British Men Jailed For Online Hate Crimes
chrb writes "Two British men have become the first to be jailed for inciting racial hatred online. The men believed that material they published on web servers based in the United States did not fall under the jurisdiction of UK law and was protected under the First Amendment. This argument was rejected by the British trial judge. After being found guilty, the men fled to Los Angeles, where they attempted to claim political asylum, again arguing that they were being persecuted by the British government for speech that was protected under the First Amendment. The asylum bid was rejected and the two were deported back to the UK after spending over a year in a US jail."
It's an internet hate machine, you know. [ http://www.youtube.com/watch?v=DNO6G4ApJQY ]
is it the act of hating someone due to their racial background or sexual orientation which is illegal? or just running your mouth about it?. if its the former its thought crime and if its the latter its censorship. I don't believe in hate crime, not because I am a racist or a homofob its just that laws like that tend to be abused. Besides I like living in a free society where the government doesn't get to decide what I can legally think.
Surely 'bollocks' is more appropriate in this case?
This is old news in Finland. We have had at least 4 convictions on dubious basis within one year. "Insulting" muslims and negroes seems to be verboten while insulting christians and white males is ok. 1984.
'Once scientists, even the dim-witted social scientists, get muzzled, the Western Civilization is finished.' - oldhack
Have you ever noticed how hate mongers usually look like douchebags?
"Freedom of speech is an American concept, so I don't give it any value." - Dean Steacy, Canadian Human Rights Commission investigator
There is no guarantee of Free speech in the UK
It is simply a fact.
The vast majority of countries do not allow simple basic freedoms. Even the freedom for stupid people to say stupid things.
The common thread amongst racists that I've found is that they invariably want someone to blame for the state of their own lives, and they choose someone who is obviously different from them, because it's easy. These guys aren't smart, capable people; they're losers. It takes people with amazing charisma and a climate of social discontent to legitimise racially prejudicial attitudes - insulting cartoons shoved under a synagogue door don't make the grade.
Should they be imprisoned? Maybe. But I think we'd accomplish just as much by ignoring them and their malcontent existance, as one would an internet troll.
Scientists point out problems, engineers fix them
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Speech. At one time it did, but now there are limits to free speech. Both in the UK and USA now.
I guess that means we can send the KKK and Nazi groups in the USA to jail then for distributing hate speech materials. Also track down the "Anonymous" group for hate speech against Scientologists, etc.
Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
If you can't say something other people don't want to hear, you do not have free speech.
Any sufficiently advanced technology is indistinguishable from a rigged demo.
I HATE ARTICLES LIKE THIS!
Publishing words that incite hatred is not "thoughtcrime". Words are not thoughts. You can think whatever hatred or whatever else you want. But speech is an action, a real act in the world that affects other people. Not all acts, not all speech or expressions, particularly in public, are protected. You do not have the right to speak in a way that harms people. And currently, as always in history, published hate speech forms links in the critical path from protected hateful thoughts to non-protected violent acts that physically harm people. Those links are on the action side of the thought/action boundary.
You can't tell someone that you're going to kill them and expect to get away with it. You likewise can't threaten everyone who's a member of a group, racial or otherwise, and expect to get away with it. You can think about genocide, but the moment you do something, including organizing or inciting others to carry it out, you've crossed the line. And that's when we have governments to protect us from you, not you from the consequences of your speech.
--
make install -not war
Israelis arrest (and indeed assassinate) enemies of Israel anywhere they like. Ditto the USA. A California couple publishes porn on the Internet in California, and is tried and convicted in Tennessee, which they have never visited. You can do something in a foreign country that's totally legal there, and your own government will still prosecute you for it -- as these guys did. It's only a matter of time before the USA starts prosecuting American citizens for smoking dope and visiting prostitutes in Amsterdam.
The fact is, if you publish it on the web, you're liable for it worldwide, regardless of where you are or where the server is. Better get used to it.
I piss off bigots.
. . . don't convicted criminals have their passports confiscated, while awaiting sentencing?
I just find it bizarre, that they can just hop on a plane to LA.
This would be a great Monty Python sketch with Eric Idle, as the bloke checking the passports on exiting the country:
"Ah, going to Los Angles, super, super! Business? No, holiday? Ah, spit, which one is it?"
"We are convicted criminals leaving the country, to apply for asylum in the United States."
"Ok, off you go then!"
Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
No free speech in the UK, I get that (though I strongly disagree with it!), but why not offer asylum? Don't we believe in the right to free speech ourselves? Isn't this a perfect example of a situation in which we should, when someone comes to us who is being prosecuted for a crime that we do not consider to be a crime?
Inciting sectarian hatred is not pointless there. It matters deeply and gets people killed. As it does in those large parts of the world still riven by ethnic, sectarian, and tribal divisions.
The USA is one of the few countries that can AFFORD freedom of speech.
I piss off bigots.
Or perhaps the court argument was that if British citizens publish illegal material that is accessible in the UK, it doesn't actually matter where the material is *held*. They wrote it, and published it *to* the server from the UK after all.
"If the materials were published in the US just how can an English court have jurisdiction?"
The server was in the US, but the server is an inanimate object incapable of criminal intent, so it is not automatically relevant. The people with criminal intent were permanently in the UK at the time of the offences and the material was about the UK and ethnic minorities in the UK, targeted largely at an audience in the UK.
IANAL, but it seems that courts largely adopt an attitude of "looking through" any technology and focusing on the people involved.
They were published from the UK to servers in the US.
The leaflets/pamphlets weren't exactly being handed out in LA either...
It's not as though US citizens were extradited to the UK despite having committed no US crimes or committed crimes while in the territories of the UK. Shame for Gary McKimmon that the US authorities aren't similarly restrained.
Here we go again! If the materials were published in the US just how can an English court have jurisdiction?
That would be due to the British Nationality Act of 1948, which asserts British criminal jurisdiction over British citizens for crimes committed overseas. The US has a similar law, as do many nations.
Great going, Britain! As Yugoslavia has shown us, trying to suppress racial hatred through government oppression works really well!
The summary is somewhat misleading.
The convicted parties were handing out leaflets in the UK, which drew complaints due to their racist content. The content of the leaflets was stored on a US server, but "published" (printed really) in the UK. Both defendants lived in the UK, but sought asylum in the US after they were charged.
Jurisdiction is not the problem here - in every country I know of, storing "illegal material" outside the local borders does not constitute a legal defence. If we were talking about weapons or drugs, then storing internationally (say in a safe haven where they're legal) while distributing locally (where they're illegal) would still get you charged.
The question is whether the material should be illegal in the first place. That has nothing to do with jurisdiction and everything to do with civil liberties.
Erotic is when you use a feather. Exotic is when you use the whole chicken.
That is true... but this is the UK we're talking about, not a tribal society.
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There are many forms of authoritarianism. It is a belief system that is surprisingly "cross-platform"; you'll find examples in all kinds of communities, secular and religious, left-wing and right-wing, liberal and conservative.
What they have in common is a mis-trust in the governed. The governed must be repressed, and cannot be allowed to have free choice. There can be no tolerance for meaningful opposition, for that would "weaken" the community, resulting in "instability", i.e., loss of control by the governing class. It is a forced form of allegiance.
All truly free societies are built on the power of persuasion.
"We receive as friendly that which agrees with, we resist with dislike that which opposes us" - Faraday
What they did, they did in the UK. They then fled and attempted to request asylum, which was denied. One of two things happened after that, both legal. Either their priflege of being in the US was revoked and they were deported, or the UK voiced their claim on them and they were extradited per US/UK agreements.
Just because they put their works on a server in the US does not change the fact they were created in the UK. They UK can use this to say the crime occurred in their jurisdiction. They did what they did in the UK and it is illegal there.
"I use a Mac because I'm just better than you are."
Their web site is called heretical.com. They apparently hate me, too.
But their writing is so discombobulated that I'd be much more concerned about the threat to my life and liberty from a government that thinks it needs to throw people in jail over this drivel than about these two nuts or their readers.
"Freedom of speech" in the US doesn't mean you can say whatever you want either. If you endanger other people by what you say (e.g. shout "fire" in a crowded theatre, incite others to murder, violence) there are consequences. If you slander someone there are consequences. If you lie under oath there are consequences.
Freedom of speech isn't a right that overrides all other laws, not should it be.
I'm amazed not only that this story was posted to /. but also that so many apparently have sympathy for these losers.
The Gay Nigger Association of America will be furious!
And believe me, you don't want to have those guys on your ass!
Of course overt hate speech increases violence, are you nuts? Check out history of the partition of India. In many parts of the world violence is always just below the surface, and it only takes one or two unwise remarks in public to trigger rioting.
I piss off bigots.
Actually, freedom of speech is guaranteed in the Bill of Rights, 1689. However, keeping a freedom requires the populace to care about it. In Britain's case everyone's too busy hating Europeans (then going on holiday there), being paranoid about jails full of paedophiles and being scared of terrorists and KnifeCrime(tm) to worry about the finer points of freedom of speech. Obviously these two are a pair of scum bags, so no-one cares to defend them, for what it's worth I believe their freedom of speech should be guaranteed, but try telling that to the populace.
Here are a few ideas of w h o, and wh at, might be responsible for this situation. :)
The 1285 Statute of Westminster even gave the English people the right (actually it was a requirement) to bear arms, it was due to this -- and technologically 'advanced' longbows -- that we managed to trounce those ghaslty frogs at Agincourt, but that's another story.
I'm going to transform myself into a mighty hawk. Either that or I'll just go and work at Dixons, haven't decided yet.
That's interesting as a blanket statement. I have never seen any Christian church preach hate and discrimination except for Obama's church which I would really call a christian church (they believe the only those who have suffered in some way get into heaven or some shit like that).
The holocaust is not a crime to you? Most would call that a hate crime but obviously you disagree.
That's a strawman argument if I ever saw one. We're discussing whether it should be legal to publicly denigrate Jews, not mass murder them.
Hate crimes exist in europe because in europe we have seen far to closely what happens if hatred is left unchecked.
And the US has never seen what happens when hatred is left unchecked? How exactly does legislating against hatred "check" it anyway? Just because it's illegal doesn't mean it will go away.
Mind you, the americans think the KKK has a right to exist. In europe it is forbidden to be a member of a nazi group. Neither method seems to work in keeping people from being killed because of what race/sex/orientation they are.
Nice. Generalise about Americans in a tirade against racism. Anyone see the irony?
But this is the UK and if the UK people want a system where racists can be locked up for spreading hatred then you that is their freedom.
The brits and most of europe choose different.
And you can THINK what you want. it is spreading what you think that is restricted.
Isn't this a better definition of a society that is not free? As Voltaire said, "while I may not agree with what you say, I'll defend to the death your right to say it".
It'd be nice if there was a "-1, half-baked knee-jerk reaction" moderation option.
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This discussion will invariable get out the "free speech or nothing" nutcases who claim that all speech should be free, while they read and post on a moderated forum with an adblocker censoring the slashdot creators.
Americans especially have a serious amount of hypocracy in these cases. Europeans tend to know that free speech does not exist and that true free speech is far to messy to allow. Yet while in holland we recently had proposal to make holocaust (not just THE holocaust but all similar events before and since) denial an actual and specific crime. At the moment it already falls under hate crime laws. Even the liberals (think left of the most left democrat/indepedent you ever witnessed) VVD who recenly proposed that hate crimes should be gotten rid off wanted the distinction between THINKING hate and inciting/causing hate.
The reason was simple, the poor guy who suggested it was INSTANTLY shot down by everyone. Not just the WW2, but the incitement to hatred that occured in Rwanda or even more recent South Africa (where there was violent against black immigrants from native blacks, I add this because you might typical assume that racial trouble in SA would be between black and white).
Europe once again is a powder keg. Parties who have immigrants as part of their agenda (meaning, they don't want them) are on the rise and with the economic downturn it doesn't take a lot to get a sensation of deja-vu. No, this is not 1930 germany. There are a lot of differences with all sides involved but right now NOBODY wishes to allow someone to start spreading hate that might find a fertile breeding ground.
We know from history that hate speech can be a serious danger if the conditions are right. Butt should our freedom to say what we believe be curtailed for the chance that something bad might happen?
I do notice that most of the most fervent supporters of free speech on this site sound and awful lot like white, christian, hetero-sexual, middle class male. What does this group have to fear from hate speech? They control the US. It is easy to say hate speech should be free when it is not targetted against you. I have no problem with americans being allowed to carry heavy weapons. In america. Go right ahead, carry a machine gun to the mall. It doesn't affect me.
But if you are black or a muslim or a jew or a woman or any other group that is the subject of hate groups then it becomes a different story.
The murders in holland on Theo van Gogh and Pim Fortuyn fall under hate crimes. People spoke nasty words about them, saying it would be better if they were gone and someone listened. Wait until YOU are the one under a death treath before you say free speech should be totally unrestricted.
I am fairly willing to bet that the majority of free speech spouters on slashdot would change their tune VERY quickly if they were the subject of a hate attack.
Free speech is important, but being able to say anything at all without any restrictions will be abused.
Almost everything we do is restricted. From travel (I am free to travel across the globe but only with the proper papers), to reproduction (I can only do it with women who agree) our lives are regulared. Why should speech be any different?
And americans, before you try to correct me, how come that on a recent mythbusters I saw they had SO much censorship going on that it took up 50% if the screen and made the subject invisibale (jaw breaker myth). How come there are no boobies on US tv? What is the constant bleeping?
The US, where you can't say fuck, show a boody or a brandname but you should be able to race X should be gassed. Thanks but no thanks. I take holland, where you can say fuck, show full frontal nudity on a childrens program and brandnames can be shown as long as it is not advertising for the product (and I don't think your candy exploding is a very good advertisement). Neither system is perfect.
And before you quote some founder about freedom, find out how many slaves he or his friends owned.
MMO Quests are like orgasms:
You may solo them, I prefer them in a group.
"it's spreading what you think that is restricted". Exactly. You admit that your government controls the commerce of ideas?
Whenever somebody makes the nonsensical claim that it is unacceptable to censor racist or homophobic propaganda because it is a free speech issue, consider the following examples.
1: You're not allowed to harass people, even if you do so by speaking.
3: You're not allowed to tell people lies in order to make them agree to things they otherwise would not ( i.e fraud ).
4: You are not allowed to print untrue stories that may damage somebody's reputation ( i.e libel ).
5: You're not allowed to damage people's reputation by spreading lies about them ( i.e slander )
The main problem with the laws against racism and homophobia is that they have been poorly named. They should have called it "The protection against harassment of minorities act" or something like it. As with all other liberties your freedom ends where mine begins, and just like freedom of movement does not entitle you to sleep in my front-yard, nor does freedom of speech entitle you to spread lies about my sexual orientation. If you seriously think that freedom of speech gives you a right to lie about and harass people, then I'm afraid you have a rather naive idea of how the world works and you may just find that a lot of people with disagree with you.
Orwell was supportive of individual rights, and saw it as a failing of self-proclaimed solcialists that they so often were not.
We have got to admit that if Fascism is everywhere advancing, this is largely the fault of the Socialists themselves. Partly it is due to the mistaken communist tactic of sabotaging democracy, i.e. sawing off the branch you are sitting on; but still more to the fact that Socialists have, so to speak, presented their case wrong side foremost. They have never made it sufficiently clear that the essential aims of Socialism are justice and liberty.
Orwell saw very well how stifling democracy, especially opposing speech, to protect your cause leads inevitably to facism. He wrote about the Communists taking control of Spain
"The logical end is a régime in which every opposition party and newspaper is suppressed and every dissentient of any importance is in jail. Of course, such a régime will be Fascism. It will not be the same Fascism Franco would impose, it will even be better than Franco's Fascism to the extent of being worth fighting for, but it will be Fascism. Only, being operated by Communists and Liberals, it will be called something different.
Socialism: a lie told by totalitarians and believed by fools.
still, i think the only reason the US didn't grant them asylum was because they didn't want a scandal with the UK. if those people were from, say, lebanon, i'm pretty sure the story would've had a different ending..
I think the reasons for not granting asylum were threefold: First, because the US government didn't want to be seen as a bunch of complete idiots. Second, because they didn't want the fuckers in the USA. Third, because they didn't accept their bullshit reasoning for wanting asylum. They were just as persecuted in Britain as bank robbers and rapists are.
The Old Testament API was deprecated by Jesus' teachings.
You can still make the calls to the Leviticus module, but dont expect them to be supported anymore.
I believe in freedom of speech. There is a small risk that this could lead to anti-Semitism and violence, but there's a greater risk that censorship could lead to things that are as bad or worse. And I think that getting this out in the open is the best way to deal with it.
Don't the Brits still read Milton's Areopagitica and John Stuart Mill's On Liberty any more?
BTW, Simon Sheppard seems to have a case of arrested sexual development, even by Slashdot standards. http://www.heretical.com/sexsci/index.html Or maybe not by Slashdot standards.
Here's the Wikipedia entry http://en.wikipedia.org/wiki/Simon_Sheppard_(far-right_activist) and here's his index page http://www.heretical.com/main.html#directory I believe the British term is "nutter."
Northern Ireland is governed by the Northern Ireland Executive and Assembly. Except in matters of defense and foreign relations they are themselves responsible.
I piss off bigots.
I'm sorry, but you'll never convince me that "kill the queers" and "string up the niggers" is how we work out our differences peaceably. Peace only comes when we stop using such language.
I agree, but you're still wrong. Peace doesn't come when people stop using such language because of government oppression, it only comes when people stop using such language voluntarily.
First, hate speech is NOT outlawed in most of the world. It's only outlawed in a few western democracies ... The violence below the surface has existed for centuries before there were any laws about such things.
Nonsense. Historically and around the world, "hate speech laws" are nearly universal. Of course, in the more backwards countries and times, "hate speech" just means "anything that opposes the government or the preferred religion". And restrictions on speech are one of the primary causes of unrest and revolution.
A liberal (in the proper sense of the word, i.e. not authoritarian) democracy must first of all agree on tolerance. Without tolerance there is no hope for peace and good governance.
You're confusing tolerance and acquiescence. I tolerate lots of religions and defend people's right to practice them, but that doesn't mean that I can't tell them that I think Christ or Mohammed were frauds or draw them with bombs in their turbans if I so choose.
Besides, have you seen the vitriol that many conservatives and Catholics are heaping on liberals? Why should they have all the fun?
Can't keep your money and now you can't say what you think.
What freedom is left there?
It only figures that if blacks get the idea they're regularly getting verbally and physically attacked by whites, they're going to do the same right back.
And yes, you just exposed the fallacy of the "hate crime" ... It's not applied universally. Rather, it's a tool to try to combat perceived inequalities between "minorities" and white males. (Heck, even a white female can qualify as long as she can show it was a male of ANY race who attacked her. Women are minorities too, you know....)
The way things work in society today, it's really the white male vs. all others. And until we eliminate all the favoritism based one someone's race or ethnic background, we're probably stuck with things this way for a long time to come. (Everyone believes the white male is about the only one who isn't "owed" some sort of compensation or assistance, at least here in the USA -- and if the white male happens to be homosexual, he might STILL be able to claim a need for that extra help.)
Honestly, I think the single biggest thing that might eventually tear this down is inter-racial dating. When enough of the population is asked for their race and has to check-mark "mixed", then we'll reach a crossroads where it no longer makes sense to try to categorize people by race.