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It's Hard To Run a Blog In Sweden

mpawlo writes "Swedish foreign minister Carl Bildt is being investigated by a prosecutor because of his blog. In a blog post, Mr. Bildt states that some 13.000 comments are posted (Swedish link) on his blog and that he and his staff try to erase all inappropriate comments. However, they apparently missed a comment proposing genocide of Palestinians. This prompted a Swedish leftist blogger to report the conservative foreign minister's blog and the comment to the authorities. Now a prosecutor is looking into the matter and the foreign minister will likely be held responsible for the comments due to poor Swedish legislation on freedom of speech relative to the Internet."

299 comments

  1. It may be hard to run a blog... by Anonymous Coward · · Score: 0, Redundant

    But it's easy to run a train in Sweden. Check out what I wrote in my last blog post.

    Runnin' a Train

    Man, me and my gang ran a train on that Swedish bitch. She was tight at first but that bitch's pussy is like a bucket now.

  2. How much... by MyLongNickName · · Score: 1, Interesting

    ... do you want to bet that the leftist blogger is the one who posted the "comment"?

    --
    See my journal for slashdot ID's by year. Mine created in 2005. http://slashdot.org/journal/289875/slashdot-ids-by-year
    1. Re:How much... by drinkypoo · · Score: 3, Insightful

      ... do you want to bet that the leftist blogger is the one who posted the "comment"?

      If people don't get drug into court for bullshit laws, the bullshit laws tend to stay on the books.

      It's unfortunate that most of the world seems to work that way, but there you have it.

      It's probably better for everyone if that sort of thing actually happens, especially if it happens to high-profile individuals. Even the individuals getting busted, in the long run (it's cold comfort when you're in court, though.)

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:How much... by Anonymous Coward · · Score: 0

      I don't know about the "left" in Sweden, but 'round these parts, everyone accuses the "left" of wanting to go out and hug the suicide bombers and tell them everything will be alright and give them flowers, or variations on the above.

      Based on that, anyone accusing the left of being anti-palestine must be a right-winger trying to hide the fact that they want to blow everyone who isn't like them to bits.

    3. Re:How much... by Sylver+Dragon · · Score: 3, Interesting

      I thought the same thing. If the law is that broken, a few high profile people need to get nailed with it. Sometimes, the best way to get a law changed, is to enforce it.

      --
      Necessity is the mother of invention.
      Laziness is the father.
    4. Re:How much... by Anonymous Coward · · Score: 0

      Are you a fucking retard? The point of the grandparent was that the left winger who reported him probably left the statement about the genocide of Palestinians while posing as a right winger in the comment section of the blog.

    5. Re:How much... by TubeSteak · · Score: 1

      ... do you want to bet that the leftist blogger is the one who posted the "comment"?
      What?
      You don't think that anyone on the far right in [any country] would be willing to suggest genocide as a solution to the Israeli/Palestine problem?

      Whatever horrible stereotypes you have about left/right/other, there will be at least one person on the internet who is even worse than you thought possible.
      --
      [Fuck Beta]
      o0t!
    6. Re:How much... by brunascle · · Score: 1

      yes, because no one says that when they actually mean it.

      you're new to the internets, arent you?

    7. Re:How much... by christus_ae · · Score: 1, Flamebait

      Well, I can say easily "I'm glad I live in America".

    8. Re:How much... by Anonymous Coward · · Score: 5, Funny

      I'm glad you do too.

    9. Re:How much... by Hatta · · Score: 1

      If people don't get drug into court for bullshit laws, the bullshit laws tend to stay on the books.

      We've been imprisoning people for smoking cannabis for decades, doesn't look like that bullshit law is going away any time soon.

      --
      Give me Classic Slashdot or give me death!
    10. Re:How much... by drinkypoo · · Score: 4, Insightful

      We've been imprisoning people for smoking cannabis for decades, doesn't look like that bullshit law is going away any time soon.

      It's not universal. First, we're imprisoning mostly the wrong people for the aforementioned effect to occur, people who don't have any money. If you get busted for drugs, they're likely to take away all your money and claim it came from drugs whether it did or not; so see point 1.

      Second, the War On Some Drugs is too profitable for too many influential groups for this to work. Think about all the beneficiaries! The biggest motivation to ban Marijuana originally came from Hearst (with his paper industry) and DuPont (with his plastics industry) but it also benefits the pharmaceutical companies, who get to sell bullshit drugs for things which can be treated with cannabis; the liquor industry, which would probably see a decline in sales; the private incarceration industry including both companies which build prisons and companies which run them; and of course, the justice system, which has dramatically higher volume with marijuana illegal than it would without it. There's also special organizations created just to reduce marijuana production, like CAMP, which would have no reason to exist without the prohibition (although they did cut CAMP's funding this year, or so I hear.)

      What I find particularly annoying about this issue, though, is that the American public is being pretty fucking stupid by going along with the bullshit arguments. I don't know about you but I learned in school (partly in college, but just a lame two-year) that prohibition was an abject failure all along, and that it was terminated because it essentially provided endless positive PR for organized crime; they could make people happy and grateful by breaking the law! And, of course, make the usual pile of money in the process. It made gangsters famous instead of infamous and made them rich to boot. But we have precisely the same situation today with the other controlled substances; plus it is honestly true that some import drug sales fund terrorism. (Of course, so did paying OBL's Taliban to combat opium production in afghanistan, but never mind that for just now.) So the government is telling us "don't buy drugs, because they fund terrorism" while at the same time literally creating a market for foreign drugs by outlawing their production (and use of course) here in the states! And on top of that, it harms the US economy by sending that money out into the world instead of having it spent here and remain in local communities, let alone in the country.

      I don't understand how so many people in this country can continually vote to keep drugs illegal except to believe that they did not at all learn the lessons of prohibition of alcohol - the only constitutional amendment ever passed that limits freedoms. And, of course, an amendment which was later revoked.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    11. Re:How much... by Anonymous Coward · · Score: 0
    12. Re:How much... by Anonymous Coward · · Score: 1, Interesting

      I think you bring up an interesting point as well, in that during alcohol prohibition the Congress actually went through the proper procedure and passed a constitutional amendment. Today they have the arrogance to just pass and enforce laws against drugs without any constitutional authority to do so. And the courts have backed them, because they've become as corrupt as the legislature. It's outrageous.

    13. Re:How much... by letxa2000 · · Score: 1, Insightful

      However, they apparently missed a comment proposing genocide of Palestinians. This prompted a Swedish leftist blogger to report the conservative foreign minister's blog and the comment to the authorities. Now a prosecutor is looking into the matter and the foreign minister will likely be held responsible for the comments due to poor Swedish legislation on freedom of speech relative to the Internet."

      Huh? What's wrong with free speech in Europe that it is apparently illegal to propose genocide of Palestinians? That solution sounds disgusting and I don't support it, but someone who feels differently damn well should be allowed to suggest it. On or off the Internet.

      I know Europe is supposed to be some paradise or something where no-one ever gets sick and everyone has health care, but I think I'll stick to the United States, even if it's supposedly fascist. Yeah, right.

    14. Re:How much... by Hatta · · Score: 2, Interesting

      the only constitutional amendment ever passed that limits freedoms

      What? The 13th amendment limited my freedom to hold slaves. No? Not buying that? Neither do I, but it's the same argument people make when they say the GPL is "less free" than BSD.

      Man I can not stay on topic today. heh.

      --
      Give me Classic Slashdot or give me death!
    15. Re:How much... by Eudial · · Score: 1

      Well, I can say easily "I'm glad I live in America".
      ... where you are dragged away by men in black to a secret military holding cell in some remote part of the world when you post something the government disapproves of, rather than *the sound of a SWAT-team breaking through the window interrupts the message*
      --
      GAAH! MY PRINTER IS ON FIRE!!! PUT IT OUT! PUT IT OUT!
    16. Re:How much... by mi · · Score: 1

      We've been imprisoning people for smoking cannabis for decades, doesn't look like that bullshit law is going away any time soon.

      That's evidence, that this particular law is not bullshit — in the majority's opinion, anyway...

      --
      In Soviet Washington the swamp drains you.
    17. Re:How much... by skrolle2 · · Score: 3, Informative

      I can bet quite a lot.

      The blogger has somewhat of a grudge against our current right-wing government and writes about any setback or "scandal" with glee, and tries to manufacture scandal where there isn't one. But it's probably some other moron who posted the comments.

      Note that the stage this is in is that a prosecutor is investigating if they're even gonna bother pressing charges. Considering similar cases before, and considering the severity of the comments, absolutely nothing is going to happen, it's just the wet dreams of one blogger. Move along. Nothing to see here.

    18. Re:How much... by jcgf · · Score: 1
      Sorry, but no there isn't, regardless of what people's opinions may be. When you consider that overdoses are not posssible (not true with alcohol and even nicotine) there really is no reason for it not to be legal.

      Before anyone brings it up, driving under the influence is a separate issue from the legalization one and does need to be dealt with.

    19. Re:How much... by Anonymous Coward · · Score: 0

      There is no doubt that it is a "solution", just not one most people would desire. Sadly, this may be one of the AvB problems with two soltuions and one alternative to solution. Kill A. Kill B. Ignore the problem - as an entity unto itself - altogether. It the last option that people often find the least palitable even though it is most often employeed. By way of example, we don't really try to solve the murder problem. Reasonable efforts are made to reduce it, but beyond a certain point it becomes clear that the tradeoffs are too great. If you ask me to tell that to a grieving family, I will remind you that telling stuff to grieving families is not really my concern.

      The captcha is "stabbed" so don't think banning guns or munitions will help much.

    20. Re:How much... by ravenshrike · · Score: 1

      WHoohooo, go /. mod system. Sadly the(wo)mans point still stands. At least we're not such a bunch of fucking cowards in the US that we've allowed the islamists to dictate our speech patterns. Of course, this is the same system that has over 100 cars burned a night and considers everything fine and dandy.

    21. Re:How much... by eat+here_get+gas · · Score: 0

      at 47 years old, I have personal observation of ~40% of the people my age or younger smoke pot on a regular basis- your majority, if it is a majority, is slim at best (considering how many people I don't know who may smoke pot)...

      and frankly, I know for a fact that if I walk into a room with 4 people and a 12-pack, there's a fight in 20 minutes over who gets the last beer (regardless of who bought it!); yet if I go into the same room with the same people but have a joint, in 20 minutes we're all giggling, laughing, and having a good time. I have never seen anyone smoke 3 joints and drive into a tree- OTOH, 3 beers.....

      --
      the significance of a signature is insignificant
    22. Re:How much... by christus_ae · · Score: 1

      typical AC/slashdot rhetoric...

    23. Re:How much... by The+One+and+Only · · Score: 1

      Well, if you consider code to have the same rights as human beings, maybe.

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      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    24. Re:How much... by fucksl4shd0t · · Score: 1

      Maybe you forgot the decades of anti-drug propoganda to go with it. The difference between now and then (prohibition), besides the obvious fact that they used an amendment the last time but not this time, is that this time they know how to keep popular support.

      But let's not forget that many of the people objecting to psych drugs are the people that grew up during Nancy Reagan's Just Say No! campaign.

      --
      Like what I said? You might like my music
    25. Re:How much... by micknz · · Score: 1

      Bahahaha, if only I had mod points!!

    26. Re:How much... by Anonymous Coward · · Score: 0

      At least we're not such a bunch of fucking cowards in the US that we've allowed the islamists to dictate our speech patterns.
      Oh no? When cartoons of Muhammed were published in a Danish newspaper and Muslims all over the world went on the rampage (on the basis of the actual cartoons and some lies by Islamists trying to stir them up), not one US newspaper would reprint them. In Europe, it was not only in Denmark, but in several other countries that newspapers showed solidarity and support for free speech be reprinting them, despite death threats from Islamists.

      It looks to me like you're the ones being cowed by the Islamists, not us. As for this case, calling for genocide can possibly be interpreted as incitement to kill people. If it meets that standard, then under any sane legal system it would not be allowed. If it doesn't meet the incitement standard, then it should be allowed to stand, distasteful though it may be.

    27. Re:How much... by Hal_Porter · · Score: 1

      What?
      You don't think that anyone on the far right in [any country] would be willing to suggest genocide as a solution to the Israeli/Palestine problem?


      I think he's suggesting that someone posted an inflammatory and extremist comment on a site on the internet to discredit the site not because they believed in it

      Oh, and by the way LET'S KILL ALL THE REPUBLIKKKANS AND WINDOWS USERS! AL QAEDA FTW!

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    28. Re:How much... by broeman · · Score: 1

      I didn't know that Sweden have taken over all of Europe, must have missed the memo.

      Some countries in Europe have limits to the freedom of speech, some countries have none (even though racism isn't legal in any EU country, as far as I know). The only one I knew till today, was Germany, where Nazi-symbols and such are illegal, except in the use of education. The denial of the Nazi holocaust is though considered in many countries to be antisemitic, and therefore racism, also in my freedom loving country, Denmark.

      --

      (yes this can be compared with sex)
    29. Re:How much... by Porchroof · · Score: 1

      Ha ha ha ha ha ha ha, gulp, er, ha ha ha ha ha ha.


      drinkypoo drinkytoo much.

      --
      Fata viam invenient.
    30. Re:How much... by letxa2000 · · Score: 1

      Racism should be fine if it is expressed verbally or in the written word and not actually acted upon. Again, I must ask: What is wrong with free speech in Europe?

    31. Re:How much... by tehcyder · · Score: 1

      What's wrong with free speech in Europe that it is apparently illegal to propose genocide of Palestinians?
      In Europe we have actually had genocides, don't forget. That tends to colour most people's view of the importance of absolute free speech.
      --
      To have a right to do a thing is not at all the same as to be right in doing it
  3. Logical progression of hate crime/speech laws by goldspider · · Score: 4, Insightful

    Pay attention everyone; expecially those of you who support hate crime and speech laws. This is what happens when you regulate certain "unacceptable" kinds of speech with the intent of "correcting" unpopular beliefs.

    "Thoughtcrime" won't be relegated to fiction for long.

    --
    "Ask not what your country can do for you." --John F. Kennedy
    1. Re:Logical progression of hate crime/speech laws by Spazntwich · · Score: 1

      But... but... how else can we spread tolerance if we tolerate the tolerant of the intolerant?!

    2. Re:Logical progression of hate crime/speech laws by doombringerltx · · Score: 1

      I really hate to plug a band like this, but this song has a lot of insight on "thoughtcrimes" in Sweden. A while back a racist band named Max Resist got arrest for giving the straight arm salute at a show there. The song is called Battle of Brottby. Its got a fair amount of news clips on the intro and outro to the song. Granted they are knuckle-dragging biggots, but they do a good job of telling their story of being thrown in jail for expressing beliefs outside the mainstream.

    3. Re:Logical progression of hate crime/speech laws by Goaway · · Score: 2, Insightful

      So you think there should be no limits on speech?

      Does this include death threats? Incitement to kill people? Instructions for how to make nuclear weapons? Fundraising for terrorists? Lying to courts? The president lying to the people? Fraud?

    4. Re:Logical progression of hate crime/speech laws by bobcat7677 · · Score: 0

      I agree with the insightful parent, such laws are sad indeed. But look at the bright side: at least we may get rid of one of those pesky bloggers. Blogs are an evil invention. Some people attempt to use them for good...but that is difficult being that they are inherently evil.

    5. Re:Logical progression of hate crime/speech laws by Anonymous Coward · · Score: 0

      What about "illegal" don't you understand? That guy comes to Sweden and breaks the internets law; deport him back to America

    6. Re:Logical progression of hate crime/speech laws by Anonymous Coward · · Score: 0

      Instructions for how to make nuclear weapons?
      Prior restraint anyone?

    7. Re:Logical progression of hate crime/speech laws by Hatta · · Score: 1

      Thought crime already exists. The thoughts induced by THC, LSD, morphine, cocaine, etc, have all been deemed too dangerous to allow. Attempting to have such thoughts will get you imprisoned.

      --
      Give me Classic Slashdot or give me death!
    8. Re:Logical progression of hate crime/speech laws by badboy_tw2002 · · Score: 1

      The concept is fine, it's words like blog and blogosphere that are hate crimes against the English language.

    9. Re:Logical progression of hate crime/speech laws by Arthur+B. · · Score: 2, Insightful

      There's no limit on baking cakes either, that doesn't mean you can make an arsenic cake for your mother-in-law. There is nothing wrong with "expressing a death stress", what's wrong is the threat to kill, be it in form of speech, explicit, implicit etc. In the cases you mention, speech is just a vehicle for a crime (breach of contract, death threat etc), it doesn't make speech *the* crime.

      There ought to be no limit on free speech means that speech should not be limited *for itself*. Hating someone is not a crime, therefore, spreading hateful messages isn't either.

      --
      \u262D = \u5350
    10. Re:Logical progression of hate crime/speech laws by Goaway · · Score: 1

      "Death threat" is a crime that can exist independently of speech? I don't think you can untangle the speech and the crime just quite as easily as you think.

      If "death threat" is a crime, then what's wrong with "advocating genocide" being a crime?

    11. Re:Logical progression of hate crime/speech laws by Arthur+B. · · Score: 2, Interesting

      When I silently point a gun at you in a dark alley, I am making a death threat without speaking. The point is that speech should not be limited *for itself*, for being speech.

      Advocating genocide is somehow a death threat but it is to vague to constitute a crime, you are not involved in the crime. There's a difference between saying "quick, shoot that guy over there" and "death to group X".

      --
      \u262D = \u5350
    12. Re:Logical progression of hate crime/speech laws by ducomputergeek · · Score: 1
      I had the same feelings as an American living in Germany a few years ago. Great country, had a great time, but there were a few things where there was a complete cultural divide and one of those was the freedom of speech. Mien Kampf, or at least parts of it, was required reading back in some of my college classes. Especially the ones dealing with the history around WWII. Yet it remains a banned book back in Germany, and this may have changed, but I remember that it almost took special permission for academic/historical research from the government to read the book. Again, being a product of American values, there was a part of me that just wanted to say, "Yeah, it was a bad time, but burying your heads in the sand trying to forget it isn't good either".

      I think there was an equal disconnect in understanding on the part of my German friends of my view that, "I may not agree with what you say, but I'll defend your right to the death to say it." It was interesting to me to realize that freedom of speech is one thing that United States does have that just doesn't seem to exist most other places. Just about every country in Europe has some restriction or another.

      "Hate" crimes, "Hate" speech, etc. scare me more than anything else.

      --
      "The problem with socialism is eventually you run out of other people's money" - Thatcher.
    13. Re:Logical progression of hate crime/speech laws by quintesse · · Score: 1

      Sorry but it has nothing to do with "correcting unpopular beliefs", this is just a relatively simple case of who is responsible for comments published on a website: the author of said comment or the owner of the website.

      Because believe it or not, there are certain kinds of speech that are illegal in your precious US of A as well (defamation for example) which would generate the exact some problem if the law doesn't know how to handle it.

      So yes, this is one of those cases where it's unclear what to do but I prefer their system to your anything goes and fuck the consequences.

    14. Re:Logical progression of hate crime/speech laws by Anonymous Coward · · Score: 1, Insightful

      >So you think there should be no limits on speech?

      Absolutely.

      >Does this include death threats?

      Intent to murder is a crime. What's the need for a law against death threats?

      >Incitement to kill people?

      That's their problem, if they go through with it. The only exception would be inciting a mentally ill individual to do this. However, I would argue this would be assault/abuse, since the mentally ill are often protected like this (and deserve to be).

      >Instructions for how to make nuclear weapons?

      Considering they're already public, and have been for decades, I think that's proof enough that any worry over this is far overrated.

      >Lying to courts?

      Perjury is a crime only because the results of it put innocent men in prison. The crime isn't in the speech, it's in the results of it (much like all your previous examples).

      >The president lying to the people?

      That's nothing new and we are supposed to vote him out of office for that. If we choose not to, that's our fault.

      >Fraud?

      It's not the speech, again. It's the broken contract. You agree to do X for Y compensation but you don't. That's a simple contract case.

      The ultimate test for all your questions is this: Could I publish a book with the questioned content -- in the case of your death threat question, you may need to depersonalize it so you don't actually make an individual believe you are going to kill them. If the answer is yes, that speech is free. The basic idea is, legally speaking, if you remove the mens rea from the act, can you do it? If so, the crime isn't unilaterally illegal -- it requires actual intent.

    15. Re:Logical progression of hate crime/speech laws by Goaway · · Score: 1

      Advocating genocide is somehow a death threat but it is to vague to constitute a crime,

      That's pretty subjective. Lots of people would disagree with that claim, and enough do that it is considered a crime in Sweden. Since it is a crime, then by your argument it is not a limitation on freedom of speech, yes?

    16. Re:Logical progression of hate crime/speech laws by radish · · Score: 1

      I found an interesting article about the history of book banning in the US. It's certainly true that most of the recent cases it lists are of local school districts or specific stores restricting titles, but you don't have to go far back to see instances of essentially nationwide bans. I agree that less censorship is better than more, but I wouldn't be too complacent about the current situation over here.

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    17. Re:Logical progression of hate crime/speech laws by Anonymous Coward · · Score: 0

      Hate crime isn't at all thought crime. It's about trying to incite violence against groups of people. The name is a misnomer.

    18. Re:Logical progression of hate crime/speech laws by The+One+and+Only · · Score: 1

      The advocacy of a political position does not fall into any of those categories.

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    19. Re:Logical progression of hate crime/speech laws by The+One+and+Only · · Score: 2, Insightful

      The US is fairly lenient on defamation--defamatory speech is prohibited only when there is malice behind it, unlike Britain. Defamation and fraud are the misrepresentation of fact. Americans have (and passionately believe in) the freedom to express any political opinions--be it favoring the violent overthrow of the government, the extermination of Canadians, or even the idea that homosexuality is not okay with God. If you express these beliefs, the police won't come after you like they do in Europe. People just think you're a few bananas short of a fruit salad.

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    20. Re:Logical progression of hate crime/speech laws by PitaBred · · Score: 1

      Yelling "FIRE!" in a crowded theater sounds like it'd be fine with you, too. I mean, only stupid people would listen if there wasn't a fire, right? Have your free speech, but it stops as soon as you start inciting other people to violence and crimes. They may be guilty, but so are you. It takes a catalyst and a reagent to create a reaction... you should take away both, not just one or the other. The catalyst could always come in contact with more reagent.

    21. Re:Logical progression of hate crime/speech laws by Goaway · · Score: 1

      Not only is that irrelevant, but if you think genocide is a "political position", you have issues.

    22. Re:Logical progression of hate crime/speech laws by Goaway · · Score: 1

      Considering they're already public, and have been for decades, I think that's proof enough that any worry over this is far overrated.

      They most definitely are nothing of the kind. Some details of the basic design are public, but those are very, very far from being actual instructions, and are only a tiny first step on the road to developing the actual weapons. Try again, this time considering easily reproducible instructions and all the necessary data.

      Could I publish a book with the questioned content...

      How about personal information? Your medical records, credit card numbers, details of your everyday life?

    23. Re:Logical progression of hate crime/speech laws by The+One+and+Only · · Score: 1

      It most definitely is a political position if you favor genocide as a policy for some government to carry out. Just like war. Opinions do not have to be reasonable (going back to the gold standard) or moral (wanting the United States to torture terror suspects) in order to be political positions.

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    24. Re:Logical progression of hate crime/speech laws by Arthur+B. · · Score: 1

      There's a difference between an objective distinction is hard to draw and a subjective call. For example, many people would have a hard time deciding which answer is correct in an advanced quiz, it doesn't make the answer subjective.

      Sure it's hard to tell if a death threat is specific enough to constitute a crime and that's the whole point of justice by trial.

      Now I don't care that it has been labeled a "crime" in Sweden. Who said so? The Swedish lawmakers... But you cannot just "claim" that something is a crime to make it so. I can also claim that posting on /. is a crime in the US, that doesn't make it a crime, similarly the US govt can claim the same thing and it doesn't *really* make it a crime, although they'll call it that.

      --
      \u262D = \u5350
    25. Re:Logical progression of hate crime/speech laws by goldspider · · Score: 1

      Does not the question of whether the poster or the blog's owner is "responsible" assume that something "wrong" has been done?

      And in this case, the "wrong" is little more than an expressed opinion to which a single person took exception. This has everything to do with punishing unpopular beliefs and intimidating anyone who might dare express them in the future.

      --
      "Ask not what your country can do for you." --John F. Kennedy
    26. Re:Logical progression of hate crime/speech laws by Goaway · · Score: 1

      Are you trying to argue that the law does not define what a crime is?

    27. Re:Logical progression of hate crime/speech laws by Anonymous Coward · · Score: 0

      I agree. Let's ban the yelling of "FIRE!".

    28. Re:Logical progression of hate crime/speech laws by Anonymous Coward · · Score: 0

      Oh, we (as in swedes) already have thoughtcrimes. You are forbidden by law to think of building a nuclear power plant.

    29. Re:Logical progression of hate crime/speech laws by terrymr · · Score: 1

      But it was us that wrote the German constitution and many of its laws after the the war was over.

    30. Re:Logical progression of hate crime/speech laws by Anonymous Coward · · Score: 0

      yes - It's the actual killing that's bad. Death threats are only threatening in a society where people are incapable of defending themselves
      yes - I notice "he told me to do it" has never been an excuse for anything. The person who acts is responsible, therefore, we don't need to make the person who tells them to act responsible as well.
      yes - instructions are worthless - you need ~50kg of enriched Uranium to make a nuke. If you have the means to procure that, you almost certainly have access to a nuclear physicist
      yes - collecting the actual money wouldn't be
      yes - if you're compelled to answer, can't have your cake & eat it
      yes - he doesn't need to be prosecuted to be removed from power
      yes - the fraud only occurs when you falsely take the money (or whatever else, car, house, etc). Yes, it means that you can't pre-emptively punish people for intending to, but failing to do a bad thing(TM), this is generally a good thing (except for murders, which a little bit more final).

    31. Re:Logical progression of hate crime/speech laws by skrolle2 · · Score: 1

      Oh cut the self-righteous drama, please, especially if you don't know the law or the purpose of the law.

      You're not automatically responsible for everything that other people write on your webpages. However, if someone notices you of the existence of hate speech or similar, you should probably remove it.

      Swedish law is, like a bunch of other law systems, more concerned with the PURPOSE of a law than the exact letter of the law. Laws themselves are usually pretty short and readable, but are accompanied by instructions for their purpose, how they should be interpreted, how they should be applied etc. Ultimately, it's up to judges to judge, but they get a lot of guidance.

      The purpose of this law is to make sure that you can't post hate speech under the guise of anonymous posters. It's not meant to punish people who aren't screening/cleaning their webpages constantly, it's meant to punish those that promote hate speech, and it's pretty safe to say that that is not the case here.

      Also, what constitutes as hate speech in Sweden is basically promoting genocide or etnocide, and I think we can kinda live without that. Yes, it can turn into a slippery slope, but I'm not worried about that.

    32. Re:Logical progression of hate crime/speech laws by goldspider · · Score: 1

      "However, if someone notices you of the existence of hate speech or similar, you should probably remove it."

      Why?

      "The purpose of this law is to make sure that you can't post hate speech under the guise of anonymous posters."

      Why shouldn't someone, anonymous or not, be able to speak his/her mind?

      "it's meant to punish those that promote hate speech"

      That's my exact bone of contention though. Why should the expression of certain beliefs be punished? Who gets to decide what is "hateful" and what is not? It's not like we're dealing with a very concrete, objective term here.

      In a society that values free speech, the most unpopular beliefs are the ones that need the most vigorous defense.

      --
      "Ask not what your country can do for you." --John F. Kennedy
    33. Re:Logical progression of hate crime/speech laws by joto · · Score: 1

      There's a difference between saying "quick, shoot that guy over there" and "death to group X".

      Sure, there's a difference. Actually there are several different statements that one could discuss whether to allow or make illegal

      1. I hereby declare that I am going to kill Joe Q Public
      2. I wish Joe Q Public was dead
      3. I wish Joe Q Public was killed
      4. I will reward the first person who can bring me proof that Joe Q Public is dead
      5. I will reward the first person who can bring me proof that Joe Q Public is killed
      6. Please kill Joe Q Public (addressed to a specific person)
      7. Please kill Joe Q Public (addressed to everyone listening)
      8. I will pay you to kill Joe Q Public
      9. I will pay anyone that kills Joe Q Public
      10. I order you (a specific person) to kill Joe Q Public
      11. I order you (everyone listening) to kill Joe Q Public
      12. And of course lots of other variations with respect to "any member of group X" or "all members of group X" instead of "Joe Q Public"

      Personally, I don't think it matters very much whether the death threat is made towards an individual, or members of a group. You still feel very much threatened. I can certainly see situations where even #2 would be problematical, such as when a person with great influence (e.g. a company executive, priest or clergy, politician, celebrity) states it publicly. Similarly, if someone watches TV, and sees a bad actor, and then says "Joe, please kill that lousy actor!", it should be legal, because the statement is not intended to be taken literally.

      In other words, intent matters more than what is actually said. If the intent is to scare the victim(s) or incite somebody to actually kill, it should be illegal. Wording doesn't matter much. And people with great influence, by necessity, have to weigh their words better. If we view the above-mentioned sentences with respect to intent, I am of the opinion that only #2 should be legal. But this is up to the courts to decide, and probably varies with varying legislation around the globe.

      And if Swedish law is such that one can get in trouble for having someone comment on your blog something that you yourself disagree with, then Swedish law is, of course, fucked.

    34. Re:Logical progression of hate crime/speech laws by Arthur+B. · · Score: 1

      The law pretends to define what a crime is. You can commit crimes * according to the law * but the law can be wrong. For example, the law is correct in recognizing murder as a crime, but incorrect in saying gambling is.

      Rights are not mercifully granted by some authority, they're natural, and so is crime - as an infringement of these rights. One can break the law while infringing on someone's right (committing a crime), or one can even commit a crime without breaking the law.

      --
      \u262D = \u5350
    35. Re:Logical progression of hate crime/speech laws by Goaway · · Score: 1

      You are confusing laws and morals. Consult a dictionary for further information.

    36. Re:Logical progression of hate crime/speech laws by Iron+Condor · · Score: 2, Interesting

      Your post is nonsense, of course. Free speech is alive and well in Europe and has been for a long time. Contrary to the American model, however, most (all?) European constitutions consider a couple other things more worthy of protection.

      In most (all?) European constitutions you will find an article guaranteeing the freedom of expression, the freedom of the press and such; but it will usually be article number four or eight or so (since you mention Germany: it's number five there). The first couple are usually about human life, health, freedom - those kinda things. Americans may think that it is OK to have free speech trump all these, but just because you think so doesn't make it so. In Germany, for example, people thought after WWII that maybe it wasn't such a hot idea to let anybody ask for the genocide of every minority thet can think of. Makes for a crummy kind of society.

      The kind we find in the US these days.

      There are countries in Europe that are a thousand years old. The US hasn't made it to 250 yet, and under extremely favorable outer conditions (geography etc). And I'm not filled by much hope it'll make it to 500 at the rate at which it is going.

      --
      We're all born with nothing.
      If you die in debt, you're ahead.
    37. Re:Logical progression of hate crime/speech laws by eat+here_get+gas · · Score: 0

      [quote]...Instructions for how to make nuclear weapons?...[quote]

      didn't I read somewhere of a pre-grad from Princeton building a bomb (on paper) from "teh intarweb" in 198-something ? Informative to some and dangerous to others, but where do you draw the line? And who draws the line?

      --
      the significance of a signature is insignificant
    38. Re:Logical progression of hate crime/speech laws by Anonymous Coward · · Score: 0

      your precious US of A

      I have to shake my head at the bigotry spewed by Europeans towards Americans. We're not perfect but you're not perfect either. The funny thing is, we just hang out over here in North America and don't even think about you people, much less have an opinion about you one way or the other. Basically, collectively, you lack importance. I think that Europeans resent this and try to get attention from us any way you can even if it's the negative kind. It's like a little kid that when daddy's too busy to pat him on the head, the kid will act out so daddy will give him a paddling. That's just a little bit sad.

      To all of my European friends, daddy's busy right now. Seriously.

    39. Re:Logical progression of hate crime/speech laws by Suriken · · Score: 1

      He is not confusing law and morals (in response to the other reply) - he is advocating John Locke's Naturalist theory of law.
      The real Question is, as you were saying, what is the definition of crime, and what makes law law?
      Parent post is suggesting that a crime is defined by higher morals or standards, and law constituted by the state that contradicts such is invalidated by that contradiction. This is fine by the naturalist viewpoint - Locke, Aquinas, Kant and others.
      Else the reply post appears to believe the positivist viewpoint that crime is only that which is defined by law - thus whatever the law says is criminal immediately is. The problem with this thinking is that law is validated by being put through a particular process - ie parliamentary guidelines and such, but the laws which dictate such process cannot be self-validating. See the works and theories of HLA Hart, John Austin, Hans Kelsen, Jeremy Bentham.

      The problem with law as I it is that it is used not as a reflection of the current morals of society, but rather an influence upon them by those in power. Critical Legal theorists, and Legal Feminists, rest upon the idea that a hard moral line (standard) for all peoples is impossible (or immoral in itself) due to the inherent differences between individuals.

      Ah - First year law, it all comes back to me now!
      by the way, I am against the hate crime / speech laws - and dread the day my own country (NZ) decides to enforce them (parliamentary discussions are in progress already...)

      --
      My Mommy says smoking kills. Oh, is your Mommy a doctor? No. A scientific researcher of some kind? No. Well then sh
    40. Re:Logical progression of hate crime/speech laws by Keith_Beef · · Score: 2, Insightful

      No. You are wrong, on a technical point.

      Imagine that I drive along a straight, wide road, in daylight. The road surface is in good condition, is dry, and my vehicle is in excellent condition. I am in full control of my vehicle. I drive at 65 mles per hour like this for five miles or so, without endangering myself or others.

      I look in my read view mirror to see flashing blue lights. It's the cops, and I'm pulled over for exceeding the speed limit of 50mph.

      I committed a crime, plain and simple, because the law sets the limit and I exceeded it.

      That, in essence is the whole of the argument. The law (statute, common law, penal code, whatever you want to call it) sets down certain limits, and if you exceed them you have committed a crime. End of story.

      After that, you can argue 'til you're blue in the face that your crime hurt nobody, put nobody at risk, and deserves no punishment, but those are mitigating circumstances to reduce your penalty, and do not negate the crime itself.

      Beef.

    41. Re:Logical progression of hate crime/speech laws by Anonymous Coward · · Score: 0

      Thoughtcrime is NOT Speechcrime/Writecrime.

    42. Re:Logical progression of hate crime/speech laws by Arthur+B. · · Score: 1

      The law says you committed a crime, it doesn't mean you did. In that particular case, it is very hard to figure out if you did since the rights associated to the road are ill-defined (the road was stolen in the first place). I'd probably say you didn't though.

      Once again, if crime is merely defined by positive law, why should it be the US government official's law ? Why not mine, or yours ? What if you live in a country with two governments that disagree on their definition of crime (it happens). What if you live in a dictatorship and hide a family that is to be tortured and killed, is it still a crime because the dictator says so?

      Of course there are limits, and exceeding these limits is what defines a crime. But these limit are not set by governments, they are inherent to human nature. These limits are essentially property rights.

      --
      \u262D = \u5350
    43. Re:Logical progression of hate crime/speech laws by Arthur+B. · · Score: 1

      No I am not, and to complicate things further, it can be moral to commit a crime and immoral acts are not necessarily crimes.
      Morality, law abiding, and respect of rights are not identical although they share a lot in common. For example, I hold hate speech to be immoral although it is certainly not a crime and different laws label it differently.

      I suggest you look into the principles of natural rights for further information.

      --
      \u262D = \u5350
    44. Re:Logical progression of hate crime/speech laws by broeman · · Score: 1

      Pretty easy case. You don't get him to court for inciting reactions, but the theater administration will get him to court for losing money that evening. That will keep idiots from doing it ;)

      On the other note, do you really trust other people that much, that if he shouts fire, you run? I would ignore him, or an employee will get him dragged out.

      People are getting arrested for saying "bomb" in an airport at these times, which is clearly over exaggerated. Some people can get nervous at the airport, and therefore they relieve stress by making jokes or talking about it.

      --

      (yes this can be compared with sex)
    45. Re:Logical progression of hate crime/speech laws by quintesse · · Score: 1

      Hahaha, well at least this reply made me smile :-)

      (not so sure you should be glad about that though)

    46. Re:Logical progression of hate crime/speech laws by quintesse · · Score: 1

      What you say is all true and I agree wholeheartedly with the statement that speech, especially things like political opinions, should be protected. It seems that you Americans think that speech isn't protected here at all, but it is! The difference is that we don't see it as an _absolute_ value, lots of people here think there are limits to what you can say. Like in any society, even the USA, there have to be limits to your freedoms because you can't just do everything you bloody well want to. In lots of places in Europe, especially with all that happended with the Holocaust right here on our very doorstep, we think there are things that are just too dangerous too allow. Sometimes when spouting dangerous ideas people will just think you're missing some of your bananas but at other (more difficult?) times people are only too willing to listen. It's obvious that you think the right is absolute, that's fine, I admire you for it, but leave me with my values when I think there should be limits, I'm pretty fed up with Americans thinking they're superiour just because they have "absolute" free speech.

    47. Re:Logical progression of hate crime/speech laws by a_n_d_e_r_s · · Score: 2, Informative


      Because inciting people to kill other people are not allowed in Sweden.

      Gettings someone to kill an specified person or any unspecified person of a certain group is prohibited in Sweden.

      The right to live are more important than the right to free speach in Sweden. Those that misuse the right to free speach to get people murdered and thus impose on others right to live are criminals.

      --
      Just saying it like it are.
    48. Re:Logical progression of hate crime/speech laws by Josef+Meixner · · Score: 1

      Yet it remains a banned book back in Germany

      Sorry, but that is completely wrong. "Mein Kampf" is not banned, you can own it, you can read it. But the copyright of it is in the hands of the state of Bavaria and has been changed to last till eternity. The state of Bavaria refuses to publish an uncommented version of it. But you can get commented versions, e.g. on Amazon.

    49. Re:Logical progression of hate crime/speech laws by Chandon+Seldon · · Score: 1

      Have your free speech, but it stops as soon as you start inciting other people to violence and crimes.

      Unacceptable. If free speech stops when it advocates things that happen to currently be illegal then it stops being useful to promote certain types of political change. And no, there aren't laws that are exempt from being challenged - we may both agree that murder should always stay illegal, but I'm sure you can find a lot of people in Iran that say that premarital sex should always be illegal. It's much better to allow people to advocate for murder than to prevent people from promoting the legality of pre-marital sex.

      We do have to separate out things like coercion by threat of violence. "I'll shoot you if you don't give me your wallet" when you're holding a gun on someone isn't protected speech - it's a mugging. But that sort of thing absolutely must not be stretched in the direction of legitimate political speech or even legitimate expression of facts, opinions, and ideas.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    50. Re:Logical progression of hate crime/speech laws by delt0r · · Score: 1

      the police won't come after you like they do in Europe. WTF? They don't come after you in the EU either. You should cheak you "facts" before you mouth off dribble like that. Dam even the Nazi groups are only fined sometimes, and most think that the nazi groups should be made legal now. As a result they get pretty much left to themselfs, more or less. Of course the genral public are agaist the ideas of these groups and are not affraid to show it, but thats not the same as ilegal.

      The US is not the [only] free country of the world. Wake up.
      --
      If information wants to be free, why does my internet connection cost so much?
    51. Re:Logical progression of hate crime/speech laws by Chandon+Seldon · · Score: 1

      From Wikipedia:

      Reckless endangerment: A person commits the crime of reckless endangerment if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person. "Reckless" conduct is conduct that exhibits a culpable disregard of foreseeable consequences to others from the act or omission involved. The accused need not intentionally cause a resulting harm or know that his conduct is substantially certain to cause that result. The ultimate question is whether, under all the circumstances, the accused's conduct was of that heedless nature that made it actually or imminently dangerous to the rights or safety of others.

      That's pretty clear, and it pretty obviously covers the "yelling FIRE in a crowded theater" case. The key thing is that it causes an "actual or imminent danger" to specific other people - something that saying "every right thinking person should kill all black people they see" on a web site doesn't do.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    52. Re:Logical progression of hate crime/speech laws by thebigbluecheez · · Score: 1

      I don't get it. Can somebody please provide a blog-comments-management analogy for me?

      --
      I like your Macs, but I don't like your Mac users. (with apologies to Gandhi)
    53. Re:Logical progression of hate crime/speech laws by Chandon+Seldon · · Score: 1

      Luckily, we still have the freedom of speech necessary to promote the alteration of those laws. We haven't made much progress on it in the last 40 years in the USA - possibly because those drugs should remain legal, possibly because the construction of our federal government isn't conducive to enabling any sort of democratic change - but with freedom of speech we can continue the discussion and discuss strategies to improve our policies.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    54. Re:Logical progression of hate crime/speech laws by Chandon+Seldon · · Score: 1

      Err... "remain illegal". I apparently am bad at typing.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    55. Re:Logical progression of hate crime/speech laws by Chandon+Seldon · · Score: 1

      The first couple are usually about human life, health, freedom - those kinda things. Americans may think that it is OK to have free speech trump all these, but just because you think so doesn't make it so.

      The founders of the United States thought through the structure they were building quite a bit. The first two amendments to the constitution were a key element - the answer to the question "What if what we've built isn't good enough?"

      I'm not going to try to argue the importance of the second amendment here, but making freedom of speech prominent had an important purpose: It makes it harder to intentionally and harmfully subvert by saying that other things trump it. If human life, for example, trumps the freedom of speech then it's trivial for some highly placed government officials to claim that freedom of speech needs to be suspended "temporarily" to protect human life (even in some vague and indirect manner - like for hate speech laws).

      I guess the key thing here is that the government is made up of people, sometimes they get stuff wrong, and if that can't be discussed it becomes very hard to fix.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    56. Re:Logical progression of hate crime/speech laws by Chandon+Seldon · · Score: 1

      Wait a second... the government is using copyright to prevent the unmodified and accurate reproduction of a historical text?!?

      I had been waiting for an obvious case where copyright was used to distort history and prevent free communication in a politically relevant manner, and there it is.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    57. Re:Logical progression of hate crime/speech laws by Chandon+Seldon · · Score: 1

      Like in any society, even the USA, there have to be limits to your freedoms because you can't just do everything you bloody well want to.

      Starting with that as a premise doesn't promote freedom very much, now does it?

      I much prefer to start with the premise that we *should* have the freedom to do everything that we bloody well want to, and that everything short of that is a grudgingly agreed upon compromise. The philosophical argument between these two positions has gone on for a long time, but if freedom is an important value then it seems reasonable to start with the assumption that it's prefereable for us to be free.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    58. Re:Logical progression of hate crime/speech laws by Chandon+Seldon · · Score: 1

      The right to live are more important than the right to free speach in Sweden. Those that misuse the right to free speach to get people murdered and thus impose on others right to live are criminals.

      Obviously that's what they law is saying, or we wouldn't be having this discussion.

      The question is this: Is that really a good idea? Can you really have freedom when the government can decide what you're allowed to say? Do "hate speech" laws even help, or do they just drive hate speech underground where it can't even be argued against in public discussions?

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    59. Re:Logical progression of hate crime/speech laws by goldspider · · Score: 1

      Perhaps if someone had taken this poster up on his idea and in fact went out and killed a bunch of Palestinians, perhaps you'd have a point.

      However this sounds like your run-of-the-mill troll. He didn't "incite" anyone. His only "crime", as far as I can tell, was to sound exceptionally ignorant.

      And that's just the poster, not the person whose nuts they're trying to put in a sling. Imagine how things would be if, for example, CmdrTaco could be thrown in jail because a troll post advocating the assassination of the president was allowed to remain on Slashdot.

      --
      "Ask not what your country can do for you." --John F. Kennedy
    60. Re:Logical progression of hate crime/speech laws by Josef+Meixner · · Score: 1

      No, it prevents the production of an uncommented text. It is the original text and (I hope, I never read it) you should also be able to tell the text and the comments apart.

      But yes, it is uses the copyright in a special way. If it is for political reasons is a lot harder to say. The original intention was to ban the book completely, but in the 50's some people demanded it to be reproduced again, so people could have access to it, but not reproduced in original, but in a commented way.

      I think, the fear about remaining Nazis was still big enough. It isn't like they just vanished after 45, a lot of the minor ranks and obviously the biggest parts of the supporters were still around. Also quite some of the medium to higher ranks managed to camouflage themselves and so remained back. In the run of 60 years a lot of scandals surfaced, e.g. some of the medical doctors who experimented with the lives of prisoners in the KZ were later important figures in medical associations, a lot of the judges remained and a lot of the rest of the bureaucracy remained. It took literally decades to finally get rid of the brown scum, often scandal after scandal.

      Also the often so called "censorship" is a bit more complicated. It is in Germany not allowed to use the insignia of the Nazi-regime. The exception is in a historical context and that goes quite far. E.g. the Indiana Jones movies were all allowed to remain unchanged as it was deemed historical context, even as it is fully fictional.

    61. Re:Logical progression of hate crime/speech laws by Das+Modell · · Score: 1

      Not the first time something like this has happened in Sweden. In Finland the Ombudsman for Minorities submitted an investigation request to the police because he suspected that a blogger had said something racist and was therefore plotting genocide, nuclear war and the conquest of a small galaxy. I don't think anything came of it, though.

      Thoughtcrime is already a reality, while reality is something that's defined by the elite.

    62. Re:Logical progression of hate crime/speech laws by Goaway · · Score: 1

      Since you won't, I'll look it up in the dictionary for you:

      crime
      n.

            1. An act committed or omitted in violation of a law forbidding or commanding it and for which punishment is imposed upon conviction.
            2. Unlawful activity: statistics relating to violent crime.
            3. A serious offense, especially one in violation of morality.
            4. An unjust, senseless, or disgraceful act or condition: It's a crime to squander our country's natural resources.

    63. Re:Logical progression of hate crime/speech laws by Goaway · · Score: 1

      So it's wrong to yell "fire" because there is a law that covers yelling "fire", but it is OK to call for genocide because there is no law that forbids it?

      There is a law that forbids it in Sweden, though.

    64. Re:Logical progression of hate crime/speech laws by Goaway · · Score: 1

      You did not.

    65. Re:Logical progression of hate crime/speech laws by Breakfast+Pants · · Score: 1

      Copyright would have to be done away with then. What crime underlies copyright infringement that doesn't directly involve speech?

      --

      --

      WHO ATE MY BREAKFAST PANTS?
    66. Re:Logical progression of hate crime/speech laws by Chandon+Seldon · · Score: 1

      it is OK to call for genocide because there is no law that forbids it?

      No. It should be legal to call for genocide because that would be speech that doesn't immediately incite a specific crime.

      The fact of the matter is that there are people who hold political beliefs that include violent action against groups of people they don't like. Preventing them from publicly discussing and promoting those beliefs is bad for two reasons: First, a free society based on political discourse can't function if the majority can silence a minority with laws. It doesn't matter what the minority is promoting or how much you think they're blatantly wrong, because interesting political speech is almost always controversial. Second, if you drive things like hate speech underground people will still talk about it - the public just won't get to hear about it and argue against it.

      The only reason to try to ban political speech is if you disagree with it but don't have a good explanation why it's wrong. Are you saying that you're having trouble explaining why we shouldn't kill all black people?

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    67. Re:Logical progression of hate crime/speech laws by Anonymous Coward · · Score: 0

      "There are countries in Europe that are a thousand years old"

      So ? And during all these years engaged in rape, murder of millions and colonization of half of the world.

      Not to mention the fact that the Europe as you know it today was only possible because of US intervention and protection in the last 60 years.

      What US is doing today is not even close to what Europeans were doing just 60 years ago ... and they are still around.

      So again , what is your point ?

    68. Re:Logical progression of hate crime/speech laws by Anonymous Coward · · Score: 0

      True, Mein Kampf is not banned in any way in Germany. Copyright law is used to prevent full length uncommented editions.
      However, the "unlimited copyright" is bullshit. It will expire in 2015 (author's death + 70) like for every other literary work in Germany.

    69. Re:Logical progression of hate crime/speech laws by The+One+and+Only · · Score: 1

      It seems that you Americans think that speech isn't protected here at all, but it is! The difference is that we don't see it as an _absolute_ value, lots of people here think there are limits to what you can say.

      Who gets to make the exceptions? If you protect the expression of political opinion "with exceptions", then you don't protect the expression of political opinion at all. First off, opinions that are popular with whoever makes the laws don't need to be protected. Even under feudalism, there is nothing stopping you from saying "The King is awesome!". Once you start making exceptions--well, everything that falls into society's "taboo hole" also becomes illegal. As time goes on, who knows what those exceptions will become? All "free speech with exceptions" accomplishes is simply upholding the status quo.

      As I mentioned in another thread, America was devastated by a war, too. The southern states decided they wanted to maintain slavery, and that the federal government had no legal right to interfere in a state's internal affairs. They even decided that they had the legal right to secede from the United States. This, of course, led to the bloodiest war in American history. Yet incredibly, after that happened, no one thought we should ban people from saying things like, "slavery is okay", "states' rights are more important than federal power", or even, "we should secede from the Union". And, 140 years later, despite lots of people (although a diminishing number) running around saying these things, or openly sympathizing with the seceding states, the Civil War hasn't happened again.

      We're gonna keep thinking we're superior because we actually have free speech. You can keep thinking you're superior because you don't start wars for no good reason, though, and at least this American will hang his head in shame in response to that and admit that there are some things that other countries are better at.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    70. Re:Logical progression of hate crime/speech laws by Suriken · · Score: 1

      property rights - as set out theories of individual property rights on a whole. Many (historical) societies do not accept, or do not have a notion of such personal property rights. (Property is instead "common" - although different from the feudal concept of "the commons")

      So thus you base your theories on ill-defined and non-universal concepts only as you see them. Again you base your theories on naturalism, but decide to call it "property rights"

      Oh, and the roads are not essentially "stolen" in any sense. Being a public good, a road (a civil road, anyway) is non-excludable - and all legal citizens have rightful access.

      --
      My Mommy says smoking kills. Oh, is your Mommy a doctor? No. A scientific researcher of some kind? No. Well then sh
    71. Re:Logical progression of hate crime/speech laws by Arthur+B. · · Score: 1

      You seem to be making a few confusions here. First of all, just because a right is not recognized doesn't mean it doesn't exist. Obviously, the fact that a murderer doesn't recognize your right to live doesn't mean you don't have that right. Similarly, should millions of people refuse to recognize your right to live, it doesn't mean you don't have that right. If a culture or society doesn't recognize property rights, it doesn't make them any less universal. Second, community sharing of goods is not a contradiction of individual property rights, the rights to the fruits of one's labor are simply voluntarily distributed to the community. Third, "natural rights" does not mean that these rights occur in nature but that they are defined and discovered *from the nature of man*.

      The road was built with the proceeds of theft. It is forcefully occupied land combined with stolen goods.

      --
      \u262D = \u5350
    72. Re:Logical progression of hate crime/speech laws by Arthur+B. · · Score: 1

      Alright then, I hereby create a law that makes it a crime to breath. Since a crime is "An act committed or omitted in violation of a law" then breathing is now a crime.

      --
      \u262D = \u5350
    73. Re:Logical progression of hate crime/speech laws by Suriken · · Score: 1
      Read up on John Locke's definition of property rights. The property rights you base your comments on are limited to naturalist legal theory, which defines properry rights as individual (according to John Locke, as man's labour imbues that individual right to said property) But if you delve deeper into this, you find that individual property rights are a western (I use the term loosely) ideal, that is not always recognised in many societies. Indeed, the Maori tribes of NZ had no concept of individual ownership, rather they had a responsibility to the land as a whole people, in order for it to be maintained. The concept that an individual could own - for example, land - was completely alien to them. (And this is partly what was the trouble with the british colonisation of NZ, with the different language versions of Treaties)

      Your belief in (or definition of) "rights" as such are again a naturalist presupposition of the universalist nature of all humans (as you say, "the nature of man")

      So, no I am not making confusions, I am merely saying that your ideas here are not the only acceptable definitions (don't get me wrong, it's not that they aren't acceptable) - there are other ways to define such things as law, rights, crime, property etc.

      --
      My Mommy says smoking kills. Oh, is your Mommy a doctor? No. A scientific researcher of some kind? No. Well then sh
    74. Re:Logical progression of hate crime/speech laws by Goaway · · Score: 1

      Unfortunately, you do not have the authority to create a law. If you had - say, if you were some kind of ancient king - you would be right, however.

    75. Re:Logical progression of hate crime/speech laws by Goaway · · Score: 1

      My poltical belief is that this theatre is on fire. Therefore, I will yell "FIRE!" to make people aware of it. Why is my political belief not worth protecting, while the political belief that all niggers need to die is?

    76. Re:Logical progression of hate crime/speech laws by Chandon+Seldon · · Score: 1

      I'm not sure how the theater being on fire could have anything to do with politics. Race is a very politically charged topic, objectively incorrect beliefs about simple and easily verifiable facts like whether or not a theater is on fire really aren't related to politics at all.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    77. Re:Logical progression of hate crime/speech laws by quintesse · · Score: 1

      Hmm I sorta understand what you're getting at, but do you really have to "grudgingly agree" not to rob anyone at gunpoint? Or to not make fotos of young children to sell them on the web? On the other hand you just _know_ that if you don't set those limits very clearly people will do exactly that (more so that they already do, I mean).

      I guess I'm getting too old and too cynical to believe that we can all just get along without setting explicit limits on the things we can and cannot do. I do realize that those limits might depend a lot on culture and circumstances.

    78. Re:Logical progression of hate crime/speech laws by quintesse · · Score: 1

      Who makes those exceptions? Well, like we do with anything in a democracy: we do. And those exceptions are not just an arbitrary list of things you can and cannot do that any politician can change at his whim. Normally it's something that is set in the constitution of that particular country. But of course we're talking about rules that we're set before the internet age when the link between author and publisher was very direct and they're having difficulties dragging those rules into the new age.

      And what you say about the war, you're right that there wasn't ever a second civil war, but I'm not sure you'll ever be able to prove that free speech had anything to do with that. I could just as well point out that the position of blacks in the States is still far from ideal and maybe that's exactly because too many people are allowed to say whatever they like about them. Yeah I know, I'll never convince you of that the same way you'll never convince me that there can't be any effect.

      I can only say that neither of us seem to be doing very badly so maybe there is something to be said about both our systems ;-)

      PS: Coming from a country that helped you in Irak, however slightly, I can't claim any superiority here. Let's just blame it on the damn politicians.

    79. Re:Logical progression of hate crime/speech laws by Arthur+B. · · Score: 1

      Once again the fact that a right is not recognized does not mean it doesn't exist. If the Maori did not wish to own land, it doesn't mean they couldn't legitimately do so.

      --
      \u262D = \u5350
    80. Re:Logical progression of hate crime/speech laws by Arthur+B. · · Score: 1

      By which law do you gain authority to create laws ?

      --
      \u262D = \u5350
    81. Re:Logical progression of hate crime/speech laws by Goaway · · Score: 1

      Well, how do you define what is and what isn't a political topic? Lots of people consider things that are "objectively incorrect beliefs about simple and easily verifiable facts" to be political.

    82. Re:Logical progression of hate crime/speech laws by Goaway · · Score: 1

      By having the power to enforce it.

    83. Re:Logical progression of hate crime/speech laws by Chandon+Seldon · · Score: 1

      Well, how do you define what is and what isn't a political topic? Lots of people consider things that are "objectively incorrect beliefs about simple and easily verifiable facts" to be political.

      You're right. That's a hard question. Personally, I don't think that "political speech" should be the relevant qualifier - all speech should be allowed, and the question should be about which specific cases of malicious speech (i.e. fraud, orders to commit an immediate and specific crime, etc) leave the speaker with some liability. Under that model, yelling FIRE in a crowded theater is perfectly legal - but a judge can later decide that the yeller is liable for any damage caused in any panic that results.

      Wherever you try to draw the line on allowed speech, there will be some edge cases to argue about - getting the line in the right place is an utter mess, and given the way politics and laws work I don't think there's any way to get it right. Freedom of speech is important enough that it's better not to give legislators the chance to screw it up at all.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    84. Re:Logical progression of hate crime/speech laws by Goaway · · Score: 1

      And that was pretty much where I was trying to steer the discussion. There is no right place to draw the line. Criticizing others for drawing it elsewhere than you based on some principle of objective truth is never going to get you anywhere. It is not a simple matter and it can not be argued in simple terms. It is trade-offs piled on trade-offs.

      Now, for the record, I agree that simple promotion of genocide should not be illegal, for the reason that forbidding something gives it strength in the eyes of those who already disagree with you. You show fear and weakness by banning discussion. But I can just as well argue the opposite case just to make a point.

      PS: Your liability model does not really work either, because you end up with all kinds of cases like where your speech has unintended consequences.

    85. Re:Logical progression of hate crime/speech laws by Suriken · · Score: 1

      You think rights are something imbued by some higher authority?
      A right is nothing but a construct of man. Without recognition of that right by SOMEbody, there is no concept of that right (or rights in general) at all.
      Thus the only reason the Maori land rights are under discussion is because there are those who recognise that such rights could exist. Furthermore, they recognise that there is such a thing as rights in the first place. Rights are subjective as they are man-made and subject to naught but the philosophical and theoretical discussion of man.

      --
      My Mommy says smoking kills. Oh, is your Mommy a doctor? No. A scientific researcher of some kind? No. Well then sh
    86. Re:Logical progression of hate crime/speech laws by Arthur+B. · · Score: 1

      So a crime is only a crime if you get caught ?

      --
      \u262D = \u5350
    87. Re:Logical progression of hate crime/speech laws by Arthur+B. · · Score: 1

      Since rights are just subjective, then there is nothing objectively wrong in me punching you in the face, smashing your teeth on your desk and stealing your computer I guess.

      --
      \u262D = \u5350
    88. Re:Logical progression of hate crime/speech laws by Suriken · · Score: 1

      Well, no. But I'm sure some people won't be very happy.
      That's the difference between theory and reality.

      --
      My Mommy says smoking kills. Oh, is your Mommy a doctor? No. A scientific researcher of some kind? No. Well then sh
    89. Re:Logical progression of hate crime/speech laws by Arthur+B. · · Score: 1

      If your theory doesn't fit reality then your theory is wrong.
      An ethic of rights cannot allow theft for example, it would require that, to live ethically, men surrender the product of their labor to anyone who simply takes it which is incompatible with human life. If rights can't be followed then they cannot be rights.

      --
      \u262D = \u5350
    90. Re:Logical progression of hate crime/speech laws by Suriken · · Score: 1

      I didn't say the theory didn't fit. I just said that some people (in particular, myself) would not be happy in said situation.
      Also you forget that, as I said before, the rights are validated through widespread recognition and acceptance. (though still subjective in nature, for recognition just a mental assent by the individual - HLA Hart's Rule of Recognition as opposed to Kelsen's Basic Norms)
      So in your hypothetical situation, it would be against certain "rights" as recognised by others. But not by some metaphysical construct such as your previously-mentioned "nature of man"

      --
      My Mommy says smoking kills. Oh, is your Mommy a doctor? No. A scientific researcher of some kind? No. Well then sh
    91. Re:Logical progression of hate crime/speech laws by Goaway · · Score: 1

      No, it's a crime if it is against the law. This isn't hard to understand unless you are being intentionally daft.

    92. Re:Logical progression of hate crime/speech laws by Arthur+B. · · Score: 1

      So you would resent me not because I stole from you but because a bunch of other people I don't know and you don't know recognize your rights to own your computer ? Ethics don't have to be metaphysical to be objective, I do not believe in any transcendental rights or ethic. I just hold that there can be only one rational, consistent (non-contradictory) ethic. I don't pretend to know it either, but parts of it are easy to discover.

      --
      \u262D = \u5350
    93. Re:Logical progression of hate crime/speech laws by Arthur+B. · · Score: 1

      You claim that

      a) a law can only be declared by an authority
      b) an authority is someone who can enforce the law
      c) a crime is any act against the law

      therefore, if you do not get caught, then it means the authority was unable to enforce the law, thus it is no an authority and thus it is not a law, so you've committed no crime. It's your own logic trap, deal with it.

      --
      \u262D = \u5350
    94. Re:Logical progression of hate crime/speech laws by Goaway · · Score: 1

      Oh boy, wannabe-philosopher semantic arguments. My favourite past-time.

      Do grow up, and learn how to argue like an adult, please.

    95. Re:Logical progression of hate crime/speech laws by Chandon+Seldon · · Score: 1

      but do you really have to "grudgingly agree" not to rob anyone at gunpoint? Or to not make fotos of young children to sell them on the web?

      Those are good examples, because exactly which activities we're going to restrict to prevent those problems is a matter of continuing debate. Obviously robbing people is bad, but banning guns is much less obvious. Obviously abusing children is bad, but banning the sale of all pornography on the internet will get you some opposition. You'll be more likely to get different results depending how the debate is framed. ("Why should the government be able to interfere with your right to play with model rockets?" vs "Why should the government allow you to play with dangerous model rockets?")

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    96. Re:Logical progression of hate crime/speech laws by Arthur+B. · · Score: 1

      You are the one who raised a semantic argument in the first place. I can't argue properly if you're inconsistent.

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      \u262D = \u5350
    97. Re:Logical progression of hate crime/speech laws by Goaway · · Score: 1

      What, when I suggested you use words in the same manner as the rest of the English-speaking world? That's hardly a semantic argument. A semantic argument is when you base your argument on literal readings of words instead of on the intended meaning. Such as assuming "enforce" means to enforce punishment every single infraction against the law, when that was obviously not what was meant.

    98. Re:Logical progression of hate crime/speech laws by Arthur+B. · · Score: 1

      A mobster can enforce some laws he makes up in his neighborhood, does that make the shopkeepers who do not pay protection to him "criminals" ?

      --
      \u262D = \u5350
    99. Re:Logical progression of hate crime/speech laws by Goaway · · Score: 1

      Laws are singular, and can only co-exist when they explicitly state that they can. Needless to say, there are always grey areas - countries under invasion, for instance. Your example barely registers on the grey-area meter, though, as the gangster hardly has the power to challenge the prevailing law which clearly outlaws him.

      Once again, what is so difficult about this? Schoolkids should be able to grasp it.

    100. Re:Logical progression of hate crime/speech laws by Suriken · · Score: 1

      Sure, one individual can have a rational consistent, non-contradictory ethic. But the fact that you hold that such ethic can be universally consistent and non-contradictory is a utopianist dream. Is it not true that many peoples own ethics vary, even within confined demographics? People will generally take criminals, politicians, lawyers as examples of shaky ethics (/morals) But just because these individuals may have ethics varied from your own does not denegrate their substance, also as ethics.
      For ethics to be objective, they need a solid point of reference, be that a codified law of ethics, a religious text such as the bible, or the assent of the populace to the ethical opinions of an individual.
      And you say that parts of it are easy to discover - sure, there are situations where ethical decisions are generally black and white. But the majority is grey decisions, where the ethics of one or the rights of one individual encroach upon the ethics or rights of another. Then there is the question of whose ethics or rights do you follow? A rational, consistent (non-contradictory) ethic as you tell it is rather dreamy.
      When do the rights of the State (in fulfilling it's responsibilities) take precedence over the rights of the individual? For example detainment without trial of suspected terrorists or enemy combatants? The usage (abuse as some may say?) of the U.S. Patriot Act, and similar legislation in other countries. (Believe me, the U.S. aren't the first ones to do it - The Magna Carta and Bill of Rights for example tried to remedy such abuses by the State/Executive)

      --
      My Mommy says smoking kills. Oh, is your Mommy a doctor? No. A scientific researcher of some kind? No. Well then sh
    101. Re:Logical progression of hate crime/speech laws by Arthur+B. · · Score: 1

      On the contrary, school kids would certainly not hold your positivist viewpoint. To you, a criminal is merely someone who has acted against the will of someone strong enough to enforce his preference. You completely fail to comprehend that "criminal" carries a strong ethics of right connotation. Being a criminal is about infringing on someone's right, not just any random, relative, absurd code of any sort set by some thug. Being an outlaw doesn't make you a criminal.

      --
      \u262D = \u5350
    102. Re:Logical progression of hate crime/speech laws by Arthur+B. · · Score: 1

      While morality which is often based on cultural values vary, people's ethic of rights (which is different from morality, it defines the set of acts that can legitimately be opposed to with force) vary much much less than you seem to imply. Ethic of rights are objective and their solid point of reference is man's nature.

      I look at the definition of rights as a fractal boundary. It's very easy to see on which side most points lie, yet it's also very easy to create points close enough to the border so that much research is needed to know where they lie. This difficulty means that our knowledge of right can be greyish, not that rights themselves are.

      To answer your question, the State has no right whatsoever, individuals have rights, not abstract entities. As for statesmen they have no more rights other than the natural rights of any individual and the rights that have been willingly transferred to them. Since generally they just take rights, skipping the willingness part, they *should* be considered and treated as criminals.

      --
      \u262D = \u5350
    103. Re:Logical progression of hate crime/speech laws by Suriken · · Score: 1

      Righto I see what you mean now. But I still do not agree that man's nature can be used as a solid point of reference, due to the varied nature of individuals. (Which brings to question, what defines the nature of man - is it an intrinsic part of him from the get-go? (e.g. via DNA?) Or does man define himself in his upbringing, through the influence of society, peers, family, upbringing, and individual experience?)

      And as for the statesman, and the State - rights are usually transferred to the State in the belief (or pretense?) of it as an amoral entity capable of deciding and outworking those rights in an equitable manner. The statesman works for the State in that he represents the State in his (official) actions, and holds said rights only as an instrument (a part?) of the abstract entity, and of his official position. Not as an individual in his own [right].

      --
      My Mommy says smoking kills. Oh, is your Mommy a doctor? No. A scientific researcher of some kind? No. Well then sh
    104. Re:Logical progression of hate crime/speech laws by Arthur+B. · · Score: 1

      Individuals do vary, and it has been argued many times in history that different kind of men should get different rights. Segregation is an example of such a belief. However, the characteristic of man that are relevant to the definition of rights (we need to use natural resources to live for example, no ethic of rights can be consistent in preventing us to use natural resources) do not vary.

      Our individuality is shaped by internal and external factors, you mention family and individual experience for example, but this is *culture* while we are concerned with man's *nature*, which by definition is not influenced by these factors, it is the common characteristic of man once these factors have been removed.

      As for the state, it is perfectly legitimate to transfer your rights to a statesman, but of course you can only transfer the rights you have. I have no rights over the life of my neighbor for example, so I cannot give a statesman the right to kill him. Similarly, 51% (or 99%) percent of voters cannot legitimately give him the right to do so.

      Since one cannot give to a statesman rights he does not hold, it follows than the statesman cannot possibly have these rights. Should he act as if he did, he'd be a criminal, much like I'd be a thief if I took your computer arguing that my friends granted me the right to do so.

      --
      \u262D = \u5350
    105. Re:Logical progression of hate crime/speech laws by Goaway · · Score: 1

      Being a criminal is about infringing on someone's right,

      Once again, the dictionary disagrees with you. I am not going to bother trying to refute you if you can't even get the basic meaning of words right.

  4. but ... by eneville · · Score: 0, Redundant

    I thought the responsibility for the material always fell on the owner of the premisses where the data/site is provided from. Have things changed, is there now some responsibility on the 'login' owner to keep things clean?

    1. Re:but ... by Anonymous Coward · · Score: 2, Funny

      No, it's still the same, but they've introduced these new things called "countries that aren't the US and have different laws". Some other things you may come across in these "non-US countries" include people who speak funny, people who have never heard of Oprah and people with national health coverage...

    2. Re:but ... by Anonymous Coward · · Score: 0

      you almost had me there... I believed you until you tried to claim there are peoplke in the world who have never heard of Oprah

  5. It's hard to run a blog in Sweden... by doombringerltx · · Score: 4, Insightful

    but trolling one couldn't be easier

    1. Re:It's hard to run a blog in Sweden... by Anonymous Coward · · Score: 0

      Trolls in Scandinavia? Well, it is their native land.

    2. Re:It's hard to run a blog in Sweden... by Hal_Porter · · Score: 1



      This is the story of a land far away. A land of cold and GSM. In modern Scandinavia the Trolls were petty and cruel and they plagued to blogosphere with tyranny. Only one man dared to challenge their power. BEOWULF! Beowulf possesed a strength the world had never seen, and strength surpassed only by the power of his heart. He ourneyed the earth, battling the minions of his wicked enemy GRENDEL. But wherever there was evil, wherever an innocent would suffer there would be Beowulf.

      Beowulf the Legendary Journeys (from the producers of "Hercules" and "Xena")

      Caption: Starring Kevin Sorbo as Hercules
      Caption: Special Guest Stars: Kevin Smith as Grendel, Lucy Lawless as Grendel's mother

      </voice over>

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  6. In Sweden... by orzetto · · Score: 1

    ...the opposition censors the government!!

    --
    Victims of 9/11: <3000. Traffic in the US: >30,000/y
    1. Re:In Sweden... by Anonymous Coward · · Score: 0

      Oh, that's not the opposition...

    2. Re:In Sweden... by rapazza · · Score: 1

      The goverment tried to censor itself but forgot to delete a blog comment

  7. and the problem is? by Serapth · · Score: 3, Insightful

    I don't get what the problem is? Genocide of the Palestinians would be a valid answer.

    Not a very good one mind you, but it would be effective.


    I kid. I kid.

    All countries go through stuff like this because laws arent fast enough to keep up with technology. Or, the people creating laws don't understand the technology. Happened before and will happen again, in every country around the globe.

    1. Re:and the problem is? by morgan_greywolf · · Score: 1

      I don't get what the problem is? Genocide of the Palestinians would be a valid answer.

      Not a very good one mind you, but it would be effective.


      Better yet, genocide of the Palestinians and the Israelis. Might as well be equal opportunity about it.
    2. Re:and the problem is? by moderatorrater · · Score: 1

      To be honest, I wonder if all laws are destined to be behind technology by a generation. My guess is that in twenty years, when you have a whole generation of people who grew up ripping CDs and trading them over the internet, laws governing copyright will be banned and the RIAA will be much more powerless. In twenty years net neutrality debates will be a thing of the past because people who actually understand the internet will be old enough to realize the difference between metering by packet types and meter by packet origin. There are a lot of issues that are further muddied by the fact that the average age of Congress is over 50. Working under the assumption (and I know a lot of you will disagree, but I think it's a good one) that these laws will be straightened out and sent right, I believe it will take an average of 15 years for technology to have the legal atmosphere it deserves.

    3. Re:and the problem is? by Dragonshed · · Score: 1

      Mod +1 Horrible Joke

    4. Re:and the problem is? by moderatorrater · · Score: 1, Insightful

      Better yet, genocide of the Palestinians and the Israelis. Might as well be equal opportunity about it. While we're at it, jail time for the rapist and the victim. Fighting back is assault, right?
    5. Re:and the problem is? by Anonymous Coward · · Score: 0

      Meh, life is a sexually transmitted disease with no known cure and that is always fatal. I recommend genocide of the whole human race to get rid of it this horrible plague.

    6. Re:and the problem is? by morgan_greywolf · · Score: 1

      Oh, so the Israelis are the victim? Completely blamelss, eh?

      I can see you're not a parent.

      When you got two kids fighting, most of the time both of them did something wrong.

      That being said, my post was a joke. Chill out.

    7. Re:and the problem is? by veganboyjosh · · Score: 1

      Interesting idea, that laws/etc are a generation behind technology. I wonder if this applies outside/before the world of computers. Are there any laws/regulations which were done away with due to technology 100 years ago? 200?

    8. Re:and the problem is? by stoolpigeon · · Score: 1

      it's interesting that you assume it that way - i thought they meant it the other way round.

      --
      It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
    9. Re:and the problem is? by aminorex · · Score: 2, Insightful

      It's odd that advocating the status quo should be considered hate speech, don't you think?

      --
      -I like my women like I like my tea: green-
    10. Re:and the problem is? by Anonymous Coward · · Score: 0

      i think genocide is a good idea in this case. these bunch of faggot cowards need to go. hopefully the hard way.

    11. Re:and the problem is? by Anonymous Coward · · Score: 0

      If a law can't adapt to changing circumstances it's almost always because it's a bad law. Look at the US Bill of Rights: It's over 200 years old and everything in it is as valid as it was the day it was ratified. You say net neutrality, well, think about it: The only reason we need net neutrality is because the government has idiotically created a broadband duopoly. If there was sufficient competition that anyone could find a provider who respects net neutrality principles then legislation would be unnecessary.

    12. Re:and the problem is? by Domo+Arigato · · Score: 1

      most people do, whether they admit it or not. it's just that ardent zionists are so blazé about it, knowing the likelyhood of their being prosecuted for advocating genocide is nil. at least in my country (canada...where hate speech is a crime, so long as it's against jews. if it's done repeatedly by our national media towards muslims, it's "informed opinion" and "responsible journalism"...i.e. brainwashing) e.g. Ignatief was the subject of a smear campaign by the zionist press and faction of the liberal party after he called (the simple truth) carpet bombing of civilians and firing missiles for collective punishment in Lebanon, a war crime. not only that, but the National Post routinely publishes anti-Iranian warmongering propaganda such as the (fake) report that iranian jews were being forced to wear holocaust-style yellow ribbons to mark them clearly. if that's not hate speech, if that's not worthy of banishment, concerted, directed efforts to manufacture racist war hysteria, then I don't know what is. let's either strike those laws out, or apply them evenly. methinks outlawing hate speech (in one direction only, in practice) whilst financing aggressive wars is like screwing on the top to a boiling kettle...eventually it will burst. e.g. at my office, run and owned by jews, it is disgusting how often I hear blatant anti-arab racism and blanket prejudice, not to mention malice and malevolence. mentioning with glee how they are pleased with the gazan "civil war" the israelis and the Us concocted, by subverting a democratically elected government from taking power. The premise is, as usual, the refusal to abandon "terror" (hah, coming from f-16 flyby, missile shooting, door-breaking-in-in-the-middle-of-the-night, torture-you-and-your-relatives in their dungeons, gangster thugs) it's really sick. most people are afraid to even admit their true feelings, so conditioned they are to only see "jews" as perennial victims, who are implementing their racial supremacist colony every day, and bulldozing more and more homes. I say, hell yeah, censor all the zionists...then they lose their financing...i.e. our (north american's, britons', germans') tax dollars.

    13. Re:and the problem is? by The+One+and+Only · · Score: 1

      Now that's just wasteful. You only need to exterminate one group in order to solve the problem. You think I'm joking but historically, that's how many wars end--one group exterminates the other, and there's no more war. Of course, there's always another group out there, and if you really like war, you can go and fight them too.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    14. Re:and the problem is? by Anonymous Coward · · Score: 0

      All countries go through stuff like this because laws arent fast enough to keep up with technology. Or, the people creating laws don't understand the technology. Happened before and will happen again, in every country around the globe.
      You mean just like all those other countries that receive financial aid from the international community, but then blow it on more death and destruction? The Palestinians elected Hamas and built a shrine in honor of Yasser Arafat. The Palestinians have chosen a culture of death.

      I don't get what the problem is? Genocide of the Palestinians would be a valid answer.
      You may be kidding, but Arafat was not kidding when he advocated the equivalent against the nation of Israel. They deserve better, but surely not at the expense of Israel! The Palestinians will never know peace as long as they continue to nurture a culture of death. They can start by rejecting their inner terrorists and taking responsibility for their situation.
  8. Send Him... by morari · · Score: 1

    To the Star Chamber!

    --
    "He who can destroy a thing, controls a thing." --Paul Atreides, Dune
  9. Put it in perspective. by Xoltri · · Score: 4, Insightful

    Would the owner of an apartment building be liable if someone posted a similar message on a bulletin board along side all of the for sale ads from other tenants?

    --
    -Xoltri
    1. Re:Put it in perspective. by RingDev · · Score: 1

      No, in this case the issue is with a law specifically dealing with the internet.

      -Rick

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    2. Re:Put it in perspective. by Xoltri · · Score: 2, Insightful

      And that's why it is stupid. Does it matter if the bulletin board is electronic or cork and push pins? No.

      --
      -Xoltri
    3. Re:Put it in perspective. by suffe · · Score: 1

      He might very well be if he lets it sit there for a long time, de facto publishing it. I'm not saying the law is right, I'm just pointing out the flaw in your example.

      --

      Karma: 2.71828182846 (Mostly due to small, fun pills)
  10. Yowza. by capologist · · Score: 4, Insightful

    I don't know anything about Swedish law (except that Pirate Bay seems to get away with anything they want), but if the blog host is making reasonable good faith efforts to remove inappropriate comments and missed one, it seems morally reprehensible to hold him responsible.

    1. Re:Yowza. by KokorHekkus · · Score: 2, Informative

      ...if the blog host is making reasonable good faith efforts to remove inappropriate comments and missed one, it seems morally reprehensible to hold him responsible.
      Bingo. And he's not being held responsible... the problem is that the law rather untried at this point in time so the prosecutor needs to make a preliminäry investigation (in Swedish "förundersökning"). So pretty much: new law, more vigilance with the preliminary investigations until the legal situation has gelled a bit... which it does pretty fast since Sweden is Civil Law system where precedents carry much less weight than an Common Law systems because the more extended codification process in Civil Law.

      And I just wanted to point out that being a prosecutor in Sweden is not an elected official but a civil servant. (Not much lawyers in politics in Sweden actually)
    2. Re:Yowza. by The+One+and+Only · · Score: 1

      I wonder what would happen if someone used Pirate Bay to distribute a pirated PDF of white supremacist literature...

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    3. Re:Yowza. by suffe · · Score: 1

      And I just wanted to point out that being a prosecutor in Sweden is not an elected official but a civil servant. (Not much lawyers in politics in Sweden actually)


      But plenty of high school drop-outs that preferred to play soccer instead of study, or temporary expatriates that felt a store bought degree would look nifty.
      --

      Karma: 2.71828182846 (Mostly due to small, fun pills)
    4. Re:Yowza. by tehcyder · · Score: 1

      I don't know anything about Swedish law
      No no, it's "IANASL". Then you spout off on a subject you know absolutely nothing about.
      --
      To have a right to do a thing is not at all the same as to be right in doing it
  11. oblig. by Rob+T+Firefly · · Score: 5, Funny

    A Møøse once blogged my sister.

    1. Re:oblig. by bobcat7677 · · Score: 3, Funny

      No realli! She was Karving her initials on the bløg with the sharpened end of an interspace tøøthbrush given her by Svenge - her brother-in-law - an Oslo dentist and star of many Norwegian møvies: "The Høt Hands of an Oslo Dentist", "Fillings of Passion", "The Huge Mølars of Horst Nordfink".

  12. midsommar by stoolpigeon · · Score: 3, Funny

    they need to chill out, hop around a pole like frogs and knock back a bunch of liquor - have a few brawls and then everybody can love each other again.

    --
    It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
    1. Re:midsommar by ja · · Score: 1
      --

      send + more == money? ...
  13. Tough cookies by Burz · · Score: 1, Troll

    Incitement to violence isn't protected speech anywhere, and bloggers have to police their comment areas for such comments (or else leave yourself in the position of promulgating them).

    It's too easy to cop-out with "oh someone else posted that comment" if one's intent is to spread violence. If the blogger left the comment there for a significant period of time, then he is probably guilty. And if the comments were too much for him to police himself, then he should have hired someone or limited the number of comments.

    1. Re:Tough cookies by stoolpigeon · · Score: 2, Interesting

      you can't legislate intent - you can only legislate action. i know, people try but they are stupid. but even so - this blog post is not going to incite violence - period. there aren't a bunch of swedes waiting to hop on the next boat to the middle east to start shooting palestinians. it's ridiculous to say that there is any real damage done here.

      --
      It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
    2. Re:Tough cookies by drinkypoo · · Score: 3, Insightful

      It's too easy to cop-out with "oh someone else posted that comment" if one's intent is to spread violence. If the blogger left the comment there for a significant period of time, then he is probably guilty. And if the comments were too much for him to police himself, then he should have hired someone or limited the number of comments.

      I simply don't monitor comments on my website (some other types of content besides blog posts permit them, or I would have said "blog") and frankly I think that is the way to go. Because if you remove some comments, you can be stuck removing other comments... but then, this is the US. I still reserve the right to remove whatever I like, of course, and if something is illegal or just nasty and I notice it then I remove it. But if I had a policy of policing then I would have to follow that policy.

      Sorry to hear it's different in Sweden, I would run my blog out of a less oppressive country (in terms of freedom of speech, that is.)

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:Tough cookies by Burz · · Score: 1

      I simply don't monitor comments on my website (some other types of content besides blog posts permit them, or I would have said "blog") and frankly I think that is the way to go. Because if you remove some comments, you can be stuck removing other comments... but then, this is the US. I still reserve the right to remove whatever I like, of course, and if something is illegal or just nasty and I notice it then I remove it. But if I had a policy of policing then I would have to follow that policy.


      If you provide some of the content on your site (the blog entries and misc. comments) then you may be responsible for the other comments posted there if they are violent, even here in the USA.
    4. Re:Tough cookies by Burz · · Score: 1

      That's a main point in my GP post: The intent doesn't even matter because using the comments area as loophole to publish violent rhetoric could be a part of someone's M.O. And accidentally spreading the rhetoric is negligent anyway.

    5. Re:Tough cookies by Hatta · · Score: 3, Insightful

      Incitement to violence isn't protected speech anywhere

      If you are not allowed to advocate the overthrow of your government, your free speech is exactly worthless.

      --
      Give me Classic Slashdot or give me death!
    6. Re:Tough cookies by stoolpigeon · · Score: 1

      what is violent rhetoric? i would say it is rhetoric that has caused violence. these kinds of posts don't cause violence.

      --
      It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
    7. Re:Tough cookies by Shihar · · Score: 1

      Incitement to violence isn't protected speech anywhere, and bloggers have to police their comment areas for such comments (or else leave yourself in the position of promulgating them). That actually is not true. For all of its faults, the US has extremely strong free speech protections and you basically have to be convicted of conspiracy before your speech can get you in trouble. I can merrily call for all the Jews, Palestinians, Blacks, Whites, anyone to go die without even the slightest worry of legal recourse. On the other hand, if I had a stockpile of weapons in my basement, armed some crazy neo-nazis, loaded the weapons, and drew up a plan to go kill some Jews, then I would actually be in trouble. Though, the charge would conspiracy to commit murder, not any sort of anti-hate speech transgression. You basically need to be making a good faith effort to be looking to harm someone before the authorities can actually act.

      The result is that hate groups are relatively free to gather and talk about whatever it is that gets their twisted little minds off so long as they are not actively planning to go harm someone. While this isn't exactly a good thing, the protection cuts both ways. There is not a slim chance in hell you could ever get in trouble because someone posted that they want to kill all the Palestinians in your blog. Hell, you could make the post and have no worries about legal troubles.

      Personally, I don't believe hate speech crimes do anything productive other then suck the occasional innocent bystander. I love Europe, but when I look at the US and most of Europe, I see very little practical difference in the levels of racism. I doubt many people have given up racist views just because it is illegal to speak them. If anything, the illegality of it helps feed and insulate a subculture instead of exterminating it.
    8. Re:Tough cookies by Shihar · · Score: 1

      No, that really is not true at all. You can call for the murder of all Palestinians, Jews, French, Canadians, whoever, and not only do you not need to censor it, but it isn't even illegal. In order to get in trouble for your speech in the US, you need to be committing conspiracy to commit murder. You can get in trouble for conspiracy (i.e. you need to be taking active steps to commit a crime), but that is about it. There are lots of things to dislike about US laws, but US protection of free speech is not one of them.

    9. Re:Tough cookies by corbettw · · Score: 2, Funny

      these kinds of posts don't cause violence.

      Fuck you! I'll kill you!

      --
      God invented whiskey so the Irish would not rule the world.
    10. Re:Tough cookies by stoolpigeon · · Score: 1

      exactly - not the first time, or probably the last i've had stuff like this posted here - and it's meaningless drivel. saying words is not violence.
       
      i'm not saying speach can't be a component of violent behavior, but that is why we have brains to sort it out. just saying something ought to be done is not enough, there has to be a real threat. you are no real threat to me - whoever posted on that blog in sweden is no threat to palestinians.

      --
      It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
    11. Re:Tough cookies by DerangedAlchemist · · Score: 1

      It's too easy to cop-out with "oh someone else posted that comment" if one's intent is to spread violence.

      Guilty until proven innocent?

    12. Re:Tough cookies by Cairnarvon · · Score: 1

      "you can't legislate intent - you can only legislate action."

      Then why is there a difference between murder and manslaughter, and an extra level for premeditated murder?
      I agree that this case is ridiculous, and I have full confidence the courts will throw it out (hopefully along with the Act on Responsibility for Electronic Bulletin Boards), but that's just bullshit.

    13. Re:Tough cookies by Burz · · Score: 1

      Its speech that calls for violence.

    14. Re:Tough cookies by stoolpigeon · · Score: 1

      I'd be opposed to banning that unless it could be connected directly to more than just talk. I don't think the speech alone is enough to take action against someone. And sometimes, calling for violence is the right thing to do.

      --
      It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
    15. Re:Tough cookies by Ravnen · · Score: 2, Insightful
      I am no expert on US law, but in Brandenburg v Ohio, the US Supreme Court stated:

      Freedoms of speech and press do not permit a State to forbid advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.
      It certainly looks to me like this supports the view that incitement to illegal activity is itself illegal under US law. There is a requirement of imminence, so posting on a website probably wouldn't count, but if you're standing in front of a crowd, inciting them to kill someone, or commit some other illegal act, this opinion suggests to me that you could be prosecuted for your speech.

      With respect to Europe, there are vast differences in free speech rights from one country to the next, with Germany for example being one of the more restrictive countries, for historical reasons. You can't really talk about 'Europe' as a single entity here, even if there are some common provisions, based on the ECHR, EU treaties and so on.

    16. Re:Tough cookies by suffe · · Score: 1

      I can't help but notice your immense knowledge of the Swedish law. The ins and outs, if you will. A professor in the subject per chance? Intent is a major concern with Swedish law and regulation and trust me, it's doable. We've made it for quite a while with this system and even thought it might not be perfect (I can't believe I'm defending it) it has its advantages.

      --

      Karma: 2.71828182846 (Mostly due to small, fun pills)
    17. Re:Tough cookies by persnowfall.se · · Score: 1

      It's quite amusing to read piles of comments bashing Sweden's lack of free speech. At least we don't have a system that allows you to spread nazi-propaganda all you want, while allowing big companies to slap individuals with take down notices whenever something is posted that they did not intend for the public. If a where to pick a battle, I would not feel that sorry for us Swedes because we live in a country where posting 22 tips to get a good price on a computer is ok, and promoting holocaust is not.

    18. Re:Tough cookies by Anonymous Coward · · Score: 0

      Hehe .. you mixing two concepts.

      A company can sue your ass only if you were party to an agreement ..ie non-disclosure agreement.
      In any other case you are free to do whatever you want.

      Obviously you know nothing about US so I won't continue any further.

    19. Re:Tough cookies by drinkypoo · · Score: 1

      At least we don't have a system that allows you to spread nazi-propaganda all you want, while allowing big companies to slap individuals with take down notices whenever something is posted that they did not intend for the public.

      Right, you instead have a system in which the Neo-Nazis remain underground and ferment their hatred in secret because they are not permitted to express themselves legally, in any way.

      Good plan.

      I've noticed that Germany, where Nazi speech seems to be most illegal, has enough gamers who play violent games for it to be worth selling them there even though you can't portray "realistic" violence that they actually make modified versions of the game that make no sense. Stifling any speech leads to overcorrection...

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    20. Re:Tough cookies by persnowfall.se · · Score: 1

      I do agree with you. Censorship is not the solution to hatred and racism. However if a where to censor anything it sure as hell wouldn't let big business decide what's ok and what's not.

  14. Wait... by vigmeister · · Score: 1

    Why is the guy being prosecuted? Should it not be the 'publisher' which would be wordpress.com? Wordpress is just as much responsible for Bildt's blog as Bildt is responsible for a comment to the blog... ergo... "Psychic spies from China crying to pass deregulation... Little girls from Sweden dream of free speech legislation... If you want these kind of dreams, just come to Colbert Nation..."' Cheers!

    --
    Atheist: Buddhist in a Prius
  15. -1, Flamewar by Anonymous Coward · · Score: 0

    that is all.

  16. On the other side by saibot834 · · Score: 1

    On the other side, the pirate bay in Sweden is still legal... do one need to understand that kind of logic?

    1. Re:On the other side by janrinok · · Score: 1

      Of course, in Sweden, TPB is not doing anything illegal. It is not storing copyright material, it is simply indicating where such material can be found. Therefore it is fully compliant with the relevant Swedish laws. Now why do you have difficulty understanding that? Is it because your laws might be different? That is one of the marvelous things about all these different countries. They are all completely independent of each other and can have their own customs, laws and beliefs. So why don't you consider the opposite of what you are hinting at; rather than claim that there is something illogical because TPB is not being declared illegal in Sweden, why don't you try to have your law changed so that such an act wouldn't be illegal in your own country?

      --
      Have a look at soylentnews.org for a different view
    2. Re:On the other side by alfrin · · Score: 1

      On the other side, the pirate bay in Sweden is still legal... do one need to understand that kind of logic? Maybe this poor blog should just relocate their server to the United States to avoid the Swedish laws then.
    3. Re:On the other side by Anonymous Coward · · Score: 0

      This "poor blog" belongs to the Swedish foreign minister (I guess the US equivalent would be secretary of state.)
      It's an excellent test case.

    4. Re:On the other side by Anonymous Coward · · Score: 0

      Filesharing is not considered as important as genocide? I don't agree with the speech restrictions, but yes I actually do understand that logic.

    5. Re:On the other side by Chandon+Seldon · · Score: 1

      The logic is as follows: Things that are against some actual law are illegal, and things that aren't are not. The freedom of speech laws in Sweden are a bit behind the times when it comes to modern multi-party electronic communication, and they haven't passed any massively overbroad copyright enforcement laws. There's no logical contradiction - the Swedish lawmakers are just slow to act, which is probably a good thing in the long run.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
  17. Bad by pete-classic · · Score: 1, Offtopic

    "poor Swedish legislation"

    That would be bad Swedish legislation. "Poor" isn't a simply a grammatically superior version of "bad".

    -Peter

  18. disturbance liability by PerlDudeXL · · Score: 4, Informative

    So apparently Sweden has the same problems with blogs and web-boards as Germany. Over here the
    blog/board owner can be held responsible for any offensive/illegal content posted by someone on
    the discussion board or comments. Even if the owner isn't aware of any such posting. This is called
    "disturbance liability". If he is sued and agrees to remove the incriminating content there are some
    stiff financial penalties if the poster is continuing.

    Some courts think it is technically possible to monitor a web-board with 200k comments per month
    like http://heise.de/

    1. Re:disturbance liability by stoolpigeon · · Score: 0, Troll

      it is possible - just unwieldy and expensive - but definitely possible.

      --
      It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
    2. Re:disturbance liability by he-sk · · Score: 1

      This is according to the ruling of ONE judge, hotly debated in Germany right now, and likely to be reversed on appeal.

      --
      Free Manning, jail Obama.
    3. Re:disturbance liability by Jugalator · · Score: 1

      Yes, it all boils down to our "hate speech" laws.

      You can't say "hateful" comments about groups of people, regardless if it's homosexuals, muslims, palestinians, or exactly what.

      --
      Beware: In C++, your friends can see your privates!
    4. Re:disturbance liability by The+One+and+Only · · Score: 1

      You can't say "hateful" comments about groups of people, regardless if it's homosexuals, muslims, palestinians, or exactly what.

      At least you can say "hateful" things about your government...for now.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    5. Re:disturbance liability by phrostie · · Score: 1

      not true

      they do nothing but bitch about everyone but themselves.

    6. Re:disturbance liability by jschrod · · Score: 1

      I've got news for you: The Heise appeal was struck down, months ago. While it is true that the Landgericht Hamburg is the most brain-damaged court in these lawsuits, it's by far not the only one. As Tobias Haar wrote in a recent i'X: There is a defintive slope between north and south; with the northern courts being more likely to rule against forum providers. And, according to Heise's own reports, the "likeliness to be reversed" is quite low, since one appelation court ruled already against them. That the topic is hotly debated in Germany doesn't mean that the judges will follow common sense.

      --

      Joachim

      People don't write Manifestos any more -- what's going on in this world? [Frank Zappa]

    7. Re:disturbance liability by he-sk · · Score: 1

      but the judgement runs counter to what higher courts (bgh) have decided. didn't know that the appeal was struck down, though.

      --
      Free Manning, jail Obama.
  19. At least he didn't... by gillbates · · Score: 3, Interesting

    Quote Old Testament scripture with respect to homosexuals... Then he'd be in *real* trouble.

    The interesting thing about freedom of speech is that it's not absolute, not even in the most liberal of countries. In the more liberal countries, you're free to say anything you like, as long as your speech doesn't have the effect of prompting action.

    Which kind of makes the so called "Freedom of Speech" pointless.

    The sad fact of the matter is no matter how much we'd like to believe otherwise, people will be judged by what they say, and even by words of the people with whom they associate. Even though this was probably a smear tactic, the realization of freedom of speech requires that we live in some kind of fantasy world where speech never has an effect on the *actions* of people. In such a world, you could say whatever you want.

    Instead, we ought to consider the consequences of speech before we speak. Speech with political consequences shouldn't be restrained, but speech with violent consequences ought not be protected. Drawing the line between the two isn't easy, because political speech often has violent consequences.

    --
    The society for a thought-free internet welcomes you.
    1. Re:At least he didn't... by stoolpigeon · · Score: 1

      it's a fantasy world where a blog post sends armed swedes to the middle east to kill palestinians.

      --
      It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
    2. Re:At least he didn't... by computational+super · · Score: 3, Insightful
      Which kind of makes the so called "Freedom of Speech" pointless.

      I think you're confusing "pointless" with "ignored". I support freedom of speech - total, absolute, unregulated (and whatever your "what about" question is, the answer is, "yes, damn it"). A lot of people say they support freedom of speech, but don't really support it because they fear it. If you think that there ought to be freedom of speech with some regulations, then that's pointless, but that's you. If there are any regulations, then it's no more "free" than China or Stalinist Russia; it's just a different sort of lack of freedom.

      --
      Proud neuron in the Slashdot hivemind since 2002.
    3. Re:At least he didn't... by KokorHekkus · · Score: 1

      Quote Old Testament scripture with respect to homosexuals... Then he'd be in *real* trouble.
      Not quite. Just wanted to throw my 5 öre worth of facts regarding that specific type of speech. It's legal to refer to gays a "cancerous growth on the society" as one pastor did here in Sweden. So there's actually pretty much leeway when it comes to restricted speech.
    4. Re:At least he didn't... by The+One+and+Only · · Score: 1

      I support freedom of speech - total, absolute, unregulated (and whatever your "what about" question is, the answer is, "yes, damn it")

      False advertising? Defamation? I'm interested to see how you'd justify these.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    5. Re:At least he didn't... by Capt_Insano_X · · Score: 1

      gillbates said,
      "Speech with political consequences shouldn't be restrained, but speech with violent consequences ought not be protected. Drawing the line between the two isn't easy, because political speech often has violent consequences."

      The First Amendment of the United States Constitution reads...
      "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances, unless of course it is violence inducing".

      OK, so I added the italicized part. Do you seriously believe this? As you said, political speech often has violent consequences, a specific Revolutionary War comes to mind. Our founding fathers were fully cognizant of the implications of speech. They were not idiots. Though, they also understood that in order for a people to remain free a society must be willing to deal with the criminal miscreants among them without derogating liberty of the innocent.

      If he actually started a genocide, it would be one thing. Hell, if this guy moved massive amounts of funds to buy weapons for a horde of genocidal maniacs to do his bidding, those things would be perfectly punishable. But, simply talking about a proposed genocide of the Palestinians, something I am wholly against, does not ACTUALLY kill people.

      If I am not mistaken a Dr. Eric R. Pianka called for the genocide of 90% of the people GLOBALLY. While I do not agree with him -I actually think he is an evil, immoral and unethical spawn of Satan's rectum- he can not be held accountable until he actually makes moves to create his "airborne ebola" and distribute it.

      Don't willfully give up freedom. Property crimes are the only things which should be punished, assuming also that a person's body is the utmost in private property. See, that way only those who actually hurt others can be punished of a crime. Last I checked, I have never been bruised, cut or had my house burned down by mere words. Rather, it was the actions of individuals.

      The Captain

    6. Re:At least he didn't... by Anonymous Coward · · Score: 0

      The interesting thing about freedom of speech is that it's not absolute, not even in the most liberal of countries. In the more liberal countries, you're free to say anything you like, as long as your speech doesn't have the effect of prompting action.

      Which kind of makes the so called "Freedom of Speech" pointless.
      Excellent point.

      The sad fact of the matter is no matter how much we'd like to believe otherwise, people will be judged by what they say, and even by words of the people with whom they associate...
      Don't see what's so sad about this. Seems a sane strategy for me.
    7. Re:At least he didn't... by davek · · Score: 1

      Speech with political consequences shouldn't be restrained, but speech with violent consequences ought not be protected. Drawing the line between the two isn't easy, because political speech often has violent consequences. Well said!

      However, if history has taught us anything, it is that the repression of any form of speech, even violent speech, serves only to fan the flames and causes far much more damage to humanity than any possible result of the original banned material.

      I should never have to be in fear of losing my civil rights simply because I put certain words to a page, no matter what those words are. Now if those words have action attached to them (e.g. I told you to go kill my rival), then I have to worry. That's where the line is crossed.
      --
      6th Street Radio @ddombrowsky
    8. Re:At least he didn't... by Hal_Porter · · Score: 1

      (and whatever your "what about" question is, the answer is, "yes, damn it")

      What about if someone stands next to and and YELLS INANE THINGS in your ear 24 hours a day?

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    9. Re:At least he didn't... by Chandon+Seldon · · Score: 1

      Now if those words have action attached to them (e.g. I told you to go kill my rival), then I have to worry. That's where the line is crossed.

      That should be true only if A.) your rival is killed / there is a legitimate attempt to kill him B.) it can be reasonably shown that the perpetrator was influenced by your instructions.

      You should go kill Paris Hiltion.

      There's no reason my previous statement should be taken as any sort of criminal act.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    10. Re:At least he didn't... by tehcyder · · Score: 1

      If you think that there ought to be freedom of speech with some regulations, then that's pointless, but that's you. If there are any regulations, then it's no more "free" than China or Stalinist Russia; it's just a different sort of lack of freedom
      I'd love to visit the world of Platonic ideals where you seem to live.
      --
      To have a right to do a thing is not at all the same as to be right in doing it
    11. Re:At least he didn't... by computational+super · · Score: 1

      Me too. It's too bad I have to live in the "keep doing it this way because we've always done it this way and can't envision a different way" world that some of you force upon the rest of us.

      --
      Proud neuron in the Slashdot hivemind since 2002.
  20. -1, Priestbait by Anonymous Coward · · Score: 0

    That is all my young alter boy.

  21. The solution by Aaricia · · Score: 1
    I propose the genocide of all Slashdot readers! But what was the problem again?

    Oh yeah, i feel suicidal.

    Well i guess ALT+F4 will do this time.

    1. Re:The solution by flyingfsck · · Score: 1

      You feel suicidal? Here you go: http://suicidegirls.com/

      --
      Excuse me, but please get off my Pennisetum Clandestinum, eh!
  22. American Heritage dictionary disagrees with you by jez9999 · · Score: 1

    poor adj. poor.er, poor.est

    3. Not adequate in quality; inferior: a poor performance.

    bad adj. worse (wûrs), worst (wûrst)

    1. Not achieving an adequate standard; poor: a bad concert.

    1. Re:American Heritage dictionary disagrees with you by Anonymous Coward · · Score: 0

      I agree about the usage, but the parent has a sort of point. Is labeling something that is openly inferior as 'poor' not hate speech? They might have said 'Palestinian performance' or 'jez9999ish laws' - this is obviously a distortion of language intended to take a jab at an already distressed peoples. Very white of you to correct the parent, now we can go on oppressing the poor by labeling everything distasteful as 'poor'. jk
      catchpa:mangling

  23. MOD PARENT UP! by Anonymous Coward · · Score: 0, Funny

    A first post which is both on topic and insightful is not redundent.

    Whichever dumb fuck 'moderator' modded this down should have his testicles removed so that he can't spread his seed. Although, given the likelyhood of the moderator being a lifelong virgin, removing his testicles may be redundent.

    1. Re:MOD PARENT UP! by Anonymous Coward · · Score: 0

      What would the punishment be if the moderator is a chick?

      Suggestion: She has to let me bang her.

    2. Re:MOD PARENT UP! by Fifty+Points · · Score: 0, Redundant

      It's spelled "Redundant."

      --
      I'm in between insightful sigs right now...
  24. It's a damn shame... by TaleSpinner · · Score: 1

    ...that he doesn't live in a free country.

    Of course, neither do we - since 9/11 - so I guess I shouldn't throw stones.

  25. Contradictions by Anonymous Coward · · Score: 0

    Slashdotters always say that filtering illegal or pirated content must automatically make you responsible for everything that slips through your filters. Or does that only apply when the target is an big American company that those Slashdotters don't like?

  26. More and more censorship by Anonymous Coward · · Score: 0

    Europe continues its progress toward facism. Censorship keeps rising (ask Ernst Zundel about how far it goes). Even in the US, censorship is becoming our favorite past-time. The US gov't (and their corporate friends), already detain protesters, ban books like "America Deceived" from Amazon and Wikipedia, shut down Imus and fire 21-year tenured, BYU physics professor Steven Jones because he proved explosives, thermite in particular, took down the WTC buildings. Free Speech forever (especially for blogs).
    Last link (before Stark Conuty District library caves to pressure and drops the title):
    America Deceived (book)

  27. remember liberals are only tollerant by night_flyer · · Score: 0, Flamebait

    if you agree with them...

    --


    Thanks to file sharing, I purchase more CDs
    Thanks to the RIAA, I buy them used...
    1. Re:remember liberals are only tollerant by JimboFBX · · Score: 0

      Actually by definition a liberal is tolerant. Example: A liberal grading system is one designed to give individuals good grades.

      Politically though, your correct, its a completely different story. Example: Last I checked Hillary Clinton isn't very tolerant of drilling in ANWR.

    2. Re:remember liberals are only tollerant by Prysorra · · Score: 1

      "A liberal grading system is one designed to give individuals good grades"

      No.

      A liberal grading system is one designed to give the grader less work.

  28. Original source? by Florian+Weimer · · Score: 1

    Somehow neither link seems to back up the claims in the article.

    I can't really read Swedish, but Carl Bildt doesn't seem to mention that he's under investigation (wouldn't he'd got immunity while in office anyway?).

    1. Re:Original source? by KokorHekkus · · Score: 2, Informative

      The link to the Wordpress blogg confirms it (albeit in Swedish) "...nås jag nu av informationen om att detta har lett till att en åklagare inlett förundersökning om brott." which translates to "... now I've been reached by the information that a prosecutor has begun a preliminary investigation if there has been a breech of the law".

      An english language site of swedish news is thelocal.se also has it at http://www.thelocal.se/7674/20070621/.

      And no, politicians do not have immunity while in office here in Sweden (thank god). I belive the King has some limited immunity but that's about it.

    2. Re:Original source? by Anonymous Coward · · Score: 0

      Immunity?? No in Sweden public servants get extra scrutiny!

      That is usually a Good Thing (TM) as it keeps corruption at bay.

      This case, however, is in my opinion both silly and unreasonable.

  29. I dont see anything wrong by Anonymous Coward · · Score: 0

    "However, they apparently missed a comment proposing genocide of Palestinians."

    And the problem is? Muslim Arabs simply do not belong in the Holy Land.

    1. Re:I dont see anything wrong by ja · · Score: 1

      Muslim Arabs simply do not belong in the Holy Land.

      Your argumentation is a bit on the vague side here. Let me try and help You out with a quote from Mark Twains great American novel "Tom Sawyer abroad", where Tom explains the self evident truths of this world to his somewhat perplexed companion, Huckleberry Finn:


      ...

      I thought he must be losing his mind. But no, he was in real earnest, and went right on, perfectly ca'm.

      "A crusade is a war to recover the Holy Land from the paynim."

      "Which Holy Land?"

      "Why, the Holy Land -- there ain't but one."

      "What do we want of it?"

      "Why, can't you understand? It's in the hands of the paynim, and it's our duty to take it away from them."

      "How did we come to let them git hold of it?"

      "We didn't come to let them git hold of it. They always had it."

      "Why, Tom, then it must belong to them, don't it?"

      "Why of course it does. Who said it didn't?"

      I studied over it, but couldn't seem to git at the right of it, no way. I says:

      "It's too many for me, Tom Sawyer. If I had a farm and it was mine, and another person wanted it, would it be right for him to --"

      "Oh, shucks! you don't know enough to come in when it rains, Huck Finn. It ain't a farm, it's entirely different. You see, it's like this. They own the land, just the mere land, and that's all they DO own; but it was our folks, our Jews and Christians, that made it holy, and so they haven't any business to be there defiling it. It's a shame, and we ought not to stand it a minute. We ought to march against them and take it away from them."

      "Why, it does seem to me it's the most mixed-up thing I ever see! Now, if I had a farm and another person --"


      Should it for some odd reason(?) happen so that one of you guys still do not get it, the argument is further developed here: http://www.worldwideschool.org/library/books/lit/m arktwain/TomSawyerAbroad/Chap1.html

      --

      send + more == money? ...
  30. It's Hard to be the Government by Doc+Ruby · · Score: 2, Interesting

    How can you tell the difference between an unacceptable post that was missed by a less-than-perfect process for removing it, from one that was left by an admin who wants to post it, so "missed it" on purpose?

    Government ministers have so much power, the public takes so much risk giving it to them, that they have to avoid even the appearance of wrongdoing. Because it's often so hard to tell the difference, and the difference often doesn't matter to the results

    --

    --
    make install -not war

  31. Is this the same Sweden? by gujo-odori · · Score: 1

    Is this really the same Sweden that hosts Pirate Bay? Something seems really wrong with this picture: PB can thumbs its nose/flip the bird/gesture of your choice at copyright, and pretty much get away with it, because of Swedish law. And they're looking at prosecuting someone because of a comment posted on his blog site by someone else? Whether you think PB is doing anything wrong or not, there's something rotten in s/Denmark/Sweden/ if the law there says PB is OK but a blogger is criminally liable for anything unsavory posted on his blog by a third party.

    1. Re:Is this the same Sweden? by Jugalator · · Score: 2, Informative

      Sweden has hate speech laws in common with some other parts in Europe, but it's not illegal to host .torrent files because that has part a precedence in law, and part it's a legal grey area anyway. Because a .torrent file is not copyrighted so it would be some sort of "contributory infrigement" which they're still under investigation for (note that TPB has still neither been ruled guilty or not).

      --
      Beware: In C++, your friends can see your privates!
  32. He knew about it, but didn't act by Anonymous Coward · · Score: 1, Informative
    This has been in the works for some time as he, in an interview on april 21th, has said he had seen the comments and thought they were unsuitable. But he didn't act on it as he doesn't think it's any use because they would still be in the archives (Google cache etc).

    Article in swedish.

  33. Liberal Genocide by Doc+Ruby · · Score: 1

    I read the links from the Slashdot story, including an autotranslation of the Swedish report, but I saw nothing describing the person who reported the ugly post. Nothing to indicate they're a "leftist" (whatever that means). Who says it was a "leftist", other than mpawlo, who submitted the story to Slashdot?

    --

    --
    make install -not war

    1. Re:Liberal Genocide by Anonymous Coward · · Score: 0

      The person who reported the offending comment to the police, Jan-Inge ("Jinge") Flücht, is a famous blogger himself and his political views are widely known, at least to Swedish websurfers. Most of his blog space is now devoted to the Carl Bildt case, and he would consider it a great feather in his cap if he managed to bring down a member of the current liberal-conservative government.

      http://www.jinge.se/

    2. Re:Liberal Genocide by Doc+Ruby · · Score: 1

      Is he a "liberal"? How can you tell?

      --

      --
      make install -not war

  34. Dude! You are so gonna get down-modded! by Anonymous Coward · · Score: 0

    Don't you know that in the USA you're not permitted to criticize Israel? It's treason or something. Israel is the promised land, and Israelis are the chosen people. Hell, why do you think we gift Israel all those billions of dollars every year?

  35. I disagree. by jd · · Score: 2, Insightful
    This is what happens when laws blame those who are innocent and hold guiltless the guilty. Now, I have no objection to the prosecuting of conservatives, and think law enforcement agencies should be encouraged in the practice.... when the person is actually guilty of something more than not happening to be a god.

    Censorship, hate-crime laws and speech restriction laws can be entirely valid, fair and appropriate. When they are, they should exist - no matter who doesn't like it. But when they exist, they should be balanced with common law principles of reasonableness and fairness. The sole purpose of such principles is to prevent useful laws from being abused, which is wont to happen when unreasonable and abusive use of the law is tolerated.

    True free speech is actually much rarer in countries that tolerate the abuse of laws, because you can usually be prosecuted for something. Litigation-happy cultures do exist, sad to say, and they suffer horribly for it. America may nominally require freedom of speech, under the first amendment, but what's the reality? One potential case in Sweeden that may never go anywhere versus how many actual convictions for "unlawful" speech in the US this year?

    Before we slam Sweden too much for one minor incident and call it "thoughtcrime", I'd point out that it's hard to compare this with, just for example, the crimes the CIA are now admitting to carrying out on those who thought wrong. I'd also point out that the Scandanavian countries - for all their laws on speech - are most unlikely to carry out such abuses. Freedom of speech is entirely right and proper, but it seems very clear that protecting freedom of speech is more complicated than simply saying that it's a nice idea.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    1. Re:I disagree. by The+One+and+Only · · Score: 1

      Censorship, hate-crime laws and speech restriction laws can be entirely valid, fair and appropriate. When they are, they should exist - no matter who doesn't like it.

      Just because you want to silence a few nutcases doesn't make you the moral arbiter of what opinions people are allowed to express. World War II happened. Get over it. Our continent was destroyed by a war started by racist morons too, but we, at least, are mature enough as a society to discuss and judge people for their stated opinions without trying to silence them with jack-booted thugs.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    2. Re:I disagree. by jd · · Score: 2, Insightful
      Again, I entirely agree that it doesn't make me the moral arbiter, or any other individual. The important word there, however, is "individual". Common law protections, provided they have power and bite, should be entirely sufficient to prevent any individual from turning reasonable restraint into unreasonable constraint.

      I also agree that Europe was destroyed by morons and thugs. There is not one village ANYWHERE in Europe that does not have a memorial to the fallen in World War I every bit as extensive as the memorials in US cities for their fallen in Vietnam. I advise those unfamiliar with the Great War to observe the difference in scale. My family was fortunate - they only suffered a 2/3rds loss of the males of that generation.

      My concern is that the support for the Iraq war and other disastrous mis-adventures mirrors Plato's complaints about democracy in his book The Republic. Democracy is, in my opinion, the superior political system, but we're repeating 2,000+ year old mistakes. (Plato's home city repeatedly waged popularist pro-active "defensive" wars, utterly obliterating their economy and devastating society, not to mention creating dangerous enemies that never existed before.) How the hell can anyone claim that there is a single "mature" Western civilization if said civilization has demonstrated equal ignorance, folly and sociopathic tendencies as our ancient ancestral warrior societies? Maturity comes not from age or experience but from what you do with both. Clearly, actions reveal western industrial nations have chosen a path of not doing anything with either.

      (This isn't to say anyone else is any better. Japan is busy re-writing textbooks to show the history of Okinawa never happened and have already done so on a bunch of other crimes against humanity. Most of the middle east has yet to comprehend the idea of humanity, despite inventing the word to describe all humans as a unified whole. Russia seems to think the James Bond movies are a training manual. Mind you, in Britain, Yes Prime Minister IS a training manual for the civil service.)

      On the basis that all existent civilizations are currently demonstrably immature and beneath contempt, it would seem vital to ensure that all powers - including the freedoms of individuals, but also including any limits on those same freedoms - be bound at the outer limits until such time that something that can actually pass for maturity sinks through the brains of people.

      Once we do indeed have some maturity as a people, fine. We can get rid of constraints that - in a mature society - are indeed more harmful than helpful. I've no problem with that. And, yes, I do believe humanity will eventually get to something that resembles a utopian society for all peoples of all cultures. It'll just take a lot longer if we pretend that what we have is any better than the frankly moronic societies that existed at the dawn of human civilization. At least they had the excuse of ignorance.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    3. Re:I disagree. by The+One+and+Only · · Score: 1

      So wait a second. You're for democracy, and yet you think people are "immature" and need rules imposed upon them. By whom? Mature people? But in a democracy, the people who make the rules are the very same people you condemn as "immature". Your ideas would only make sense if you also believed in a "mature" "upper class", so to speak, which could rule over the "immature" masses. Otherwise, these constraints themselves will be counterproductive, having been created haphazardly by the immature masses.

      On the other hand, it can be said that people tend to act with the maturity they are entrusted with, Whether that theory is valid can be questioned, but how exactly is a society supposed to mature if people are not entrusted with the ability to do so?

      Back to the main point, what is restricting hate speech supposed to accomplish, anyway? It's not like America's been overrun with neo-Nazis.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    4. Re:I disagree. by jd · · Score: 2, Insightful
      Socrates, Plato and the other early philosophers argued this one to death - sometimes quite literally. Democracy is only workable if people are not sheep but are mature, educated and thinking individuals. It will degenerate into tyranny under any and every circumstance in which those conditions cannot be met.

      Plato argued that such education is impossible - that people want to be dumb, basically - and argued the case for something more akin to a government in which only bureaucracies exist. What you're good at, you do. What you're not good at, you're told. That includes the leaders, who he argued should be good at governing but who should leave the thinking to others.

      I don't agree with that line at all, I believe that education can (and should) push people to a sufficient level of intellectual and emotional maturity where democracy ("demos" crudely meaning the masses) can function correctly without such stuff. However, I am also a pragmatist - we're not going to be able to raise Europe to that standard overnight, and America is in far worse shape when it comes to sheephood. Tyranny is totally unacceptable. Plato's concern that skilled manipulators with sharp PR can seize control is a major problem in virtually every country that even has elections. So what's left?

      The only solution I can think of that's left is to devolve some level of power out from all sections of society (the legislators, the executive, the judges, and yes the people as well) and codify it in a law that applies to all, equally, honoring no privilege or immunity, that prevents the extreme degenerate cases that happen in society and also prevents any change to that codification. And that's it. Absolutely nothing else.

      That's the critical bit. It must be nothing else, or it itself will by tyranny, and that defeats the whole point.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    5. Re:I disagree. by The+One+and+Only · · Score: 1

      Who the hell's supposed to make these absolutely immutable laws? Or interpret them?

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    6. Re:I disagree. by jd · · Score: 1

      It would need to be by consent of all, made by all and interpreted by all. Otherwise it's just the opinion piece of some ruling elite, which neither I nor - from the sounds of it - you would approve of. Such systems are not able to work for long, but open groups and national referenda can be coaxed into working.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    7. Re:I disagree. by The+One+and+Only · · Score: 1

      So the very same immature masses who need these laws to protect them from themselves are supposed to make those very same laws to begin with. You still haven't gotten anywhere, and by wasting my time giving me bad arguments about political philosophy you've pretty much obfuscated the entire issue, which is the censorship of certain categories of political speech.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    8. Re:I disagree. by Chandon+Seldon · · Score: 1

      It would need to be by consent of all, made by all and interpreted by all.

      So basically you're suggesting actual policy on the basis of an unlikely fantasy?

      We're much better off preserving preserving freedom of speech and political flexibility in case we get things wrong and need to change them, rather than trying to guess at which speech it's safe to restrict.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
    9. Re:I disagree. by jd · · Score: 1
      A metalaw by means of national referendum is entirely different from an actual law by national referendum. It's also commonplace in many democracies. You seem to be confusing the establishing of a framework (which must be by mutual agreement if it is to be sound) with the establishing of actual laws and regulations within that framework (which has to be done by people who know what they're doing, regardless of what subset of the population that is). Your language suggests you've programmed, so I really don't see what's so hard about the distinction between an abstract specification (what something is to do) and a concrete implementation (how it is to go about doing it).

      (I'll leave for another discussion my contempt for the vast numbers of programmers who can't draw up a decent specification and whose understanding of QA is limited to spelling the acronym.)

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    10. Re:I disagree. by The+One+and+Only · · Score: 1

      I'm not saying the distinction doesn't exist. You're describing the distinction between constitutional law and statutory law. That distinction is irrelevant to my criticism, because a constitution (or an abstract specification) doesn't make, interpret, or enforce itself. Look at America, for instance. Just because we have a constitution doesn't mean it's obeyed or interpreted correctly. (The US Constitution was not developed democratically at all--it was written by a certain educated elite, and voted on by a certain elite subset of the population.) And you still haven't told me how a populace too "immature" to be trusted with free speech can somehow be trusted to establish a constitution. All you've done is handwaved and drawn irrelevant distinctions.

      There is a fundamental problem with your argument, and it is the same, fundamental paradox behind restricting individual rights within a democracy--how can common people be trusted to govern if they cannot be trusted to exercise their own individual freedoms? If you were intellectually honest enough to support an oligarchy or benevolent dictatorship along with restricting individual rights, the contradiction would be resolved--but you would be revealed as being in opposition to some basic, foundational principles that seem to be somewhat popular in modern society. On the other hand, if you wanted to be intellectually honest AND continue adhering to these very popular basic principles, you would be forced to admit that free speech--so far as the expressing of opinions, absent any direct incitements to violence, is concerned--is necessary in a democratic system. Of course, I fully expect that you will do neither of these things, rather continuing to quibble about meaningless distinctions and trying to handwave the issue away entirely.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
  36. Newsflash by Anonymous Coward · · Score: 0

    This is the logical conclusion of the socialist policies that Sweden has pursued. And leftists in the US want to bring that here?

  37. Oddities in the Swedish law by sfalc · · Score: 3, Informative

    It's all because of foolish requirements in the fifth and sixth section of the "Lag om ansvar för elektroniska anslagstavlor " , approximately translated, The Electronic bulletin board responsibility act.

    Which states that the provider is responsible for the comments if they obviously contains either illegal content (hate speech, child pornography, calls for riots) or
      illegally republished copyrighted content (i.e a very blatant copyright violation).

    And even if you didn't have the time to check all the comments or if you missed something, you are responsible, since you have been negligent ( sixth section).

    However even if he had been covered by the Freedom of the Press part of the Swedish constitution he would have been under investigation anyway, since hate speech is exempt.

    He will probably receive a small fine and that's the end of it.

    1. Re:Oddities in the Swedish law by Anonymous Coward · · Score: 1, Informative

      The interesting thing is that the law concerning responsibility of electronic bulletin boards was enforced during the period when Carl Bildt was prime minister of Sweden.
      In those years (during the 90's) there was a hectic flame debate in Sweden about what responsibility a Sysop had over his/her BBS.

      After a couple of pro-nazi texts had circulated together with child pornography the state organisation Datainspektionen (you probably get what it means in english) decided that users are responsible but its up to the Sysop to moderate the BBS and thus is responsible for ensuring non-criminal acts on his/her BBS.

      This caused lots of protests in Sweden since many Sysops claimed they had no chance to moderate all topics and messages circulating on a BBS since they ran the bases on their spare time.

      The law passed and we have lived with it ever since and now the man who indirect was resposible of enforcing it suffers its backlash.

      The reason why the Pirate Bay is still up and running is that the laws of sweden does not declare the distribution of bit torrent links as violation against the copyright acts. Only if you distribute the actual films/songs/texts/etc you break the law. Not by only distributing links to the actual files.

    2. Re:Oddities in the Swedish law by suffe · · Score: 1

      I can't really say if you are right or wrong, but being as this comment seems to be on its way to being moderated upwards, I thought I should point out something. The usage of the word 'negligent' in the law (I haven't read the section, I'm just assuming you are correct) is one of those vague usages that to an American audience might seem strange but is actually there per design in Swedish codifications. It doesn't mean that the law becomes flexible from case to case (negligent is negligent) but the definition might be allowed to change over time. What was not negligent a year ago might be today. It allows the laws to adapt in small ways without requiring a five year debate in the various comities, subcomities and the parliament.

      Are there dangers with this? Of course. But there is with anything. Putting all your faith into one single leader, depending on the judgment on others, letting lawyers interpret texts written 40 years ago (or 150 years ago). There is danger in most things. This is a calculated risk.

      --

      Karma: 2.71828182846 (Mostly due to small, fun pills)
  38. Evil Never Sleeps by leereyno · · Score: 0, Flamebait

    I find it entirely predictable that a leftist would abuse the letter of the law in violation of the spirit of the law in order to attack someone who does not subscribe to his religion.

    --
    Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
    1. Re:Evil Never Sleeps by Anonymous Coward · · Score: 0

      I find it entirely predictable that a leftist would...attack someone who does not subscribe to his religion.

      I thought leftists weren't supposed to even have religion? Or, you mean that the religion of a "leftist" is socialism and that leftists "attack" people who disagree with socialism? I suppose that people on all sides of the economic debate are more forgiving to people that share their beliefs and less forgiving to people who don't - but how is this unique to "leftists"?

      ...abuse the letter of the law in violation of the spirit of the law...

      So what was the "spirit" of the law? To prevent Swedish people from criticizing Bush? I might agree that it's a flaky law but it seems flaky both in the "letter" of the law and in the "spirit" of the law.

  39. In Soviet Sweden... by Anonymous Coward · · Score: 0

    ...the censorship of speech blogs YOU!

  40. Some background information by Anonymous Coward · · Score: 1, Informative

    Some background information:
    The comment on the foreign minister's blog was posted several months ago, and he had been notified through several sources and even been interviewed about it in radio. Then he said that he the comments were indexed by the search engines anyway, so it shouldn't matter if they were removed. According to Swedish law, a person that has a web site where other people can post comments is responsible for removing posts that contain illegal content - for example hate crime. (It could also have been child porn or some other illegal content.) Since the foreign minister was aware of the content (although he denies that now), he is to be examined (not yet brought to court) for this potential crime.

    The accusations against the foreign minister is not very strange from this perspective. One may argue that hate crime should not be illegal - but considering that it is - it is up to the owner of a blog to remove comments that are inappropiate. In Sweden, there is also laws that forbids people to lie about people to miscredit them for example.

    Mikael Pawlo (the poster) is a well known Swedish lawyer that I normally have a great deal of respect for, but in this case his posting is missing some vital information about the case.

    1. Re:Some background information by Zibri · · Score: 1

      I agree with you. Bildt knew about the comment(s) and did not take appropriate actions (i.e. remove them). It will be very interesting to see what's happening now. But another good question is what's happening with the poster? Will he be identified and brought to court?

  41. Just wait until it starts happening here... by Capt_Insano_X · · Score: 1

    I know, this would never happen in the Empire! Oh, but it will.

    As usual it will be happening under the guise of protecting our children. IT'S FOR THE KIDS! Senator John "Globalist Shill" McCain introduced a bill in 2006 called "Stop the Online Exploitation of our Children Act of 2006". That bill allows for what is happening in Sweden, only ours is all juiced up on roids.

    It would, from the thinkprogress article linked below,
    -"Commercial websites and personal blogs "would be required to report illegal images or videos posted by their users or pay fines of up to $300,000."

    and my favorite,
    -"Internet service providers (ISPs) are already required to issue such reports, but under McCain's legislation, bloggers with comment sections may face "even stiffer penalties" than ISPs."

    Of course it is all in the definitions. How do YOU define obscene or offensive? Maybe as "something that is lascivious" and appealing to prurient interests. Maybe something that is abnormal, unhealthy, degrading or shameful? They have all been used to define illegal obscenity. Pick your word, the more broad, vague and all-encompassing the better. Of course these word games have been played time and time again to do nothing more than rip away the first amendment from the citizens.

    The excuse of protecting the children to relieve the citizen of his/her rights is one of the oldest in the politicians bag of liberty stealing, tyranny inducing tricks.

    Don't ever say it can't happen here.

    http://thinkprogress.org/2006/12/13/mccain-war-on- blogs/

  42. Comments ignored for a long time. by Betlo · · Score: 1

    I've followed the development of this story for a while now. The blogger is Jinge of http://www.jinge.se/ (Swedish) These comments have been on Carl Blidts blog since early april, for over two months now. During this time it has has been mentioned to him several times. He has been interviewed on both the news and the radio about them, without removing them. It is probably more because of incompetence then malice because he on the news said IIRC that he wanted to remove the comments but there was no point in doing it since they already were in "the cache". 13000 comments is not much for a blog as old as Carl Bildt's. In comparison Jinge's blog has about 30000 comments all manually moderated before being visible on the blog. These particular comments were few and all in the same thread. The comments encouraged prosecution and/or extermination of the Palestinan people. These laws are seldomly used, but have been used in recent yers agiants hate speech advocating prosecution of and/or violence towards jews and homosexuls, and probably others that I can't remember right now.

  43. Is that the Eta Carinae star chamber? by Anonymous Coward · · Score: 0

    Is that the Eta Carinae star chamber?

  44. crying fire! by um...+Lucas · · Score: 1

    I haven't read this article, just the OP's summary.

    Point:
    We can't yell fire in a crowded theatre.
    Should we be able to advocate genocide on the internet?

    Point:
    In the US, we have a constitutionally guaranteed right to free speech.
    Do they have the same in Sweden?

    1. Re:crying fire! by Hal_Porter · · Score: 1

      We can't yell fire in a crowded theatre.

      I've never been tempted to do this, so I don't care. But if I want to laugh loudly at bad movies however people shouldn't be allowed to shush me. I wish the ushers would kick them out quite frankly - they're highly annoying.

      Should we be able to advocate genocide on the internet?

      Yes, absolutely! How am I supposed to spend my Saturday night if this is illegal?

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    2. Re:crying fire! by oh2 · · Score: 1

      Yes, we have a guaranteed right to free speech which is at least as strong as the one the US is supposed to have. The main reason that this has gotten so much press is that we have an unusual foreign minister here in Sweden that most people have strong opinions about.

      --

      Now the world has gone to bed, Darkness won't engulf my head, I can see by infra-red, How I hate the night.

    3. Re:crying fire! by Anonymous Coward · · Score: 0

      A lot of countries here in Europe also have a right to free speech in the constitutional laws. I would say speech is perhaps even more free, because in most cases, state media have obligations to present all views, and state financing of political parties cannot discriminate. In the USA, it seems to me that if you say something the corporations don't like, you will be silenced, unless you're rich enough to pay to get your message across.

    4. Re:crying fire! by Ornedan · · Score: 1

      It is you who should be kicked out of the theatre. You are interfering with everyone else watching & listening to the movie. Just because you don't like the movie doesn't mean you have the right to ruin it for everyone else.

  45. Comments ignored by Bildt since April. by Betlo · · Score: 3, Informative

    I've followed the development of this story for a while now.

    The blogger is Jinge of http://www.jinge.se/ (Swedish) These comments have been on Carl Blidts blog since early april, for over two months now. During this time it has has been mentioned to him several times. He has been interviewed on both the news and the radio about them, without removing them. It is probably more because of incompetence then malice because he on the news said IIRC that he wanted to remove the comments but there was no point in doing it since they already were in "the cache".

    13000 comments is not much for a blog as old as Carl Bildt's. In comparison Jinge's blog has about 30000 comments all manually moderated before being visible on the blog. These particular comments were few and all in the same thread. The comments encouraged prosecution and/or extermination of the Palestinan people.

    These laws are seldomly used, but have been used in recent yers agiants hate speech advocating prosecution of and/or violence towards jews and homosexuals, and probably others that I can't remember right now.

    1. Re:Comments ignored by Bildt since April. by BerntB · · Score: 1

      In addition might be added that Jinge does a really careful job of removing comments... he really can't handle arguments he can't answer! He makes traditional Chomsky cooks look sane.

      --
      Karma: Excellent (My Karma? I wish...:-( )
  46. Weird editing makes story unclear by mpawlo · · Score: 1
    Someone did some weird editing to this story, making the links completely wrong. The first link is to a very old story published by the Register not at all related to this situation, but to an old Swedish situation regarding chat forums (not blogs). I think this link should actually be removed from the story.

    What has happened in this case is that a preliminary investigation has been initiated. It is not a formal prosecution. This investigation is carried out by a prosecutor. I am afraid the editing makes this less clear.

    When it comes to linking my original links was to the Swedish media reports on this case, which would clarify things further. It appears from Swedish media reports that Mr Bildt and his staff are constantly monitoring this blog for hateful comments, but that they missed this specific comment, even though a blogger claims to have pointed out this comment to Mr Bildt and his staff on several occassions. Personally, I do not know the circumstances well enough to tell what is facts and what is not in that respect, but it might affect whether Mr Bildt will be prosecuted or not. Perhaps some Swedish lawyer versed in the field could give a short brief of the current legal situation in this field.

  47. disturbance liability by R00BYtheN00BY · · Score: 1

    So apparently Sweden has the same problems with blogs and web-boards as Germany. Over here the blog/board owner can be held responsible for any offensive/illegal content posted by someone on the discussion board or comments. Even if the owner isn't aware of any such posting. This is called "disturbance liability". If he is sued and agrees to remove the incriminating content there are some stiff financial penalties if the poster is continuing.



















  48. English Translation by Barkmullz · · Score: 2, Informative

    Here is a [loose] English translation of the article

    Apparently our cleansing efforts of uncomfortable comments on this blog missed a few submissions from, in particular, one person - And via the media I have now been informed that this has caused a prosecutor to start a preliminary examination to see if a crime has been committed.

    In total, there are more than 13,000 comments, of varying type, on this blog. And during the last few months we have been trying to remove posts that were particularly inappropriate or insulting.

    As soon as we are notified about something we missed, we have removed it. However, it is clear we missed a contribution from a certain person early this year.

    Naturally, this is unfortunate. That this was not done on purpose is clear, because we have removed other comments in the past. The comments that we were notified about today were obviously removed immediately.

    That is how it is. After that the legal examination have to run its course.

    Where this will lead, I do not know. But I think it would be sad if it forced me to shut down this blog. And if I have to do that, it will most likely lead to other blogs being forced to do the same thing.

    However, we have not reached that stage yet.
    --
    Ronald said nothing. He flung himself from the room, flung himself upon his horse, and rode madly off in all directions.
  49. By that logic... by Anonymous Coward · · Score: 0

    Next time you commit a crime, let's also arrest your father because, after all, without him, the crime would not have occurred.

    People are not reagents.

  50. The Real Deal by liangzai · · Score: 3, Insightful

    Sweden actually has the oldest legislation there is regarding freedom of speech. The problem is that it is too old.

    Two separate acts, with a common ground, regulate freedom of the press and freedom of broadasting media respectively -- it is technology dependent. Anyone publishing (or broadcasting) media must have a license to do so, and whoever has the license is the registered publisher, who alone will face any legal actions if anyone in the staff commits a "crime of freedom of speech" (that is what is it called, totally Orwellian, I know).

    An exception to this was when two journalists (Guillou and Brattström) were convicted of spying when they exposed the Information Bureau, an illegal intelligence agency.

    Anyway, people publishing without such a license (like bloggers) are not protected by the two separate acts that regulate freedom of speech. Instead, private citizens are subject to a "Personal Data Act", that initially made it an offense to publish virtually anything about anyone without written permission. People have been convicted for describing colleagues breaking a foot in the yard under this law. It was initially a very harsh interpretation of a EU directive.

    Reality later had its impact as the Internet grew larger, and especially since Web 2.0 applications began to spread on the net (blogs, newspaper comments and so forth). The "Personal Data Act" was changed accordingly this year, and private citizens publishing stuff that is of an artistic or journalistic nature are in essence covered by one of the two basic acts on freedom of speech (both of which are part of the constitution, which by the way is not as strong as the American constitution), namely the one regulating broadcasting media. People who blog for other reasons than debate or journalism have no such protection.

    Mr. Bildt's blogging is thus covered by the constitution. But the comments are not, because yet another law covers such elements, namely the so called BBS Law (or law on electronic billboards). This law states that anyone operating a billboard (or equivalent; a blog is a billboard acccording to this definition) has the same role as a registered publisher in a media company, and therefore has to surveill the platform he is letting up for public use and also take action within reasonable time, should there be reason to do so.

    Practically, this means one has to remove illegal messages or comments within a week from being notified of their existence. One can also apply for a license to operate as a media company, to get the fullest protection of the law (which means that only a special prosecutor can prosecute). But then one also have to save every intermediate state of the media in question, that is the state inbetween every comment and change on the blog, like a versioning system -- this is too overwhelming for a private publisher of a blog. In the current case, a common prosecutor is investigating the case -- no one has yet been notified of anything, it is just an investigation.

    So, these are the basics of Swedish "freedom of speech". In essence, the law has a 16th century view on such freedoms of expression, only recognizing media companies as valid publishers. The common man has until fairly recently been rather unfree. The press and the media are thought to be "representatives" of the people, which is why the media is usually called "the third state power" in Sweden. Regular folks are not supposed to have freedom of speech. The press and the broadcasting media are an elite group with special privileges, and recently they have begun attacking blogs for infringing on those privileges.

    Regarding the current case, there will probably be no action, since Carl Bildt has had his foreign ministry staff go through all comments and remove those that may be unlawful. They have missed one or two such comments after being notified, but the law isn't that rigorous. A reasonable effort has been made, and it is likely no one will be held accountable for anything in this matter.

    On the ot

    1. Re:The Real Deal by a_n_d_e_r_s · · Score: 1

      Using moderation is a very bad idea. Aftonbladet used moderation to stiffle comments on its webb site and the registered responsible got sentenced for hate speach when one moderator let through a hate speach message on their boards.

      Thus its better to have free speach but then have the possibility to report bad messages - and then remove messages with bad content. Its much harder to get convicted then. But one really need blogg software with a good way to look at all reported comments and remove them if needed.

      --
      Just saying it like it are.
  51. Sweden in a nutshell by Anonymous Coward · · Score: 0

    Guys this is what Swedish politics is like, it is nothing new. This court procedure starts just as another came to a close after someone accused the same minister of keeping secret certain stock he owned in foreign companies. Of course, as it turns out Mr Bildt has disclosed everything he had to and that case is coming to an end and then this one pops up. Before that there was another lawsuit by the opposition claiming the government had acted unconstitutionally, again filed by the opposition with no real hopes of winning. It isn't really Swedish law that is messed up ( I really doubt this will lead to a conviction) it is rather that absolutely stupid allegations has to be dealt with seriously ( sounds familiar? ). This case is a problem only because some idiot in the opposition actually think they can score media points by launching a nonsense case against the sitting government. Believe it or not, but these laws have been around for quite a while without bogus like this and it has not really been a problem because prosecutors usually applied Common Sense (TM). Lately there has however been a trend of politicians rallying for court cases in order to produce headlines. Yes, that is what this is actually about. Nobody expects these court cases to actually mean anything in practice. It is just a way to get the newspapers to say "government official accused of crime". Soon this case will play out, and then we get another, equally stupid one, again filed by someone from the opposition with no real chance of winning or causing any relevant change in how things are done. Now someone who really deserves a kick up the rear is another minister who basically got himself a "e-bay degree", but that is a completely different story.

    1. Re:Sweden in a nutshell by Anonymous Coward · · Score: 0

      Pfft. Left-wing, right-wing who cares.
      As a member of the geek-wing I think it's great. It was the government that Bildt was leading that created this (f)law in the first place and now he gets to taste his own bitter medicine.

  52. B Lo Double G by Joebert · · Score: 1

    I think he said it best, "Bloggin ain't easy".

    --
    Wanna fight ? Bend over, stick your head up your ass, and fight for air.
  53. imagine he has said something anti semitic by hoyeru · · Score: 1

    oh wait, Arabs are semites to, never mind!

    --
    fuck karma, I like saying the truth better
  54. It IS located in the US by TERdON · · Score: 1

    "Maybe this poor blog should just relocate their server to the United States to avoid the Swedish laws then."

    Actually, it is already located in the US (on the Wordpress servers), so it can't really be relocated there. The funny thing is that if I remember correctly, Flashback, a Swedish-language forum open to just about any discussion, has had these kind of problems earlier, and I believe it was tried against the same law. It was freed, as it is located in the UK...

    --
    I have a really elegant proof for Fermat's last theorem. If this sig was only a bit longer...
  55. disagree: radio Mille Collines by fritsd · · Score: 1

    Hating someone is not a crime, therefore, spreading hateful messages isn't either.
    I'm sorry but I disagree, there are exceptional cases; I believe one was

    "What are you waiting for? The tombs are empty. Take up your machetes and hack your enemies to pieces"
    in the case of the Rwandan genocide that the owners of one particular radio station, Radio Mille Collines, played a significant and important role in hetting up the people to violence.

    Apparently state radio was boring and RTLM had good music. Then, they used the radio station as a vehicle to "... broadcast messages designed to achieve interethnic hatred and encourage the population to kill, commits acts of violence and persecutions against Tutsi population and others on political grounds."

    In fact the UN tribunal sentenced them to a life sentence for this: RNW article about RTLM (case is under appeal at the moment: "trauma and drug use explained the extremist conduct of the RTLM journalists" yeah right :-/).

    --
    To be, or not to be: isn't that quite logical, Slashdot Beta?
  56. ok, then where do one hosts a blog? by Anonymous Coward · · Score: 0

    Any hints for european countries/vendors that don't bend easily to governments or corporations?

  57. Self deception by Anonymous Coward · · Score: 0

    ...that he doesn't live in a free country. Of course, neither do we - since 9/11 - so I guess I shouldn't throw stones.
    You didn't live in a free country before 9/11 either. When I was a kid there where a couple of political refugees from USA in my small hometown in Sweden. They didn't want to support the war in Vietnam. If they had stayed in USA they would have been drafted to fight, as aggressors on forreign territory, in a war that they couldn't morally support.

    I've "always" read newspapers in different languages and from different countries. The US press has always been very different from other news sources in how and what it reports. Even before 9/11. I don't know if this is real censorship or if the press is simply afraid of reporting some facts. But in regards of what news sources are available to most US citisens, it's effectivly censorship. News are, of course, presented different in press from different countries, but US press is the only one that consistantly suppress facts.

  58. Canada does the same thing too by Anonymous Coward · · Score: 0

    The Canadian Human Rights Tribunal prosecutes webmasters for comments posted by participants. s13.1 allows practically no defenses. See: www.freedomsite.org