. Later, scientists Max Essex, Pride Chigwedere and other colleagues at the Harvard School of Public Health arrived at a similar figure.
  • "I don't think it's hyperbole to say the (Mbeki regime's) Aids policies do not fall short of a crime against humanity," says Kalichman. "The science behind these medications was irrefutable, and yet they chose to buy into pseudoscience and withhold life-prolonging, if not life-saving, medications from the population. I just don't think there's any question that it should be looked into and investigated."
  • In fairness, there was a reason to have faint doubts about HIV treatment in the early days of Mbeki's rule.
  • some individual cases had raised questions about their reliability on mass rollout. In 2002, for example, Sarah Hlalele, a South African HIV patient and activist from a settlement background, died from "lactic acidosis", a side-effect of her drugs combination. Today doctors know enough about mixing ARVs not to make the same mistake, but at the time her death terrified the medical community.
  • any trial would be futile because of the uncertainties over ARVs that existed during Mbeki's tenure and the fact that others in Mbeki's government went along with his views (although they have since renounced them). "Mbeki was wrong, but propositions we had established then weren't as incontestably established as they are now ... So I think these calls (for genocide charges or criminal trials) are misguided, and I think they're a sideshow, and I don't support them."
  • Regardless of the culpability of politicians, the question remains whether scientists themselves should be allowed to promote views that go wildly against the mainstream consensus. The history of science is littered with offbeat ideas that were ridiculed by the scientific communities of the time. Most of these ideas missed the textbooks and went straight into the waste-paper basket, but a few - continental drift, the germ basis of disease or the Earth's orbit around the Sun, for instance - ultimately proved to be worth more than the paper they were written on. In science, many would argue, freedom of expression is too important to throw away.
  • Such an issue is engulfing the Elsevier journal Medical Hypotheses. Last year the journal, which is not peer reviewed, published a paper by Duesberg and others claiming that the South African Aids death-toll estimates were inflated, while reiterating the argument that there is "no proof that HIV causes Aids". That prompted several Aids scientists to complain to Elsevier, which responded by retracting the paper and asking the journal's editor, Bruce Charlton, to implement a system of peer review. Having refused to change the editorial policy, Charlton faces the sack
  • There are people who would like the journal to keep its current format and continue accepting controversial papers, but for Aids scientists, Duesberg's paper was a step too far. Although it was deleted from both the journal's website and the Medline database, its existence elsewhere on the internet drove Chigwedere and Essex to publish a peer-reviewed rebuttal earlier this year in AIDS and Behavior, lest any readers be "hoodwinked" into thinking there was genuine debate about the causes of Aids.
  • Duesberg believes he is being "censored", although he has found other outlets. In 1991, he helped form "The Group for the Scientific Reappraisal of the HIV/Aids Hypothesis" - now called Rethinking Aids, or simply The Group - to publicise denialist information. Backed by his Berkeley credentials, he regularly promotes his views in media articles and films. Meanwhile, his closest collaborator, David Rasnick, tells "anyone who asks" that "HIV drugs do more harm than good".
  • "Is academic freedom such a precious concept that scientists can hide behind it while betraying the public so blatantly?" asked John Moore, an Aids scientist at Cornell University, on a South African health news website last year. Moore suggested that universities could put in place a "post-tenure review" system to ensure that their researchers act within accepted bounds of scientific practice. "When the facts are so solidly against views that kill people, there must be a price to pay," he added.
  • Now it seems Duesberg may have to pay that price since it emerged last month that his withdrawn paper has led to an investigation at Berkeley for misconduct. Yet for many in the field, chasing fellow scientists comes second to dealing with the Aids pandemic.
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    6 May 2010 Aids denialism is estimated to have killed many thousands. Jon Cartwright asks if scientists should be held accountable, while overleaf Bruce Charlton defends his decision to publish the work of an Aids sceptic, which sparked a row that has led to his being sacked and his journal abandoning its raison d'etre: presenting controversial ideas for scientific debate
Weiye Loh

Wikileaks and the Long Haul « Clay Shirky - 0 views

  • Citizens of a functioning democracy must be able to know what the state is saying and doing in our name, to engage in what Pierre Rosanvallon calls “counter-democracy”*, the democracy of citizens distrusting rather than legitimizing the actions of the state. Wikileaks plainly improves those abilities.
  • On the other hand, human systems can’t stand pure transparency. For negotiation to work, people’s stated positions have to change, but change is seen, almost universally, as weakness. People trying to come to consensus must be able to privately voice opinions they would publicly abjure, and may later abandon. Wikileaks plainly damages those abilities. (If Aaron Bady’s analysis is correct, it is the damage and not the oversight that Wikileaks is designed to create.*)
  • we have a tension between two requirements for democratic statecraft, one that can’t be resolved, but can be brought to an acceptable equilibrium. Indeed, like the virtues of equality vs. liberty, or popular will vs. fundamental rights, it has to be brought into such an equilibrium for democratic statecraft not to be wrecked either by too much secrecy or too much transparency.
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  • As Tom Slee puts it, “Your answer to ‘what data should the government make public?’ depends not so much on what you think about data, but what you think about the government.”* My personal view is that there is too much secrecy in the current system, and that a corrective towards transparency is a good idea. I don’t, however, believe in total transparency, and even more importantly, I don’t think that independent actors who are subject to no checks or balances is a good idea in the long haul.
  • The practical history of politics, however, suggests that the periodic appearance of such unconstrained actors in the short haul is essential to increased democratization, not just of politics but of thought. We celebrate the printers of 16th century Amsterdam for making it impossible for the Catholic Church to constrain the output of the printing press to Church-approved books*, a challenge that helped usher in, among other things, the decentralization of scientific inquiry and the spread of politically seditious writings advocating democracy. This intellectual and political victory didn’t, however, mean that the printing press was then free of all constraints. Over time, a set of legal limitations around printing rose up, including restrictions on libel, the publication of trade secrets, and sedition. I don’t agree with all of these laws, but they were at least produced by some legal process.
  • I am conflicted about the right balance between the visibility required for counter-democracy and the need for private speech among international actors. Here’s what I’m not conflicted about: When authorities can’t get what they want by working within the law, the right answer is not to work outside the law. The right answer is that they can’t get what they want.
  • The Unites States is — or should be — subject to the rule of law, which makes the extra-judicial pursuit of Wikileaks especially nauseating. (Calls for Julian’s assassination are even more nauseating.) It may be that what Julian has done is a crime. (I know him casually, but not well enough to vouch for his motivations, nor am I a lawyer.) In that case, the right answer is to bring the case to a trial.
  • Over the long haul, we will need new checks and balances for newly increased transparency — Wikileaks shouldn’t be able to operate as a law unto itself anymore than the US should be able to. In the short haul, though, Wikileaks is our Amsterdam. Whatever restrictions we eventually end up enacting, we need to keep Wikileaks alive today, while we work through the process democracies always go through to react to change. If it’s OK for a democracy to just decide to run someone off the internet for doing something they wouldn’t prosecute a newspaper for doing, the idea of an internet that further democratizes the public sphere will have taken a mortal blow.
Weiye Loh

In the Dock, in Paris « EJIL: Talk! - 0 views

  • My entire professional life has been in the law, but nothing had prepared me for this. I have been a tenured faculty member  at the finest institutions, most recently Harvard and NYU.  I have held visiting appointments from Florence to Singapore, from Melbourne to Jerusalem. I have acted as legal counsel to governments on four continents, handled cases before the highest jurisdictions and arbitrated the most complex disputes among economic ‘super powers.’
  • Last week, for the first  time I found myself  in the dock, as a criminal defendant. The French Republic v Weiler on a charge of Criminal Defamation.
  • As Editor-in-Chief of the European Journal of International Law and its associated Book Reviewing website, I commissioned and then published a review of a book on the International Criminal Court. It was not a particularly favorable review. You may see all details here.  The author of the book, claiming defamation, demanded I remove it. I examined carefully the claim and concluded that the accusation was fanciful. Unflattering? Yes. Defamatory, by no stretch of imagination. It was my ‘Voltairian’ moment. I refused the request. I did offer to publish a reply by the author. This offer was declined.
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  • Three months later I was summoned to appear before an Examining Magistrate in Paris based on a complaint of criminal defamation lodged by the author. Why Paris you might ask? Indeed. The author of the book was an Israeli academic. The book was in English. The publisher was Dutch. The reviewer was a distinguished German professor. The review was published on a New York website.
  • Beyond doubt, once a text or image go online, they become available worldwide, including France. But should that alone give jurisdiction to French courts in circumstances such as this? Does the fact that the author of the book, it turned out, retained her French nationality before going to live and work in Israel make a difference? Libel tourism – libel terrorism to some — is typically associated with London, where notorious high legal fees and punitive damages coerce many to throw in the towel even before going to trial. Paris, as we would expect, is more egalitarian and less materialist. It is very plaintiff friendly.
  • In France an attack on one’s honor is taken as seriously as a bodily attack. Substantively, if someone is defamed, the bad faith of the defamer is presumed just as in our system, if someone slaps you in the face, it will be assumed that he intended to do so. Procedurally it is open to anyone who feels defamed, to avoid the costly civil route, and simply lodge a criminal complaint.  At this point the machinery of the State swings into action. For the defendant it is not without cost, I discovered. Even if I win I will not recover my considerable legal expenses and conviction results in a fine the size of which may depend on one’s income (the egalitarian reflex at its best). But money is not the principal currency here. It is honor and shame. If I lose, I will stand convicted of a crime, branded a criminal. The complainant will not enjoy a windfall as in London, but considerable moral satisfaction. The chilling effect on book reviewing well beyond France will be considerable.
  • The case was otiose for two reasons: It was in our view an egregious instance of ‘forum shopping,’ legalese for libel tourism. We wanted it thrown out. But if successful, the Court would never get to the merits –  and it was important to challenge this hugely dangerous attack on academic freedom and liberty of expression. Reversing custom, we specifically asked the Court not to examine our jurisdictional challenge as a preliminary matter but to join it to the case on the merits so that it would have the possibility to pronounce on both issues.
  • The trial was impeccable by any standard with which I am familiar. The Court, comprised three judges specialized in defamation and the Public Prosecutor. Being a criminal case within the Inquisitorial System, the case began by my interrogation by the President of the Court. I was essentially asked to explain the reasons for refusing to remove the article. The President was patient with my French – fluent but bad!  I was then interrogated by the other judges, the Public Prosecutor and the lawyers for the complainant. The complainant was then subjected to the same procedure after which the lawyers made their (passionate) legal arguments. The Public Prosecutor then expressed her Opinion to the Court. I was allowed the last word. It was a strange mélange of the criminal and civil virtually unknown in the Common Law world. The procedure was less formal, aimed at establishing the truth, and far less hemmed down by rules of evidence and procedure. Due process was definitely served. It was a fair trial.
  • we steadfastly refused to engage the complainants challenges to the veracity of the critical statements made by the reviewer. The thrust of our argument was that absent bad faith and malice, so long as the review in question addressed the book and did not make false statement about the author such as plagiarism, it should be shielded from libel claims, let alone criminal libel. Sorting out of the truth should be left to academic discourse, even if academic discourse has its own biases and imperfections.
Weiye Loh

The Irrationality of the Anti-Sex Lobby - 0 views

  • with so little ethical and credible research on children in this area, the case is far from closed. See, for instance, the recent Scottish Executive report on the topic, with indications that both children’s and parents’ understanding of sexualised imagery is rather more nuanced than the media and government give them credit for. [i] However, as far as the public are concerned, there is no debate to be had. And so the endless ‘childhood in crisis’ nonsense is trotted out again and again.
  • when it comes down to Facts vs. Fear Related To Your Kids, most people will choose the fear option “just to be on the safe side”.
  • So what are the options? Basically, to find the trigger issues that will help people understand why restricting adult access to adult materials is in no-one’s interest, why it is important to support the rights of sex workers to work, and why deciding what children are and are not exposed to is a job for families and communities, not governments.
Weiye Loh

Revenge Rape and Reason is Ty Oliver Mcdowell a Rapist or a Victim - 0 views

  • Most people who have heard about the Craig’s list rape by proxy of the Wyoming woman that occurred in December have been shocked by not only the brutal rape of a woman who was an innocent victim of an ex boyfriends sick mind, but also by the rapist who actually committed the crime. Many people believe that both men should get what they deserve. But what exactly does that mean in the case of Ty Oliver McDowell? Should the man be convicted of a Rape? Or is he perhaps a victim in the diabolical scheme of Jebidah James Stripe?
  • Posing as the victim, Stripe placed an ad complete with picture on Craig’s list. He stated in the ad that he was the woman and that she wanted to fulfill a sexual fantasy in which she was raped. Stating specifically in the ad that she was looking for an aggressive male who had little regard for women.
  • If McDowell is telling the truth, he saw the ad and emailed the woman, who was stripe posing as the woman, and they communicated by messenger back and forth as she detailed her fantasy and exactly what she would like done. After, discussing the fantasy. McDowell then on December 11, 2009 broke into the woman’s home, tied her to a chair, held a knife to her throat, and raped her. Thus fulfilling what he claims he believed to be the woman’s fantasy. At this stage we have no reason to disbelieve his story. But, was his belief and actions based on that belief reasonable?
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  • In determining how reasonable a persons actions are we have to look at what a normal person would do in the same situation.
  • The idea that women have rape fantasies have been perpetuated by men’s magazines, and pornographic movies and books. A certain segment of the male population is going to believe that such as a fantasy exists in the minds women. And sadly, though rare, it does exist in the minds of a few women, as hard as that is for most of us to accept. This fantasy obviously appeals to many men or they would not be watching these movies or buying these magazines, even normal men who would never commit a rape may harbor such fantasies. So, while the idea makes most people’s skin crawl it was “reasonable” for McDowell to believe that a woman could harbor this fantasy.
  • But, would a reasonable man act upon it? Everything within most of us shouts no. But, the truth is there are many couples who in the privacy of their homes act out fantasies include bondage fantasies. So, is it less reasonable that a man who has such a fantasy would, if he could find a woman that shares that fantasy act on it? The truth is that his actions may well be considered reasonable in the face of the facts as we now know them.
  • There are those who claim this man was a rapist ready to happen, and while I don’t necessarily disagree I also believe we will never know. There are probably thousands if not millions of people who have sexual fantasies both big and small that they have never acted upon. This man could have been one of them. On the other hand his enthusiasm in acting out this fantasy may well be an indication that he would have at sometime committed such an act on a woman he knew to be unwilling.
  • What is most disturbing is Stripe’s actions. By setting up the rape fantasy the way he did, by communicating with McDowell while pretending to be the victim, he set up a situation where the victim herself could not stop what was happening. No matter how many times she told McDowell to stop, how tearfully she begged, he was primed by Stripe to believe that this was all part of the playacting.
  • Let’s not forget Craig’s list. Until we make laws making it illegal for such ads as these to get posted there are going to be sites such as these who will make their money uncaring who gets hurt in the process. In fact, the more notoriety this site seems to get, the more people seem to want to use it.
  • Just on the rape fantasy for women part, a number of studies show it to be a fairly significant fantasy that about 1/3 to 2/3 of women have. Nothing can condone what he did, but it's easy to believe he may have thought she was okay with it. There are many people who play out bondage and torture fantasy and we can't judge them.
  • Well, it doesnt look like the Judge bought McDowell's story. He was sentenced to 60 years to life in prison. The same sentence that Stipe received.
  • It does say something of McDowell that he voluntarily changed his plea from "not guilty" to "guilty." From reviewing many reports on this case, it appears that, once he realized what really happened, he wanted to make this as easy on the woman as possible. His remorse at what he accidentally did must be mixed with the horror he knows he unwittingly created.Perhaps the real case yet to come is McDowell's teaming up with the woman in a civil case against Stipe, the real criminal.
Weiye Loh

The Duty to Be Happy - Brainiac - 0 views

  • Is the importance of happiness overstated? That's the question the French philosopher Pascal Bruckner asks in Perpetual Euphoria: On the Duty to Be Happy, a book-length essay on happiness and its place in our lives.
  • For centuries, Bruckner explains, Western society focused on heavenly things. Happiness, if you were lucky enough to get some in this life, was understood only as a nice bonus, fleeting and illusory. What really mattered was the state of your soul - and it was suffering, not happiness, that would bring your soul closer to God. Bruckner quotes his namesake, Pascal, who wrote: "It is not shameful to die in pain - it is shameful to die in pleasure."
  • Modern Westerners, for good reason, look at things differently. Most people, even the very religious, are focused on getting the most out of our earthly lives: we want to be happy. The problem, Bruckner argues, is that pursuing your own happiness is actually harder and less satisfying than trying to perfect your soul. The old way of thinking made something useful out of suffering; the new way of thinking sees suffering as a senseless waste
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  • And the truth about happiness, as Bruckner sees it, is that it's rarely very effectively pursued. Happiness is really about luck and grace; you can be thankful for happiness, but you can't manufacture it. In fact, thinking of being happy as the sole aim of life makes happiness less meaningful. "Now that it has become the only horizon of our democratic societies," Bruckner writes, happiness, "being connected with work, will, and effort... is necessarily a source of anguish." We work at being happy - and, in working at it, rob ourselves of everything spontaneous and really joyful about happiness.
  • Bruckner isn't saying that we shouldn't be happy; what outrages him is the way modern society can turn happiness into a competition. Happy people, he thinks, tend to lord their happiness over unhappy people; unhappy people tend to feel that, if they aren't happy, then their lives are failures. In fact, many unhappy people lead very valuable lives, and assiduously cultivated happiness is sometimes not particularly valuable
  • Suffering is a natural part of life; it counts as living, too.
Weiye Loh

SAY IT IN 17 WORDS: In Case You Missed It, Karin Calvo-Goller Explains it All for You - 0 views

  • IMPORTANT NOTE: There is one point in this case that was totally misunderstood by many of the international observers and that point needs to be underlined here:  in France, no one goes to prison for libel. [All that a defendant in a lawsuit in France risks, such as the one that Calvo-Goller brought against Joseph Weiler, is a fine, and even then, even if the court decides in the plantiff's favor, against the defendant, even then, the defendant is not considered a criminal under French law since libel is a misdemeanor and not a crime under French law.]
  • I could not ignore Mr. Weigend's review and particularly [the suggestion] that, in my book, I had simply restated the contents of existing legal texts.
  • Q. How do you respond to the suggestion made by some observers that bringing the complaint in France amounted to libel tourism or forum shopping? A. I disagree with my critics completely. ... The court ruling states that "for reasons of preference ... she considered that only French law offered her a chance of being successful." But there was no option since, under two Israel Supreme Court judgments, at the relevant time (July 2007) the Internet was not considered'"contrary to the printed media, for instance'"to constitute a means of publishing what is deemed to be a libelous text or expression. I spoke to an American lawyer earlier, and I was told that in an American court, I would have had to prove "malice," among other [things]. ...
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  • The freedom to hold opinions and to express opinions is a right expressly provided in international human-rights covenants. This includes the freedom to criticize other people's ideas and works. These freedoms are the basic premise for the transmission and exchange of knowledge among others. However, one of the very few restrictions to the exercise of these rights is the respect of the rights or reputation of others. An author, [like] any human being, is entitled to the respect of his reputation. The publication of works of course exposes an author to criticism, but it does not deprive him of the right to the respect of his reputation. Fair criticism does not automatically mean that rights of the authors were disregarded. ...
  • In my view, fair criticism of someone else's idea can initially be put on the Internet without the agreement of the author. If an author finds the criticism unfair or erroneous and informs the manager or editor of the site accordingly, the author should be entitled to respond and be granted the same space as was accorded to the criticism, and'"I want to emphasize'"not only in the form of a comment. Where the author considers the criticism to be libelous and harmful to his reputation, another mutually agreed-upon reviewer should be found and, whatever the outcome, it [the review] can be posted. But in the meantime, the criticism should be removed. Words can cause tremendous harm, and there are higher principles telling us not to do so.
Weiye Loh

Can Flip Cams & Online Video Help Stop Violence in Slums? | The Utopianist - Think Bigger - 0 views

  • people are more prone to despicable behavior if it’s masked by a crowd. So could widespread knowledge that the identity of mob participants might be made known via portable technology help reduce crime?
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    The knowledge that the protesters in Egypt were equipped with hand held video cams and cellphone cameras is thought to have prevented brutality in many instances. And certain nonprofits and nongovernmental organizations have deemed distributing cheap video-recorders like Flip-Cams and helping to train citizen journalists in desperate parts of the developing world a priority. Cisco donated 1 million of its Flip-Cams to NGOs around the world to do exactly that. Bill Clinton has even endorsed the idea.
Weiye Loh

Index on Censorship » Blog Archive » Code breakers - 0 views

  • Journalism is demonstrably valuable to society. It tells us what is new, important and interesting in public life, it holds authority to account, it promotes informed debate, it entertains and enlightens. For sure, it comes with complications. It is rushed and imperfect, it sometimes upsets people and in pursuit of its objectives it occasionally does unpleasant or even illegal things. But by and large we accept these less welcome aspects of journalism as part of the package, and we do so because journalism as a whole is in the public interest. It does good, or to put it another way, we would be much poorer without it.
  • journalists themselves are slow to draw the distinction because theirs is traditionally an open industry, without barriers and categories, and also because they don’t tend to think of what they do in terms of doing good and being valuable.
  • privacy invaders do everything they can to blur the line. It is in their interest to be considered journalists, after all. They can shelter under the same umbrella and enjoy the same privileges as journalists. They can talk about freedom of expression, freedom of the press and serving the public interest; they can appeal to tradition and history and they can sound warnings about current and future censorship. This helps them to protect what they do.
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  • the code of practice of the Press Complaints Commission (PCC), which at least in principle binds journalists working for member organisations and which includes clauses on such matters as accuracy, privacy and the use of subterfuge. The code makes clear, for example, that it is not acceptable to employ a clandestine recording device on a ‘fishing expedition’ — in other words, when you don’t have good grounds to expect you will gain a particular kind of evidence of a particular kind of wrongdoing.
  • journalism has to be about truth
  • The public interest is central because it is a sort of get-out-of-jail card for journalists, though it is actually recognised only grudgingly in law. An ethical journalist can justify telling a lie, or covertly recording a conversation, or trespassing if this act is done in the pursuit of the public interest, and even if he or she is found guilty of an offence, others will usually understand this as valid and will give their support. The public interest can literally keep a journalist out of jail, and it is not merely in the eye of the beholder. The Press Complaints Commission, for example, defines it as follows: The public interest includes, but is not confined to: i) Detecting or exposing crime or serious impropriety ii) Protecting public health and safety iii) Preventing the public from being misled by an action or statement of an individual or organisation
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    We tend to speak of journalists, of their role, their rights, their responsibilities and very often their lack of restraint and how it should be addressed. But this is misleading, and prevents us from seeing some of the complexities and possibilities, because the word 'journalist', in this context, covers two very different groups of people. One group is the actual journalists, as traditionally understood, and the other is those people whose principal professional activity is invading other people's privacy for the purpose of publication.
Valerie Oon

Ethics discussion based on new movie, "Surrogates" - 8 views

This movie upset me. I don't think the director developed the premise and plot to the potential it could have reached. Quite a shallow interpretation. But it does raise some intrigue. I'm a bit stu...

technology future empowerment destruction

Weiye Loh

Freakonomics » The U.K.'s 'Under-Aged' Socially Networked Children - 0 views

  • The study’s authors argue that removing age restrictions from sites like Facebook might actually be the best way of improving child safety online.
  • Elisabeth Staksrud, from the University of Oslo and one of the report’s authors comments that: “since children often lie about their age to join ‘forbidden’ sites it would be more practical to identify younger users and to target them with protective measures.”
  • This flies in the face of what many see as a critical security wall  protecting children from cyber-crime on social networking sites. A report released in January by Internet security firm PandaLabs identified Facebook and Twitter as the sites which are most prone to security breaches. The danger is particularly accute when young children enter their real personal information on their profile. Though, as the new research indicates, children are already lying about their age to sign up for a profile. So from a safety standpoint, the most important measure for children to take is to refrain from entering real information such as their address or where they go to school.
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    The study's authors argue that removing age restrictions from sites like Facebook might actually be the best way of improving child safety online. Elisabeth Staksrud, from the University of Oslo and one of the report's authors comments that: "since children often lie about their age to join 'forbidden' sites it would be more practical to identify younger users and to target them with protective measures."
Weiye Loh

China accuses US of human rights double standards | World news | The Guardian - 0 views

  • Beijing has a doctrine of non-interference in other countries' internal affairs, but the State Council Information Office releases an annual report on the US human rights record as a riposte to Washington's criticisms. The document says it underlines the hypocrisy of the US and "its malicious design to pursue hegemony under the pretext of human rights".
  • Last week the secretary of state, Hillary Clinton, criticised China's "worsening" record – citing the detention of artist Ai Weiwei and others – as she released the annual state department survey of the human rights situation around the world. An introduction to the Chinese document, by the state news agency Xinhua, said the report was "full of distortions" and the US "turned a blind eye to its own terrible human rights situation".
  • Much of the document focuses on social and economic issues such as poverty, crime and racism. It attacks the US for the large number of civilian casualties in Iraq and Afghanistan and the prisoner abuse scandals that have dogged counterterrorism initiatives. It adds: "The violation of [US] citizens' civil and political rights by the government is severe … the United States applies double standards … by requesting unrestricted 'internet freedom' in other countries, which becomes an important diplomatic tool for the United States to impose pressure and seek hegemony, and imposing strict restriction within its territory.
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  • the US government wants to boost internet freedom to give voices to citizens living in societies regarded as 'closed' and questions those governments' control over information flow, although within its borders the US government tries to create a legal frame to fight the challenge posed by WikiLeaks
Weiye Loh

The Science of Why We Don't Believe Science | Mother Jones - 0 views

  • Even if individual researchers are prone to falling in love with their own theories, the broader processes of peer review and institutionalized skepticism are designed to ensure that, eventually, the best ideas prevail.
  • Modern science originated from an attempt to weed out such subjective lapses
  • Our individual responses to the conclusions that science reaches, however, are quite another matter. Ironically, in part because researchers employ so much nuance and strive to disclose all remaining sources of uncertainty, scientific evidence is highly susceptible to selective reading and misinterpretation.
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  • a large number of psychological studies have shown that people respond to scientific or technical evidence in ways that justify their preexisting beliefs.
  • In a classic 1979 experiment (PDF), pro- and anti-death penalty advocates were exposed to descriptions of two fake scientific studies: one supporting and one undermining the notion that capital punishment deters violent crime and, in particular, murder. They were also shown detailed methodological critiques of the fake studies—and in a scientific sense, neither study was stronger than the other. Yet in each case, advocates more heavily criticized the study whose conclusions disagreed with their own, while describing the study that was more ideologically congenial as more "convincing."
  • According to research by Yale Law School professor Dan Kahan and his colleagues, people's deep-seated views about morality, and about the way society should be ordered, strongly predict whom they consider to be a legitimate scientific expert in the first place—and thus where they consider "scientific consensus" to lie on contested issues.
  • people rejected the validity of a scientific source because its conclusion contradicted their deeply held views—and thus the relative risks inherent in each scenario.
  • When political scientists Brendan Nyhan and Jason Reifler showed subjects fake newspaper articles (PDF) in which this was first suggested (in a 2004 quote from President Bush) and then refuted (with the findings of the Bush-commissioned Iraq Survey Group report, which found no evidence of active WMD programs in pre-invasion Iraq), they found that conservatives were more likely than before to believe the claim.
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