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Judge Issues Gag Order For Twitter

the simurgh writes with this excerpt from Reuters: "A British judge has banned Twitter users from identifying a brain-damaged woman in one of the first attempts to prevent the messaging website from revealing sensitive information. The ruling follows the publication on Twitter on Sunday of a list of celebrities alleged to have tried to cover up sexual indiscretions by obtaining court gag orders. The injunction, dated May 12 and seen by Reuters on Friday, includes Twitter and Facebook in the list of media prohibited from disclosing the information. It was issued in the Court of Protection in the case of a mother who wants to withdraw life support from her brain-damaged daughter. It prevents the identification of the woman and those caring for her."

154 comments

  1. Oh boy... by Retron · · Score: 5, Insightful

    If ever there was a way to get information out and about, trying to gag Twitter and Facebook is it! And once it's leaked, it's out there forever.

    1. Re:Oh boy... by plover · · Score: 3, Interesting

      The whole idea is really sad. The judge's order is basically "don't be a dick about this, we are trying to spare a family the additional pain of dealing with a bunch of idiots making death threats while they're already having a hard time dealing with the issue at hand."

      If they were celebretards, I wouldn't care as much, because they have practice in dealing with the media and idiots. But these are just ordinary people who are already having a hell of a bad time.

      --
      John
    2. Re:Oh boy... by MightyMartian · · Score: 5, Insightful

      Injunction laws are dead dead dead dead. Unless you're going to turn the UK into the Peoples Republic of China, the judge is wasting his time and everyone else's. Whether injunctions are good or bad is utterly and completely and now permanently irrelevant. A law that cannot be enforced is a pointless law and should simply be removed by legislators.

      The day is done. The Internet has made gag laws pointless. You might be able to go after British subjects who break the injunction, if you can figure out who they are, but the US has become so angry at the UK being used for libel tourism that the odds of any American-based site actually having to provide the identities of British subjects to a British court is extremely low.

      There's no solution here. The law has been rendered pointless. The British Parliament has dragged its heels about this for so long, despite demands that it start updating its injunction laws, and has basically made the whole thing pointless. Maybe that was the plan, don't do anything, let the Internet make the judiciary impotent and then shrug and go "Oh well, sorry 'bout that."

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    3. Re:Oh boy... by iamhassi · · Score: 1

      If they're not famous why are they trying to gag facebook and twitter? This is not the first brain dead girl to have the plug pulled, why are these people soooo special that anyone would care so much as to go on twitter or facebook and talk about it?

      And now I'm curious, along with probably a million other internet users, as to who this girl is. Anyone know yet?

      --
      my karma will be here long after I'm gone
    4. Re:Oh boy... by Anonymous Coward · · Score: 0

      And now I'm curious, along with probably a million other internet users, as to who this girl is. Anyone know yet?

      Sarah Palin

    5. Re:Oh boy... by MoonBuggy · · Score: 1

      If they're not famous why are they trying to gag facebook and twitter? This is not the first brain dead girl to have the plug pulled, why are these people soooo special that anyone would care so much as to go on twitter or facebook and talk about it?

      Because there are plenty of people who strongly, even violently believe that survival (even if the entire duration will be miserable, painful, or simply vegetative) is to be extended by all means possible. The family are having a tough time already, and if their names got out there then there's every chance that the forced survival brigade would come along making their lives, and whatever time the daughter may have left, even more unpleasant.

      It's really a no-win situation; the injunction is unenforceable and will irritate many (myself included) simply on principle, but the judge's heart was in the right place - it's basically a legal way of saying "Seriously, guys, don't be dicks.".

    6. Re:Oh boy... by Threni · · Score: 1

      > the judge is wasting his time and everyone else's.

      No he's not. He says don't post it; you post it, you get to go to jail. The information is still out there. But you're still in jail. You can stay out of jail by not posting it. Your choice.

      It's like saying laws against murder are stupid because everyone's got a knife or something.

    7. Re:Oh boy... by Anonymous Coward · · Score: 0

      Yes, but if they're going through such a hard time, why would they care about what's happening on twitter?

    8. Re:Oh boy... by compro01 · · Score: 1

      Were Michael and Terri Schiavo famous prior to the massive amount of bullshit (Protests around the hospital, death threats to both the husband and relatives, etc.) surrounding that incident? I sure as fuck wouldn't need that around me at a time like this.

      --
      upon the advice of my lawyer, i have no sig at this time
    9. Re:Oh boy... by Anonymous Coward · · Score: 0

      Yes, but if they're going through such a hard time, why would they care about what's happening on twitter?

      Because twitter will attract idiots like moths to a flame. The family won't care about twitter, but about the fools it brings to them.

    10. Re:Oh boy... by Anonymous Coward · · Score: 0

      Who's going to jail and where, when I'm in one country, my proxy's in another, Twitter's in the US and dumb ruling is in the UK?

      Do they extradite me to UK for this? Do they go after all forums where I could have posted forbidden names and all search engines that could find and cache my posts?

    11. Re:Oh boy... by HungryHobo · · Score: 1

      no it's stupid because UK gag orders aren't going to be applied to US citizens and if most of the userbase aren't gagged then everyone is going to hear anyway.

      As far as I know gag orders don't apply to 1:1 communication between people not named in them so you call your American friend on the phone or send him and email and he publishes it all, job done.

      the judge is wasting his time and everyone else's.

    12. Re:Oh boy... by plover · · Score: 3, Interesting

      There's no solution here.

      He wouldn't have to prohibit the publishing of the name. He could use social pressure instead.

      "The court orders that if the name of the woman is published, that the person who reveals the name will also be published, and they should be reviled by all civilized people."

      Imagine what would happen to the guy if he was outed to a group like /b/, and they decided he was scum. We've seen what happened to the woman who threw the cat in the garbage can. That public spanking didn't stop at national boundaries.

      Of course, John Smith might be a member of /b/, and might be revealing the name just for teh lulz. He might get spanked, he might not. But it's an approach we could consider.

      --
      John
    13. Re:Oh boy... by Threni · · Score: 1

      > As far as I know gag orders don't apply to 1:1 communication between people not named in them so you call
      > your American friend on the phone or send him and email and he publishes it all, job done.

      It would be inadvisable for a journalist to email someone if they want to avoid going to prison for contempt of court. I don't agree with these injunctions either, but you can't say that just because it's possible to put something on the internet that you can't attach a punishment to it. Bradley Manning is in the same boat; everyone can buy a paper and read stuff he's allegedly provided to Wikileaks, but the US government is hardly going to give up the concept of privileged information because of it.

    14. Re:Oh boy... by Anonymous Coward · · Score: 0

      So, someone's gonna spend as much resources to track down one who ratted out some brain-damaged girl's mom as they spent to track down one who ratted out the US Military. ... Right, and tomorrow it's gonna rain donuts.

    15. Re:Oh boy... by TapeCutter · · Score: 1

      If they're not famous why are they trying to gag facebook and twitter?

      Because they don't want to become famous by having their personal tradgedy plastered all over the internet.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    16. Re:Oh boy... by dryeo · · Score: 1

      What about British citizens? As the only British subjects left are people born in The Republic of Ireland before 1949 who did not claim any countries citizenship there can't be many left, probably only a few dozen if that.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    17. Re:Oh boy... by Anonymous Coward · · Score: 0

      The girls family are obviously a pack of cunts... seriously what are they hiding from?

    18. Re:Oh boy... by RoFLKOPTr · · Score: 1

      Right, and tomorrow it's gonna rain donuts.

      I don't believe you.

    19. Re:Oh boy... by cgenman · · Score: 1

      There are actually laws in the US to help prevent US citizens from falling prey to UK libel laws. The UK really needs to get its act together about libel. If the US is looking at you saying "you need to get your books in order man," then things have gotten pretty bad.

      And the idea of issuing a gag order for "Twitter" is amusing. Twitter Incorporated doesn't actually post anything. They might as well have thrown a gag order at British Telcom to prevent people from talking about it on their phones. If they wanted a filtering order, that might be different. I don't know that they have the authority to require a company to implement a filtering system. But a classic gag order on a common carrier is meaningless.

    20. Re:Oh boy... by JohnRoss1968 · · Score: 1

      I would love to know how he is going to put an American citizen in jail.
      the gag order may be valid over in the UK but it's not across the pond. Whats he going to do? Ban Brits from reading any facebook page that's not from the UK???

    21. Re:Oh boy... by JohnRoss1968 · · Score: 1

      What type?
      I love the ones with the crumbly stuff on the outside.
      Please tell me it will be those.....

    22. Re:Oh boy... by JohnRoss1968 · · Score: 1

      "It would be inadvisable for a journalist to email someone if they want to avoid going to prison for contempt of court."
      It would be inadvisable for a journalist to email someone if they want to avoid going to prison for contempt of court, unless they use a throw away email account.
      Fixed that for you.

      "I don't agree with these injunctions either"
      Sure doesn't sound that way to me.

      but you can't say that just because it's possible to put something on the internet that you can't attach a punishment to it.
      Sure I can, watch "Its possible to put something onto the internet without attaching a punishment to it" See that was easy.
      Seriously it doesn't matter if there is or isn't a punishment attached to it if you cant deliver on the threat of punishment.

      "Bradley Manning is in the same boat"
      Umm not even close. If you think that the UK government is going to spend the same time and resources on something like this, that the US Government spent on Manning PLEASE SHARE WHAT YOU ARE SMOKING. I want to be delusional too.

    23. Re:Oh boy... by JohnRoss1968 · · Score: 1

      Shhhh.
      Why does there always have to be someone who jinxes the Doughnut rain?

    24. Re:Oh boy... by julesh · · Score: 1

      You might be able to go after British subjects who break the injunction, if you can figure out who they are

      And if they've actually broken the injunction.

      Contrary to popular belief, an injunction cannot prevent anyone in the world from revealing information. In order to be prosecuted, you must also be shown to be aware that the injunction existed and applied to the information you were revealing (source). As none of the media discussions so far specify exactly who it is that is subject of this order, I do not know who it is I must avoid identifying. If I were to accidentally do so, I could not be held liable for the breach.

    25. Re:Oh boy... by Cederic · · Score: 1

      This doesn't use libel laws. This is a court order, transgression of which is contempt of court.

      I still don't see how it would apply to non-UK residents, but it's likely none of those know the lady's name anyway. Yet.

    26. Re:Oh boy... by RockDoctor · · Score: 1

      no it's stupid because UK gag orders aren't going to be applied to US citizens

      I'm sure that you'll called in to act as counsel for the first US citizen to be arrested and jailed (as a escape risk) on entry to the UK because of a post they re-Tweeted on FaceBook (or whatever they do with the poles) five years previously.

      Laws are laws and contempt rulings are contempt rulings. Twitbook or Facer's UK employees who decline to provide the appropriate information when requested to by the courts are themselves in contempt of court, and that should be enough information to identify someone with high probability, to get them put onto "do not fly out" lists.

      Collect "Sauce", "Goose", "Gander" and several "is" and a few other prepositions and so on ; rearrange the words for a common and appropriate idiom.

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    27. Re:Oh boy... by Schmorgluck · · Score: 1

      This idea goes against may principles on many levels but... I find it eerily compelling.

      --
      There's nothing like $HOME
    28. Re:Oh boy... by Schmorgluck · · Score: 1

      Idiots like you.

      --
      There's nothing like $HOME
    29. Re:Oh boy... by plover · · Score: 1

      This idea goes against may principles on many levels but... I find it eerily compelling.

      Me too. It's almost a form of vigilantism, but socially, not physically.

      There's one fact about peer pressure that's been ignored by our legal system, and that is it works. When some parent complained to their schoolboard that "my little Johnny shouldn't be ostracized just because he beat up little Timmy and took his lunch money", and some craven maggot on the schoolboard agreed with the defective parent, discipline in the school suffered. Some judge got in public hot water because he made a convicted thief wear a sandwich board that said something like "I swindled this business out of a thousand dollars" and parade down the sidewalk in front of the business for a day.

      Shame can be powerful, and we ignore it at our peril. And its becoming so rare that we honor those people who stand up and say "I did a bad thing, sorry" and forget that yes, they did a bad thing, and they really should be ashamed of themselves.

      Would it help in this case? I don't know, because I think the people who would threaten to harm this family believe wholeheartedly that they're on the side of God. They won't be ashamed of their actions. But a /b/ response would probably tend more to the harassment side, meaning people throwing chicken manure at them and stuff like that.

      --
      John
    30. Re:Oh boy... by Have+Brain+Will+Rent · · Score: 1

      Unless you're going to turn the UK into the Peoples Republic of China

      I think you're a bit late on that one - doesn't Britain already have something like 1 CCTV camera for every 3 persons? I bet even China isn't that monitored.

      Whether injunctions are good or bad is utterly and completely and now permanently irrelevant.

      There are all sorts of injunctions besides ones banning publication of information.

      --
      The tyrant will always find a pretext for his tyranny - Aesop
    31. Re:Oh boy... by HungryHobo · · Score: 1

      Sure but the same could be applied to ever being critical of the chinese government or breaking any insane law of any insane little tyranny while at home in your own country: if you ever go anywhere near china you might find yourself waking up with a hood over your head.

    32. Re:Oh boy... by RockDoctor · · Score: 1
      Do you know which countries you're going to be working in or visiting or passing through next year? 5 years? 15 years?

      20 years after I last visited the USofA and 15 years after deciding that I'd reject to option of going to work there ("Houston? With the Americans? You have got to be kidding! I quit."), there I am in Canada with a flight missed because of snowfall and my travel agents route me through America.

      China - yes, enquiries as to whether I'd work there with some Aussies and Canuks I worked with in South Korea. North Korea - yes, that's a near certainty, waiting on moving from theoretical studies to deciding exploration loci. Lybia - I missed the last job there because of being assigned to the Canada job. For Tanzania, the dates are firming up.

      It must be interesting knowing which continent you'll be working in twenty years in the future. I'd like to know which continent I'm going to be working on 20 days in the future. I hope to have been paid to go to the remaining three continents before I'm 70. Assuming that I live that long. Which you never kno$!"%"£$£"! [NO CARRIER]

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  2. 3... 2... 1... and cue the Streisand Effect by dotHectate · · Score: 2

    Now that it's banned on twitter, it'll be the number one trending topic.

    --
    Patience is a virtue, but haste is my life.
    1. Re:3... 2... 1... and cue the Streisand Effect by BitterOak · · Score: 1

      Actually, if you read the article, you'll see this wasn't merely an injunction, but something called a "super-injunction". This will no doubt give rise to something which will be called the Super-Streisand effect, in which every leaked name has a super-symmetric partner.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    2. Re:3... 2... 1... and cue the Streisand Effect by Cederic · · Score: 1

      If it was a so-called Super Injunction then the media would not be able to report that the injunction exists. The British media have mentioned a number of times that this injunction exists.

  3. Streisand effect away! by Anonymous Coward · · Score: 0

    Identify that brain damaged woman. It's for free speech.

    1. Re:Streisand effect away! by x*yy*x · · Score: 0

      Or what about if we save those situations to something like revealing bad companies instead of harassing people who already have hard time?

    2. Re:Streisand effect away! by hedwards · · Score: 1

      The issue is that the court is trying to prevent nut jobs from harassing the family about the decisions they make regarding end of life care. I don't personally agree with the notion in this case, however the intention of releasing the information is to harass the family rather than over legitimate free speech grounds. They could just as easily have a debate without releasing the names, the point of the names is to encourage people to contact the family in a vexatious way.

      The UK is much more strict about such things and celebrity are frequently able to get injunctions to block damaging reports there than we are in the US.

    3. Re:Streisand effect away! by MightyMartian · · Score: 1

      The UK was more strict. The government looks to be ready to reform the law, but I'd say that the willingness of British subjects to violate the law by the use of foreign websites means the government and the courts have literally had this power ripped from them.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    4. Re:Streisand effect away! by skywire · · Score: 2

      Ending the life of someone who was not dying is "end of life care"? You belong in an Orwell novel.

      --
      Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.
    5. Re:Streisand effect away! by Gordonjcp · · Score: 1

      Frequently these people are not alive in any meaningful sense of the term. Their bodies stay warm because it turns out that if you shoot nutrients straight into their veins and pump air in and out of their lungs at roughly a normal breathing rate, then most of the autonomous processes manage to keep some stuff going. You could cut their head off and they'd continue to "live" in the same way.

      I don't call that "alive".

    6. Re:Streisand effect away! by Anonymous Coward · · Score: 0

      Then the question is, how much is life extension worth/how much is it to sustain somebody who can't do it on their own? $10M for 20 years? for 1 year? for 3 months? I don't think i'll make $1M in my lifetime, and some people have been kept on life support for decades and costs like that.

    7. Re:Streisand effect away! by ZXDunny · · Score: 1

      Speaking as a member of the British National Health Service (in a medical capacity), I must say that this is a tad confusing. Although the family of someone in a persistent vegetative state will certainly be consulted as to their views on "pulling the plug," it is not a decision that is ever made by the family or even the closest next of kin - the medical team, following the Consultant's instructions will make that decision. I personally have been involved in end-of-life care in many cases like these and we have never, ever, allowed families to make these decisions. So why make the injunction to protect the family? They're not the ones ending someone's life. Although I suppose there's enough morons out there that will decide the family must pay for the NHS's actions... But again, I've never seen that happen either.

      --
      10 PRINT "SCUNTHORPE"(2 TO 5): GO TO 10
    8. Re:Streisand effect away! by Schmorgluck · · Score: 1

      Identify this Anonymous Coward. It's for free speech.

      --
      There's nothing like $HOME
  4. Pool by Manos_Of_Fate · · Score: 1

    We should start a pool for how long it will be until someone posts that info here. Of course, by the time we got it organized that will probably have already happened.

    --
    Isn't enough that I ruined a pony, making a gift for you?
    1. Re:Pool by Anonymous Coward · · Score: 0

      Just because we can, doesn't mean we will. Yes, I am more curious about the case. But a brain damaged woman hardly ranks amongst the worst of corporate misbehaviour. I would have to find a compelling reason that would justify outing the individual.

      In the case of a brain damaged woman, I would suspect the only people who are big on this issue are right-to-lifers. Not exactly they type of crowd I want to support.

  5. Ineffectual by design. by darknb · · Score: 1

    Well this bound to fail no doubt, but I think the judge already know this? From the article:

    "They (injunctions) depend really on people's willingness to follow the rules rather than any ability to force it on them," [intellectual property and media partner Keith Arrowsmith] told Reuters when asked about Twitter.

    So really the judge is just asking Twitter and Facebook very nicely to not talk about it. Ineffectual by design.

  6. Go ahead and post it here by Cito · · Score: 1

    I'll be sure it's on twitter, blogs, facebook, etc It's one thing not to do something out of your own judgement but it's more fun when someone uppity thinks they can control others and force them to conform.

    1. Re:Go ahead and post it here by artor3 · · Score: 2

      Yeah, let's mock those who have just lost a loved one, and expose them to threats of violence from those who think that withdrawing life support is immoral! That'll show 'em for wanting privacy in their time of suffering!

      Want to join me at a WBC funeral protest afterwards? You know, just to show those uppity conformists who's boss.

      [/sarcasm]

      If you really think mocking the grieving for wanting privacy is "fun" then you're a fucking sociopath. Unfortunately, portions of society have decided that trolling is hip, and don't seem to understand that antisocial behavior in "cyberspace" has consequences. A full crackdown with serious fines and maybe even jailtime would do society a load of good. Free speech has never covered harassment. Performing the harassment online with thousands of your buddies doesn't change a thing. Even in cases where it is covered by the first amendment, hurting people just to prove you can makes you absolute filth.

    2. Re:Go ahead and post it here by gweihir · · Score: 1

      If you really think mocking the grieving for wanting privacy is "fun" then you're a fucking sociopath. Unfortunately, portions of society have decided that trolling is hip, and don't seem to understand that antisocial behavior in "cyberspace" has consequences. A full crackdown with serious fines and maybe even jailtime would do society a load of good. Free speech has never covered harassment. Performing the harassment online with thousands of your buddies doesn't change a thing. Even in cases where it is covered by the first amendment, hurting people just to prove you can makes you absolute filth.

      I completely agree. To gang up on some people and rape them (figuratively speaking), just because you happen to disagree on an issue that is not yours to decide for them in the first place, is about as despicable as it gets.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  7. FSM! by MrQuacker · · Score: 1

    They must be trying to protect the identity of that lady at the Royal Wedding with the pastafarian hat.

    1. Re:FSM! by gweihir · · Score: 1

      There were pastafarians at the wedding? This may make me care about the wedding after all! Do you have a link?

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    2. Re:FSM! by Anonymous Coward · · Score: 0

      Looks like this is the picture http://www.venganza.org/wp-content/uploads/2011/04/noodlehat.jpg
      Context : http://www.venganza.org/

    3. Re:FSM! by Runaway1956 · · Score: 1

      WTF is a pastafarian? Pasta glued to a hat? Never mind, I don't really want to know. But, what wedding?

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    4. Re:FSM! by AliasMarlowe · · Score: 1

      WTF is a pastafarian? Pasta glued to a hat?

      Is this a troll, or genuine lack of knowledge?
      FYI, a Pastafarian is a member of the Church of the Flying Spaghetti Monster. Most of my family are Pastafarians when a religious affiliation is demanded. Otherwise they're either Brights or just plain atheists.

      --
      Those who can make you believe absurdities can make you commit atrocities. - Voltaire
    5. Re:FSM! by Archangel+Michael · · Score: 1

      Pastafarian is a worshipper of the false god FSM. We all know that the real god is Cthulhu

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  8. Someone needs a reality check by Pecisk · · Score: 1

    Information can't be stopped. If it's out, it is useless try to stop to spread it legally. If you know censors or TPTB, then it's another talk.

    --
    user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
    1. Re:Someone needs a reality check by DaveGod · · Score: 2

      It's only useless against those people who are both aware there is something to look for and interested enough to make at least some effort to find out.

      It won't help against pro-lifers who are already actively seeking out and going around harassing people. Other laws exist for dealing with these people.

      It will help against some of the more opportunist pro-lifers, not prone to go around harassing people unless it is brought to their attention that there is a potential victim living locally.

      It will help against the British tabloid Circus, which involves them hyping up (non-)stories and continually repeating and (re)creating "news" until the story is the story. Lack of identity means much less fuel for the hyperbole.

      It will help the mother go about her daily life in a relatively normal fashion, without every single person staring and making comments, because 99% of people have better things to do.

      Regardless, this is really a non-story. Injunctions against stating names are quite widely supported in the UK, especially when it is Joe Public and even moreso when a moral dilemma rather than to save some embarrassment caused from repugnant behaviour. The related-ish hot issue in the UK is the super-injunctions, which go so far to ban reporting the existence of an injunction, when we generally consider celebs who markets him/herself as wholesome while having affairs as fair game.

  9. Identify her, everywhere. by Weezul · · Score: 3, Interesting

    I'd fully support not identifying her. if there was no gag order, well pro-lifers are asshats. All over-broad gag orders must be defied.

    --
    The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
    1. Re:Identify her, everywhere. by Moryath · · Score: 2

      I fully understand the point of this order, after seeing the lunacy that happened in the US with the Terry Schiavo case.

      It helps nobody to have a gaggle of crazies showing up trying to hold a "protest" or worse yet, actually getting into the hospital room. All you get is the potential for a riot, or for someone else's needed care to be impacted because a bunch of idiots are getting in the way of hospital operations. But that's what would happen if news agencies or someone else puts the information out there.

    2. Re:Identify her, everywhere. by artor3 · · Score: 4, Insightful

      So you hurt people just to spite them? If someone asks you to hold the door for them, do you slam it in their face for not saying "please"?

    3. Re:Identify her, everywhere. by gabebear · · Score: 2

      Yep! I can be pretty damn spiteful!

      Not for little things like not saying please, but if someone tried to pass a law baring me from ever slamming doors I'd certainly try to slam doors in their face.

    4. Re:Identify her, everywhere. by Anonymous Coward · · Score: 0

      If they pass a law against mere speech instead of saying "please don't reveal"...

      You can be damned sure I'll go out of my way to cause any and all injury.

    5. Re:Identify her, everywhere. by Anonymous Coward · · Score: 0

      More people should. I just usually say, quite loudly, "you're welcome." It gets the point across and I hope it teaches them a lesson too.

    6. Re:Identify her, everywhere. by Anonymous Coward · · Score: 0

      OK, here I go: Sarah Palin

      Done.

    7. Re:Identify her, everywhere. by Anonymous Coward · · Score: 0

      your starting to understand now.

    8. Re:Identify her, everywhere. by Weezul · · Score: 3, Insightful

      Free speech is infinitely more important.

      It wasn't a free speech issue until the judge granted the gag order, just an "oh yeah pro-lifers are shit stains" issue. By applying for the gag order, the family created a free speech issue and painted targets on their foreheads. And yes I'd indirectly help people I loath do despicable things simply to make that point.

      England's ridiculous libel & public discours laws are archaic relics of their class system that have no place in the modern world.

      --
      The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
    9. Re:Identify her, everywhere. by eleuthero · · Score: 1

      As a Christian and someone who self-identifies as "pro-life," we recently had to deal with whether or not to unplug a relative. Most who are jerks about the process have probably not had to go through it--there are tensions on both sides. Are we playing God by leaving the person plugged in? Are we committing murder by unplugging? Where is the line? Harvard (and I can't find the link) has a good list of questions to confront when determining whether or not unplugging is ethical or not--and this is not (anymore) a Christian institution (in case you are put off by my original statement).

      We determined that "present normal level of care" was appropriate in our discussion of the situation (though at the last minute, the decision was thankfully taken from us)--would I have turned off the feeding tube in the Schiavo case a few years ago? I don't think I would have, but I wasn't there. With this said, there should definitely be a medical ethics board composed of members from different walks of life to approve such before any disconnecting is allowed (emotions run high and there should be a double check to any decision).

    10. Re:Identify her, everywhere. by Weezul · · Score: 1

      England's ridiculous libel & public discours laws & judicial precedents are archaic relics of their class system. And these injunctions they produce are a fundamental affront to modern civilized society.

      There simply aren't enough Terry Schiavo cases that anyone should give a shit. Yes, pro-lifers, the WBC, etc. are all assholes, heck a few are even dangerous. Fine, we should confront the pro-lifers in public.

      We should not perpetuate the insanity that protects companies like Hempel and Trafigura from media exposure while they're busy poisoning people.

      Do you prefer a couple silly Terry Schiavo cases or thousands of new cancer patients? That's the choice we're actually discussing here.

      There is a place for gag orders covering the parties, lawyers, especially lawyers, jurors, and witnesses involved in an existing criminal trial, as well as penalties for violating NDAs, but simply seeking a gag order against the whole world is beyond the pale.. and anyone who does so deserves to have it thrown back in their face.

      --
      The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
    11. Re:Identify her, everywhere. by Weezul · · Score: 3, Insightful

      This ceased to be about pro-life protesters, or even gun toting pro-lifers, the moment they applied for an injunction on people not currently involved in any related court proceedings. It's now only about the gag order.

      I think people should die whenever they damn well feel like it. If their brain has been fried badly enough that they no longer have any opinions about anything, then their family should decide.. and pay for the life support after some reasonable period. If there isn't anyone to decide, then the hospital should humanely terminate them, and spend it's resources on people with working brains.

      All that's irrelevant now though, British libel & gag laws are a despicable manifestation of that country's historical class system, originally designed to protect the toffs from the plebs papers. Yet, today they protect companies like Hempel and Trafigura who're busy poisoning people.

      --
      The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
    12. Re:Identify her, everywhere. by Moryath · · Score: 1

      We should not perpetuate the insanity that protects companies like Hempel and Trafigura from media exposure while they're busy poisoning people.

      Ok, please stop smoking crack.

      FTFA: "The injunction, dated May 12 and seen by Reuters on Friday, includes Twitter and Facebook in the list of media prohibited from disclosing the information.

      It was issued in the Court of Protection in the case of a mother who wants to withdraw life support from her brain-damaged daughter. It prevents the identification of the woman and those caring for her."

      So, in a family court case, where there is a brain-damaged person whose condition the family feels is irreversible, the court has applied an injunction to prevent the leaking of information that would inevitably lead to people harassing the family or the medical staff.

      How does this follow your "while they're busy poisoning people" line? Please do tell me.

    13. Re:Identify her, everywhere. by Anonymous Coward · · Score: 0

      I'd fully support not identifying her. if there was no gag order, well pro-lifers are asshats. All over-broad gag orders must be defied.

      As opposed to the utter asshattery of killing someone?

      Good fucking God, what's so bad about being pro-life?

    14. Re:Identify her, everywhere. by Anonymous Coward · · Score: 0

      If somebody denies there is a door, then sure I'd slam it in their face.

    15. Re:Identify her, everywhere. by Nyder · · Score: 1

      So you hurt people just to spite them? If someone asks you to hold the door for them, do you slam it in their face for not saying "please"?

      Yes, and I'll bet they'll remember to say please next time. Mainly if I'm the one holding the door.

      --
      Be seeing you...
    16. Re:Identify her, everywhere. by Weezul · · Score: 1

      Umm, Hempel and Trafigura are chemical corporations that've used the exact same gag order system to silence environmentalists, not parties to the present case. In fact, they were given much stronger injunctions :

      http://en.wikipedia.org/wiki/Trafigura#Super-injunction

      There are even now "hyper-injunction" that does nothing but limit the public's ability to influence parliament while still granting the company full access.

      There isn't any effective legal way to distinguish between the evil injunctions sought by corporations vs. the harmless injunction sought here. In fact, U.K. judges already reject many evil gag orders by companies like Trafigura, but they cannot block them all with such twisted legal precedent. And even one does infinitely more damage than hundreds of Terry Schiavo cases.

      We should therefore out all the subject matter of all injunctions that go beyond parties to a criminal case, or even that pertain to parties to a libel case, as a matter of principle.

      --
      The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
    17. Re:Identify her, everywhere. by Anonymous Coward · · Score: 0

      Free speech is infinitely more important. [...] By applying for the gag order, the family created a free speech issue and painted targets on their foreheads. And yes I'd indirectly help people I loath do despicable things simply to make that point.

      You don't even understand what free speech means but you're willing to hide behind it in order to torment a family in distress. You're insane.

      They didn't bring this on themselves. They didn't make the rules which they need to use to protect themselves. They're in an appalling situation, they're just doing their best to get through it and, frankly, this is a perfect demonstration of why gagging orders were created.

      Picking this fight will only strengthen public support for this legislation. You harm not just this family but your own cause if you breach this ruling. You're an idiot.

    18. Re:Identify her, everywhere. by Cederic · · Score: 1

      As opposed to the utter asshattery of killing someone?

      As I understand it, they aren't going to kill anybody. They're merely not going to continue to artificially extend life.

      There's a big difference.

    19. Re:Identify her, everywhere. by Kijori · · Score: 1

      "Infinitely" more important is a very strong classification indeed. If free speech truly is infinitely more important than another right then it must be an absolute right; that is, it could never be permissible to put a restriction on what a person can say no matter how trivial the desired speech or how serious the consequences. With respect, that is a difficult position to defend. There are some occasions where the value of the speech is negligible while the consequences are enormous - in some cases death. Stating that freedom of speech must always prevail is a retreat to formalism.

      There is, I think, a larger question: why do we value free speech? What is its purpose? Why is it so important? I would suggest that the importance of free speech comes from the need to be able to debate issues of public importance; to identify hypocrisy or untruth; to allow a free dissemination of information that is valuable to society. There are no doubt other reasons as well.

      The question that is then invited is whether or not it advances any of the aims of free speech to allow the publication of the name of an individual involved in these sort of proceedings. There is no harm to public debate - the person's name isn't an issue, the underlying principles are. There is no allegation of misfeasance or dishonesty or the withholding of valuable information. I struggle to see any interest that the public has in knowing the name of this person. On the other hand, there is a significant interest in keeping it private: disclosing her identity is likely to lead to threats, intimidation or potentially even violence from people who disagree with her decisions. Where the reasons for the primacy of free speech do not apply and there is, in fact, a significant danger in allowing the disclosure, the "archaic" approach would in fact be to prefer freedom of speech no matter the circumstances - a legal formalism that is long outdated.

      I'm not sure what you mean when you bring up libel and "public discours[e] laws" - this has nothing to do with libel and I have never heard a body of law referred to as "public discourse" law. I haven't read the judgment but I suspect this was claimed under the tort of disclosure of confidential information. I do not follow your logic in saying that this tort is a remnant of the class system - but I am not a legal historian and would be interested in your reasoning.

    20. Re:Identify her, everywhere. by Anonymous Coward · · Score: 0

      Good fucking God, what's so bad about being pro-life?

      The fact that the group runs around talking about *all* life being sacred, while killing those that they deem are not pro life?

    21. Re:Identify her, everywhere. by Anonymous Coward · · Score: 0

      If they say "hold the door open or I'll throw you in jail and fine you £xxx", of course I would.

    22. Re:Identify her, everywhere. by Moryath · · Score: 1

      What you've made is an excellent argument for de-personing corporations, not for eliminating these sort of injunctions in cases where having a bunch of rowdy assholes show up would likely cause major problems for an entire hospital.

    23. Re:Identify her, everywhere. by Schmorgluck · · Score: 1

      I have news for you: such a law already exists: slamming a door in the face of someone is assault.

      Given there are laws against theft, property damage, fraud, murder, rape, etc I suppose you do all of that all the time, out of spite?

      --
      There's nothing like $HOME
    24. Re:Identify her, everywhere. by Schmorgluck · · Score: 2

      This is not a free speech issue, because the identities of these persons is not an opinion, nor an information that bears anything remotely resembling a matter of public interest. As such, it's not protected speech.

      By your reasoning, what course of action should this family have followed to prevent harm from being done to them? Publicly threaten to track down and kill the person who'd out them? Is that your idea of civilisation?

      And I firmly suggest that you refrain from saying you can't harm people with speech: you'd end up looking even more as a fool than you already are.

      --
      There's nothing like $HOME
    25. Re:Identify her, everywhere. by Weezul · · Score: 1

      I'd agree that "corporate personhood" yields numerous "bad things", but corporations are owned and made up of people. Ergo, you need some alternative legal theory to gain acceptance, which might take a while. How long have people been campaigning for IRV?

      If you nixed corporate personhood for speech abridging cases, you'd still face issues like the union for the chemical workers asking for an injunction "on behalf of the employees blah blah" when in-fact the company just asked them to.

      There are otoh strong free speech laws in the U.S. that work just dandy for most situations. At the same time, there is a strong movement towards libel reform in the U.K. and considerable foreign pressure to stop libel tourism there. And foreigners spitting this judges gag order back in his face will help push that along.

      If we ignore the corporate malfeasance, we'll still find reprehensible gag orders on behalf of politicians and business men. I'd frankly rather they outed people like Ted Haggard than worry about Terry Schiavo anyways.

      Btw, U.K. police employ rather despicable tactics that pretty effectively prevent demonstrations from actually inconveniencing anyone important, presumably a hospital could get the protestors contained pretty easily.

      --
      The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
  10. Information like this shouldn't be banned... by Tangential · · Score: 1

    Information like this shouldn't be banned...It isn't going to work.

    A better approach would be to ignore or scorn those who would post such personal information about something that is purely a painful family issue.

    --
    Suppose you were an idiot. And suppose you were a member of congress. But then I repeat myself. -- Mark Twain
    1. Re:Information like this shouldn't be banned... by 99BottlesOfBeerInMyF · · Score: 2

      Information like this shouldn't be banned...It isn't going to work. A better approach would be to ignore or scorn those who would post such personal information about something that is purely a painful family issue.

      I don't think your definition of "work" and the judge's definition are the same. No one expects that this info won't be made public on the internet. By issuing a gag order, however, the judge provides legal leverage to prosecute or legally disadvantage dickheads who are harassing this family. What we have evidence you got your religious friends across the pond to post this info in defiance of UK law? Guess who's church is now classified as a criminal group collaborating with foreign religious extremists to undermine the lawful authority of the commonwealth?

      Mind you, I don't particularly support the legal system to undermining the basic right of free expression, but at the same time if these people are claiming the legal protection of the law for themselves, they have to acknowledge that just because a law is not practically enforceable does not mean they won't be punished for breaking the law or encouraging those beyond its reach to do so. And in the end that may be enough to at least quash some of these religious nutjobs and keep them from harming innocent people in their attempt to force their own religious beliefs on others.

    2. Re:Information like this shouldn't be banned... by gweihir · · Score: 1

      Information like this shouldn't be banned...It isn't going to work. A better approach would be to ignore or scorn those who would post such personal information about something that is purely a painful family issue.

      I don't think your definition of "work" and the judge's definition are the same. No one expects that this info won't be made public on the internet. By issuing a gag order, however, the judge provides legal leverage to prosecute or legally disadvantage dickheads who are harassing this family. What we have evidence you got your religious friends across the pond to post this info in defiance of UK law? Guess who's church is now classified as a criminal group collaborating with foreign religious extremists to undermine the lawful authority of the commonwealth?

      Exactly. You cannot prevent people from being intrusive wastes-of-space. That would require censorship and censorship is neither desirable, nor works anymore today. But you can make it possible to kick them painfully afterwards.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    3. Re:Information like this shouldn't be banned... by Anonymous Coward · · Score: 1

      >And in the end that may be enough to at least quash some of these religious nutjobs and keep them from harming innocent people in their attempt to force their own religious beliefs on others.

      If Britain wants to worry about religious nutjobs, they can start with the Muslim extremists who have been immigrating in droves.

      In before I get modded "Troll" by someone who has no substantial counter-argument.

    4. Re:Information like this shouldn't be banned... by burne · · Score: 1

      A better approach would be to ignore or scorn those who would post such personal information about something that is purely a painful family issue.

      I'd guess you've never had to deal with the British press. I'd like to use the occasion to offer you earplugs, a ball-gag, a large amount of your favourite lube and copious amounts of a benzodiazepine-derivative. Might give you a fighting chance to survive the ordeal.

  11. Oh dear, the legals just don't get it do they. by Viol8 · · Score: 0

    Those bewigged fossils in the law courts really are living in a different age. Someone needs to give the poor things a crash course on what the internet is and how it works. I realise the sort of people who studied law are usually the sort who think using a pocket calculator is major techno kudos but it really is time they dragged themselves into the late 20th century, never mind the 21st.

    1. Re:Oh dear, the legals just don't get it do they. by Livius · · Score: 2

      Not everything is a matter of what is or isn't legally enforceable. The injunction makes a statement that disclosing the information is unfair to the people already victimized by the situation and just plain wrong.

      That's the judge's opinion and not an absolute truth, but coming from a professional judge representing the community at large who has first-hand information on the subject matter, people are on notice that they're anti-social jerks if they defy the order without some kind of compelling reason. Note: making the point that the technology can't be stopped is not a compelling reason.

    2. Re:Oh dear, the legals just don't get it do they. by Viol8 · · Score: 0

      No, all this injunction does is make the law seem an ass. They might just as well do a Cnut and make a ruling that its illegal for the tide to come in. Creating a ruling that does nothing except make people point and laugh at the judge who made it brings the whole legal system into disrespect.

    3. Re:Oh dear, the legals just don't get it do they. by gweihir · · Score: 4, Insightful

      Entirely wrong. This also prevents newspapers and TV from reporting that this issue was on Farcebook or Twitter.
      I also gives explicit moral support for the family affected that they are right in not wanting to have this dragged out in the open.
      My guess is the judge in question knows exactly what he is doing and what effects it will have. I applaud his decision.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    4. Re:Oh dear, the legals just don't get it do they. by belthize · · Score: 3, Insightful

      Laws don't prevent anything, just because somebody wrote somewhere 'Thou shalt not kill' has no bearing on your ability to kill.

      The use and appropriateness of injunctions doesn't change as a function of technology and the injunction will in fact have an effect; it will deter some people, the
      fact that it won't deter 100% is immaterial. The real problem is the exposure created by the injunction. That exposure only exists because it was the first injunction (according the author) that explicitly referenced twitter. The 2nd, 3rd or 100th time there's an injunction explicitly referencing twitter nobody will talk about it and the injunction will have roughly the same effect as it would have 20, 40 or 80 years ago.

    5. Re:Oh dear, the legals just don't get it do they. by tchernobog · · Score: 1

      You are insulting the legal system in a full-fledged attempt to mockery, but I can't read any rationale among your words why you are doing that.

      If you just criticize them, and don't explain why you are doing it (I'm sorry, it is not obvious to me), then you are trolling.

      Your reply to Livius below doesn't help to make things clearer.

      It'd be time for some people to learn how to argument their positions, instead to spit venom on anything moving nearby.

      --
      42.
    6. Re:Oh dear, the legals just don't get it do they. by Livius · · Score: 1

      People are judged on their actions in a way that the tide is not.

    7. Re:Oh dear, the legals just don't get it do they. by Hazel+Bergeron · · Score: 1

      Since injunctions like this have existed for all of the past 15 years of popular Internet and have worked at minimising information spread in the UK without anyone being up in arms... I'd say the law is effective.

      Sounds like you just have something against people "who studied law", though, which is a bizarre appeal to ignorance. Established law mostly adapted to the Internet quite well, as is the way with common law systems. It's new legislation lobbied for by special interests with a good knowledge of the Internet which has damaged things, from the pressure which produced the IWF all the way to the draconian DEA.

    8. Re:Oh dear, the legals just don't get it do they. by grahammm · · Score: 1

      In practice, how is it going to work? If Joe Public knows or sees "X", unless the court publishes the very information which the injunction is trying to prevent being published, how is he to know that the particular fact "X" is the one covered by the injunction? Or does the injunction prevent any discussion or mention of any brain damaged people just in case the person is the one covered by the injunction?

    9. Re:Oh dear, the legals just don't get it do they. by Anonymous Coward · · Score: 0

      >Note: making the point that the technology can't be stopped is not a compelling reason.

      Note: arbitrarily saying something you disagree with "isn't a compelling reason" doesn't suddenly make it not a compelling reason.

      HTH HAND

    10. Re:Oh dear, the legals just don't get it do they. by Anonymous Coward · · Score: 0

      Cnut did it to prove to his sychophantic flunkies that he was not all-powerful. Not that such a thing wouldn't be a good thing to prove to this judge.

    11. Re:Oh dear, the legals just don't get it do they. by mjwx · · Score: 1

      Laws don't prevent anything, just because somebody wrote somewhere 'Thou shalt not kill' has no bearing on your ability to kill.

      What a very odd definition of "law". What planet do you live on where laws work like that?

      Laws do prevent crime, they prevent it by providing a disincentive to commuting an act. A law is written "if you kill, you will go to jail" not "Thou shalt not kill". A written law must define an act and a punishment. It is the risk of that punishment which prevents crime.

      Now a law that is not enforced (I.E. no punishment is applied), that is completely ineffective.

      it will deter some people, the fact that it won't deter 100% is immaterial

      So punish those it does not deter, as I said above, a law is only effective if it is enforced.

      During an ongoing court case, maintaining the privacy of the accused is paramount to a fair trial. Even if they are guilty as sin, they deserve to have their trial heard fairly. I assume you dont disagree with this.

      Now the media is well known to be very biased and unfair when dealing with almost anything. Excess media attention can alter the outcome of a trial, even to a point where an unjust decision can be made to appease the media as was the case with Lindsey Chamberlin.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    12. Re:Oh dear, the legals just don't get it do they. by belthize · · Score: 1

      They don't prevent, they dissuade. As I said, laws have no bearing on your ability to commit a crime. A metal detector is a form of prevention, a law that says you can't carry a gun into an airport does not actually prevent you from doing it.

      The rest of your post seems to be restating what I said, you somehow misread my point by misconstruing the nuance about prevent. The GP was saying the injunction would have no effect because it didn't actually prevent the transmission via Twitter. My point was it would because like any law it acts to dissuade.

    13. Re:Oh dear, the legals just don't get it do they. by mjwx · · Score: 1

      They don't prevent, they dissuade.

      By dissuading they prevent it. You're next statement would add wieght to that, if it were not based on bad assumptions.

      As I said, laws have no bearing on your ability to commit a crime

      Actually they do, law changes the likelihood of a person commuting a crime. The fear that they will be fined or jailed for doing so, this is an effective motivator. This motivation is a good prevention mechanism.

      A metal detector is a form of prevention,

      A metal detector will not stop you from carrying a gun into an airport. You have this a bit backwards.

      Just so you're 100% clear on this, a metal detector is a form of detection (surprise, surprise) not enforcement or prevention.

      a law that says you can't carry a gun into an airport does not actually prevent you from doing it.

      This is what stops you, a metal detector does no such thing, as evidenced by the security guards which walk through them with firearms attached to their hip (in Australia, Federal Police agents must walk through the metal detector, cutting around it is illegal).

      What stops the average Joe from walking into the airport with a firearm is the knowledge that the law will punish them for doing so. The aforementioned Australian Federal Police officers will stop him, charge him and the justice system will punish him. This thought is what prevents Joe from thinking about taking a firearm through an airport security station. If not for the law, the justice system would not be able to do anything, the AFP would merely be thugs.

      You seem to be stuck on the wrong idea that the law or the consequences of breaking them does not decrease the likelihood that someone will commit a crime, where as in reality it does because a potential criminal knows they will be punished for breaking that law.

      The rest of your post seems to be restating what I said,

      That is because you continue to hold on to this bad belief that the law is not effective at curbing crime, where as you admit that it is dissuasion but insist that this is different to prevention. If this were true, laws would have no effect on crime what so ever.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
  12. Taste and Classless by Anonymous Coward · · Score: 0

    So, we have a highly personal life and death situation between a mother, her brain-damaged daughter, and the medical staff who are directly involved.

    Short of any of those individuals posting something about this to twitter, how the fuck is this 1) anyone elses business, and 2) why is it being used as a free speech case against twitter, and the Internet*?

    Are they really using the above medical scenario to try and pass precedent for a favorable outcome on a untouched technical meets speech legal arena? This smells of someone trying to get a 'trial case' through with a favorable ruling so that future cases can compound on it, stifling to a degree, free speech (yes, I know it's Englnd..). Tasteless and Classless indeed!

    1. Re:Taste and Classless by oldredlion · · Score: 1

      "how the fuck is this 1) anyone else's business, and 2) why is it being used as a free speech case against twitter, and the Internet" 1) - No idea 2) - Because we don't know which side wants the injunction. For all we know, it could be the Medical staff who want this kept quiet and the mum who wants people to know.

  13. Pulling the plug by Anonymous Coward · · Score: 0

    If there are a lot of people who have a problem with life support being pulled (hence the reason for the banning?), maybe they can help accrue the funds to help it continue. I'm sure it was very difficult for the family to consider. Or does the public just want to complain/see a hanging?

  14. I've had to make this decision by Anonymous Coward · · Score: 4, Insightful

    I've had to make a decision to remove extraordinary medical treatments from my father. It was not easy, but it was his wish. I discussed it with other members of the family. I only regret that his body lived for 3 more weeks before he died. I wish we could have ended his life quicker, pain free. He wasted away. I could be more humane towards a dying animal than towards my father. That's just sad.

    I'd hope that my family would choose similarly if I ever need this decision made about me. I'd want them to have closure and move on as best they could. A quick death would be appreciated when the time came.

    I'm certain the judge and the petitioners thought they were doing the best they could by asking to block this information publication. It shows little understanding of the web and internet.

    I will not attempt to find out who this was. Sure, I'm curious, but my humanity tells me to leave these people alone.

    Religious fanatics - screw you. This is real, not some imaginary friend you can "prey" to for wishes to come true.

    A few weeks ago, my Aunt died and I expect my mother to pass away in the next year or so. She is ready and has made her wishes known to me and the other family members. I'm certain that a few will want to do everything they can to prolong her suffering. That is not her wish.

    Have this discussion with your family. Having your wishes in writing helps, but they can overrule those at the time. Have the talk before it is too late. Don't leave them guessing. They will wonder for the rest of their lives and it can eat away at them if there's any doubt.

    1. Re:I've had to make this decision by Anonymous Coward · · Score: 0

      "I'd hope that my family would choose similarly if I ever need this decision made about me. I'd want them to have closure and move on as best they could. A quick death would be appreciated when the time came."

      Not trying to be a jerk, but sometimes you need to take care of these things yourself. I'm planning to, should the day ever come where I'm facing my last days in pain/suffering. There's just some shit that isn't worth living through. Or, I hear that heroin is a pretty wicked trip and kills pain, to boot. If these are your last says, why the hell not give it a try? You certainly won't have to be concerned about addiction.

    2. Re:I've had to make this decision by UBfusion · · Score: 1

      Posting as an AC shows you have a good understanding of the internet and an even better understanding of the universe.

      Rest assured we all constantly wonder for the rest of our lives and doubts surely are eating us away - it's called the human condition.

    3. Re:I've had to make this decision by Anonymous Coward · · Score: 0

      Re: "religious fanatics". You have given none of the specifics of your father's case, which is understandable. Only you know just what kind of treatment he had been receiving (basic nutrition, dialysis, etc) and what kind of biological activity was still going on. It is clear that the facts as you have stated them (ie, that because of your own actions you watched your own father waste away and die for three weeks) have left you a deep wound.

      Rather than simply lashing out at "religious fanatics", you may find some reconciliation in taking a level-headed look at what these people actually believe, and why. Catholics (for instance) have always held that death is the natural end of human life, and in many situations simply to be accepted rather than life artificially and burdensomely prolonged.

      I hope that with time and understanding the pain of watching your father's prolonged death may be healed.

  15. Since when... by SailorSpork · · Score: 1

    ...were Twitter and Facebook "media?" The point of a gag order on a media agency is that you can tell a group of a few individuals who adhere to a common code of conduct not to do something. That just doesn't work when you tell a massive group of millions of people who don't read or know of the existence of certain gag orders not to do something.

    1. Re:Since when... by artor3 · · Score: 1

      The people who don't know about the gag order won't be in a position to violate it by accident. Those who do know the name, are now banned from releasing it through any medium. They can't post it on Twitter and then come back and say "oh, well, the gag order only applied to newspapers!"

  16. I don't understand by BigBadBus · · Score: 1

    Since how can a British judge have jurisdiction over a US Company? Are the Twitter uses going to be polled on whether they are Brit or not, and if they, pre-emptively slap their wrists with a harsh cry of "Don't eye try it, matey!"

    1. Re:I don't understand by gweihir · · Score: 1

      If they are now or in the future doing any business in the UK, then there is jurisdiction. As their websites can be accessed from the UK and there is advertising revenue generated from that, the issue is quite clear. Enforcement is a different issue, but this comes with personal liability (if I understand this right), so any company official traveling to the UK could face arrest and a sentence if they are in violation.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    2. Re:I don't understand by MightyMartian · · Score: 1

      Congress has taken steps to prevent American courts from being used as enforcers of Britain's libel laws, because those laws are so outrageous and unfair and so often for the purposes of libel tourism. I think the day of Britain's laws in this regard are now numbered. No one actually believes a British judge can have a hope in hell of making Twitter do anything.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    3. Re:I don't understand by ObsessiveMathsFreak · · Score: 4, Interesting

      The British Judges issuing these "super-injuctions" have been out of control for some time.

      Recently, they've begun issuing so called "hyper-injunctions, where not only are you not allowed to reveal details of the matter, and not only are you forbidden from revealing that you are forbidden from reveal details of a matter, you are further forbidden from talking to any journalist or even your own MP about the matter or the fact that you are unable to reveal details of a matter.

      When one of these injunctions was revealed by an MP speaking in parliament, the judges attempted to prevent newspapers from publishing the proceeding of parliament. (Like the spineless curs they are, the British press immediately capitulated). The matter caused quite a todo, but instead of reforming the system, the judges invented hyper-injunctions instead.

      Basically, the British judges are out of control. And the judges are the problem here. No sensible judge concerned with the dignity of his office would issue such a ridiculous gag order for twitter users. It's barely one step above ordering people to stop gossiping in pubs. Ordering around citizens from other countries is hardly a major move by comparision.

      It would be interesting to figure out why the judges are behaving like this, particularly in England, where judges are renowned for issuing decisive judgements and setting common law precedent. While I know little about it, I'm going to pre-emptively blame whatever pro-business, anti-justice legal philosophy that has been promoted over the last 30 years in law schools, until I see evidence to the contrary.

      --
      May the Maths Be with you!
    4. Re:I don't understand by AxeTheMax · · Score: 1

      Basically, the British judges are out of control. And the judges are the problem here. No sensible judge concerned with the dignity of his office would issue such a ridiculous gag order for twitter users.

      It should be 'some British judges are out of control', and it is about more than the dignity of their office. To forbid someone from talking to their member of Parliament on any matter that concerns them is, to me anyway, interference with the functioning of Parliament. The proper action here would be for the House of Commons to impeach the judge responsible. Will they do so, given that MP's have slipped into a well established role as lobby fodder rather than the supreme authority in the land that they should be, is another matter.

    5. Re:I don't understand by Anonymous Coward · · Score: 0

      It's mostly one judge, with some slightly less insane stuff by another judge.
      The rest is very junior judges being presented with a request for an injunction late at night, and playing it safe and letting the two parties fight it out in the morning.

      The former is the downside of over-specialisation of judges - you get to a point where they is only one judge who gets cases of a particular sort, and for a long time, the law as written is merely a set of guidelines to the formation of the law as that one judge wants it to be.

      The latter is the result of a complete lack of consequences for judicial incompetence. (As, to some extent, is the former.)

      This one appears to fall into the category of the latter, perhaps without the 'late at night' part.

    6. Re:I don't understand by Anonymous+Brave+Guy · · Score: 1

      Britain's libel laws, because those laws are so outrageous and unfair

      You think it's outrageous and unfair that the details of a family making a private decision in the best interests of a suffering patient under tragic circumstances should not be revealed on a widely-read public forum for the benefit of religious nutjobs who might express their disagreement through violence?

      Free speech is not an absolute right anywhere that I know of, and this sort of case is one reason why. The fact that the Internet makes it more difficult to enforce this law does not make the ruling any less appropriate.

      Actually, I think the reaction here on Slashdot is rather sad. It's like there's a knee-jerk "we deserve to know, you can't silence the Internet, free speech is more important" response whenever a story like this comes up. And it's like the people saying don't realise how wrong they are, on all three counts.

      (After recent events, I find it staggering that anyone still believes the Internet in its current, unregulated form as a haven for breaking local laws using international proxies is going to survive. It's a big network, but you're still paying real companies with legally accountable executives for access to it, and the major infrastructure they depend on is still provided by other real companies with legally accountable executives. If you don't think that makes the common guy vulnerable to serious legal retribution if the Powers That Be decide they don't like something, I invite you to look up the draconian powers that can almost certainly be used against you today if you are even accused of copyright infringement by a major media player and you live in pretty much any first world country. I would also remind you that entire countries have been disconnected from the Internet accidentally, simply by severing the wrong cable, and other countries have had their entire communications networks suspended by abusive governments in recent months. And of course, there are the plans that are no doubt already well under way post-Wikileaks to ensure that anyone who makes a serious attempt to set up an alternative infrastructure that can circumvent such harsh future rules can be "dealt with" before they escape to a neutral country.)

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    7. Re:I don't understand by Jah-Wren+Ryel · · Score: 1

      No sensible judge concerned with the dignity of his office would issue such a ridiculous gag order for twitter users. It's barely one step above ordering people to stop gossiping in pubs.

      Don't be silly, that's what ASBOs are for.
      OK, that's a gag, but this is real.

      --
      When information is power, privacy is freedom.
    8. Re:I don't understand by MightyMartian · · Score: 4, Insightful

      Don't get mad at me. Get mad at all those libel shopping celebrities and other assorted wealthy folks who have abused Britain's incredibly bad injunction system. You certainly don't see a lot of this behavior elsewhere.

      But no, it must be the Internet's fault that Britain's incredibly abused injunction system and the worthless brainless judges that have let it go on is now basically evaporating.

      I will not take the blame for this. The UK has a shitty vile unfair system and all of sudden because someone relatively innocent is caught in the net bad law, bad judges and lazy politicians, you think you have any right at all standing on some sort of high horse? This has been coming for a while, and despite repeated commitments to review the current system, the politicians refused to and the judges would know no restraint, and now it's dead. Dead dead dead dead dead. Get over it and get over your holier-than-thou attitude. I didn't kill it. The judges and the celebrities and the wealthy did.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    9. Re:I don't understand by Anonymous+Brave+Guy · · Score: 1

      The UK has a shitty vile unfair system

      So many people here are saying. The thing is, I've never really understood this. What does it matter that tabloid newspapers and celebrity wannabes are having a collective pissing match over things? If, for example, a serving MP were arguing strongly against gay rights while being a closet homosexual, there would be a legitimate public interest in the story. However, most of the time when people like professional sportsmen have taken out these injunctions, frankly I'm not sure there was any legitimate public interest argument in splashing their private lives all over the papers, unless they have made a point of playing on their celebrity in the media beyond their sporting role, which most actually don't.

      I'm not sure what you think I'm blaming you personally for and why your reply was so defensive. I am not attacking you personally, merely challenging your position. I, personally, believe that privacy rights are seriously undervalued in modern society, and the tendency to make everything public by default is going to bite us firmly in the ass with increasing frequency until we get it. Balancing privacy and free speech is a difficult challenge, but a vital one given that both subjects are so important. Unfortunately, a whole generation of digital natives has now grown up with Facebook and Twitter and mobile phones, in countries where the potential for widespread abuse has not been fully realised within their short lifetimes, and the awareness of why privacy matters has been eroded in recent years.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    10. Re:I don't understand by MightyMartian · · Score: 1

      One word: Trafigura

      UK's justice system has been so heavily abused that no one respects it any more. For law to function it must be respected. The British judiciary has brought the system into disrepute. End of story.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    11. Re:I don't understand by Anonymous Coward · · Score: 0

      Recently, they've begun issuing so called "hyper-injunctions, where not only are you not allowed to reveal details of the matter, and not only are you forbidden from revealing that you are forbidden from reveal details of a matter, you are further forbidden from talking to any journalist or even your own MP about the matter or the fact that you are unable to reveal details of a matter.

      Sounds like the PATRIOT Act.

  17. counter productive by theeddie55 · · Score: 1

    surely the only way to stop twitter users from posting the information is to tell every twitter user who they are gagged from posting about, otherwise someone could easily post it without knowing they are breaking the gagging order.

  18. Sure, whatever, DMCA, bitch. by VortexCortex · · Score: 2, Insightful

    Seriously -- The safe harbor provisions of the DMCA provide Twitter, Facebook, Slashdot, and any other user generated content providers protection against their users' blatant disregard for retarded orders such as these.

    Effectively, The Facebook or Twitter staff themselves can't release the info on their home pages / blogs / etc, but we, as users, can post whatever the hell we want (esp. in responce to a blog post by a Twitter or Facebook employee's saying that they have been gaged against releasing the information).

    It's the 1st amendment because it's the most important one -- they can't inhibit the spread of information if it wants to be free; To do so is unconstitutional.

    1. Re:Sure, whatever, DMCA, bitch. by Anonymous Coward · · Score: 0

      The US Constitution doesn't mean anything in British courts, neither does DMCA.

    2. Re:Sure, whatever, DMCA, bitch. by SlithyMagister · · Score: 1

      It's the 1st amendment because it's the most important one -- they can't inhibit the spread of information if it wants to be free; To do so is unconstitutional.

      Fortunately for the family in question, they live in the UK, not the US.
      The "right" to say what one pleases unfettered by the responsibility to do no harm, is itself harmful

    3. Re:Sure, whatever, DMCA, bitch. by angel'o'sphere · · Score: 1

      It's the 1st amendment because it's the most important one -- they can't inhibit the spread of information if it wants to be free;

      It is not the first because it is the most important one, it is the first because it was the first, rofl. Perhaps you don't know what the word amendment actually means? The original bill of rights did not have that "addition".

      angel'o'sphere

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    4. Re:Sure, whatever, DMCA, bitch. by gl4ss · · Score: 1

      what's more, twitter is affected by more than one constitution.

      anyways, how the fuck do you know you're not supposed to re-release information you found with google, without knowing the names and why in the first place? and these gagging orders do nothing against discussing it in a pub for example.

      so, anyone can try a modern book burning, but it just doesn't go well because of some fundamental reasons, it just makes it into an archived case for history. but 5 years down the line, nobody cares or remembers after scores of other cases just like it.

      --
      world was created 5 seconds before this post as it is.
    5. Re:Sure, whatever, DMCA, bitch. by Anonymous Coward · · Score: 0

      Seriously -- The safe harbor provisions of the DMCA provide Twitter, Facebook, Slashdot, and any other user generated content providers protection against their users' blatant disregard for retarded orders such as these.

      Effectively, The Facebook or Twitter staff themselves can't release the info on their home pages / blogs / etc, but we, as users, can post whatever the hell we want (esp. in responce to a blog post by a Twitter or Facebook employee's saying that they have been gaged against releasing the information).

      It's the 1st amendment because it's the most important one -- they can't inhibit the spread of information if it wants to be free; To do so is unconstitutional.

      you are the reason people look at US citizens like asshats... you dumb fuck, the 1st amendment only applies to the USA. You are the reason I lie and tell people I'm Canadian (instead of US) since I live abroad. Grow the holy fuck up and stop using the internet until you can get 5 cents worth of an education and stop making my life miserable over here.

    6. Re:Sure, whatever, DMCA, bitch. by Anonymous Coward · · Score: 0

      You are forgetting that the gag order in question does not apply to Yanks. Actually they say so in the referred article. And you also forget that the DMCA and the first amendment mean squat in the rest of the world. Try to understand that not all articles are about the United States of A

    7. Re:Sure, whatever, DMCA, bitch. by Chowderbags · · Score: 2

      RTFA. It was an order by a British judge. They don't have to care about the Constitution.

    8. Re:Sure, whatever, DMCA, bitch. by Anonymous Coward · · Score: 0

      The original Bill of Rights includes the First Amendment: Freedom of Speech, Press, Religion and Petition.

      You may be confused about the difference between the United States Constitution and the Bill of Rights?

  19. This superinjuction by jonfr · · Score: 1

    This superinjunction is only vaild in UK. Everywhere else it does not have any legal meaning. So it can save too be ignored if you are not in the UK.

    (Sorry for spelling errors. Firefox Spell check does not work on slashdot with the new comment boxes.)

    1. Re:This superinjuction by gmhowell · · Score: 1

      This superinjunction is only vaild in UK. Everywhere else it does not have any legal meaning. So it can save too be ignored if you are not in the UK.

      If all the Brits who had character or personal integrity hadn't headed for other shores (US, Aus, CA, etc.) over the past 300 years, maybe they'd grow a pair and ignore it in the UK, no matter the consequences. Of course, these spineless turds let themselves get shamed into dying in horrendous ways.

      (Sorry for spelling errors. Firefox Spell check does not work on slashdot with the new comment boxes.)

      Slashdot is broken. S^2D^2 for 10+ years.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
  20. Protection, not prevention by SlithyMagister · · Score: 5, Insightful

    The point of the order is not to prevent people identifying the family. This is a mistake common to law-abiding people -- thinking that a law or a court order prevents a behaviour. Such a law/order can never do so, however, it gives the people harmed by a breach of the law/order a legal remedy. "a lock only stops an honest man", however if a dishonest one breaks that lock, the crime is more severe than had he merely walked in through an unlocked door. Without the order, bringing attention to this family is merely reprehensible socially inexcusable behaviour, now it is a crime, and the might of the law can be brought to bear on those who ignore the order.

    1. Re:Protection, not prevention by TubeSteak · · Score: 2

      The point of the order is not to prevent people identifying the family. This is a mistake common to law-abiding people -- thinking that a law or a court order prevents a behaviour. Such a law/order can never do so, however, it gives the people harmed by a breach of the law/order a legal remedy

      Judges usually lift gag orders when publication has made the order moot.
      And really, who are you going to sue when a British injuction against an American company is violated by someone living in a third country?

      --
      [Fuck Beta]
      o0t!
  21. How many people RTFA??? by cyberfin · · Score: 1

    Seriously, it's not long, it'll only take a minute of your time.

    As far as the article I would really like to read documents relative to the gag order and the source of the news; as mentioned in a few comments, is this gag imposed on twitter itself or users using twitter (the twitters legalese is specific on the subject and knowing UK judges anything is possible). Also, is the gag order specific to UK users or does this judge think we still live in colonial times (I repeat: anything is possible).

    I could go on but as I was typing I stopped caring...

    --
    "I'm taking this loop off." - Jack O'Neill
  22. This is gonna be tough by soulsteal · · Score: 1

    From what I can tell, most Twitter users are brain-damaged. The writing alone will identify them immediately!

  23. "Gag Order" by Anonymous Coward · · Score: 0

    In the American (English) language, there are terms that suddenly pop up out of nowhere after not having been used publically for decades or ever. Now everyone is gonna use "Gag order" like it's common daily parlance. Same with Recession, a nearly fabricated word that suddenly got thrown around everywhere like nothing.

  24. Super-injunctions “your best publicity value by David+Gerard · · Score: 2

    Several tedious Z-list celebrities have demanded Twitter user @injunctionsuper post details of their tawdry and squalid lives too.

    [REDACTED] tweeted: "Rumur that I hv super-injunction preventing publication of 'intimate' photos of me n my bank account. NOT TRUE! Also, tits. FER FUXAKE PLS RT"

    The revelation that decent British people can read things on Internet services that aren't even based in the UK has left celebrities and politicians shocked, shocked that people actually have ways of gaining information that aren't filtered through the hamstrung UK print press. "Clearly," said minister for Culture, Communications and Creative Industries Ed Vaizey, "we need to protect our valuable pop music and football industries with a Great Firewall of Britain without delay."

    "In the modern world of the Internet, the secret or super-injunction may no longer be an effective tool in the administration of justice," said BBC legal correspondent Clive Coleman, in an attempt on the world record for fatuity.

    "We tried to bugger the Internet last year," said Peter Mandelson, "but did you listen?"

    A spokesman for Wikipedia suggested that journalists looking for space-filler stories just fuck off until August as usual.

    --
    http://rocknerd.co.uk
  25. learn to read instead of just jerking knees by IBitOBear · · Score: 1

    The "pro lifers" in the grandparent post are the people being gagged and the grandparent post the poster is decrying the fact that without such a gag order the the "pro lifers" would be trying to turn the personal and painful decision to terminate life support into a media and internet circus just like with Schivo (spelling?).

    So the poster you are criticizing is saying "yea, to give this family some peace I would support the court order" and you are what...? saying it is being mean to the people who would make this family's pain into political hay for their own gain to support a judge telling them to STFU?

    Your position would be spiteful indeed, except your post makes no damn sense.

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
    1. Re:learn to read instead of just jerking knees by psiclops · · Score: 1

      He was replying to the post titled "Identify her, everywhere." not Moryath (553296)'s Reply.

      The poster he was criticizing said that she should be identified everywhere solely because this gag order exists, despite completely understanding that identifying her is wrong and if there was no gag order then he would completely support their wish for privacy.

      --
      i spent five minutes thinking and all i got was this crappy sig
  26. Super injunctions are no longer made by Marcus+Green · · Score: 1

    Super injunctions are no longer made in English courts and none have been made for over six months.

  27. Parent read article by forand · · Score: 1

    He is saying that while he doesn't like the pro-lifers who may want to make the woman's death and how she is cared for into a show. I don't see why he would expect this in Britain (US ok but not Britain). The gag order is to stop people from harassing the family when they need to make decisions about how to care for their loved one NOT to protect some pro-lifers. So what is your point?

  28. It Actually Makes No Difference. by Anonymous Coward · · Score: 0

    I would argue that knowing her name means nothing to most people and that those who were compelled to know would have found out anyway. If anything, asking for "privacy" in this day and age is going to get you a lot more notoriety than just shutting up.

    @ajeynath

  29. Balls of brass by Stone2065 · · Score: 1

    I think that either the judge is so full of himself that he thinks that his "super-injunction" will carry weight past the UK, or he's on crack... the jury's still out. Personally, I could care less one way or the other. The thing that pissed me off is the sheer balls of this clown thinking that he can just arbitrarily gag websites that aren't even in the UK... he really needs to wake up and smell the coffee (or tea).

    --
    Stone
  30. Goodie by SmallFurryCreature · · Score: 1

    The UK will get right on it. The moment the US sorts out its insane patent laws, its copyright laws, respects international law on war crimes etc etc.

    Pot calling Kettle, come in Kettle!

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.