Slashdot Mirror
In the UK, a Few Tweets Restore Freedom of Speech
Several readers wrote to us about the situation in the UK that saw the Guardian newspaper forbidden by a judge from reporting a question in UK parliament. The press's freedom to do so has been fought for since at least 1688 and fully acknowledged since the 19th century. At issue was a matter of public record — but the country's libel laws meant that the newspaper could not inform the public of what parliament was up to. The question concerned the oil trading company Trafigura, the toxic waste scandal they are involved in, and their generous use of libel lawyers to silence those who would report on the whole thing. After tweeters and bloggers shouted about Trafigura all over the Internet, the company's lawyers agreed to drop the gag request.
I loved Stephen Fry's quote on this
It pays to be obvious, especially if you have a reputation for being subtle.
According to the last issue of Private Eye there are quite a few of these super-injunctions currently being enforced (i.e. injunctions that not only stop you from saying something, but stop you from telling anyone that you've been injuncted).
I'd like a few more of them to be twittered, at least so we know that something's being hidden, even if we don't know what it is.
(and I know injuncted isn't the right word, but I don't know what is)
British libel laws are a travesty. To the point where half a dozen US states, including California, have had to pass laws preventing UK libel judgements from inhibiting free speech. There is even a case at present where a Ukranian website is defending statements it made in Ukranian regarding a Ukranian company, but in a British court - as the penalties handed down in British courts are so heavy, and litigation costs so high, that it's financial ruin for a defendant to attempt to defend themselves, even if they are successful.
So much for free speech in Britain.
politicians are like babies' nappies: they should both be changed regularly and for the same reasons
The full report is also up on wikileaks, along with some background info.
http://wikileaks.org/wiki/Minton_report:_Trafigura_Toxic_dumping_along_the_Ivory_Coast_broke_EU_regulations%2C_14_Sep_2006
Hopefully this will motivate the courts and Parliament to do something about the problem of people coming to our country and using our courts to solve their petty grievances due to our ridiculous libel laws. The wikipedia article on libel tourism is particularly good in this regard. A lawyer on Newsnight (available on iplayer) last night listed the example of a Ukrainian business man who was suing a Ukrainian website for libel in the British courts under the justification that there happened to be some people in the UK who can read Ukrainian. This sort of stuff has simply got to stop. To help, sign the petition on the the no.10 website and the website 38 degrees is also running a campaign.
This case is (fortunately) nothing like the examples you give.
This was about a question in Parliament. i.e. Statements publicly made, by public representatives in a place where freedom of speech is protected to the highest extent in the UK. The statements were available to anyone who looked at the records.
The idiot lawyers then tried to prevent a newspaper from reprinting those statements, bringing into doubt the entire system of freedom of speech and press in the UK. (note to non-UK readers, there is no UK constitution to protect free speech).
The bloggers (and more importantly, pretty much every other part of the UK media) were entirely right to repeatedly report on the gross misuse of UK libel law.
Here's a counterexample.. two in fact.
20 years ago my motobike was not stolen, even after the thieves had laboriously sliced a chain and wired the ignition. Why? Because the engine would cut out within 10 seconds of starting, eventually they gave up and left. The engine cutting out was down to a obscure little security system I designed, built and fitted myself, killed the ignition for 2 seconds out of every 10 unless a magnet was held in the correct place as the ignition was turned on. The thieves probably never even suspected it was deliberate, they probably thought the bike was a lemon.. which is arguably true ;-)
My server, which has no open public SSH port.. Unless you know exactly where to look and when.
Both of these work because they are genuinely obscure single implementations. In order to break them the attacker would need to know that it exists, and then spend time analysing the unit to break it. Even if they know there is a hidden layer of defence, is the payout (a crummy motorcycle, control of my printer and access to my photos and porn collection) worth their time to break it?
The sort of Security through Obscurity you describe fails because it is identically implemented in millions of devices, ie. It is not really Obscure, it's just a secret. And if you break it in one place you break it in all places. The payout for finding and breaking it is much, much, greater.
"Oops, I always forget the purpose of competition is to divide people into winners and losers." - Hobbes
Twitter nothing. This morning they were threatened with being held in contempt of Parliament. That's when it dropped.
Cheers,
Ian
The Slashdot headline "restore" is wrong. England and Wales have never had freedom of speech. It cannot be "restored", it was never there.
We English and Welshmen value correctness above freedom. Now I'll readily admit that sometimes - often, perhaps - megacorporates and in particular the law firm Carter Fuck try to abuse the system so that they also prevent inconvenient truths from slipping out.
But would I want to live in a country where people can spread lies about each other with no legal redress? No. The problems with freedom of speech go way beyond shouting "Fire!" in a crowded cinema. England and Wales have always regarded responsibilities above freedoms; in this case, the responsibility to get the facts right.
The US gets many things right, and a few things wrong. The USA's bonkers bible-belt religious fundamentalism, for instance, would never be tolerated in England and Wales, as most of it is demonstrably factually incorrect. England and Wales would never suffer from a Kansas-style education system which promoted creationism over science. So, whilst I respect your country's achievements, please don't try to sell me "freedom of speech" as a cure-all. It's no more a cure-all than the snake oil which I understand your forefathers were so keen on selling in the days of your Wild West.
Andrew Oakley - www.aoakley.com