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Brazilian Judge Orders 24-hour Shutdown of Google and Youtube

_Sharp'r_ writes "Judge Flavio Peren of Mato Grosso do Sul state in Brazil has ordered the arrest of the President of Google Brazil, as well as the 24-hour shutdown of Google and Youtube for not removing videos attacking a mayoral candidate. Google is appealing, but has recently also faced ordered fines of $500K/day in Parana and the ordered arrest of another executive in Paraiba in similar cases." Early reports indicated that the judge also ordered the arrest of the Google Brazil President, but the story when this was written is that the police haven't received any such order (and an earlier such order was overuled recently). The video is in violation of their pre-election laws.

339 comments

  1. Pre-election laws by Mkaks · · Score: 2, Insightful

    Note that in this case it's about good censorship. Most countries on earth have these kind of pre-election rules to combat PR attack on the last hours of elections. Most sane countries have these laws. Since it's just 24 hours, it really just seems to ban it right before elections and is not some penalty on Google or Youtube. Google is intentionally breaking laws here and should be punished.

    1. Re:Pre-election laws by Anonymous Coward · · Score: 5, Insightful

      Don't you mean Google users?

    2. Re:Pre-election laws by Cornwallis · · Score: 5, Insightful

      Good censorship = censorship. Fuck you.

    3. Re:Pre-election laws by Mkaks · · Score: 1, Interesting

      So in your opinion you should be allowed to shout fire in a crowded theater, too?

    4. Re:Pre-election laws by 91degrees · · Score: 3, Interesting

      Yes, but libel laws, prohibitions on death threats, and prohibitions on publishing government secrets are also censorship. Censorship itself is just a label. Calling something that doesn't automatically make it bad.

    5. Re:Pre-election laws by Xtense · · Score: 2

      I disagree whether the censorship is good or whether good censorship actually exists. I understand the existence of pre-election silence laws (though I may not entirely understand why they're there in the first place - wouldn't it be better to be able to inform yourself about whom you might vote on no matter the period of the voting process? But that's beside the point), but in this case local laws are used to enforce upon content hosted outside the country, which just isn't acceptable. You could make the tired argument that THE INTERNET DOES NOT WORK THAT WAY, but what actually bothers me is that the lawmakers have no idea what it actually is - i mean, what's to stop me from uploading the same video to every other video hosting site out there (other than personal convenience of course)? The Internet is NOT tv. The Internet is NOT radio. The Internet is NOT a centrally-governed and representable entity. Don't like it? Don't participate.

      --
      "We are the music makers, and we are the dreamers of dreams [...]."
    6. Re:Pre-election laws by N1AK · · Score: 4, Insightful

      I'm yet to speak to someone who spouts nonsense about all censorship being wrong who actually understands and accepts the consequences that come with it. You'll never talk them round because they've taken an ideological position, without real consideration, so they're not the kind of people who are going to accept a contrary, yet rational, position.

    7. Re:Pre-election laws by safehaven25 · · Score: 0

      this isnt informative, its incredibly ignorant

    8. Re:Pre-election laws by Anonymous Coward · · Score: 0

      Beware, Mike Godwin is watching you.

    9. Re:Pre-election laws by Anonymous Coward · · Score: 0

      This is about timing not speech. Due to the fact that within the few days leading up to the election it is impossible for an opponent to address accusations and prove them lies.

      As such this law is not preventing someone from saying something. But is instead ensuring it is said at a point where both political sides are able to ensure that they can defend or argue in opposition to it.

      This is not censorship as opposed to protection of the political process and prevention of the use of the election datge to froce out lies and incorrect facts in the last few days.

      You can say it you just have to do so within a reasonable time.

      Most courts also require you to word your accusations within a reasonable time for the defense to respond.

    10. Re:Pre-election laws by Anonymous Coward · · Score: 0

      So, why Brazil doesn't follow the steps of Iran and creates a private network? Censorship is always a bat thing. The videos aren't posted anonymously, so, the Brazilian Constitution defines it its 5 article that freedom of expression is granted but the anonimity in this case is forbidden... The user has to be responsible, not the media (google, facebook, or any other). This Brazilian's Law have no needs to get clarified. 'Google' is a service, so, blocking them, many people will be affected, this is not right. Is arbitrary and ridiculous.

    11. Re:Pre-election laws by dshk · · Score: 1

      Why do you think that they intentionally break laws? On our website there are visitors from all over the world, including the most exotic countries too. I guess from each and every country. Do you think that I have even the slightest idea about the pre-election and other rules and laws of 200 countries? I am sure there is no single university professor who knows all of that, even if we consider only the pre-election rules. Not to mention that these are changing continuously. What I am supposed to do? Firewall the servers and allow only countries where we have a legal representative? (Assuming that it would be possible, but it is not, there is no precise, stable IP address list about the countries.)

    12. Re:Pre-election laws by Anonymous Coward · · Score: 0

      So you are one of those child porn terrorist human trafficking druglords are you now?

      Sir, would you have a seat, we have some questions for you.

    13. Re:Pre-election laws by isorox · · Score: 2

      Don't you mean Google users?

      Youtube isn't a common carrier, it censors a lot of stuff.

      It's the same if CNN of Fox news broadcast this type of stuff during election day (which I assume is illegal in America)

    14. Re:Pre-election laws by Xest · · Score: 5, Insightful

      You are allowed to do exactly that, no one's stopping you, it's simply that there are consequences, this is not censorship.

      Censorship is the enforced blocking of information, it's the preventing of it even being broadcast which is exactly what's being asked for here.

      If this were the same as punishment for shouting fire in a crowded theatre then the judge would simply fine them for distributing false information or jail the person who posted it for libel etc. This is not what is being done though, this is outright censorship, and yes, it's bad.

    15. Re:Pre-election laws by Anonymous Coward · · Score: 1

      If someone yells fire in a crouded theater, should you arrest the president of the company that made the prints?

    16. Re:Pre-election laws by rtb61 · · Score: 1

      Google however has to be notified of these violations. Each and every violation has to be discovered, reported and confirmed. A you tube video can be re-released at depth throughout the world and Brazil only has jurisdiction over publication and readership within Brazil and definitely more on the publication side and far less on the readership side. So if the video is uploaded outside of Brazil and read by people outside of Brazil then Brazil has zero jurisdiction.

      What really needs to happen is a different channel of distribution of political adds needs to be created, to take into account the internet age. Logically a federal government, each country to it's own, server farm hosting all political commercial, federal, state and local. This channel is to be mandated as the only legitimately channel for the distribution of political content with fines associated with the commercial distribution of content sourced from all other locations. This with a public information campaign to inform people of the archival distribution point for all political campaign material, nothing alterable and nothing deletable, all material for re-distribution upon a commercial basis must be sourced from recorded copy.

      Next up will be prosecution of Facebook and Twitter. More purposeful assaults on free speech.

      --
      Chaos - everything, everywhere, everywhen
    17. Re:Pre-election laws by DrXym · · Score: 1

      Good censorship = censorship. Fuck you.

      Many countries legally impose a moratorium or broadcasters impose a code of conduct prior to an election to ensure it is as free and fair as possible. So as to provide voters with a period of reflection prior to the vote and to stop last minute electioneering and underhanded tactics that could adversely affect the outcome. e.g. one candidate tweets that another has dropped out the race, or is a child molestor etc. But oh its censorship so it's bad right?

    18. Re:Pre-election laws by sumdumass · · Score: 4, Insightful

      Several things here. Google has offices within the local jurisdiction making them culpable for violations of it. Google can likely restrict access to IP's outside the country like they did with that movie trailer thing a week or so ago. We know they have the ability and they have done it already.

      Nothing is to stop you from copying the video and posting it everywhere you can find. The companies that have offices within the country that has local jurisdiction will have to remove it or face the same problems as Google it. The services and companie who do not have local offices can ignore the mandates, law and so on unless they plan on visiting and/or opening local offices up within that jurisdiction in the future. Unless some sort of international treaty with a country they have offices within provides otherwise, Brazil can fine and issue arrest warrant all day long on people not within their jurisdiction and nothing can be done about it outside that unless the companies get within their jurisdiction somehow- invasion, treaty, visiting the country, opening shop within the country and so on..

      Now on to censorship. Please do not confuse the right to free speech with a mandate that someone provide you a platform or stage for that speech. If a company has offices in a country and doing business within that country, they are obliged to follow the local laws of the country. If that means blocking access to a video on their servers or removing it entirely, then they have to do it or suffer the penalties of breaking the laws. Google already censors a lot of stuff voluntarily- Google already complies with local laws in certain area they have offices in. It's not a big deal for them to comply with this.

    19. Re:Pre-election laws by sumdumass · · Score: 1

      I've never heard of a law prohibiting the reporting of news or running of ads in the US close to elections. I have even seen political adds run after the polls are closed and we are waiting for the count (guess some people do not think that far ahead).

      I would imagine any law limiting speech would be over turned pretty fast as out first amendment free speech has long been interpreted to be especially pertaining to political speech..

    20. Re:Pre-election laws by Xtense · · Score: 2

      So what you're saying is that i could upload some anti-government stuff onto Youku or whatever is China's Youtube equivalent and the company would be liable just by virtue of residing in the local jurisdiction, even if the country of origin of the upload and the hosting servers themselves were outside the country?

      Unacceptable.

      I understand how it works NOW, but to me this is a critical case of legal vacuum, where current laws do not accurately reflect reality - punishing the carrier for something that is expressly legal where the service is provided (and the service is hosting video, which you then download for viewing. Accessing the video is something your ISP does, since that means connecting to the Internet) rather than the content creator/uploader is counter-productive, while banning access to the content provider also targets legitimate users. Penalizing a company which happens to host the content just because it has offices in your country is wrong, since they are penalizing them for a crime they did not, in actual fact, commit, that is - hosting an infringing video on the territory of Brazil.

      That said, it works both ways - downloading some content and putting it up outside of the original jurisdiction switches the law's applicability to the exact place where the content is hosted, NOT where it is accessible from. If I suddenly decide to rehost some pirated movies, there is no law from the originating country that can be applicable in this situation - only local laws.

      --
      "We are the music makers, and we are the dreamers of dreams [...]."
    21. Re:Pre-election laws by 91degrees · · Score: 5, Insightful

      It's the same if CNN of Fox news broadcast this type of stuff during election day (which I assume is illegal in America)

      This is not the case. The US has possibly the strongest protection of freedom of speech in the world, and any such law would be in violation of the constitution.

      But most other countries do consider freedom of speech to be a right that should be balanced with other rights. A fair election being one of them, and the belief that public criticism of a candidate without adequate time for the candidate to address the accusations would violate this right.

    22. Re:Pre-election laws by ScentCone · · Score: 5, Informative

      I've never heard of a law prohibiting the reporting of news or running of ads in the US close to elections

      Then you missed out on part of McCain-Feingold, which did ban some speech along those lines. That's part of what the supreme court recently found to be unconstitutional: muzzling communication like that runs very contrary to one of the founding principles of our constitution. The law allowed, for example, a business like General Electric or News Corp (which both run media outlets, though of different political orientations) to use their editorial voices to communicate about candidates and ballot issues right up through poll closing - but prohibited others (like you or me, or groups we might join, like the NRA or Greenpeace and the like) from doing the same. Completely capricious, and justifiably shot down in the court. But it was the law of the land for a while there.

      --
      Don't disappoint your bird dog. Go to the range.
    23. Re:Pre-election laws by TemperedAlchemist · · Score: 2

      Yes.

      Because that's the price of freedom, and I'm not willing to sacrifice my freedom for any of that temporary safety. Don't get me started on free speech zones and other egregious acts the US government, of all entities, has done to grind the gears of the constitution's spirit of the law. "If we can't remove them, let's just water them down," sort of thing.

      Or should we prohibit anyone from speaking a dissenting opinion than the governments, because think of all the people that could be hurt by those words. Never mind that our system of law holds people accountable for their actions and affirms they have the ability to choose: my shouting fire in a crowded movie theater forced those people to trample over that girl.

      Oh, and people don't have to shout fire in a crowded movie theater anymore -- that's why we have fire alarms.

    24. Re:Pre-election laws by Anonymous Coward · · Score: 0

      The US has possibly the strongest protection of freedom of speech in the world, and any such law would be in violation of the constitution.

      The main purposes of the First Amendment were to ensure
      i) the owners of the presses could be as biased as they like in their support for particular politicians;
      ii) no oppression for non-CoE religions.

      Never forget that America was founded by salesmen and Puritans.

    25. Re:Pre-election laws by zill · · Score: 4, Informative

      How else are you going warn everyone about the theater fire?

      Justice Holmes' exact words were " falsely shouting fire in a theater". Please get it right next time.

    26. Re:Pre-election laws by LordLucless · · Score: 1

      Now on to censorship. Please do not confuse the right to free speech with a mandate that someone provide you a platform or stage for that speech

      Sorry, but that's a straw man. If a "platform or stage" (ie: YouTube) is being constrained by law from broadcasting material, then it most definitely a case of free speech, not of an individual demanding they be provided with a channel.

      You can argue whether it's justified in this case, and as others have noted, there are legitimate reasons for certain types of speech in certain situations to be restricted. But it most definitely a free speech issue.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    27. Re:Pre-election laws by Entropius · · Score: 1

      There is a big difference between censorship and the prosecution of fraud.

    28. Re:Pre-election laws by L4t3r4lu5 · · Score: 2

      Because that's the price of freedom, and I'm not willing to sacrifice my freedom for any of that temporary safety... Oh, and people don't have to shout fire in a crowded movie theater anymore -- that's why we have fire alarms.

      What about when your "freedom" has a direct impact on my safety? If you yell "Fire!" in a crowded theatre, there is panic and people fight to escape. People been trampled to death trying to escape. You also fail to address the point that it is completely legal to shout "Fire!" in a theatre if there is indeed a fire.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    29. Re:Pre-election laws by argStyopa · · Score: 1

      It's a difficult case; I can easily see this becoming an abusive precedent, where pernicious lawsuits are filed just to block Google/Youtube access to LEGITIMATE information on the web about a candidate.

      It seems absurd on the face of it to suggest that it's Google's responsibility to block access to specific data in specific regions according to their local election schedule. If my local town of 1000 people has a mayoral election, can we 'insist' that Google block politically relevant (whatever that mean?) videos in my area for any period of time?

      --
      -Styopa
    30. Re:Pre-election laws by sumdumass · · Score: 1

      So what you're saying is that i could upload some anti-government stuff onto Youku or whatever is China's Youtube equivalent and the company would be liable just by virtue of residing in the local jurisdiction, even if the country of origin of the upload and the hosting servers themselves were outside the country?

      Unacceptable.

      Lets look at it in a little more obvious way. Suppose you live in England and ask me to help you do something. That something is to have merchandise ordered from the internet delivered to my home so I can mail them in non-descriptive packages to you for the purpose of avoiding the VAT fees. Now suppose you do this using stolen credit cards and I knew it was happening. Does the fact that you are in a foreign country absolve me of any laws I broke in the US in the process of this plan? No, it absolutely does not. I may even be liable for the credit card fraud as well as the usual conspiracy and receiving stolen goods crap they could throw at me.

      You may think it is unacceptable, but it is the way it is. You simply have to accept that different countries have different laws and if anyone within their jurisdiction violates those laws, they can be held accountable and punished under them.

      I understand how it works NOW, but to me this is a critical case of legal vacuum, where current laws do not accurately reflect reality - punishing the carrier for something that is expressly legal where the service is provided (and the service is hosting video, which you then download for viewing. Accessing the video is something your ISP does, since that means connecting to the Internet) rather than the content creator/uploader is counter-productive, while banning access to the content provider also targets legitimate users. Penalizing a company which happens to host the content just because it has offices in your country is wrong, since they are penalizing them for a crime they did not, in actual fact, commit, that is - hosting an infringing video on the territory of Brazil.

      I hope you understand that hosting the infringing video isn't the problem. It's allowing it to be accessible within the country for a certain period of time because of the elections.

      That said, it works both ways - downloading some content and putting it up outside of the original jurisdiction switches the law's applicability to the exact place where the content is hosted, NOT where it is accessible from. If I suddenly decide to rehost some pirated movies, there is no law from the originating country that can be applicable in this situation - only local laws.

      Well, actually- with all the copyright treaties, specifically the wipo WTC and WTTP, there is a bit more difficulty because each signatory country is supposed to honor the laws concerning copyright of other countries as long as they are in line with the two treaties unless they have similar laws and prosecute for the infraction. And yes, I do not have a link handy but this has been tested already. People from within the US have been busted and prosecuted for hosting copyrighted materials on servers in other nations and people in other countries have been extradited to the US for prosecution under US laws when their home country did not have a law that was being violated. One was with sharman networks (Lime wire) I think, another was from Australia too.

      But this situation is not about copyrighted materials. It is about speech and the obligations of a company who is doing business within a country. It doesn't matter that the content may be somewhere else, the company will have to obey the laws of the land they are in.

    31. Re:Pre-election laws by sumdumass · · Score: 0

      Wow.. I remember the fuss about it but started to ignore the entire thing after it seemed to be pounded to death forever. That had completely slipped my mind. Thanks for pointing it out.

    32. Re:Pre-election laws by sumdumass · · Score: 1

      Sorry, but that's a straw man. If a "platform or stage" (ie: YouTube) is being constrained by law from broadcasting material, then it most definitely a case of free speech, not of an individual demanding they be provided with a channel.

      Well, it is. If it is illegal to block the road, set up and amplifier, and start preaching one Monday morning while everyone is trying to get to work, then doing it would be illegal. You are still being constrained by a law- it makes no difference how free or what speech it was.

      Now is it censorship, you bet. But like I said, you are not guaranteed a platform or a stage to make your speech from. Especially when you or someone on your behalf are violating a law to achieve it.

      You can argue whether it's justified in this case, and as others have noted, there are legitimate reasons for certain types of speech in certain situations to be restricted. But it most definitely a free speech issue.

      I think we might be running circles around each other a bit. I did not mean to imply that the speech issue disappeared. Just that Google has an obligation to follow the laws in the lands it has offices in or it will find itself facing penalties for failing to do that. It is google that needs to decide what they are willing to do, they aren't obligated to host the speech.

    33. Re:Pre-election laws by Anonymous Coward · · Score: 1

      Everyone always say that, but that case, Schenck in Brandenburg v. Ohio, is where the judge (Justice Oliver Wendall Holmes, Jr.) used that example and the ruling in that case was overturned many many years ago. The case itself had to do with literature opposing the military draft during WWI.

      I find it interesting that so many people use that example as though it holds some sort of weight.

    34. Re:Pre-election laws by WGFCrafty · · Score: 2

      How else are you going warn everyone about the theater fire? Justice Holmes' exact words were " falsely shouting fire in a theater". Please get it right next time.

      Falsely yelling fire in a crowded theater has traditionally been charged as libel due to emotional and monetary damage to the usually quite distraught theater.

    35. Re:Pre-election laws by DanielHC · · Score: 2

      Good censorship = censorship. Fuck you.

      As a brazilian, I second you. The laws this judge is applying are the same that, in past elections, prohibited comedians to make jokes about candidates. It's just plain stupid censorship.

      --
      Pick it Up!!
    36. Re:Pre-election laws by Xtense · · Score: 1

      So let's see here: in your example, the actual laws broken are:

      Using stolen credit cards (only i am liable, since i am the buyer, the connections originated from my computer and i accepted the transaction, you weren't involved in the buying process in any way - and, also, this is a crime in both countries, which a major and important difference in our case).
      Tax dodging (we're both liable in theory, depends too much on individual import/VAT laws - not applicable in our case since packets are not dutiable)
      Willingly aiding in commiting a crime in your country (you're only liable if you knew - this has to be proven before the court.)

      The example is flawed because it tries to translate packets as physical goods being transferred, while (together with me!) THE INTERNET DOES NOT WORK THAT WAY. This is also where the similarities break down: you were not "hosting packages" - if anything, you acted as a proxy server. The shops were our hosting services and they are not liable for accepting stolen credit cards since they have no way of knowing. Returning the money and demanding the return of goods, of course - but that is a whole different set of laws.

      The basis of it all is that the Internet does not translate well to real life, and, as such, requires a whole new set of laws to accurately represent what is actually happening between computers.

      Now: accessing the video.
      And i understand the fault lies in the hoster of the video that the video can be accessed, not the actual facilitator of the connection, e.g. an ISP? On whose behalf was the connection initiated - youtube, or a client requesting it? The ISP acts as you in your example, a proxy towards receiving illegal materials. Now, whether the proxy can be liable for that is a whole another story, but it would be cosmically retarded if the ISP had to monitor what you browse whether you're breaking any laws - as with you, whether the purchases I make are with stolen credit cards or not. The burden of proof lies on the accuser, not the accused.

      The last example is just a matter of how the laws are formed and ratified - if I were prosecuted under any of them, it is due to it being ratified in the country where the content was hosted - so, in essence, i really would be prosecuted under local law, it's just that the local law specifies a distinct form of action under it - that is, extradition and allowing prosecution under laws in a different country. An important semantic difference!

      --
      "We are the music makers, and we are the dreamers of dreams [...]."
    37. Re:Pre-election laws by Anonymous Coward · · Score: 0

      Bullshit... elections in Brasil will be on Oct 7, so it's not just 24 hours before elections, it's for the whole duration of the campaign. This law is retarded and is made to silence any critics.

    38. Re:Pre-election laws by erroneus · · Score: 1

      Seriously true.

      This is the new media we are talking about here. It is wider and busier and less controlable than ever before. The mob is the media. Let's consider how we control such media. It's pretty hard to imagine already. Let's get our news from 4chan.

    39. Re:Pre-election laws by Pieroxy · · Score: 1

      So in your view noone can be blamed for the consequences of their speech?

      Let's say I take a 5 years old, I convince him that jumping out of the window is safe and I watch him do it. I would not be guilty of anything in regard of the law? After all, I just talked to the boy! That has to be legal!

      And if your answer is that I would be found guilty, it means my speech can bring me to jail, so in effect, I do not benefit from free speech since I can be jailed for saying something a judge find objectionable.

      Let me know.

    40. Re:Pre-election laws by Anonymous Coward · · Score: 0

      It's not written down. Shouting in public would be slander.

    41. Re:Pre-election laws by sumdumass · · Score: 1

      The basis of it all is that the Internet does not translate well to real life, and, as such, requires a whole new set of laws to accurately represent what is actually happening between computers.

      Not really new laws but common sense on existing laws. The first analogy failed but it didn't fail. Google, who is making the video available, is located within the jurisdiction of the country with the laws, and they are breaking real laws- even if they are ridiculous laws.

      Now: accessing the video.
      And i understand the fault lies in the hoster of the video that the video can be accessed, not the actual facilitator of the connection, e.g. an ISP? On whose behalf was the connection initiated - youtube, or a client requesting it? The ISP acts as you in your example, a proxy towards receiving illegal materials. Now, whether the proxy can be liable for that is a whole another story, but it would be cosmically retarded if the ISP had to monitor what you browse whether you're breaking any laws - as with you, whether the purchases I make are with stolen credit cards or not. The burden of proof lies on the accuser, not the accused.

      This is a bit tricky because of the video was on TV, the user turning it on and tuning into a channel wouldn't be liable. It would be the person making it available. Likewise, youtube is making the video available. But here is an important distinction and the US as well as England does this all the time. We set up long and short wave radio stations as well as TV and AM/FM radio stations. We then broadcast propaganda into hostile areas attempting to gain the confidence of the people within them and subtly undermining their leadership (presumably our enemy). We do this outside the jurisdictional boundaries of the country so the country can pass any law it want, impose any fine it wants, but it cannot enforce it unless they invade and assert sovereignty over us. Had this been done by anyone within their jurisdictional boundaries, the penalties for violating the laws, the fines and all that would apply. Had Google not had an office in Brazil, they could just tell them to stick it where the sun don't shine.

      The last example is just a matter of how the laws are formed and ratified - if I were prosecuted under any of them, it is due to it being ratified in the country where the content was hosted - so, in essence, i really would be prosecuted under local law, it's just that the local law specifies a distinct form of action under it - that is, extradition and allowing prosecution under laws in a different country. An important semantic difference!

      Well, I did say it gets a lot more complicated because of all the international agreements and treaties. I find no fault in your interpretation outside of a possible condition that could allow someone within the country to do something entirely legal not knowing they were subject to US law or what ever for that act. That's not even a disagreement with you. It's just an expression of my distaste over the possible situation.

    42. Re:Pre-election laws by rickb928 · · Score: 1

      Try and censor me. That is prior restraint, and while you can, theoretically stop a book from being sold. you will have harder time stopping me from yelling anything once.

      then you put me in jail, ostensibly for endangering others, even if my speech merely endangered your profits.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    43. Re:Pre-election laws by Flavianoep · · Score: 1

      Nope, the elections will take place on October 7th.

      --
      Linux is for people who don't mind RTFM.
    44. Re:Pre-election laws by Anonymous Coward · · Score: 0

      Wrong again. They wanted Google to take down the videos so they could then say that Google can take down any videos they want and if they leave them up then they agree with them. This has nothing to do with the law and everything to do with trying to get Youtube out of Brazil so their own state run video site can take over.

    45. Re:Pre-election laws by interkin3tic · · Score: 1

      You really can't see the difference between the two? Honestly?

    46. Re:Pre-election laws by pla · · Score: 2

      Google is intentionally breaking laws here and should be punished.

      BS. "Google" has not, intentionally or not, done anything here. Some Brazilian citizen has chosen to violate their laws, try going after the actual problem.

      Consider this from a slightly different angle - If Google had no official presence in Brazil, how would this headline read? Hint - More along the lines of a Great Firewall style pissing-in-the-wind, than some sort of BS "arrest the messenger" attack on free speech.


      Dear Brazil (and every other government on the planet) - Welcome to the Internet: Not yours to shut down. Have a nice day.

    47. Re:Pre-election laws by Beyond_GoodandEvil · · Score: 1

      Your ideas are intriguing to me and I wish to subscribe to your newsletter.

      --
      I laughed at the weak who considered themselves good because they lacked claws.
    48. Re:Pre-election laws by QuantumPion · · Score: 1

      If it's actually on fire, then YES.

      If you pass a law banning the yelling of fire in a crowded theater, even when it actually is on fire, then what will the result be?

    49. Re:Pre-election laws by Anonymous Coward · · Score: 0

      The election is Oct 7. A 24 hour ban is not going to do much. If this was about affecting elections, the ban would be until Oct 8 but it's for 24 hours. Something is corrupt here.

    50. Re:Pre-election laws by MightyYar · · Score: 1

      The constitution is to Fox News as Slashdot is to AC posts.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    51. Re:Pre-election laws by Anonymous Coward · · Score: 0

      it's SO uncontrollable that they decided to arbitrarily block searches on the word "bisexual" for no reason!

    52. Re:Pre-election laws by Anonymous Coward · · Score: 0

      Am sorry you think this way in this age of unsanctioned,involuntary government disclosure/embarrassment. There is universally true and undisguised freedom , THEN there is the "other type" that we question only when our tummies go empty... and we decide to express it.

    53. Re:Pre-election laws by jbolden · · Score: 1

      At least from the article this is not a 24 ban but rather a generalized law which prohibits negative treatments of candidates.

      The USA has problems with financing related issues but I don't think there is anything good about generalized bans on negative advertising during a campaign. One of the nice things about US elections is with most any candidate for major office their opponent tells me all the bad stuff about them.

    54. Re:Pre-election laws by Anonymous Coward · · Score: 0

      Saying Google is responsible for the videos its users upload is the same thing as saying ISP's are responsible for piracy, auto manufacturers are responsible for accidents, and gun manufacturers are responsible for gun crime.

      I love how the double standard comes out whenever it is convenient to support state control and leftism over progress.

    55. Re:Pre-election laws by Xtense · · Score: 1

      And basically here is the crux of the problem the politicians seem to have with the Internet - they literally treat it as a singularly-owned company that can be strongarmed to subscribe to their notions of legality.

      I really like your example of AM/FM radio stations, because it is much more closer to how the Internet functions than how a TV station might. Sure, if needed, the Internet can be limited, or even cut off entirely to an area of a country - this is within the realm of economically viable technical possibility. The significant difference here is that clients connecting to Youtube really are acting like radios tuned to your stations, that is - the user has to facilitate the receiving somehow. In this example, our ISPs take on the role of uncontrolled radio-waves.

      We seem to break down on the have-office->respect-law line. I understand that completely, and actually I really do agree with this - it's just that in this particular case i find it hard to accept that any law was actually broken, since Youtube as a whole is not actively "broadcasting" on Brazil's territory - it's just... connected to the Internet. If someone wants to request youtube's server, no problem - but doing so, it should be the user who is liable to potentially breaking the law. The provider himself would only be liable if he was operating illegally where the actual servers hosting the material are standing, and the facilitator has no way of knowing whether his client has any illegal actions in mind. The datacenters are standing in the US as far as we know, and those materials are not illegal in the US, so Brazil telling Google to take down something that is not illegal where it is hosted and penalizing them for not complying is, in my opinion, an excessive use of local law.

      --
      "We are the music makers, and we are the dreamers of dreams [...]."
    56. Re:Pre-election laws by jbolden · · Score: 2

      It's the same if CNN of Fox news broadcast this type of stuff during election day (which I assume is illegal in America)

      You would be assuming wrong. CNN or FOX can have a 24 hour presentation where they openly advocate for any candidates they want and say just about anything they want. The protections regarding political speech in the USA are very strong.

    57. Re:Pre-election laws by bluefoxlucid · · Score: 1

      Today, we are teaching poodles how to fly!

    58. Re:Pre-election laws by 91degrees · · Score: 1

      You seem to have inferred an opinion on whether I think either of those viewpoints is more valid. Pretty certain I didn't state one.

    59. Re:Pre-election laws by gwolf · · Score: 3, Insightful

      Right. There are many fundamentally broken things in the USA democracy - Funding and advertising is one of them. Most countries I know of have strict laws regulating who can fund a party, what are the tops for funding - And how can that be spent. Most countries also require a given period (here in Mexico, 72 hours) before the election where no advertising can be made. Campaigning is over, and it should not distract the citizen - This is done in part because of past experiences where i.e. rallies for party X were conducted in areas that would vote for party Y, making it hard for voters to reach the booths.

    60. Re:Pre-election laws by jbolden · · Score: 4, Informative

      McCain-Feingold never prohibited speech by existing media at all. It had some prohibitions on paid speech. We have strong protections for people lobbying congress and strong laws against bribery. Paid and free speech have never been treated the same.

    61. Re:Pre-election laws by gwolf · · Score: 1

      In countries where this kind of bans are enacted, private actors are not censored. People are not forbidden to speak their minds. However, *political parties*, being the actors in controversy, are public figures subject to laws.
      There is another law, at least here in Mexico, that requires groups running political advertisements to clearly identify themselves - This, because in 2006 we had many "black campaign" ads on TV (on a multimillionary contract) that were not "signed" by any identifiable actor, and were clearly campaigning for one of the candidates (against the other strong one).

    62. Re:Pre-election laws by jbolden · · Score: 1

      But regardless what the 1st Amendment protects is speech based on ideas. It is perfectly legal to publish government secrets, which is why the NYTimes or the Guardian were fine in the wikileaks case. What is illegal is to pass information to unauthorized agencies. Death threats are speech which doesn't have particular idea content but rather are actions. That can be regulated.

      As for libel laws. Libel laws here are rather loose the burden of proof is very high, high enough that in practice they are rarely used.

    63. Re:Pre-election laws by Anonymous Coward · · Score: 0

      The video shows the candidate saying some acronym with the wrong words, and then a clip

    64. Re:Pre-election laws by jbolden · · Score: 1

      What distinguishes a political ad from a political opinion from a philosophical opinion?

    65. Re:Pre-election laws by Anonymous Coward · · Score: 0, Troll

      Show me where the founding fathers said, "A right to lie is vitally important for democracy."

      Not sarcasm, not parody, not satire, just flat out and out lying for profit, with fraud and libel laws so difficult to enforce that they can say or do anything they want and pretend it is legitimate news with no consequences.

      If democracy is a market place of ideas, lying is the destruction of that market.

      Allowing Fox News destroys the very purpose for which the constitution was written.

      The constitution DOES allow Fox News, therefore it is trash.

    66. Re:Pre-election laws by gwolf · · Score: 1

      *but* if you were contacted by the government of Mozambique, where you happen to have a regional office, notifying that one of your files is in violation of their electoral laws... You can either block that file for Mozambique, or remove that file until it's no longer in violation of their laws, or close down your Mozambique operations and claim you have nothing at stake there. Google *has* Brazilian offices, and they were notified in due time of the violation.

    67. Re:Pre-election laws by jbolden · · Score: 1

      As an American... yes I'd rather the government not get to decide who is allowed to say what at any point, particularly laws that can be applied to politicians. I don't know how restrictions on speech make things more "free". I could see an argument for "fair", since these sorts of tactics can influence elections on the margins.

    68. Re:Pre-election laws by jbolden · · Score: 1

      Children are offered protections that adults are not.

      Make the boy 25 and the burden goes way way up.

    69. Re:Pre-election laws by Anonymous Coward · · Score: 0

      Bullshit. This is an incumbent reelection protection gamete created and instituted by... The incumbents. Google, STAND STRONG! Do No Evil.

      And who the hell are YOU to decide what is good and what is bad censorship? Sounds like a Fundamentalist Muslim deciding what is Good Education...
      Sounds like Stalin's "It doesn't matter who gets the votes, but who counts the votes." Tyrants always want to be the decider... because they are the elite and smarter, and know better... Just ask them, they will tell you. Surely this has nothing to do with an incumbents lust for power.

    70. Re:Pre-election laws by I_am_Jack · · Score: 1

      Prohibiting someone from yelling "fire" in a crowded theater is to censorship as prohibiting from someone firing semi-automatic weapons in a crowded theater is to gun control.

      But I'll defend your right to make endless strawman arguments to the death, even if your understanding of logic makes my skin crawl in the process.

    71. Re:Pre-election laws by wisnoskij · · Score: 1

      "You are allowed to do exactly that, no one's stopping you, it's simply that there are consequences, this is not censorship."
      Yes it is. Most censorship is not pre-emptive (only copyright infringing videos can really be automatically scanned) any more than people know they will get punished for it. I guess Youtube could try to convert audio to text and then run algorithms on the text to try and figure what is being said, possible, if somewhat advanced.

      Lets say, we outlaw saying anything bad about the President. We do not prevent anyone from saying these things, ?how would you even do this?, but whenever you get a report of it, the criminal gets executed (for example) and the offending material taken down if it was not simply speech.
      This is not censorship?

      --
      Troll is not a replacement for I disagree.
    72. Re:Pre-election laws by Anonymous Coward · · Score: 0

      Conservative ideology is ALL about censorship. That's what they use their mod points for.

    73. Re:Pre-election laws by DrXym · · Score: 1
      Moratoriums / embargos are put in place for the reasons I cited, to stop news and media or individuals involved with the elections from interfering with an election in progress. It's also why certain actions might be criminal offences in the context of an election that otherwise would just be garden variety civil law, e.g. making a false statement about a candidate's character or behaviour could be a criminal offence instead of slander.

      Can't speak of all companies but in the UK and Ireland it's not the government that imposes these laws. Rather, there are independent electoral and law commissions which make recommendations on law, electoral boundaries etc which are accepted by all parties. Countries would also have broadcast authorities which issue guidelines for election coverage for the placement of embargos and so forth.

    74. Re:Pre-election laws by DrXym · · Score: 1

      "Can't speak of all companies", Countries. God I hate making typos.

    75. Re:Pre-election laws by tolkienfan · · Score: 1

      Shhhh... Don't give US parties any more bad ideas!

    76. Re:Pre-election laws by Anonymous Coward · · Score: 0

      Monetary, Political and Social Power

    77. Re:Pre-election laws by Anonymous Coward · · Score: 2, Interesting

      But that's not the case. Here in Brazil censorship is becoming common when politicians are involved. In 2009 one of the largest newspapers in Brazil was prevented from publishing news about a police operation against the son of the President of the Senate Jose Sarney. His son, Fernando Sarney. His son, Fernando Sarney, investigated for corruption is not politician and 2009 was not a electoral year, but a federal judge blocked the newspaper Estado de Sao Paulo to publish news about the police investigation. http://pt.wikipedia.org/wiki/Opera%C3%A7%C3%A3o_Faktor

    78. Re:Pre-election laws by yacc143 · · Score: 1

      Well, that does not really help, so instead of accusing X as evil the evening before the voting, I accuse him of being evil 24 hours earlier, and add that he'll certainly get even more evil in the next day?

      Basically, it just moves a deadline around, without much of practical value.

    79. Re:Pre-election laws by tolkienfan · · Score: 1

      I'm a very strong advocate of free speech and personal liberty.

      I can still see a case to be made for a limitation on "political" speech immediately leading up to a vote. It would have to be of very limited scope. But there could be great benefit. Some of the abuses mentioned here would be prevented: e.g. not giving a candidate time to respond, rallying near polling stations to prevent voters, etc.

      There ARE other beneficial limitations on speech. On their merits they tend to provide more pros than cons.

      Indeed, this would be less a limit on speech, but more a limit on WHEN such speech is allowed - and in a fair and balanced way.

    80. Re:Pre-election laws by tolkienfan · · Score: 1

      This is just a silly argument. For it to make sense shouting fire in a theater would have to be morally equivalent to making political speeches the day before an election.

      They are not. The format immediately endangers life and limb of many others. The later might influence an election.

      And I actually agree that a limit on political speech immediately prior to an election could be beneficial.

    81. Re:Pre-election laws by parkinglot777 · · Score: 1

      Censorship is the enforced blocking of information, it's the preventing of it even being broadcast which is exactly what's being asked for here.

      That would depend on the content of the broadcast. In politic, the content being broadcast is to convey audience toward the broadcaster or it is called bias. Also, most if not all of these broadcasts disclose some truth and omit some others. As a result, most of the time it is a lie by omission. Therefore, the comparison to shouting fire in a crowded theatre is not practically wrong.

    82. Re:Pre-election laws by wisnoskij · · Score: 2

      So we have freedom of speech laws so that you can say anything that everyone agrees with?

      How does this differ from 1,000 years ago? Did they just randomly outlaw accepted words and phrases then? Or do you think it is possibly that the founding fathers put in freedom of speech to protect speech that many would disagree with, that many would find horrible?

      --
      Troll is not a replacement for I disagree.
    83. Re:Pre-election laws by Xylantiel · · Score: 2

      But it is always possible to sufficiently disguise paid speech as free. The Citizen's United case was about a propaganda film disguised as a for-profit movie. The promoters just exhibited it at a loss, but it was structured as a for-profit show. So how does one go about "proving" speech is paid in these corner cases? I think paid speech is what is fundamentally wrong with the US democracy, but there is an argument to be made that it is simply not workable to restrict it. The electorate just has to figure it out. As the grandparent post points out, Fox news can just pretend to be legitimate news and get away with extremely biased and manipulative crap. To some degree Citizens United just acknowledges this as a fact of life.

      or to say it another way: Never believe what you see on TV. (i.e. what someone else paid money for you to see -- even if its not an ad, it is advertiser-supported).

    84. Re:Pre-election laws by _Sharp'r_ · · Score: 1

      One problem is that most existing media was exempted under McCain-Feingold, even though it's really also "paid" speech. It's not like the NY Times wasn't paying it's employees, wasn't paid by advertisers, etc... The bill seemed to imply that the media was unbiased, but someone else who wanted to publish something would be horrible.

      Of course, the media was all for that distinction, since it increased their power relative to everyone else who was hobbled by the law. So all the media reports were about how wonderful the "reform" was. The politicians knew that the media would always be biased in favor of the "newsmakers" who could automatically get coverage because of their positions in government, while challengers would be stuck trying to convince the media that they were worth covering.

      Fortunately, the USSC rejected most of that and more pieces may fall later as other cases make their way up through circuit splits.

      --
      The party of stupid and the party of evil get together and do something both stupid and evil, then call it bipartisan.
    85. Re:Pre-election laws by Damouze · · Score: 1

      There is no such thing as 'good' censorship, with the possible exception of self-censoring by an author.

      --
      And on the Eighth Day, Man created God.
    86. Re:Pre-election laws by SaroDarksbane · · Score: 4, Interesting

      I'm yet to speak to someone who spouts nonsense about all censorship being wrong who actually understands and accepts the consequences that come with it.

      Then let me be the first: There should be no criminal penalties on any speech, information, or data transmitted from anyone, to anyone.

    87. Re:Pre-election laws by aleica · · Score: 0

      Where is the freedom of speech? Is the law in Quran country justified based on your comments? I have always believe, every human on this planet is the carrier of the neural electric pulses that both Hitler and bin Laden had.

    88. Re:Pre-election laws by tolkienfan · · Score: 1

      I agree that some limits on free speech can, and maybe have been, abused.

      But serious question: what benefit is there from allowing someone's to yell "fire!" in a crowded theater?

      Would it make a difference if it were an operating room during open heart surgery, where the patient would certainly die if the doctors leave?

    89. Re:Pre-election laws by Xest · · Score: 1

      "Yes it is. Most censorship is not pre-emptive"

      It's not about being pre-emptive, that's not the issue at stake here. It's about the outright blocking of content, whether that happens immediately, or sometime after the fact.

      In the case of shouting fire in a crowded theatre, no one whatsoever is stopping you doing that. They're just saying you're going to get punished if you do it without good reason and put people's lives at risk. It's then upto you if you believe your right to exercise free speech is more important than suffering the consequences if you choose to do so, it's about enforcing the point that with free speech comes responsibility to use it sensibly and where it matters.

      "Lets say, we outlaw saying anything bad about the President. We do not prevent anyone from saying these things, ?how would you even do this?, but whenever you get a report of it, the criminal gets executed (for example) and the offending material taken down if it was not simply speech.
      This is not censorship?"

      There's a few issues here. The first point is not in itself censorship, enforcement determines whether censorship has occured or not. Killing someone for saying something you don't want them to is not censorship, but it is a gross human rights abuse. Taking the content down if it was not speech is also censorship.

      Where you're probably getting confused is with the concept of self-censorship - this is where people choose to censor themselves because they are afraid of the punishment. This is not state imposed censorship as much as it is state encouragement for consideration to self-censor.

      An example of actual censorship would be a regime locking up someone or executing someone before they get to say what they wish to say. The case in the article is censorship because the judging is actually asking that content be made outright unavailable rather than simply saying "You can leave it available, but I'll arrest your boss and fine you billions of pounds" or whatever. That would not be censorship, but it may encourage Google to self-censor if they do not feel defending their will to free expression outweighs the downsides of doing so.

      Self-censorship is indeed not always a bad thing I suppose, but certainly I'm not convinced that state enforced censorship is ever a good thing. In this particular case, what if the video is right? what if the candidate really is a crook and is just using Brazil's media laws to mask that fact from the public? How is this a good thing? If he isn't really a crook, then why doesn't he release whatever records he needs to prove this is the case? Why doesn't he counter-attack? Why doesn't he call for an emergency judgement on the legitimacy of the video and get a libel judgement in his favour? There are plenty of ways to deal with the problem, censorship isn't one, because it'll just make people even more curious about the video if the opposition is so desperate to silence it and make them even more likely to believe he has something to hide.

    90. Re:Pre-election laws by tolkienfan · · Score: 1

      +1

      This whole thread has devolved.

      There is good discussion to be had on whether limiting political speech or paid for speech leading up to an election is good or bad in balance. But thus discussion is so far from useful it's not even amusing.

      I know: welcome to Slashdot.

    91. Re:Pre-election laws by Xest · · Score: 1

      There are better methods of handling this sort of thing that don't apply to shouting fire though-

      1) Transparency. If an opponent is making a claim against you then be transparent about the issue and prove them wrong. Allow an independent body to investigate and verify your taxes or whatever is in question.

      2) Libel laws. If someone is lying about you, get a libel judgement against them. Even if the election passes most countries have sane enough laws to allow for an election to be ruled invalid based on this sort of ruling forcing a re-run and possibly even banning them from running if they lied about you.

      Censorship though is not the solution, it just makes people more suspicious that you have something to hide and further muddies the water.

    92. Re:Pre-election laws by marcosdumay · · Score: 1

      Since it's just 24 hours, it really just seems to ban it right before elections and is not some penalty on Google or Youtube.

      If it is just 24 hours, why was Google already judged guilt? I mean, the elections are still 5 days ahead.

    93. Re:Pre-election laws by nitehawk214 · · Score: 1

      Oh, and people don't have to shout fire in a crowded movie theater anymore -- that's why we have fire alarms.

      And pulling the fire alarm when there is not actually a fire is illegal. In the eyes of the law it is exactly the same as yelling fire.

      --
      I'm a good cook. I'm a fantastic eater. - Steven Brust
    94. Re:Pre-election laws by _Sharp'r_ · · Score: 1

      Google should still be appealing the rulings, but they should also just "forget" all the official Brazilian government websites, all the political websites of current Brazilian officials, etc... until the appeals go through... add a big blank spot at all their official locations on google maps... and blacklist any brazilian government email addresses for sending and receiving via gmail, registering on any of the google sites, etc...

      I mean, if they don't want Google to publish stuff on the internet on their politicians, Google should comply wholeheartedly, like above.

      Call it a censorship blacklist and encourage other groups and companies to do the same thing.

      --
      The party of stupid and the party of evil get together and do something both stupid and evil, then call it bipartisan.
    95. Re:Pre-election laws by tolkienfan · · Score: 1

      In any of those cases someone could be lying... and there may not be time to counter the lie before the election.

      I'm not saying that limiting speech in this way is necessarily the answer. I am saying that it's worth serious discussion.

      And the discussion this far has been pointless bickering.

    96. Re:Pre-election laws by Anonymous Coward · · Score: 0

      If there's a damn fire, then HELL YES!!

      Oh? I go to jail for warning everyone because there's a law that says I CAN'T?!?

      captcha: distrust

    97. Re:Pre-election laws by Anonymous Coward · · Score: 0

      > So in your opinion you should be allowed to shout fire in a crowded theater, too?

      Increasingly, I have to say, yes, since people already do (bomb threats). Real bombers don't generally warn people. Either way, the crime is the same and it's not one of exercising speech.

    98. Re:Pre-election laws by Anonymous Coward · · Score: 0

      While I agree with all you wrote. The other news organisations lie as well. It's not easy to quantify such things as honesty when the truth is subjective anyway. In the age of the internet having a supposedly trusted source like Fox News being so blatantly dishonest is perhaps a good thing. In that it makes people aware that their trusted sources of information are all suspect. Having said that most people here seem to fall into the trap of calling out the ones that espouse views most different from those their own and being wilfully blind to the dishonesty of media that has values similar to their own.

    99. Re:Pre-election laws by jbolden · · Score: 1

      But it is always possible to sufficiently disguise paid speech as free

      Yes. But this is like computer security. Nothing is perfect but if you make it enough of a pain in the neck people don't do it. The regulations did restrict lots of activities, they weren't perfect but they didn't need to be.

    100. Re:Pre-election laws by MacGyver2210 · · Score: 4, Interesting

      Basically, you're saying you think censorship is valid in some circumstances? Such as what? Anti-muslim hate videos? Electoral accusations? Videos that disagree with the state's point of view?

      Who gets to decide these circumstances? The president, the king, you?

      Sounds like a dictatorship to me.

      --
      If the only way you can accept an assertion is by faith, then you are conceding that it can't be taken on its own merits
    101. Re:Pre-election laws by jbolden · · Score: 1

      The political objectives of the NYTimes were never what was being regulated. It was the political objectives of the people buying ads for a candidate in the NYTimes. The idea being that the NYTimes' overall editorial bias more or less represents the bias of the top quartile anyway. A strong unified opinion at the NYTimes most likely represented a strong unified opinion among America's policy experts.

    102. Re:Pre-election laws by Anonymous Coward · · Score: 0

      It's not really a liberal or conservative thing. They both do it. Tipper Gore wanted to ban profane music, for example. Another example would be a lot of the nations of Europe and Canada which have laws against "hate speech", which is a form of censorship. So as far as I'm concerned, I'm seeing the ideology of censorship on both sides. It is a power thing, imo. People with power want to use their power to control people.

    103. Re:Pre-election laws by MacGyver2210 · · Score: 1

      So in your opinion you should be allowed to shout fire in a crowded theater, too?

      Yes, yes you should. There's nothing to say you can't be charged with inciting a riot or reckless endangerment, but at the same time, they shouldn't be able to arrest you for the speech alone.

      --
      If the only way you can accept an assertion is by faith, then you are conceding that it can't be taken on its own merits
    104. Re:Pre-election laws by Hotawa+Hawk-eye · · Score: 1

      That brings to mind a quote attributed (incorrectly) to the French philosopher Voltaire: "I disapprove of what you say, but I will defend to the death your right to say it." Other quotes from Voltaire from that same page make sense to me, such as "It is better to risk sparing a guilty person than to condemn an innocent one." [Innocent until proven guilty] and 'People sometimes say: "Common sense is quite rare." ' as well as "What is tolerance? It is the consequence of humanity. We are all formed of frailty and error; let us pardon reciprocally each other's folly — that is the first law of nature."

    105. Re:Pre-election laws by serviscope_minor · · Score: 2

      I'm yet to speak to someone who spouts nonsense about all censorship being wrong who actually understands and accepts the consequences that come with it. You'll never talk them round because they've taken an ideological position, without real consideration, so they're not the kind of people who are going to accept a contrary, yet rational, position.

      What you are ignoreing is that you are also arguing from an ideological position. You believe that either free speech is not that or important, or some things are more important. Either is a position of ideology. Such arguments will always come back to ideology in the end.

      About the only time you can convince a *rational* person to change their views is to successfully argue that their point of view contradicts their own ideology. For example you might show that their ideology in one area may cause unintended consequences which go against what they believe in another area.

      But your arguments amount to saying "your ideology is silly". That may very well be true, but don't expect to win anyone around.

      --
      SJW n. One who posts facts.
    106. Re:Pre-election laws by jbolden · · Score: 1

      Well the GP was arguing there was a distinction. You are arguing something more broadly, an almost total restriction on speech shortly before an election.

      So if you want to start the discussion. Try and draft up what you think the law should be accomplishing and what the law should be (outline).

    107. Re:Pre-election laws by Impy+the+Impiuos+Imp · · Score: 1

      "Too much speech" isn't something broken. Government restricting it is.

      Why myopics are so thrilled to jump into bed with government censorship I don't know.

      By the way, problems with corporate spending can be more properly lain at the feet of government having too much power to begin with rather than too much speech or too much campaign spending.

      I merely look at all of human history to make this judgement rather than short term "problems" with getting my viewpoints instantiated as law over opposition.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    108. Re:Pre-election laws by jbolden · · Score: 1

      I see what's going on here.

      A) USA definition of government = those agencies exercising group power which exist by force of law.
      B) UK definition of government (the way you are using it) = the party in power, the Ministers.

      A cook at the department of labor as part of the government. under (A) but not under (B). I meant (A) not (B) when I said the government shouldn't have this authority.

      As for as stopping news media or individuals from "interfering" with an election that's the question whether telling people stuff is interfering or informing. I'm not willing to grant the presupposition that news can interfere.

    109. Re:Pre-election laws by kenorland · · Score: 1

      McCain-Feingold never prohibited speech by existing media at all.

      Why should giant media companies, companies with big agendas and big money, have rights that other corporations don't have? Do you really think Fox or the NYT are more trustworthy than any other corporation?

    110. Re:Pre-election laws by fustakrakich · · Score: 2

      Paid and free speech have never been treated the same.

      And that is bullshit. They should be treated the same. Speech is speech, nothing more.

      --
      “He’s not deformed, he’s just drunk!”
    111. Re:Pre-election laws by Ravensfire · · Score: 1

      "1) Transparency. If an opponent is making a claim against you then be transparent about the issue and prove them wrong. Allow an independent body to investigate and verify your taxes or whatever is in question."

      Congrats - utterly ineffective. Candidate A releases a claim shortly before the election about Candidate B. Claim is false, but has JUST enough plausibility to get it through libel laws. Claim affects the election because you can't prove it false in time. Yup, happens now quite often and one of the most effective dirty tricks out there. Transparency is a great way to make someone feel better ... after the fact and rarely makes up for the damage done.

      -- Ravensfire

      --
      "But we decide which is right, and which is an illusion"
    112. Re:Pre-election laws by kenorland · · Score: 1

      So you are saying that if we only adopted Mexican election laws, our democracy and economy could flourish in the same way! We, too, could have 60 years of single party rule, because our citizens would not be "distracted" by campaigns. Thanks, but I think I'll pass.

    113. Re:Pre-election laws by jbolden · · Score: 1

      Do you really think Fox or the NYT are more trustworthy than any other corporation?

      Yes. Media companies have a limited number of issues which directly impact them. Outside of those issues, a media consensus represents a consensus of America's educated elite, the top 20%.

      Once we start hitting the other 160 industries in the USA we get into hundreds of thousands of companies that have all sorts of regulatory and policy positions that they want. By limiting the scope to media companies we limited the number of money biases. And if we had old fashioned press laws which prevented media companies from being bought and sold by other companies and even then regulated they would be even more independent.

    114. Re:Pre-election laws by jbolden · · Score: 1

      Well if you support bribery as speech then obviously campaign finance laws aren't going to make sense. I'd say you might want to get some experience with what bribery does to a society.

    115. Re:Pre-election laws by MrSenile · · Score: 0

      Then let me be the first: There should be no criminal penalties on any speech, information, or data transmitted from anyone, to anyone.

      Remind me to photoshop a picture of your daughter in revealing clothing, and post it to a porn site saying she's the latest prostitute and puts out for free then give your personal phone number as the contact, and list your wife as the Madam.

      But hey, that's ok right? Freedom of speech, information, or data transmitted from anyone to anyone... right?

      Oh wait, you mean this is libel and a criminal act especially as it involves a child? But you said it should all be free... I'm confused...

      Freedom of speech ends the moment it involves lies, slander, and libel. To support otherwise makes you a closet sociopath.

    116. Re:Pre-election laws by gwolf · · Score: 2

      The rules have been created in the last 20 years - that's roughly the period where a viable democracy has been seriously considered by the government. So, yes, there are many things not to be imitated in Mexico. There are many that are worth checking out. For instance, AFAIK (and I have done my fair bit of reading) the USA's electoral college system is unique in the democratic world, and it is the main responsible that the USA has a two-party system where no third voice is ever heard (and the two important parties tend to lean towards the center, being almost indistinguishable between them).

      A 100-year-old dual party system is not what I'd call democracy either ;-)

    117. Re:Pre-election laws by cayenne8 · · Score: 1

      It's the same if CNN of Fox news broadcast this type of stuff during election day (which I assume is illegal in America)

      Nope..it is perfectly legal to broadcast any ad you want at any time before, during or after an election if you so wish.

      You certainly aren't prohibited as a private citizen (or even a company) from doing the same on youtube to your hearts delight.

      And why should you...if you've not made your mind up by election day...shit, stay home....

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    118. Re:Pre-election laws by Xest · · Score: 1

      What's your point exactly then? If it's got enough plausibility to get through libel laws then it's just as trivially got the plausibility to get past censorship laws and there wont be enough time to act either way.

      I don't see how this is an argument for censorship? It's still going to be 100% ineffective in this case.

    119. Re:Pre-election laws by cayenne8 · · Score: 1

      A strong unified opinion at the NYTimes most likely represented a strong unified opinion among America's democratic/liberal leaning policy experts.

      There...FTFY....

      :)

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    120. Re:Pre-election laws by fustakrakich · · Score: 2

      Bribery is not speech. It's a payment for expect service. You nail the guy who accepts the bribe. And even then, only be removing him from office.

      I'd say you might want to get some experience with what bribery does to a society.

      It permeates throughout... Some places worse than others. The politicians are a mere reflection of that. Don't expect anything to change as long as it is rewarded so well.

      --
      “He’s not deformed, he’s just drunk!”
    121. Re:Pre-election laws by cayenne8 · · Score: 1

      Google should still be appealing the rulings, but they should also just "forget" all the official Brazilian government websites, all the political websites of current Brazilian officials, etc... until the appeals go through... add a big blank spot at all their official locations on google maps... and blacklist any brazilian government email addresses for sending and receiving via gmail, registering on any of the google sites, etc...

      I mean, if they don't want Google to publish stuff on the internet on their politicians, Google should comply wholeheartedly, like above.

      Why not just do it easier...and close down offices/server rooms in Brazil?

      It isn't like you have to have a physical presence in a country to run internet services to it....??

      Sure, they may get their searches a few milliseconds later than the rest of us...but who's going to notice that really?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    122. Re:Pre-election laws by cayenne8 · · Score: 1

      What about when your "freedom" has a direct impact on my safety? If you yell "Fire!" in a crowded theatre, there is panic and people fight to escape. People been trampled to death trying to escape. You also fail to address the point that it is completely legal to shout "Fire!" in a theatre if there is indeed a fire.

      I believe that would fall into the category maybe of "inciting a riot"....?

      There are VERY few limits put on speech by the govt...and when they might put peoples' safety in jeopardy...then it is punishable.

      But these are very few and far between, as well they should be.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    123. Re:Pre-election laws by Anonymous Coward · · Score: 0

      Now on to censorship. Please do not confuse the right to free speech with a mandate that someone provide you a platform or stage for that speech. If a company has offices in a country and doing business within that country, they are obliged to follow the local laws of the country. If that means blocking access to a video on their servers or removing it entirely, then they have to do it or suffer the penalties of breaking the laws. Google already censors a lot of stuff voluntarily- Google already complies with local laws in certain area they have offices in. It's not a big deal for them to comply with this.

      This isn't the government refusing to mandate that someone provide you a platform or stage for speech. This is the government mandating that certain speech is prohibited, and enforcing it by ordering the shutdown of companies who allow that speech on their platform. I don't know how you can possibly claim that this isn't censorship.

    124. Re:Pre-election laws by isorox · · Score: 1

      Saying Google is responsible for the videos its users upload is the same thing as saying ISP's are responsible for piracy, auto manufacturers are responsible for accidents, and gun manufacturers are responsible for gun crime.

      I love how the double standard comes out whenever it is convenient to support state control and leftism over progress.

      If google didn't censor any videos, you'd be right.

      However google censors a lot. Whether it's film trailers, or music videos, or comments by MPs.

      They censor these based on local laws, media pressure, and most often commercial reasons.

    125. Re:Pre-election laws by wisnoskij · · Score: 1

      Both installing censors to prevent any media for saying anything you dislike and simply killing them if they do is censorship, since both are suppression of speech. It does not matter if it is direct or indirect.

      Good god, it is called freedom of "speech", and no one has ever come up with a way (baring death or cutting out of the tongue) to prevent or take back physical speech, by your definition. Speech is suppressed by threats, and punishments for doing it; This is censorship.

      --
      Troll is not a replacement for I disagree.
    126. Re:Pre-election laws by SaroDarksbane · · Score: 4, Informative

      But hey, that's ok right?

      It's not okay, but it also shouldn't be criminal. You can be opposed to someone doing something and also not want it to be criminalized (see: drug war).

      But you said it should all be free... I'm confused...

      Why? Because you wrongly assumed I would be outraged by your scenario? I am not.

      So I reiterate: There should be no criminal penalties on any speech, information, or data transmitted from anyone, to anyone. What else ya got?

    127. Re:Pre-election laws by isorox · · Score: 3, Informative

      It's the same if CNN of Fox news broadcast this type of stuff during election day (which I assume is illegal in America)

      You would be assuming wrong. CNN or FOX can have a 24 hour presentation where they openly advocate for any candidates they want and say just about anything they want. The protections regarding political speech in the USA are very strong.

      Interesting.

      Certainly in the UK, once polling opens that's it for anything political. No exit polls, no party political broadcasts, and very guarded reporting from journalists.

      But then we don't have a (broadcast) media that openly campaigns for specific parties. We don't have political advertising either, at least not monetary advertising (parties get fair broadcast time based on how "major" they are)

      The newspaper industry often takes sides (It's the Sun wot won it), but the broadcast industry is a haven of impartiality compared with the U.S. media (but then our TV in general is much less eye-clawing)

    128. Re:Pre-election laws by parkinglot777 · · Score: 1

      Even though the article is not about finding a solution for censorship, I will respond to your methods to handle this sort of matter.

      The problem becomes how could one prove a claim to be false if the claim, as I already mentioned, is partially true but omit other truths?

      For example, A and B have a disagreement. Then A slaps B in the face first. Because of that, B punches A back and causing A to lose a few teeth. From that incident, A broadcasts that B punched him in the face and he lost a few teeth, but he did not mention that he actually initiates the incident. Does the broadcast contain bias? Is it a truth? Is it a false claim?

      You may argue that some people would ask A for a reason for B punching him. However, that's not the point of doing these kind of broadcasting. The point is to deliver the bias message to those who don't think much and are gullible enough to accept whatever information that are showing in public at the current time.

      Then back to the article, the point is to censor for 24 hours. If the person has already been elected because of the bias broadcast, there is no reversal of the election. Yes, the person may or may not be elected the next time, but the fact has not changed -- the person is elected and unlikely to be taken out of the office from his/her broadcasting.

      The example may not be fit to every situation, but it should give you something to think about why your solution may not really work. There are always some people who look for a loophole and exploit it. Even a handful of these people are already enough to cause global turmoil.

    129. Re:Pre-election laws by KingMotley · · Score: 1

      There are many ignorant Americans that believe "free speech" means you can say what ever you want, when ever you want, where ever you want and you can't get punished.

      The ones who actually bothered to read the constitution and it's amendments (which is required for graduating 8th grade, and 12 grade.. at least it was), know that isn't true.
      1) The first amendment does not protect the speaker from any ramifications or legal issues arising from what is said.
      2) It is only about what GOVERNMENT may or may not (mostly may not) censor.
      3) It does not say you can say what ever you want, when ever you want, and where ever you want. There are many instances in which people are this is not true.
      4) It's original intent was about political speeches. This has been expanded over time, but the original amendment was never meant to include them, so if you are going to demand your right to say something non-political, it doesn't come from here.

      Your example of shouting fire in a crowded theater does not apply for many reasons:
      1) A theater is private property.
      2) The first amendment does not protect you from being charged with inciting a riot, disorderly conduct, disturbing the peace, along with probably a long list of other crimes as well as being sued into oblivion for any and all damages that it may cause.
      3) Shouting fire is not a political statement.
      4) It is questionable if this would be viewed as an action of the government censoring speech -- IANAL.

    130. Re:Pre-election laws by KingMotley · · Score: 1

      "There are many instances in which people are this is not true." should have read "There are many instances in which this is not true".
      Copy/Paste for the lose.

    131. Re:Pre-election laws by ifiwereasculptor · · Score: 1

      More information: it's this video and it talks about an affair the candidate had, how he pressed his ex-lover for an abortion, denied fatherhood, pays little alimony while his salary is quite high, beat his child once etc. I don't know if the information contained in the video is true or not, but it's being considered libel.

    132. Re:Pre-election laws by MrSenile · · Score: 2

      So I reiterate: There should be no criminal penalties on any speech, information, or data transmitted from anyone, to anyone. What else ya got?

      I'll reiterate as well.

      Freedom of speech ends the moment it involves lies, slander, and libel. To support otherwise makes you a closet sociopath.

      We have no right to say and do anything that may directly affect others without any concern of consequences. Look up the definition of sociopath. How does that work for you?

    133. Re:Pre-election laws by TheSync · · Score: 1

      Note that in this case it's about good censorship. Most countries on earth have these kind of pre-election rules to combat PR attack on the last hours of elections

      Most Islamic countries on earth have rules to combat insulting the Prophet. "Good censorship" is an oxymoron.

    134. Re:Pre-election laws by Anonymous Coward · · Score: 0

      Great so by your logic, if I post something offensive about you on /. then /. is responsible for it and I'm off the hook. Does this apply to things like drive by shootings as well? Hmm... the world of possibilities that spawn off this logic.

      Holding a company responsible for the faults of an individual, is illogical. You logic is the reason we can't have anything cheap in the modern world. Google and other companies that provide a public service have to pay developers to add in features to accommodate your wanted lac of responsibility.
      You also probably one of those individuals who complains about DMCA take downs. While ignoring the multitude of false positives, including companies that force ads to be added into your videos even though your video infringes on nothing. While leaving you little to no recourse other than expensive suits that your video isn't worth. (This is partly due to the automation of these systems, but the law has set it up such that this still favors such systems.)

    135. Re:Pre-election laws by Anonymous Coward · · Score: 0

      Suppose person X finds mentally ill person Y, convinces and coaches Y into getting a bomb and then Y kills your family and himself with it. Shouldn't what X did be illegal? Certainly, despite him doing nothing but transmitting information to person Y.

      Person X hacks into the server Y at the local nuclear plant and deliberately makes it blow up, killing your family in the process. Shouldn't what X did be illegal? Certainly, despite him doing nothing but transmitting information to server Y.

      Person X is a crime boss who runs all crime in your local city but he never does anything personally - he always just tells his henchmen what to do and then they do it. Person X doesn't like you, so he sends his goons to kill your family. Shouldn't what X did be illegal? Certainly, despite him doing nothing but transmitting information to his underlings.

      Person X posts an ad in the newspaper, offering a reward for 1 million dollars to anyone who kills your family. Promptly, person Y goes to get the million dollars and kills your family, but a by-stander shoots Y and he dies too. Shouldn't what X did be illegal? Certainly, despite him doing nothing but transmitting information to the local newspaper.

    136. Re:Pre-election laws by Anonymous Coward · · Score: 0

      Freedom of speech ends the moment it involves lies, slander, and libel. To support otherwise makes you a closet sociopath.

      Unfortunately for you, supporting totally free speech only leads to being a sociopath in your mind.

      Thanks for coming out of the closet.

    137. Re:Pre-election laws by Fallingcow · · Score: 1

      If by "electoral college system" you mean "awarding most states' electoral votes in a winner-(of that state)-take-all manner", then yes, it is a major contributor to our de facto two party system.

      The electoral college itself is stupid for other reasons, though, notably that it has all the problems of a simple popular election and more, with no clear benefit.

      Like much of our American system, the idea of choosing representatives to handle the actual selection of the president is very sensible—it is and always has been ridiculous to expect the average person to be competent to make that choice directly—but the implementation failed to account for the adaptability of douchebaggery and it was neutered almost immediately to become the direct-by-proxy popularity contest bullshit we still see today.

      Also, neither of our current parties lean toward the center. One is center-right, the other is far right, and both seem to move farther right with each passing year. We're to the point where the bulk of mainstream Republicans' policy ideas and plans from (at least) the last half century are portrayed as being to the left of Marx.

    138. Re:Pre-election laws by SaroDarksbane · · Score: 1

      The person I was replying to stated that he had never seen anyone who said they supported absolute free speech and also understood and accepted the consequences of it. I stated that I support absolute free speech, and understand and accept the consequences of it. Now he can't say that any longer.

      Your personal disagreement with me on my views is immaterial to the point and I'm not sure your style of "debate" is really going to change anyone's mind, but if that's the maximum level of discourse that you can mentally deal with, we can run with it I guess:

      Freedom of speech ends the moment it involves the king!
      Freedom of speech ends the moment it involves the Prophet Muhammed!
      Freedom of speech ends the moment it involves speaking out against the government!
      To support otherwise makes you Hitler!
      Look up the history of Hitler. How does that work for you??

      Is that more to your liking?

    139. Re:Pre-election laws by Anonymous Coward · · Score: 0

      I would limit that to transmission of speech/information from and to anyone, as long as it is consensual. Freedom of speech should respect a freedom to control what one is willing to listen to.

    140. Re:Pre-election laws by sumdumass · · Score: 1

      And basically here is the crux of the problem the politicians seem to have with the Internet - they literally treat it as a singularly-owned company that can be strongarmed to subscribe to their notions of legality.

      That may be true in a larger scale, but in this specific case, it is a politician/judge who thinks that a company within it's jurisdiction is responsible for files it hosts.

      We seem to break down on the have-office->respect-law line. I understand that completely, and actually I really do agree with this - it's just that in this particular case i find it hard to accept that any law was actually broken, since Youtube as a whole is not actively "broadcasting" on Brazil's territory - it's just... connected to the Internet. If someone wants to request youtube's server, no problem - but doing so, it should be the user who is liable to potentially breaking the law.

      Well, that is definitely a defense Google can try to use. I doubt it will work when their tag line was broadcast yourself for a long time.

      The provider himself would only be liable if he was operating illegally where the actual servers hosting the material are standing, and the facilitator has no way of knowing whether his client has any illegal actions in mind. The datacenters are standing in the US as far as we know, and those materials are not illegal in the US, so Brazil telling Google to take down something that is not illegal where it is hosted and penalizing them for not complying is, in my opinion, an excessive use of local law.

      And here is where "what should be" and "what is" breaks down. For instance, the US expects US citizens and US companies to follow US law anywhere it goes unless there is a specific law in a specific place that contradicts US law. This means that a US citizen who goes to a hash-bar in Denmark is violation "free" but a citizen that gets smashed in Columbia where there isn't the same laws allowing the drug use can be in violation of US law as well as Colombian law. Similarly, a US company operating in Denmark could potentially sell drugs that would be illegal in the US but in Columbia, they are subject to US law if they are not prosecuted under Colombian law.

      Other countries have the same issues. If a company has offices within the country, they cannot use the outside portions of the company's to skirt the local laws without the local portion of the company being held liable or the potential to be held accountable for those outside actions.

      This gets more complicated because not illegal does not always translate to legal if someone is attempting to use foreign legal concepts to cover certain actions. Google has even less of a leg to stand on because the already blocks access to certain content in certain countries they have offices in because of local laws.

      http://www.salon.com/2012/09/19/youtube_blocks_anti_islam_film_in_saudi/

    141. Re:Pre-election laws by MrSenile · · Score: 2

      I have no problems as long as you accept the consequences to speech, especially if it includes libel or lies. When there are consequences to speech, it is no longer, in effect 'free'. Maybe free as in beer, but not free as in free.

      What you were saying was that you wanted absolute free speech with no consequences. I can't agree with that as, by definition, that actually is sociopathic behavior. It would also lead to the unfortunate inclusion of physical reactions since people, as a whole, do not have a comfort zone on verbal alone. Our long history proves that.

      As long as you acknowledge there's consequences to anything one may say, and accept them, I'm good.

      Thanks for the religious and hitler comments, amusing, if not overly accurate.

    142. Re:Pre-election laws by sumdumass · · Score: 1

      The argument was not that it is not censorship, it was that companies are subject to laws in the areas they operate in and that sometimes means those laws and rules will remove the ability to give platforms for the speech.

      Or in other words, you do not have any right to a platform or stage for your speech that overrides a company's legal obligation to follow the laws of the land in which they operate. Google being subject to the laws in the areas it operates is a separate and overriding issue then censorship. No speech rights will change that unless perhaps it is google's speech itself and the area has very strong free speech laws.

    143. Re:Pre-election laws by cheekyjohnson · · Score: 1

      good censorship

      I do not believe that exists.

      Since it's just 24 hours

      I'll punch you in the face. Don't worry, it'll only hurt for a few seconds.

      Can we shut down all religious websites for 24 hours, too? What about ones that disagree with my political opinions? It's just 24 hours, and I say it's "good censorship."

      --
      Filthy, filthy copyrapists!
    144. Re:Pre-election laws by Anonymous Coward · · Score: 0

      I find it amusing when I see Americans discussing free speech. Just ask Howard Sterns how much crap he got from the FCC. So saying the word p@##y on the radio must be stopped but the wackos from the Westboro Baptist Church are allowed to go and disrupt the funeral of war veterans. So much for free speech....

    145. Re:Pre-election laws by cheekyjohnson · · Score: 1

      it's simply that there are consequences

      Then you're not allowed to do so. If you are punished by the government, then that defeats the entire purpose of freedom of speech.

      I agree that it's not censorship, though.

      --
      Filthy, filthy copyrapists!
    146. Re:Pre-election laws by cheekyjohnson · · Score: 1

      What about when your "freedom" has a direct impact on my safety?

      What, you mean the same justification used for the TSA and the Patriot Act? "Your right to privacy has an impact on my safety! We must all sacrifice it to be safe!"

      Oh. A direct impact. Well, luckily for you, that isn't possible with speech. The only people who can hurt (physically) you are the listeners, and their actions are their own.

      If you yell "Fire!" in a crowded theatre, there is panic and people fight to escape.

      I've got to wonder if this has ever actually happened.

      --
      Filthy, filthy copyrapists!
    147. Re:Pre-election laws by cheekyjohnson · · Score: 1

      what benefit is there

      That depends entirely on how you define "benefit," but whether or not there's a benefit depends on the person you ask. I'm sure there are many things that you could say have 'no benefit'; that doesn't mean we should be able to ban them.

      --
      Filthy, filthy copyrapists!
    148. Re:Pre-election laws by SaroDarksbane · · Score: 1

      I should have been more clear, perhaps. "Consequences" meaning the logical consequences that flow from the stated position, not the consequences of the speech itself. I.e. if you say you believe in absolute freedom of speech, you can't back away when someone points out that such a position would make the distribution of child pornography legal. That's a logical consequence of believing in absolute free speech.

      And obviously, speech will have consequences, even if they aren't legal ones. If you go to work and insult your boss, you might be fired. If I invite you over to my house, and you yell and swear at me and my family, I'll probably ask you to leave and not be your friend anymore. Those are consequences, but they don't involve violence, jail time, or censorship on the part of a government.

    149. Re:Pre-election laws by Anonymous Coward · · Score: 0

      There are many ignorant Americans that believe "free speech" means you can say what ever you want, when ever you want, where ever you want and you can't get punished.

      Really? I've heard people claim that and then immediately claim that speech they don't like should be banned. That might include racist speech, speech that hurts their feelings, etc. It's simple: they simply say that anything they disagree with isn't free speech. Therefore, we have absolute freedom of speech because no free speech is being limited!

      2) The first amendment does not protect you

      Of course not; it's just text. How could text damage or protect you? The first amendment includes no such limitations, though.

    150. Re:Pre-election laws by cheekyjohnson · · Score: 1

      I would not be guilty of anything in regard of the law?

      I'm sure you would be. That's how the law is right now.

      But I don't think you should be.

      --
      Filthy, filthy copyrapists!
    151. Re:Pre-election laws by jbolden · · Score: 1

      No not really. The NYTimes isn't The Nation or The Progressive.

    152. Re:Pre-election laws by cheekyjohnson · · Score: 1

      I can still see a case to be made for a limitation on "political" speech immediately leading up to a vote.

      I thought you were a very strong advocate of free speech and personal liberty? I thought I read that somewhere...

      Indeed, this would be less a limit on speech, but more a limit on WHEN such speech is allowed - and in a fair and balanced way.

      I don't think any of it is fair and balanced. It's like free speech zones in the US. They could make the argument that you still have the right to free speech, but you just can't have it over here. Why anyone would trust the government with such powers is beyond me. As usual, it's all for safety.

      --
      Filthy, filthy copyrapists!
    153. Re:Pre-election laws by MrSenile · · Score: 1

      Whew. Ok, good, we're basically on the same page.

      One of the reasons I brought up that disgusting child reference is that tends to be one of the hardest hitting ones in society, and tends to be one that triggers a physical response.

      I don't agree with all the government filtering, especially since most of the time they do a half-ass effort and get it wrong anyway. However, I have to say I understand their point of view.

      If someone says something horrible, all lies and speculation, but the majority of people accept this as 'true', whether because the person is powerful (rich, famous, other), or because they have a huge following (religious zealot leader, political enigma, etc), and the person they're accusing is some poor joe schmoe, it could have horrible consequences.

      Let's assume Joe loses his job over it, and can't find another. He can't support his family, so child welfare is called in, and takes his children away. His wife leaves him because of his inability to keep the family together, and her own failure to keep the children. How many times do scenarios like this happen already, with the current filtered speech. How much worse would it be if it was utterly free?

      I understand your viewpoint, and in a lot of ways, I wish for it to be government/political free as well, but as long as people physically react (as in pulling a gun and killing people who ruin their lives with just a few well put words, or other over-the-top reactions), I honestly can't see it happening. Free speech is only good if everyone is on an even playing field. Media and government has already weighted this system against the common individual, so it's an impossibility in the existing environment.

      And if joe schmoe pulled the gun and killed the instigator, he would be held accountable for the murder, but based on the free speech idea, the person who pushed him there by public assassination of every moral foundation the person had, would get away scott free. This is also what I mean by consequences. Sometimes, the innocent needs some way to protect themselves, when freedom of speech has no answer for them.

      Does that make any sense?

    154. Re:Pre-election laws by Pieroxy · · Score: 1

      Just to be clear: Do you think what I told the 5 year old kid is morally acceptable?

      If yes, I'm sorry for you, really.

      If no, do you think society should have structures in place to deal with such behavior?

      If yes, why not make a law about it?

      If no, well, how do you think society should deal with this? Or should it?

    155. Re:Pre-election laws by cheekyjohnson · · Score: 1

      If no, well, how do you think society should deal with this? Or should it?

      Education. I do not believe that people should be able to be convinced that they can fly. Granted, this is about a five year old. However, the likelihood of this occurring seems to be extremely small in the first place.

      I do not see a problem.

      --
      Filthy, filthy copyrapists!
    156. Re:Pre-election laws by Xest · · Score: 1

      "Both installing censors to prevent any media for saying anything you dislike and simply killing them if they do is censorship, since both are suppression of speech. It does not matter if it is direct or indirect."

      No it's not, unless you kill them before they make that speech.

      Censorship is simply the process of preventing someone broadcasting something either vocally, by the internet, using a book or whatever. You're only preventing someone from saying something by killing them if you do so before they get their message out, if you do it after they say it, you're not censoring them, you're discouraging them if they're aware of the consequences, but you are absolutely not stopping them and hence censoring them. It may be that you're then censoring them getting a further message out, but you did not censor that original message.

      Look, you're getting freedom of speech and censorship mixed up, that's fine, you don't understand the subtle difference, but that's your problem if you can't grasp that. Note that freedom of speech is arbitrarily defined anyway- in America freedom of speech isn't absolute for example but you're not being censored if you're discouraged from shouting fire in a crowded theatre, merely being reminded that there are consequences for abusing free speech.

    157. Re:Pre-election laws by Xest · · Score: 1

      But that's only an issue if you have unhealthy media laws. In this case we're talking about YouTube, the opposition can put up their counterclaim, they're more than welcome to.

      Similarly in the UK for example we have a public broadcaster, the BBC, who is explicitly forbidden from this sort of thing. If it is found guilty of bias it's forced to issue a public apology and retraction. The good thing is is that forces other broadcasters to similarly be fairly objective else no one would waste their time with them, as such all the UK's main news channels are fairly objective - even Sky, Murdoch's owned station is forced to be more objective than his paper monopoly is for example.

      The issue you're raising isn't one that requires outright censorship, it's one that requires a healthy media. If you have a country that's allowed one guy to create a complete monopoly then I agree there's an issue, but as I say, it's most definitely not censorship that's the solution.

    158. Re:Pre-election laws by jbolden · · Score: 0

      But then we don't have a (broadcast) media that openly campaigns for specific parties.

      Prior to FOX we didn't either. We used to have more like your system where broadcast was establishment non partisan and print was diversified. But today most large towns have only one good newspaper but a few dozen cable news stations.

      Anyway IMHO just to generalize because our media is corporate controlled it ends up being far less free in practice than it should be in theory. The result is that Europeans don't often realize how much stronger media protection laws are in the United States because we don't exercise them on the mainstream media. Its one of the reasons issues like Scientology or holocaust denial play very differently.

      Certainly in the UK, once polling opens that's it for anything political. No exit polls, no party political broadcasts

      Let me just point when I was a kid you used to get handed endorsement sheets at the polling place. In other words a 1/2 dozen political groups, would hand you a ballot with who to vote for. Most states have gotten rid of that because it could be used for intimidation but the intent was advertising / lobbying minutes before you voted.

    159. Re:Pre-election laws by Anonymous Coward · · Score: 0

      I agree with you, but contrary to the GP, I don't think this issue is about censorship.

      It's about respect. Many countries I know in South America have rules to not bad mouth the competition. These rules apply to commercial brands (such like Coca Cola or Pepsi advertisement common in the US, where the other brand is clearly shown in the ad, as lower leveled) and also to presidential candidates (such as another type of ads, common in the US, of "The other candidate was in Jail.. do you know why?" followed with an "I approve this message").

      Those type of ads are banned in many places in South America. Furthermore, in the last 24 hours prior elections, in many countries, there's no selling of alcoholic beverages and campaigns are frozen (no last minute brain picking on voters), and clearly no campaign people outside the voting places.

      Some people/companies are not aware of that. Which I think is a must for company that runs on Ads... to comply with advertisement regulation.

    160. Re:Pre-election laws by parkinglot777 · · Score: 1

      Hmm... I think it starts to get further and further off topic. You may not assume that good media laws in your definition could be applied or would be as good when they are applied to other countries. Even though laws seem to be universal, laws actually are depended on local culture. It may look unhealthy to one's perspective, but is perfectly fine to others.

    161. Re:Pre-election laws by Pieroxy · · Score: 1

      Granted, this is about a five year old. However, the likelihood of this occurring seems to be extremely small in the first place.

      I do not see a problem.

      Right, and child porn is not a problem either. Nor is pedophilia. Do you realize you do not have to do anything to do any of those things other than convincing the kid to do it himself?

      I don't know what your ideal world looks like, but I most certainly do not want any of it. Education is one of the most powerful tools we have, I agree on that one. But it's no magic bullet. How will you deal with handicapped or disturbed people? Educate them? Is education your cure to any kind of psychological disorder? Good luck with that.

    162. Re:Pre-election laws by mcgrew · · Score: 1

      In Illinois you can't place a campaign sign closer than 100 feet to the polling place, and iirc you can't even wear a campaign button while voting.

    163. Re:Pre-election laws by Anonymous Coward · · Score: 0

      And in Iran, it's not about censorship, it's about respect towards prophet and Quran.

      And in North Korea, it's not about censorship, it's about respect towards supreme leader.

      And ... Well, you catch my drift.

    164. Re:Pre-election laws by cheekyjohnson · · Score: 1

      Nor is pedophilia.

      I don't believe pedophilia is a problem. I believe child molesters are a problem, though.

      Do you realize you do not have to do anything to do any of those things other than convincing the kid to do it himself?

      Do you realize that I don't feel the problem is the speech?

      But it's no magic bullet.

      It doesn't need to be one; the situation you presented is not only highly unlikely, but results due to someone's stupidity.

      Is education your cure to any kind of psychological disorder?

      I don't think you understand. I would prefer that it works, but I don't believe the fact that it doesn't work in some cases justifies limiting people's freedoms.

      Safety, safety, safety... that's all people seem to care about.

      --
      Filthy, filthy copyrapists!
    165. Re:Pre-election laws by Pieroxy · · Score: 1

      the situation you presented is not only highly unlikely, but results due to someone's stupidity

      I believe you are anti religion on that one. But even without the priests there are a shitload of people doing improper things with children - even only with words - screwing them up for good. If you think it is unlikely the only reason can be that you have no fucking clue how common it is. If I could pinpoint one of the most prevalent cause of shit in our society, that would be the one, no contest.

      Of course, shielding the children is going the opposite way. But exposing them to too much shit is also bad. As with everything in life, it's the middle ground that is ideal, and this middle ground is different for all children.

      I don't believe the fact that it doesn't work in some cases justifies limiting people's freedoms

      I see. You are one of those people that consider that freedom to hit your neighbor is higher than the freedom of not being hit. Fine by me. Hopefully you don't make the rules.

    166. Re:Pre-election laws by I_am_Jack · · Score: 1

      There is good discussion to be had on whether limiting political speech or paid for speech leading up to an election is good or bad in balance.

      Indeed. And this doesn't even begin to address the role of the press, at least here in the US. In the name of competitive coverage, the idea of allowing political hucksters to influence the electorate (and I'm referring to the Karl Roves, James Carvilles, and Grover Norquists and their agents and controllers, not so much the candidates themselves) for a week before the election, and even as polls are still open across the US is incredibly irresponsible. Restricting sloppy reporting is not censorship. Enforcing higher standards of reporting and accuracy, while actually paying more than lip service towards it's implied mission of creating an informed electorate would go along way toward redeeming the abysmal job our news media has performed over the past 30-some-odd years.

    167. Re:Pre-election laws by Anonymous Coward · · Score: 0

      Freedom of speech ends the moment it involves lies, slander, and libel

      Slander and libel, I can get behind. Those are acts with the deliberate attempt to harm someone's reputation through spreading falsehoods. But lies? In general? I assume you mean in certain circumstances. Like not being allowed to lie on your tax forms about how much you make, or not being allowed to lie while testifying in court.

      But lying in general should be protected speech for a number of reasons. For artistic expression, to protect one's privacy, to misdirect someone who means harm, or to get a better deal when haggling. I lie to corporations all the time because I don't want to them to have my personal information. You would make that criminal? I would choose to be a criminal, then.

    168. Re:Pre-election laws by cheekyjohnson · · Score: 1

      If you think it is unlikely the only reason can be that you have no fucking clue how common it is.

      The situation you presented (convincing a kid that they can fly and it resulting in their death) seems unlikely. I'm not really a "for the children" type of person.

      As with everything in life, it's the middle ground that is ideal

      Argument to moderation.

      You are one of those people that consider that freedom to hit your neighbor is higher than the freedom of not being hit.

      Depends on what we're talking about.

      --
      Filthy, filthy copyrapists!
    169. Re:Pre-election laws by T+Murphy · · Score: 1

      What else ya got?

      Perjury?

    170. Re:Pre-election laws by SaroDarksbane · · Score: 1

      First, thank you for much better edge cases than the usual "fire in a crowded theater!" and "slander!". Yours are much more interesting to talk about.

      The nuclear example is the easiest to dispose of, since it involves an actual property crime (essentially trespassing).

      The others are trickier, but I think the distinction in question isn't about what they did or didn't say, but rather that they aided and abetted an actual property crime. For example, we prosecute the driver of the get-away car just as much as we prosecute the people who actually rob the bank at gun point. This isn't because driving people around is illegal or requires close scrutiny, but because they were knowingly a party to an actual property crime.

      Or, for a similar example involving speech, imagine that I pull a gun on you in a darkened alley and say "Your money or your life." Obviously a crime, right? Now add that we happen to be actors in a movie and I am reading from a script when I do so. Obviously not a crime. That is to say, it's not the speech that makes such a thing a crime, it's the actual property crime behind it that does so.

      From that perspective, we can see that slander and libel should not properly be considered crimes, since there is no property crime to back them up (you can't have a property right in your reputation, since that exists solely in the minds of others). It's the same with calling Mohammed a pedophile, telling the king of Thailand to piss off, or simply transmitting information to the public at large about how to build a bomb from household ingredients.

    171. Re:Pre-election laws by Pieroxy · · Score: 1

      Depends on what we're talking about.

      You said: "limiting people's freedoms". But what the fuck does that mean? Some will want the freedom to speak. Others the freedom to have silence. Some the freedom to smoke, others the freedom to not have smoke in their face. Some the freedom to say Obama is not a US citizen. Obama the freedom to not have blatant and provable lies spread around.

      EVERY freedom comes at the price of another. Saying you don't want to limit freedom is utter nonsense by the sheer definition of the words in the sentence. It just proves you don't know that your freedoms are in fact limiting other's freedom. It proves you just lack empathy and whatever you do you don't give a fuck how it impact the rest of the world.

    172. Re:Pre-election laws by Anonymous Coward · · Score: 0

      What about yelling fire in a crowded movie theatre? What about the location of troops? National secrets?

      As the Jesuits have taught, "never deny, seldom affirm and always distinguish"

    173. Re:Pre-election laws by cheekyjohnson · · Score: 1

      But what the fuck does that mean?

      It means I decide whether I want the policy on a case by case basis. I don't care for limitations on speech, and that is what I was referring to (which I thought was obvious).

      In other words, by "limiting people's freedoms," I meant, "this is not a freedom I want limited." I thought that was perfectly obvious.

      It just proves you don't know that your freedoms are in fact limiting other's freedom.

      Like my right to not be murdered limits someone's right to murder me.

      I think all it proves is that you're reading too much into it and making assumptions.

      It proves you just lack empathy

      There are a lot of Internet psychologists lurking about.

      Allow me to read your thoughts: you don't really believe anything you just said. Your response 'proves' that you've been lying about your opinions the entire time.

      --
      Filthy, filthy copyrapists!
    174. Re:Pre-election laws by sustik · · Score: 1

      No campaign in the last 72 hours? Then what if your opponent release an attack 72 hours and 1 minute before the election? It seems you cannot defend yourself according to the law... How does this actually work?

      Better solution: make the voters aware that political adverts are not to be taken seriously and they are more often wrong than not. Definition of the idiot voter: believes what a political campaign tells them and cannot recognize political ads dressed as news, think tank policy paper etc.

    175. Re:Pre-election laws by Pieroxy · · Score: 1

      But what the fuck does that mean?

      It means I decide whether I want the policy on a case by case basis. I don't care for limitations on speech, and that is what I was referring to (which I thought was obvious).

      In other words, by "limiting people's freedoms," I meant, "this is not a freedom I want limited." I thought that was perfectly obvious.

      Yes, of course, You, Your thoughts, the freedoms You want. But you completely obliterate the fact that every freedom YOU want not limited implies a freedom you limit for someone else. A bit self-centered, wouldn't you think?

      It just proves you don't know that your freedoms are in fact limiting other's freedom.

      Like my right to not be murdered limits someone's right to murder me.

      Your right nor to be murdered stop (in the legal sense at least) whenever you try to kill someone. Self defense is the right to kill someone. Everyone has it. So you see? Your right not to be murdered is not universal and absolute.

      I think all it proves is that you're reading too much into it and making assumptions.

      And I think you're talking too much about your rights, and not enough about the rights of others. When talking about society, it doesn't serve much purpose to expose your view and just say other people's view are just stupid.

      It proves you just lack empathy

      There are a lot of Internet psychologists lurking about.

      Allow me to read your thoughts: you don't really believe anything you just said. Your response 'proves' that you've been lying about your opinions the entire time.

      Ok.

    176. Re:Pre-election laws by sustik · · Score: 1

      Not anything though. It is not allowed to report on exit polls until polls closed. It is forbidden to say: X candidate is winning according to the exit polls we need to get our supporters to the booth!

    177. Re:Pre-election laws by Anonymous Coward · · Score: 0

      Yes, but libel laws, prohibitions on death threats, and prohibitions on publishing government secrets are also censorship. Censorship itself is just a label. Calling something that doesn't automatically make it bad.

      Libel and defamation are - generally - civil penalties after the fact and not a prior restraint on speech. I think those laws ought to be relaxed somewhat. Making death threats is generally criminal not the communication per se. For example, I can make a movie that includes making death threats as part of the plot. No restraint on speech. I cannot make that same death-threat-filled movie showing even simulated kitty porn. That is a prior restraint on speech, not activity. Showing make-believe death threats is fine, showing certain make-believe porn is not. That that is prior restraint - that is censorship.

      It is the action of threatening a life that is wrong. What you call censorship is stretching the definition of the word needlessly. You can use terms as you wish, but I think you elected some non standard examples.

    178. Re:Pre-election laws by tolkienfan · · Score: 1

      If there's cost and no benefit, mere logic dictates that there is an overall benefit to the limit.

    179. Re:Pre-election laws by cheekyjohnson · · Score: 1

      A bit self-centered, wouldn't you think?

      Maybe it is, but I don't think that's a bad thing at all in this case. I honestly don't see where you're going with this. Are you saying that all laws are self-centered? If so, I don't mind that at all, but I'm free to disagree with whatever I please (or at least I believe I should be able to).

      Your right not to be murdered is not universal and absolute.

      Never said that it was. Either you're arguing with many different straw men, or I'm seriously misunderstanding you.

      And I think you're talking too much about your rights, and not enough about the rights of others.

      I don't think so. Of course, I'm not just talking about my rights; I'm speaking of a right I believe everyone should have.

      But aren't their desires a bit selfish, anyway? They just want to fulfill their goals! Clearly that's the case...

      it doesn't serve much purpose to expose your view and just say other people's view are just stupid.

      I don't know what you're talking about.

      --
      Filthy, filthy copyrapists!
    180. Re:Pre-election laws by cheekyjohnson · · Score: 1

      Who decides what is and is not a "benefit"? I might see your hobbies as being completely worthless and detrimental, but that is only my opinion. The fact that you cannot see a benefit does not mean something should be banned.

      --
      Filthy, filthy copyrapists!
    181. Re:Pre-election laws by tolkienfan · · Score: 1

      Depends on how limited it is.
      I, for example, agree with slander and libel laws.
      Personal liberty is harmed when someone is legally entitled to slander you.

      Why would anyone trust the government to do anything? Why, for example, do we trust them to police the country? Because alternatives have historically been worse.

      I don't agree with the free speech zones. I don't think they are terribly similar to limited speech prior to elections, because they differ vastly in terms of likely abuses.

      But at least these are valid points to discuss and debate.

      The whole "fire in a movie theater" thing is entirely irrelevant.

    182. Re:Pre-election laws by shutdown+-p+now · · Score: 1

      Outside of US, it is indeed pretty common to have a blanket ban on all electoral propaganda in the short period immediately preceding the vote.

    183. Re:Pre-election laws by tolkienfan · · Score: 1

      I couldn't agree more.

      "news" in this country is a mix of entertainment, propaganda and control.

      We're not as free as we think we are.

    184. Re:Pre-election laws by cheekyjohnson · · Score: 1

      I, for example, agree with slander and libel laws.

      I don't.

      Personal liberty is harmed when someone is legally entitled to slander you.

      I believe it's harmed when someone believes the slander and then takes action against you. I believe they're the ones at fault.

      I don't agree with the free speech zones. I don't think they are terribly similar to limited speech prior to elections, because they differ vastly in terms of likely abuses.

      "Go somewhere else if you want freedom of speech" doesn't seem too different to me than "wait for a while if you want freedom of speech."

      All that matters is safety, though. Especially if you disagree with someone's political speech.

      --
      Filthy, filthy copyrapists!
    185. Re:Pre-election laws by cheekyjohnson · · Score: 1

      Why would anyone trust the government to do anything?

      Not really relevant to what I said (which was talking about the limitation of speech).

      --
      Filthy, filthy copyrapists!
    186. Re:Pre-election laws by tolkienfan · · Score: 1

      Generally a majority.
      So far I haven't heard any. Not a single one.

    187. Re:Pre-election laws by SaroDarksbane · · Score: 1

      No criminal penalties attached to any of those.

      The holder of a government clearance has agreed via a voluntarily contract not to reveal certain information that the government wants to keep secret. A regular citizen has no such obligation to keep government secrets, even today.

    188. Re:Pre-election laws by Anonymous Coward · · Score: 0

      No. It's annoying. I know you want to make your point on freedom of speech, but it's also respect. In the US they now have something called Hate crimes/speech, because of that. If you don't think so, then go, as a Caucasian and bad mouth black people in public. That lack of respect is what leads to intolerance. And that's why in some countries we don't have that racism issue, except when the US feels like we need to feel bad about stuff like that.

    189. Re:Pre-election laws by SaroDarksbane · · Score: 1

      My position here is complicated by the fact that I don't believe people should be forced to testify at all. But assuming voluntary testimony, have them enter into a contract beforehand.

    190. Re:Pre-election laws by Anonymous Coward · · Score: 0

      You keep perpetuating that myth like a good little conservative.

      Jackass.

    191. Re:Pre-election laws by cheekyjohnson · · Score: 1

      Generally a majority.

      Meaning...?

      I was simply saying that it's subjective, not that tyranny of the majority doesn't exist.

      So far I haven't heard any. Not a single one.

      I'm sure someone who thinks it has benefits could tell you. I suspect people who want to falsely scream "fire" in a crowded theater and incite panic are pretty rare, though.

      --
      Filthy, filthy copyrapists!
    192. Re:Pre-election laws by jbolden · · Score: 1

      Those are agreements between the networks and for people buying the exit poll data contract information not to say in advance what the exit polls show until polls close. There are no laws preventing anyone from saying anything about the exit polls. So in 2008 Matt Drudge leaked the information early without consequence.

    193. Re:Pre-election laws by Anonymous Coward · · Score: 0

      The primary purpose of freedom of speech laws in the US were in reaction to the laws in England at the time that more or less made it a capital offense to speak ill of the King.

    194. Re:Pre-election laws by jbolden · · Score: 1

      I understand. I think the alternative systems are a terrible idea but I do get it.

    195. Re:Pre-election laws by mjwx · · Score: 1

      So I reiterate: There should be no criminal penalties on any speech, information, or data transmitted from anyone, to anyone. What else ya got?

      So, why did you have sex with over 50 six year old boys.

      You have to accept that people need to be held accountable for what they say, otherwise you're a paedophile (I don't need to prove you're a paedo seeing as I can never be punished for saying anything, even when it's deliberately false and malicious, I just need to repeat it enough times ( you paedophile) so that other people believe it. See "the big lie").

      So, given your sordid history of kiddy fiddling, Do you not think that the founding fathers considered the "Fire in a crowded theatre" clause when codifying free speech in the US? BTW, your nickname is quite appropriate Mr Senile.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    196. Re:Pre-election laws by rtb61 · · Score: 1

      The principle is to create a single archived source of political information that the public is taught to rely upon. Note it does create the information, it simply distributes and stores it permanently and legally requires all paid politically commercials to be initially distributed from it. In the US it would be the library of congress.

      --
      Chaos - everything, everywhere, everywhen
    197. Re:Pre-election laws by kenorland · · Score: 1

      Media companies have a limited number of issues which directly impact them.

      The biggest issue that directly impacts them is government regulation, which means that in that case, media just become a propaganda tool for a political elite, and their purpose and goal becomes to keep that elite in power.

      Outside of those issues, a media consensus represents a consensus of America's educated elite, the top 20%

      And that "educated elite" soon turns into a non-meritocratic elite of power and privilege, twisting facts for their own political and economic interests. Thanks, but no thanks.

      If you don't want to hear what Exxon or Google or the Catholic church have to say about a law, don't listen to them. I do want them to contribute to political debate even if I think some of them are the spawn of the devil.

    198. Re:Pre-election laws by cheekyjohnson · · Score: 1

      That lack of respect is what leads to intolerance.

      As long as it was just speech, I do not believe they should be arrested for anything. Also, that's just incredibly ambiguous. "Respect" can mean just about anyone. Criticized me? Disrespectful. You disagree with me? Disrespect.

      What is it about safety that is so interesting?

      --
      Filthy, filthy copyrapists!
    199. Re:Pre-election laws by jbolden · · Score: 1

      The biggest issue that directly impacts them is government regulation

      What regulations impact them strongly?

      And that "educated elite" soon turns into a non-meritocratic elite of power and privilege,

      How does that happen?

      If you don't want to hear what Exxon or Google or the Catholic church have to say about a law, don't listen to them

      The issue isn't their right to speak. It is their right to contribute.

    200. Re:Pre-election laws by kenorland · · Score: 1

      What regulations impact them strongly?

      Any regulation Washington chooses to dream up, like requirements for what to broadcast, wireless sales, content regulations, etc. Many countries with the kind of system you favor force media companies to have government representatives on their board or submit to government content regulation.

      How does that happen?

      They hand-pick their own political successors, use the media and the party machineries to position them for election, and then have compliant replacements for retirement. You see the extremes of this in communist regimes, where there is only one party and a sure-fire successor, but weaker versions of that exist in many "democracies".

      The issue isn't their right to speak. It is their right to contribute.

      There are no contributions involved. These companies and organizations make films and ads and put them on the air, just like anybody else who wants to speak to the American public. And you want to silence them.

    201. Re:Pre-election laws by Xest · · Score: 1

      If you raise a problem and someone points to a solution outside the scope of the article you can't simply write it off as off-topic.

      You similarly can't assume that censorship will be applied fairly, so it's stupid to even bother going down that route. You can't ever assume fairness, but if you work on the principle that an idea is not worth bothering with because there's no guarantee of it being applied fairly, then no solution at all is going work.

      The issue you raise is entirely down to an unhealthy media landscape, as I said before, censorship is not the solution to that problem. You're right that different cultures may have different views, but that doesn't mean that said cultures are right in their views, especially as nowadays censorship doesn't even work in this sort of case - if YouTube is blocked you can guarantee a thousand other pages will put the video up and people will be more inclined to go and see what the fuss is about.

    202. Re:Pre-election laws by jbolden · · Score: 1

      Any regulation Washington chooses to dream up, like requirements for what to broadcast, wireless sales, content regulations, etc

      Exactly. Which is what I said. They are effected by a small percentage of regulations specific to media. Which means on most regulations they are unaffected and indifferent.

      Many countries with the kind of system you favor force media companies to have government representatives on their board or submit to government content regulation.

      You don't have any idea what sort of system I favor.

      There are no contributions involved. These companies and organizations make films and ads and put them on the air, just like anybody else who wants to speak to the American public. And you want to silence them.

      Nobody is questioning them producing content. They are questioning purchasing advertising.

    203. Re:Pre-election laws by _Sharp'r_ · · Score: 1

      So, to correct the Unknown Lamer's attempted correction of the original submission, Brazilian police have actually arrested the President of Google Brazil.

      Just thought that should be noted somewhere in the comment threads, even though it'll likely be lost in oblivion.

      --
      The party of stupid and the party of evil get together and do something both stupid and evil, then call it bipartisan.
    204. Re:Pre-election laws by kenorland · · Score: 1

      Exactly. Which is what I said. They are effected by a small percentage of regulations specific to media. Which means on most regulations they are unaffected and indifferent.

      The "percentage" doesn't matter. If media companies are the only companies who can engage in that kind of speech, Washington will focus on them to have them say and do whatever is most useful for Washington politicians.

      You don't have any idea what sort of system I favor.

      Why? You have been pretty clear about the kinds of restrictions you want to place on companies. Have you been lying?

      Nobody is questioning them producing content. They are questioning purchasing advertising.

      As I was saying: "These companies and organizations make films and ads and put them on the air, just like anybody else who wants to speak to the American public." That means "making contributions", "producing content", and "purchasing advertising". All three are necessary in order to speak to the public during an election. You said you want to restrict two of the three activities. I disagree, as do others and the SCOTUS. Not only are these rights protected under the Constitution, as I was saying, I want to hear from these companies and organizations, even if I usually end up totally disagreeing with them.

      Restricting the ability of these companies and organizations to "purchase advertising" only makes sense if you view the voter as some dumb robot, incapable of figuring out which information is good and which information is bad, and pressing the buttons he is told. If that's what voters are, then we might as well give up on democracy altogether.

    205. Re:Pre-election laws by SaroDarksbane · · Score: 1

      Repeat it all you want. I will still defend your right to do so.

      I don't know why you thought I had never considered "people saying mean, untrue things about me" when formulating my position.

    206. Re:Pre-election laws by jbolden · · Score: 1

      If media companies are the only companies who can engage in that kind of speech, Washington will focus on them to have them say and do whatever is most useful for Washington politicians.

      We live in a democracy. Politicians as far as policy goes, with possible minor exceptions like being able to move to lobbying, don't have separate policy agendas.

      ." That means "making contributions", "producing content", and "purchasing advertising". All three are necessary in order to speak to the public during an election.

      No they aren't. Plenty of people speak without purchasing advertising or contributing. Corporations when they used to be prohibited from buying advertising were perfectly able to speak by going on public interest shows and discussing their ideas in open forums.

      Restricting the ability of these companies and organizations to "purchase advertising" only makes sense if you view the voter as some dumb robot, incapable of figuring out which information is good and which information is bad, and pressing the buttons he is told. If that's what voters are, then we might as well give up on democracy altogether.

      You can have a moderate positions that voters can parse information but not perfectly and are influenced by incorrect or biased information. That advertising works, particularly in edge cases but not perfectly. And thus influencing policy by advertising is a problem without it being an unstoppable force.

    207. Re:Pre-election laws by DirtyLiar · · Score: 1

      Basically, you're saying you think censorship is valid in some circumstances? Such as what? Anti-muslim hate videos? Electoral accusations? Videos that disagree with the state's point of view?

      There is the concept, at least in the US, of Criminal Recklessness.

      --

      THINK! It's patriotic

    208. Re:Pre-election laws by Anonymous Coward · · Score: 0

      The US has possibly the strongest protection of freedom of speech in the world, and any such law would be in violation of the constitution.

      The main purposes of the First Amendment were to ensure
      i) the owners of the presses could be as biased as they like in their support for particular politicians;
      ii) no oppression for non-CoE religions.

      Never forget that America was founded by salesmen and Puritans.

      Don't forget the third "main purpose": being able to suppress people speaking out against slavery. This is evident from the fact that the original 1st Amendment (as written by James Madison, at which point in time it was the 3rd Amendment) was changed from his original wording so that it would NOT limit the ability of the states as well as the federal government. This is why the 1st Amendment, alone in the Bill of Rights, is the only place where a limit specific to Congress is mentioned: a reasonable person would interpret all of the other rights as being intended to apply to BOTH the federal and state governments (as would anybody familiar with James Madison's history and just who elected him to Congress...). The net effect was that the slave states could and did create laws that let them imprison people who spoke out against the slave system.

      Of course, if the legal professionals creating these laws had integrity, they wouldn't have created these laws, or, given that they were created, wouldn't have allowed such clearly wrong laws to be enforced. Aren't legal professionals wonderful?

      To be fair, some legal professionals were against this from the beginning (and spoke out against it at the Constitutional Convention, which further damns those that implemented the policies: they could not plead ignorance with respect to the idea that slavery was wrong), but they were clearly outnumbered.

      Judging from the number of laws we have today that infringe fundamental rights (including, in many case, reasonable freedom of speech), and the "land of the lawsuit" nonsense, it appears that the ratio between the ones with integrity and the rest of the profession hasn't changed much, if at all.

    209. Re:Pre-election laws by kenorland · · Score: 1

      We live in a democracy. Politicians as far as policy goes, with possible minor exceptions like being able to move to lobbying, don't have separate policy agendas.

      Are you kidding? Politicians have many agendas that have nothing to do with the interest of the public, like getting reelected, making a name for themselves, securing a nice retirement package, getting their personal ideologies turned into law, etc.

      Plenty of people speak without purchasing advertising or contributing. Corporations when they used to be prohibited from buying advertising were perfectly able to speak by going on public interest shows and discussing their ideas in open forums.

      So in your version of "free speech", people can only speak to large numbers of other people if some media figure invites them? What kind of bullsh*t version of free speech is that?

      And make no mistake about it: if this is the rule for corporations, it will also be the rule for any other organization: unions, churches, environmental organizations, etc.

      You can have a moderate positions that voters can parse information but not perfectly and are influenced by incorrect or biased information.

      And who determines what is "incorrect or biased information"? The government? That may seem like a good idea to you now that Obama is in place, but imagine Bush had been able to regulate who can say what about abortion, sexuality, civil liberties, etc. You basically want to kill our democracy and replace it with a Soviet-style government by educated elites, elites that suppress speech that doesn't conform to what they believe the truth to be.

    210. Re:Pre-election laws by Vlado · · Score: 1

      Not really censorship.

      If this is something similar to what we have, then it's called "election silence" or equivalent. In my country the law states that on last 24 hours before election day and on election day itself it's illegal to have any sort of activity that relates to promotion of the candidates in any way.
      Idea is to allow the people to "breathe" easier and have the ideas that were thrown at them settle down, before they vote.
      Also, of course, the idea is to prevent any influence directly on the voting day, that could tamper with the voters with various gimmicks.

    211. Re:Pre-election laws by jbolden · · Score: 1

      Are you kidding? Politicians have many agendas that have nothing to do with the interest of the public, like getting reelected, making a name for themselves, securing a nice retirement package, getting their personal ideologies turned into law, etc.

      Except for their personal ideologies turned into law none of those are matters of policy, except for policy related to how politicians are treated. On the ideologies, if there was a situation where an overwhelming number of politicians had a "personal ideology", and thus there was no debate on the topic as it moved towards law; then it would be expected that the ideology was also shared broadly by the public. In which case that is the system working.

      So in your version of "free speech", people can only speak to large numbers of other people if some media figure invites them? What kind of bullsh*t version of free speech is that?

      The kind of free speech that most of the public has. The 99.9% of the people in the USA that can't afford to buy advertising if they want to speak to large numbers of people have to be invited by a media figure. The media is the agency which determines what information is of broad public interest and filters information appropriately. The public chooses between media presentations. That's how free speech works for most people.

      By allowing corporations to buy advertising you are allowing them to have free speech rights that the broad public does not possess.

      And make no mistake about it: if this is the rule for corporations, it will also be the rule for any other organization: unions, churches, environmental organizations, etc.

      I'm not sure it would be. It would be fairly easy to have one set of rules for for profit agencies and another for non profits. But if the people of the USA choose to ban any corporation including non-profits from purchasing political advertising, I can live with that.

      And who determines what is "incorrect or biased information"? The government?

      I didn't say that anyone has to determine it. You are quoting out of of context. What I said was that people weren't able to filter.

      In terms of who presents information, that's the media's job.

      but imagine Bush had been able to regulate who can say what about abortion, sexuality, civil liberties, etc.

      I never wanted to grant to government the ability to regulate speech. We are talking about regulating advertising.

    212. Re:Pre-election laws by Anonymous Coward · · Score: 0


      Paid and free speech have never been treated the same.

      Yes with Free Speech you have to go several miles down the road to the "Free Speech Zone" to have free speech. If you have enough money you can talk anywhere.

    213. Re:Pre-election laws by kenorland · · Score: 1

      The kind of free speech that most of the public has. The 99.9% of the people in the USA that can't afford to buy advertising if they want to speak to large numbers of people have to be invited by a media figure.

      Everybody can afford to contribute to organizations that buy advertising: the Sierra club, Catholic charities, the ACLU, unions, and many others. Citizens United (which has Obama riled up so much) is a nonprofit corporation, just like any of these others.

      The media is the agency which determines what information is of broad public interest and filters information appropriately. The public chooses between media presentations. That's how free speech works for most people.

      "The media" is a bunch of big corporations with agendas and large numbers of incompetent employees. Many of them are the same corporations that hound people for all sorts of perceived copyright violations and lobby hard to get all sorts of special deals. And you want to give these people the power to decide who may be heard by the public at large? No way.

      Except for their personal ideologies turned into law none of those are matters of policy, except for policy related to how politicians are treated. On the ideologies, if there was a situation where an overwhelming number of politicians had a "personal ideology", and thus there was no debate on the topic as it moved towards law; then it would be expected that the ideology was also shared broadly by the public. In which case that is the system working.

      Your naive belief in the proper behavior of politicians and the ability of voters to control them is both charming and scary.

      I'm not sure it would be. It would be fairly easy to have one set of rules for for profit agencies and another for non profits.

      The "corporation" that Obama wants to change the Constitution for is a non-profit, Citizens United.

      Furthermore, no matter what you do, rich people can always spend their own money privately to broadcast their opinions. Or are you going to restrict that too?

      But if the people of the USA choose to ban any corporation including non-profits from purchasing political advertising, I can live with that.

      Well, I cannot live with it, because that restricts my right to free speech, which I exercise by donating to organizations that represent my points of view.

      "And who determines what is "incorrect or biased information"? The government?" I didn't say that anyone has to determine it. You are quoting out of of context. What I said was that people weren't able to filter. In terms of who presents information, that's the media's job.

      So you want the media to be arbiters over who speaks the truth, and hence what information is "incorrect or biased". No way

      I never wanted to grant to government the ability to regulate speech. We are talking about regulating advertising.

      That is one of the consequences of your ideas, whether you understand it or not.

      I've traveled to countries that work like you want it to. They are socialist states and totalitarian regimes. My family fled from such countries. We are going to fight that sort of thing happening in the US every step of the way. What you want is anti-democratic and plain evil.

    214. Re:Pre-election laws by jbolden · · Score: 1

      I've traveled to countries that work like you want it to. They are socialist states and totalitarian regimes. My family fled from such countries. We are going to fight that sort of thing happening in the US every step of the way. What you want is anti-democratic and plain evil.

      These are the laws that existed in the 1980s when America had fully functioning democracy and arguably the democracy that was least restrictive on speech. There are not now nor have there even been many totalitarian regimes. And generally dictatorships don't regulate speech nearly as much as Democracies do because they regulate behavior directly. The opinions of the people are of little consequence in a dictatorship.

      So you want the media to be arbiters over who speaks the truth, and hence what information is "incorrect or biased". No way

      I find it interesting that you perfectly OK with corporations in general regulating speech but not a particular group of corporations with a much narrower set of objectives. Those corporations can't be trusted while other corporations in general are all puppies and kittens.

      Furthermore, no matter what you do, rich people can always spend their own money privately to broadcast their opinions. Or are you going to restrict that too?

      They can broadcast their opinions on issues just not engage in campaign spending. Issue oriented policy discussion isn't what we are discussing. We are discussing the right for corporation to endorse particular candidates.

      Rich people have always been able to give up to $2500 to the political campaign of the candidate of their choosing.

      Well, I cannot live with it, because that restricts my right to free speech, which I exercise by donating to organizations that represent my points of view.

      That's money not speech. You at the amounts you are talking about would be free to donate to candidates and parties.

      Everybody can afford to contribute to organizations that buy advertising: the Sierra club, Catholic charities, the ACLU, unions, and many others. Citizens United (which has Obama riled up so much) is a nonprofit corporation, just like any of these others.

      Those organizations weren't able to buy direct political ads a generation ago. They could have issue ads but they could not buy political advertising. More importantly they couldn't coordinate and donate themselves. If the Sierra club wanted to buy an ad they had to buy it directly and sign it with their name.

    215. Re:Pre-election laws by kenorland · · Score: 1

      These are the laws that existed in the 1980s when America had fully functioning democracy and arguably the democracy that was least restrictive on speech.

      That's nostalgia, not reality. In everything, from civil rights to free speech to economics, people were far worse off in the 1980's than they are now.

      I find it interesting that you perfectly OK with corporations in general regulating speech but not a particular group of corporations with a much narrower set of objectives.

      The only corporations that can keep you from speaking are those having near-monopolies on distribution channels, and most of those are government-granted. You want to give these corporations even more control because you have been brainwashed into thinking that these media companies are some benevolent "fourth estate". What we should do instead is separate content creation from content distribution: broadcasters and Internet providers should become neutral conduits that are paid solely by the hour or data volume, just like other common carriers.

      Rich people have always been able to give up to $2500 to the political campaign of the candidate of their choosing.

      Overturning Citizens United won't keep multimillionaires from stuffing mailboxes with DVDs or buying television air time. What overturning Citizens United will do is keep people like me getting together with other people like me, pooling our money, and attacking candidates we don't like. And that's why many politicians hate this: they can pay off a few wealthy people and news organizations with political favors and keep everyone on their message, but the idea that a few thousand citizens can get together, pool their money, and run a series of devastating attack ads scares them to death.

      Those organizations weren't able to buy direct political ads a generation ago. They could have issue ads but they could not buy political advertising.

      Yes, and now they can engage in direct political ads, and that's a good thing.

      (Incidentally, there is something called a BLOCKQUOTE element...)

    216. Re:Pre-election laws by jbolden · · Score: 1

      That's nostalgia, not reality. In everything, from civil rights to free speech to economics, people were far worse off in the 1980's than they are now.

      Your claim was the policy I was advocating were used by totalitarian governments and would bring on totalitarianism. The fact is they aren't used by totalitarian governments and were used by this government a generation ago. Ergo they don't pose a threat to overthrowing democracy. Whatever the USA was in the 1980s it was not totalitarian.

      Now in terms of where we stand. I think we have more free speech today, because of the internet. On the other hand mass media was because of the move away from independent news divisions is mostly worse. Certainly 2001-2005 was far worse in terms of free speech than anytime in my lifetime.

      I'm not sure about all civil rights being better, they are different. For example prison terms are much longer and much harsher. In the 1970s and 1980s we elevated 2/3rds of the black population out of poverty. Today we are throwing huge percentages of them back into poverty.

      In the 1980s no self respecting Republican would have had anything to do with voter suppression like we see today in Ohio, that was a legacy of the South. Today we have a nationally organized voter suppression effort in about a dozen states, more or less openly embraced by a national Republican candidate from the North East.

      Overturning Citizens United won't keep multimillionaires from stuffing mailboxes with DVDs or buying television air time.

      That and the dozen or so other laws that existed in the 1980s did prevent those things. Because illegal campaign donations were actual a form of election fraud and the multimillionaire could go to jail if he wasn't careful about those DVDs. And the airtime wasn't for sale for campaign ads bought from someone outside the campaign

      but the idea that a few thousand citizens can get together, pool their money, and run a series of devastating attack ads scares them to death.

      That always existed. Those are called political parties.

    217. Re:Pre-election laws by tolkienfan · · Score: 1

      -1 Troll != disagree.

      Pathetic.

  2. I'll throw my mod point away there is good censors by aepervius · · Score: 3, Informative

    case in point pornography is recognized as to be limited to certain class of ages, and various type of media are limited by ages. Also you can't yell fire in theater, another good type of censorship and similar. Finally libel laws are certainly limitation and therefor censorship of some type of speech, and in some country if you swear and insult a policeman you can get fined. In such a case , the censorship is to make sure *everybody* is on the same level shortly before the election, without a media blitz. Such law exists actually in many country. So yeah your insinuation that there is no good censorship is noted but completely ridiculous.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
  3. MOD PARENT -1 OVERRATED by Anonymous Coward · · Score: 0

    Typical first post style thoughtless comment. As others have already said, censorship is just a label and sure I think we can agree that censorship is generally a bad thing, but to categorically say censorship is always bad is silly. There are plenty of times where freedom of speech is suppressed where the marginal value of the speech to society as a whole are outweighed by the negative effects such as yelling fire in a crowd or libeling others or revealing government information that actually jeopardizes national security (launch codes to nukes, not just politicians using it as a cover-up for when they are caught in a web of lies).

  4. Brazil.... by Anonymous Coward · · Score: 0

    One country that have a lot of potential to became a super power, has a archaic justice system
    where laws not always are applied, politicians never go arrested and also they never have public forum,
    and the last president didn't do anything good in 8 years, just did what communists does better.... lies and benefits to any one.
    If they say that is a Democratic country, this sort of thing should be allowed as in any other Democratic country does. It's a joke that judge.
     

    1. Re:Brazil.... by Anonymous Coward · · Score: 0

      Being a Brazilian living in Europe since 2005, my opinion is yes, there is some inefficiency but that is not the problem. France and Germany also have corruption and all the inefficiency you want. I see Brazil as an exploited country which still has chains tying it to serve more developed countries.

    2. Re:Brazil.... by marcosdumay · · Score: 1

      I guess living in Europe since 2005 made you forget how things are here. Or are you just one of the government's astortufers? (Yeah, that's exactly the government's line: "It is the developped countries that are keepeing us poor! Really! Don't look at your own government!")

  5. Brazil can censor this by bkerensa · · Score: 0

    I guess free speech in brazil is out of the question....

    1. Re:Brazil can censor this by cheros · · Score: 4, Insightful

      Nope. This is (yet again) about a US company trying to pretend that only US law applies as soon as they enter another country. Google is just the most visible example of that, and I support this decision.

      If you want to sell services in a country and generate revenue, you damn well have to follow the local laws there or get fined. Simple.

      --
      Insert .sig here. Send no money now. Owner may sue, contents will settle. Batteries not included.
    2. Re:Brazil can censor this by Anonymous Coward · · Score: 0, Funny

      Brazil doesn't have "local laws", it has an incomprehensible bureaucratic clusterfuck. Terry Gilliam made a movie about it.

    3. Re:Brazil can censor this by Anonymous Coward · · Score: 0

      Man brazilians are attacking our freedom! and are socialists! let's invade the damn reds!

      Now the serious part:
      this type of laws also exist in my country this is to prevent political campaign in the day before and in the election day...
      so if i from political party X go into the street and start making campaign someone might snitch or the police sees me an both me and our party get fined (the same is also true if you are a company campaigning for someone)

      Google is operating in a coutry that has such laws so they must follow them and there is nothing more to be said...
      When you (a foreigner) are in someones country you must respect their authority, laws, and society... if you don't want to do that better be prepared to face the consequences...

    4. Re:Brazil can censor this by Anonymous Coward · · Score: 0

      Oh, so your inability to understand the laws is then an excuse to simply ignore them?

      That would be an excellent approach to US law, actually. Most of that is hard to understand. OK, that has more to do with not being able to believe anyone sane could actually agree to some of them, but the general principle applies.

      Comply, or face the consequences. As a matter of fact, I am completely in agreement with prison sentences too - fines merely disappear as the cost of business..

    5. Re:Brazil can censor this by Anonymous Coward · · Score: 0

      No. Brazilian law is old and ignores the existence of the Internet and this is the problem in this case. The judge could easily order the removal of the video from Youtube. Chose to order the closing of all Google for 24 hours. Why? Because he used a 1960s law that censored radio and TV that disclose unauthorized information by the government. Nineteen Eighty-four, anyone?

      It is absurd because Google, unlike a radio station or TV is not responsible for the content. If anyone spoke on TV what's on youtube video, this person would be sued for libel and nothing would happen with the TV channel. Why then did the judge do that? Knowing Brazil I bet the judge is committed to the mayoral candidate who has been criticized in the video.

    6. Re:Brazil can censor this by swillden · · Score: 1

      Nope. This is (yet again) about a US company trying to pretend that only US law applies as soon as they enter another country.

      I don't think so.

      I think this is Google arguing that Google shouldn't be responsible for policing what people choose to post on their service. Instead, Google appears to believe that the person who posted the video in violation of the law should be held accountable -- and that's not an unreasonable position, particularly since the question goes far beyond just this case, or election laws, or even YouTube.

      My perception is that Google is quite rational about these things, and does abide by local laws. In fact, Google specifically is very careful in general to abide by legal takedown requests. If they're willing to brave the court's wrath, it must be because they see tremendous value in establishing the precedent that users are responsible for what they post.

      (Disclaimer: I work for Google. I do not, however, speak for Google, and Google doesn't speak for me. Also, I have no insider knowledge about this issue.)

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    7. Re:Brazil can censor this by alexgieg · · Score: 2

      Oh, so your inability to understand the laws is then an excuse to simply ignore them?

      Actually, here in Brazil people ignoring a law is usually reason enough for it to start being ignored by law agents too. This is so common we've even developed a language expression for these cases: "The law on 'x' hasn't caught." In fact, in cases were the government is really adamant about getting people to start following a certain rule, they go about approving a similar law a few more times over a wide time span, so that one can say something to the effect of "the law on 'x' finally caught on the fourth attempt, 6 years after the previous one and 43 years after the first". And then it sometimes also happens that a law goes out of fashion for a few decades, then "caughts" again, etc.

      So, anyone, business owner or not, has a fair chance of having his ignoring of a law he thinks dumb validated if enough other people follow suit. Sure, he might be unlucky enough to be chosen as an example by the government when it's trying to make the law to catch. But most often than not it won't.

      There's one exception to this though: tax law. When it comes to getting money, almost nothing, not even street riots, will cause the government step back. Those are almost the only laws that "catch" no matter what.

      Also, in regards to the OP's mention of Brazilian laws clusterfuckery nature, I'll give you one example. There are two main taxes on manufactured goods here, a Federal and a State ones. The mix and match of laws has made it so that you must pay the State one over the sum of the good's price plus the Federal one, *and* you must pay the Federal one over the sum of the good's price plus the State one. Yes, they iterate recursively, so that to find what you actually owe in Federal and State taxes for the good you're selling you have to apply a "lim 0->inf" over the thing. Try to explain *that* to an illiterate baker...

      --
      Conservatism: (n.) love of the existing evils. Liberalism: (n.) desire to substitute new evils for the existing ones.
    8. Re:Brazil can censor this by Anonymous Coward · · Score: 0

      You're an idiot.

    9. Re:Brazil can censor this by Anonymous Coward · · Score: 0

      Election's two weeks away at Oct 7 and the problem with the video is that it shows a candidate in bad light. But no need to RTFA, especially if it ruins a good rant, eh?

  6. First Thing That Comes To Mind: by Anonymous Coward · · Score: 1

    President Google, a browser in Brazil is caching

    SHUT

    DOWN

    EVERYTHING!

  7. Brazilian Autocracy by Anonymous Coward · · Score: 0

    Politics in Brazil is under control of the Government these laws are not intended to help population but to control.

    Other countries are only noticing that now because we are on the spotlight.

  8. Voters Are Gonna Love It by Shinmera · · Score: 1

    I'm sure all the people who want/need to use google / youtube on a daily basis are going to be so happy with this ruling.

  9. Obligatory by Xtense · · Score: 4, Insightful

    I hate trotting out this quote every so often, but...

    "As the Americans learned so painfully in Earth's final century, free flow of information is the only safeguard against tyranny. The once-chained people whose leaders at last lose their grip on information flow will soon burst with freedom and vitality, but the free nation gradually constricting its grip on public discourse has begun its rapid slide into despotism. Beware of he who would deny you access to information, for in his heart he dreams himself your master."

    Commissioner Pravin Lal
    "U.N. Declaration of Rights"

    From Sid Meier's Alpha Centauri.

    --
    "We are the music makers, and we are the dreamers of dreams [...]."
    1. Re:Obligatory by Anonymous Coward · · Score: 0

      I'll have you know that I have never seen this quote before and so it has, once again, served. Thank-you. ...sorry to post as an Anonymous Coward, but those are slashdot's words.

    2. Re:Obligatory by guises · · Score: 2

      I don't know about this particular law, but laws regarding promotional material for elections (or defamatory material) are generally there to help prevent corruption. Same applies to campaign finance, which is essentially the same thing. If you're an American in the last few years after Citizens United, you've seen how quickly things can go south when the gloves are completely removed.

      It's nice to have an absolute ideal to quote and strive for, but the absolute usually fails in the real world.

    3. Re:Obligatory by Xtense · · Score: 3, Interesting

      We have almost exactly the same laws as Brazil over here in Poland regarding the pre-election period (the so-called "Electorial Silence", where no campaigning is permitted). Since recovering from the USSR, the only thing this law was good for is getting the tv and radio to STFU. Meanwhile, corruption during this period ran rampant - the currently ruling party was almost always running its shady business during this period, while the opposing parties were buying votes and otherwise screwing with the voting process. They were caught multiple times, but due to the law, it was forbidden to report on it during this period.

      So no, I don't think this is actually a very good law.

      --
      "We are the music makers, and we are the dreamers of dreams [...]."
    4. Re:Obligatory by jbolden · · Score: 1

      I'm an American. It is unclear to me after Citizen's United if things went south or not. The positives don't tend to get reported. As unlimited donations to superpacs have become the norm, the $500 / plate dinners have started disappearing. The petty corruption of raising money for ads that every congressmen was subject to have decreased. I don't like the whims of individual billionaires being news worthy, but OTOH the whims of billionaires are far less undermining to genuine democracy than millionaires who wanted specific laws. Further as the ads are 3rd party they have tended to be idealogical (i.e. idea based) and thus aim to change the voter's permanent opinions.

      IMHO Citizen's United seems to be taking the USA back to the system we had from the civil war till 1936 were we had idealogical parties and presses that matched. Voters mostly had clear choices and elections were about shifting the allegiances of slices of the electorate. I'm honestly quite happy with what Citizen's United is doing to our system.

    5. Re:Obligatory by Anonymous Coward · · Score: 0

      Laws that silence free people will absolutely fail them, in the real world, and usually in short order. What ever harm is averted by censoring free speech pails in comparison to the damage that will be done by misusing the law - or worse yet - the damage done to all freedoms by illustrating to the people that their political free speech isn't an absolute right, but a privilege that the government can arbitrarily take away when someone makes an argument that it's for their own protection.

      The answer to last minute free speech can only be more last minute free speech. Talk quickly, as the clock is running out. Warn people that there may be last minute lies and to not give them any weight... Trust the people more than the incumbents to figure it out and make the right decisions.

    6. Re:Obligatory by TheGratefulNet · · Score: 1

      I'm honestly quite happy with what Citizen's United is doing to our system.

      I'm sorry, I'm really sorry, but you're an idiot.

      adding money, to this amount, to politics is ONLY wrong. there is no up-side to it.

      I've been watching bill moyers the last few weeks and its informative to see just HOW BADLY we are doing under C.U.

      anyone who thinks this was not a purchased law is either really evil themselves or incredibly stupid.

      --

      --
      "It is now safe to switch off your computer."
    7. Re:Obligatory by jbolden · · Score: 1

      I gave points, you didn't. So other than name calling do you have anything to add?

      What have been the effects on law after CU as contrasted with the lower dollar contributors from a decade ago?

    8. Re:Obligatory by idontgno · · Score: 1

      I don't know about this particular law, but laws regarding promotional material for elections (or defamatory material) are generally there to help prevent corruption.

      Yes. Good point. History teachs that corruption festers and blossoms in the light of transparency and information-sharing. You can't have secure elections without obscure elections.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    9. Re:Obligatory by Raenex · · Score: 1

      From Sid Meier's Alpha Centauri.

      The political quotes and cutscenes from that game were a joy. It's a shame it sold so poorly. It's definitely worth checking out if you haven't played it. A bonus for playing such an old game today is that it absolutely flies on a modern machine.

    10. Re:Obligatory by Anonymous Coward · · Score: 0

      Firstly, the campaign limits for directly giving to candidates are expected to go as soon as they are challenged. The argument here is that if the government has no rite to regulate PACs why should it have the rite to regulate candidates?
      Secondly, every PAC ad I've seen has been an attack on a particular candidate. There may be ideological ads, but they are not the norm.
      Thirdly, if you don't think the candidates know where that Super PAC money is coming from, I'd say you are very naive.
      Fourthly, 30 second ads are a horrible way to disseminate information, as are radio ads, and post cards. They result in a misinformed public.
      Fifthly, as candidates need to raise more and more money, they will do more and more political favors to get that money. This will(and is) happen in Democratic and Republican parties.

      In short, nothing about CU is good.

    11. Re:Obligatory by Anonymous Coward · · Score: 0

      Ah, the ol "I disagree with you, so therefore, you're stupid. Why are you stupid? Because I disagree with you. Stupid." response.

      Stay classy, TheGratefulNet.

    12. Re:Obligatory by Anonymous Coward · · Score: 0

      Citizens United was a legal decision, not a law for one thing, but more fundamentally, it requires a lot of contortion to see any other interpretation of the 1st Amendment - political speech is one of the fundamental reasons we have the right to free speech.

    13. Re:Obligatory by TheSync · · Score: 1

      I've been watching bill moyers the last few weeks and its informative to see just HOW BADLY we are doing under C.U.

      Can you fill us in?

      By the way, despite CU, I'm still voting for Gary Johnson.

    14. Re:Obligatory by jbolden · · Score: 1

      Fifthly, as candidates need to raise more and more money, they will do more and more political favors to get that money. This will(and is) happen in Democratic and Republican parties.

      That's the point. The opposite is happening. Because the number of people they need to draw on is decreasing they are doing far less favors. We mainly have idealogical politicians today while 20 years ago we mostly had pols who were for sale.

      Fourthly, 30 second ads are a horrible way to disseminate information, as are radio ads, and post cards. They result in a misinformed public.

      Do you have evidence for that? I would suspect knowledge about candidates correlates rather strongly with advertising.

    15. Re:Obligatory by guises · · Score: 1

      Because the number of people they need to draw on is decreasing they are doing far less favors.

      You are hoping that this is true, you have no evidence to support it. No evidence exists yet in either direction - this is the first election under the Citizen's United decision and it will be years before we have enough data to say whether corruption has gone up or down.

      Your claim, however, that corruption will decrease because politicians are more beholden to larger donors, who are now allowed to make their donations secretly, anonymous to the public, is... crazy. Let's make this simple: if a politician is beholden to a thousand people, and they want a thousand different things, then the politician must make decisions on what specific things will best benefit the group. This is how representative democracy is supposed to work. If a politician is beholden to one company, then the company gets whatever it wants and fuck everyone else.

    16. Re:Obligatory by jbolden · · Score: 1

      If a politician is beholden to one company, then the company gets whatever it wants and fuck everyone else

      Absolutely. But one company only cares about a few issues that come up in a year. Which means on 3 votes per year he's bought and paid for and on the other 997 he is free to vote his conscious or to represent his constituants.

      then the politician must make decisions on what specific things will best benefit the group. This is how representative democracy is supposed to work.

      You are identifying the interests of constituants with the interests fo the broad high value donor community. Those are not the same.

  10. That's how you deal with Big Business by captainpanic · · Score: 4, Insightful

    Good job, Brazil: If they don't listen to the law, give them a fine high enough that it's relevant, and arrest the responsible people.

    I'm not choosing sides whether this is good or bad censorship. I'm just delighted that they have the balls to stand up to large companies. Not every country does that... and in almost every case the responsible management get away with it without any punishment. Most punishments are fines, which will just slightly reduce profit. Arresting the management might get their attention.

    1. Re:That's how you deal with Big Business by Anonymous Coward · · Score: 0

      Unfortunately, this is just an example of *bigger* business dealing with business.

    2. Re:That's how you deal with Big Business by TheDarkMaster · · Score: 2

      I would like to agree with you. But as a Brazilian I am sorry to inform you that it is merely another case of our judges who think they are gods and wanting to show who is the boss (but without the necessary competence to do so). If the case involved a "mere ordinary mortal" like me, they would not do anything about

      --
      Religion: The greatest weapon of mass destruction of all time
    3. Re:That's how you deal with Big Business by EmagGeek · · Score: 0

      Arrest the responsible people? Did Google produce the video? Did the specific Brazilian Google President produce the video personally himself and post it on his own Youtube account?

      No.

      The responsible people are those who produced and uploaded the video. Not Youtube.

    4. Re:That's how you deal with Big Business by Anonymous Coward · · Score: 0

      Are you as out of your mind as this judge? In case you don't know - Google is not the internet. Arrest Steve Ballmer for selling Powerpoint sure - that's criminally insane and it's clearly Microsoft's product. But Google didn't make the web.

    5. Re:That's how you deal with Big Business by BadgerRush · · Score: 2

      The moment this “specific Brazilian Google President” chose to violate a court order to keep an illegal video online he is responsible.

      The same way, if someone advertised illegal stuff (lets say drugs) on ebay, and they refused to take it down even after a court order, they would be breaking the law and facing arrest as well.

    6. Re:That's how you deal with Big Business by bloodhawk · · Score: 4, Informative

      Arrest the responsible people? Did Google produce the video? Did the specific Brazilian Google President produce the video personally himself and post it on his own Youtube account?

      No.

      The responsible people are those who produced and uploaded the video. Not Youtube.

      There is nothing inherently illegal with the video, however most countries in the world have very specific laws around advertising just before an election and all forms of media need to comply with those laws, it doesn't mater who produced it, what matters is that google refused to remove it in a timely manner. In most western countries this is actually considered a pretty severe breach of advertising and election laws that can result in criminal prosecutions.

    7. Re:That's how you deal with Big Business by Anonymous Coward · · Score: 0

      So...that's the new meme now? Businesses selling you a product that you willingly buy = evil, government with guns throwing people in prison for free speech = good?

      The progressive agenda is so full of cognitive dissonance I can't keep up with it. I mean the logical pretzels you have to contort yourself into just to support your side...it just blows my mind!

    8. Re:That's how you deal with Big Business by Anonymous Coward · · Score: 0

      RIGHT, SHOOT THE MESSENGER. Use your prejudice against that 'evil big business' for all it's worth. Let your inner Bolshevik out and have the jack booted thugs get there foot on the neck of anyone making a profit. Jail the rich guy who pulled the wires, don't bother with the little guy who committed the crime of posting it.
      And, arrest the Ford Exec because the bank robber used his product to rob the bank... Anything that's anti-capitalist must be the right answer.

      You, are delusional.

    9. Re:That's how you deal with Big Business by Anonymous Coward · · Score: 0

      it is merely another case of our judges who think they are gods and wanting to show who is the boss

      Isn't it the same for judges everywhere?

    10. Re:That's how you deal with Big Business by Anonymous Coward · · Score: 0

      Bolsheviks never need rational. They just need a capitalist to hate and some rhetoric.
      OH! That's it! Brazil should NATIONALIZE GOOGLE! That would solve this, right?

    11. Re:That's how you deal with Big Business by Anonymous Coward · · Score: 0

      Wrong reading. Brazilian law is old and ignores the existence of the Internet and this is the problem in this case. The judge could easily order the removal of the video from Youtube. Chose to order the closing of all Google for 24 hours. Why? Because he used a 1960s law that censored radio and TV that disclose unauthorized information by the government. Nineteen Eighty-four, anyone?

      It is absurd because Google, unlike a radio station or TV is not responsible for the content. If anyone spoke on TV what's on youtube video, this person would be sued for libel and nothing would happen with the TV channel. Why then did the judge do that? Knowing Brazil I bet the judge is committed to the mayoral candidate who has been criticized in the video.

    12. Re:That's how you deal with Big Business by stevejf · · Score: 1

      This is not Google's problem. And it makes no sense to issue a court order to Google to take down the video. Issue a court order to the uploader. How will this get their attention? What is the point? Get their attention and say "you're right Brazil we should individually pre-screen all of the millions of videos we handle every day," really? Go firebomb a US embassy because of this already.

    13. Re:That's how you deal with Big Business by Anonymous Coward · · Score: 0

      Neither you, nor idiot who modded you up read the article. a) This is "just before an election" that will be held October 7th, b) "Brazil’s electoral law has several restrictions on what opponents or critics can air on television and radio about candidates for office — even comedic needling of politicians is banned during electoral season."

    14. Re:That's how you deal with Big Business by Anonymous Coward · · Score: 0

      What would you do if a court ordered you to have sex with someone other than your wife?

      Free Speech is a natural human right. It is not a privilege that government grants that can be taken away. It is abhorrent that a government can presume to have the power to censor the truth, and prevent people exercising their natural human right of free speech to get it out there.

    15. Re:That's how you deal with Big Business by BadgerRush · · Score: 1

      First of all, Free speech, as any natural human right, is restricted when it is considered to cause harm to other people. Different countries and cultures have different definitions of which speech causes harm and consequently restrict different kinds of speech. For example the USA (a good example because they declare themselves the champions of free speech), forbids the following classes of speech:

      - obscenity,
      - defamation,
      - incitement,
      - incitement to riot or imminent lawless action,
      - fighting words,
      - fraud,
      - speech covered by government granted monopoly (copyright),
      - speech integral to criminal conduct

      So, regarding the brazilian case, I don't know if the allegations on the video are true of not, but that doesn't matter at this point because the candidate, as any other, has the natural human right to be considered innocent until proven guilty, and making such allegations right before the elections cause irreparable harm to the election process and consequently to the whole population of the city. If he is guilty of something, the right thing to do is to present the suspicions to the authorities for investigation, not to hold them for months/years in order to take a cheep blow to his campaign.

  11. $500K by Anonymous Coward · · Score: 0

    They will probably make more than $500K/day in Brazil by keeping it online.

  12. World bank disagrees by Kupfernigk · · Score: 4, Informative

    Brazilian GNP - as sourced by Google.

    --
    From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
    1. Re:World bank disagrees by EmagGeek · · Score: 1

      GNP is not a measure of business climate or government hostility towards economic progress. It could be that they are still progressing for now despite the Brazilian government's best efforts to punish success. It was only recently that the leftists took over. It will be some time before the change in policy shows up in economic numbers.

    2. Re:World bank disagrees by gwolf · · Score: 3, Interesting

      The leftists took over in January 2003. Before 2003, Brazil's economy was just average, being the giant poor country. After Lula da Silva's two periods and half of Dilma Roussef's first, Brazil is *the* Latin American giant. Its currency is the strongest in the region, and its GNP growth is unrivalled. So, "punishing success" and this "change in policy" that is yet to show up in economic numbers... I'm sorry, you are somewhat mistaken.

    3. Re:World bank disagrees by Anonymous Coward · · Score: 0

      This is all despite the leftists, now imagine what would have happened with a right wing government. Brasil would have soared to the top!

    4. Re:World bank disagrees by Anonymous Coward · · Score: 0

      You're kind of an idiot. "Leftists" taking over is what made Brazil a leading economic power. You might want to learn a thing or two about Brazil's politics and economy before you talk about i.

    5. Re:World bank disagrees by Anonymous Coward · · Score: 0

      I think you need to consider in Brasil, very very few have all of the wealth, so the growth needs to be taken with grain of salt, as you say.

      Brasil still has crushing poverty, and has only gotten worse in the last 20 years. I used to be able to go 5km without seeing tent homes, but now is impossible. Few live comfortable, or with saving. Most live in deep debt or in service.

      You in the USA talk about the 1% vs. the 99%, but here it is the 0.001% vs. the 99.999%, and those 0.001% are in the government.

    6. Re:World bank disagrees by Anonymous Coward · · Score: 1

      I'm Brazilian. Sorry but you are wrong, and you make a fool of yourself because your comment sounds like propaganda. Brazil always has been the biggest economy in Latin America. The leftists inhered the economic policies that stabilized the country from its antecessor, the neo-liberal PSDB party. What the leftists are doing is over regulating all aspects of life here, and now GDP growth is declining at alarming rates. Today's number is 1,6%, less than the American one at 1,7%. So we are in a crisis over here.

    7. Re:World bank disagrees by FrangoAssado · · Score: 2

      You make it sound like the economy was shit before Lula took office in 2003, and he fixed it. But anyone who lives in Brazil knows this is not true.

      Brazil's current economic situation started to take shape in as early as 1994 with Plano Real. With inflation under control and general stabilization, companies started investing in the country, and the economy started growing a lot. That was slowed down a lot by the economic crisis in Argentina around 2000 -- Argentina is a really important trade partner for Brazil (and even more at the time). Still, the economy kept growing and the situation kept improving way before Lula was elected.

      It's true that Lula's and Dilma's government were mostly successful for the economy, but to say they're solely responsible for the relatively good current economic situation of Brazil is a flat-out lie.

    8. Re:World bank disagrees by Anonymous Coward · · Score: 0

      Based on the world bank graphs sent by the parent post, from 1980 to 2012, the 3 latin america countries I checked, Brazil, Argentina and Bolivia, had their GNP roughly multiplied by 5. So much is said about Brazil, but the effects are not so noticeable using GNP metric.

      Btw, Lula's and Dilma's relative success is based on the major fixing of the economy made by their precursor Fernando Henrique Cardoso. Brazil owe's to him the most for the recent stability.

  13. Re:I'll throw my mod point away there is good cens by Anonymous Coward · · Score: 2

    "case in point pornography is recognized as to be limited to certain class of ages, and various type of media are limited by ages"

    That doesn't mean any of this is actually good though. It's such a controversal subject that no one's really got the balls to study it, but those that have have suggested that just as controlled provision of drugs to addicts is a better way to ween them off it than simply trying to ban the substance outright, that working with paedophiles and controlling their access to this sort of information, and similarly allowing kids access to age restricted content are better than prohibition.

    What is actually a better idea is spending those resources that are otherwise spent enforcing this sort of thing going after those producing the content in the first place - i.e. actually catching cold hard child abusers and those who fuel the industry by profiting off of it rather than those who simply consume it. Spending those resources actually protecting children is a far superior option to wasting money censoring it with no demonstrable positive effect despite much money being spent lobbying that there is. As there's no evidence that viewing content does actually make you more likely to commit a crime based on said content, what do you think is better? Allowing those people to view that content free on the internet, or forcing them underground where they actually have to give money to people who profit off said content and hence driving the production of said content causing real actual harm to the people who suffer from it?

    It's the same with copyright, the music industry claims that downloading MP3s funds terrorism and organised crime but that's exactly backwards - preventing people downloading MP3s means they'll just buy their music cheap from dodgy backstreet dealers where the money genuinely does go to organised crime and terrorism.

    Your argument is based on the assumption that laws we have are exactly right, and are the best and only way to deal with some of societies issues, but that assumption seems almost certainly likely to be false.

    I'm not against encouraging people not be stupid - i.e. shouting fire in a crowded theatre by fining/jailing them, but that's not censorship. They're allowed to do it, they're just encouraged not to by ensuring there are consequences and there IS a subtle difference between outright censorship, and nudging people towards censoring themselves whatever people say.

  14. Re:I'll throw my mod point away there is good cens by Anonymous Coward · · Score: 0

    even is a law in many countries it doesn't make it right! The so called good censorship it's only a matter of majority definition and this doesn't make it right neither. I don' say it's right or wrong.

  15. Brazilian Nonsense by lanevorockz · · Score: 1

    One of the few countries where you can be arrested for doing a joke that is not funny ... in a comedy show ... Freedom of speech is not on our dictionaries and we don't fight for it .. ever

    1. Re:Brazilian Nonsense by Anonymous Coward · · Score: 0

      I agree that arrest orders are too much (fines only would be...fine), but this kind of laws are completely sane and desirable. One could argue that they should be directed to political pr only but that's not practical and would not work, as there are always workarounds. See PAC's.

    2. Re:Brazilian Nonsense by lanevorockz · · Score: 1

      Sorry about that Mr Coward but I don't believe that anyone with their right mind would ever agree with the policies we apply in Brazil.

    3. Re:Brazilian Nonsense by Anonymous Coward · · Score: 0

      No idea about the rest of Brazils laws but Those same laws around elections exist in most countries including criminal charges for continued breach. They are considered the sane way to run a fair election to provide voters with a cooling off period prior to the election. Most countries are also incredibly strict around breaches of those laws otherwise there would be nothing to stop political groups from running roughshod over the laws.

    4. Re:Brazilian Nonsense by BadgerRush · · Score: 1

      Fines are OK in civil cases, like if someone breaks a contract or copyright infringment. The “not taking the video down” is not a civil case, it is a criminal one. Every minute Google Brasil exec's refuse to take it down they are committing an election crime, that is irreparable harm to the election process and can't be fixed by a slap in the wrist (fine).

      Google Brasil's president arrest warrant was not issued because “someone uploaded a video”, it was issued because “he refused to comply with a court order to stop showing the illegal video”, that is a crime in progress.

  16. shouting fire by Anonymous Coward · · Score: 0

    Then form an orderly queue as you pass through the well marked and lit emergency exits.

    The use of this as justification of limits on free speech again again is getting old. Its a meme that has had its day, move on.

    1. Re:shouting fire by Anonymous Coward · · Score: 0

      presumably if someone sets a theatre on fire, yells fire, walks out then broadcasts across the national media that *you* started the fire, then that's just dandy too, yeah?

    2. Re:shouting fire by tolkienfan · · Score: 3, Insightful

      That argument it stupid.

      The point is that some kinds of speech can incite panic and if done for nefarious purposes should be legally limited because the benefit of such a limit outweighs the harm.

      Claiming that the people who panicked would be at fault is ridiculous: suppose someone yelled "Sarin!" in a room full of biochemists... They would be RIGHT in assuming they were in immediate mortal danger.

      What's the BENEFIT from protecting such speech?

    3. Re:shouting fire by fustakrakich · · Score: 1

      The point is that some kinds of speech can incite panic...

      You're implying that a specific reaction to speech is entirely involuntary, and that everybody will react in the same way.

      What's the BENEFIT from protecting such speech?

      Because it's a RIGHT that must be vigorously defended. Speech is harmless. Arrest the listener if he reacts inappropriately.

      --
      “He’s not deformed, he’s just drunk!”
    4. Re:shouting fire by misexistentialist · · Score: 1

      Panic is not something that should be encouraged. It should be managed. Otherwise you'll have 12 biochemist fighting to the death over a breathing apparatus. And it turns that the terrorists was yelling "Sharron" not "sarin"...

    5. Re:shouting fire by tolkienfan · · Score: 1

      I agree. But that doesn't affect the point: such speech is harmful to the personal liberty of the people in he movie theater, and has no benefit - and as such deserves no protection. Such protection would be harmful.

    6. Re:shouting fire by tolkienfan · · Score: 1

      People DO have involuntary reactions to speech.

      And my point stands unaffected if some people react differently. Deaf people would be one example - although it'd be hard to claim that they would be unaffected by everyone else panicking.

      Speech is NOT always harmless. You can cause physical harm to someone with speech alone. Long term increases in stress hormones can cause physical damage to the body. Not to mention emotional harm.

      Causing panic is just one example. Panic is generally triggered by the amygdala which triggers the adrenal gland. This happens without conscious involvement. It can be suppressed to a degree in some people, but that doesn't mean it isn't involuntary.

    7. Re:shouting fire by fustakrakich · · Score: 1

      Then, instead of censoring speech, train people to react appropriately instead of the usual 'us vs them' mentality that is pushed now. That's what being human with a free will is about. Most of the violent reaction to speech is a learned reaction anyway. Or conversely, we can admit we're not quite 'human'. But then we have no real way of ensuring that we pick the best to rule over us. So, we still live with 'might makes right'.

      Either way, Brazil can fuck off, just like the muslim rioters. If they can't control themselves, then they should learn how. We shouldn't hesitate to fight back and teach them in no uncertain terms that the freedom to offend is sacrosanct.

      --
      “He’s not deformed, he’s just drunk!”
    8. Re:shouting fire by Anonymous Coward · · Score: 0

      You can cause physical harm to someone with speech alone.

      Just like it's not your fault if they get offended, it's not your fault if they get offended, and as a result of that, are 'physically harmed'. Different people are offended by different things, and it is positively absurd to hold someone accountable for someone else's oversensitiveness.

      Causing panic is just one example.

      Nonsense. Involuntary or not, it's still the fault of the one who did the damage (the one who tramples). We don't excuse murder just because the person did it in the heat of the moment.

      I've never seen it to such a degree that the mere utterance of a particular word physically forces you to get up out of your seat and trample over someone, either.

    9. Re:shouting fire by Anonymous Coward · · Score: 0

      you are terrorizing scientists by shouting "sarin!" at them, that's the unlawful thing. The freedom to shout should be protected. The capacity to terrorize should not be preserved in any way.

    10. Re:shouting fire by Anonymous Coward · · Score: 0

      In this strawman discussion, who is this person shouting the word in a room full of chemists?

      Do they work there? Are they a stranger on the street?

      I think your point is valid, but the item to question is not whether the word should be criminalized, but that the facility full of dangerous criminals shouldn't allow someone with an obvious mental deficiency inside.

      Their speech can be protected, but if it causes real, harmful consequences, you can punish them for those consequences.

      If you're on the street and you start shouting, "Revolt! Revolt!", if no one does anything, you're probably not going to get a second look. If everyone starts throwing things through windows, I'm pretty sure you'll be charged with Inciting a Riot. Not with "Saying the word revolt."

      Punishing the consequences of speech is not the same thing as limiting what people can freely say. At least, not in my mind.

  17. Re:Oh how the mighty have fallen by BlueStrat · · Score: 0

    Brasil has gone from industrial and technological revolution to leftist, entitlement empire in just a few short years.

    Don't be too hard on Brazil.

    After all, they're just following the US's example in a race to the bottom. It's just taking the US longer because we had more freedom and wealth to start with before the Left gained control.

    Winston Churchill had some relevant thoughts here:

    (Note that "Liberalism" as Churchill uses it here more closely resembles US conservative (small-"C") views.)

    Socialism seeks to pull down wealth; Liberalism seeks to raise up poverty. [Loud cheers.] Socialism would destroy private interests; Liberalism would preserve private interests in the only way in which they can be safely and justly preserved, namely, by reconciling them with public right. [Cheers.] Socialism would kill enterprise; Liberalism would rescue enterprise from the trammels of privilege and preference. [Cheers.] Socialism assails the pre-eminence of the individual; Liberalism seeks, and shall seek more in the future, to build up a minimum standard for the mass. [Cheers.] Socialism exalts the rule; Liberalism exalts the man. Socialism attacks capital; Liberalism attacks monopoly. [Cheers.] These are the great distinctions which I draw, and which, I think, you will think I am right in drawing at this election between our philosophies and our ideals.

    And further:

    Ah, gentlemen, I don't want to embark on bitter or harsh controversy, but I think the exalted ideal of the Socialists - a universal brotherhood, owning all things in common - is not always supported by the evidence of their practice. [Laughter.] They put before us a creed of universal self-sacrifice. They preach it in the language of spite and envy, of hatred, and all uncharitableness. [Cheers.] They tell us that we should dwell together in unity and comradeship. They are themselves split into twenty obscure factions, who hate and abuse each other more than they hate and abuse us. [Hear, hear, and laughter.] They wish to reconstruct the world. They begin by leaving out human nature. [Laughter.] Consider how barren a philosophy is the creed of absolute Collectivism. Equality of reward, irrespective of service rendered! It is expressed in other ways. You know the phrase - "From each according to his ability, to each according to his need." [Laughter.] How nice that sounds. Let me put it another way - "You shall work according to your fancy; you shall be paid according to your appetite." [Cheers.]

    Strat

    --
    Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  18. Re:Oh how the mighty have fallen by Anonymous Coward · · Score: 0

    Just because you have an agenda doesn't mean you can just forget to do the research, idiot.

  19. Re:Oh how the mighty have fallen by Extremus · · Score: 1

    Greetings to the parallel world, stranger! Almost all technological, economic and social indexes have improved since the 90s in Brazil. The country improving dramatically, despite the left versus right babbling.

  20. you bey the law or suffer teh consequences by thuf1rhawat · · Score: 1

    regardless of your personal opinion of a law, if you ( individually or as a corporate entity) choose to ignore that law then you accept that you may suffer the consequences. If you are making a moral stand that you beleive the law is wrong and therefore ignore it, you have no-one but yourself to blame when the law enforcement organisations or judiciary punish you in line with that. There are many laws I disagree with as an example for me as a european, Allowing people to vote before they are legally allowed to drink is assinine. However If i choose to supply alcohol to an adult under the age of 21 in teh us I have no-one but myself to blame if I end up in a shower block bending over for Bubba. Hell one of the fonding priciples of America is supposedly no taxation without representation, try cliaming that as a defence as non-us citizen working in the us for not paying tax, and see hwo quickly you lose your case for tax evasion. Regardless of your opinion of the political system of a country, the Law in a democracy ( brazil is a democracy) is the will of the people ( maybe at a slight remove due to the way representative democarcies work) and if you chose to ignore it you run the risk of puniashment.

  21. banana by jcltoday · · Score: 1

    No wonder why Brazilians get offended when one points out the degree of corruption in that country; a true banana republic.

  22. Nelson HA HA Nelson by jafiwam · · Score: 1

    HA HA Look at the third world shitholes struggle with lack of free speech! You are never going to get off your tiny island if you keep it up!

    Google should just shut off their entire net-block forever. Let them rot in the dark without information.

    1. Re:Nelson HA HA Nelson by Anonymous Coward · · Score: 0

      Tiny Island?

      South America?

  23. Re:Oh how the mighty have fallen by Anonymous Coward · · Score: 0

    You sir, have no clue of what you're talking about.

  24. That's just silly by plaukas+pyragely · · Score: 1

    So there's this election law from the past. But what if someone uses email and DailyMotion to spread last hour propaganda? Shutting down individual sites is silly. Brazil should cut off the Internet or change the law instead.

  25. Re:I'll throw my mod point away there is good cens by erroneus · · Score: 4, Interesting

    Pornography. I'm still not so sure pornography is bad.

    We like to watch entertainment of the things we like or are interested in. We watch food shows. No one has a problem with that. We watch beauty contests. No one... okay, 'few' have a problem with that. Olympics? Fishing? Golf? Fighting!! You name it; if someone likes it, there's a form of entertainment which will be produced about it. But because it involves sex, a rather basic and extremely universal pleasure in the animal world, we have to say "oh no..."

    What we fear, dislike or disapprove of about sex has more to do with religious and social values than anything else. Remove those from the equation and you will see less "forbidden fruit." Suddenly people aren't making unsubstantiated claims like "it harms children!" You know what harms children? Curiosity which isn't managed by adults. Knives, fire, fireworks, guns, heights, roads and streets... sex isn't quite as dangerous as any of those other things and yet somehow we are more concerned over whether or not they know what their 'things' are for than just about anything else.

  26. Some history on Brazilian elections by gelfling · · Score: 0

    Brazilian politicians regularly go out in the rural areas and trade free abortions for votes. This is the saintly law abiding system they're protecting.

  27. Re:I'll throw my mod point away there is good cens by bluefoxlucid · · Score: 1

    "case in point pornography is recognized as to be limited to certain class of ages, and various type of media are limited by ages"

    That doesn't mean any of this is actually good though.

    It's actually wrong, too. We have pornography for 12 year old girls. Go to your local Barnes & Noble and you will find books like Twilight and Fifty Shades of Sucking Huge Werewolf Dong.

  28. Re:Oh how the mighty have fallen by wisnoskij · · Score: 1

    Unless you have a time machine to bring you back to 1947 you cannot switch "worlds".

    --
    Troll is not a replacement for I disagree.
  29. Libel Laws by Anonymous Coward · · Score: 0

    Although they exist in theory, there is effectively no recourse or legal consequences for libel against a candidate for office. In both civil and criminal contexts libel has such a high burden of proof that libel / slander against a public figure would almost never be sanctioned.

    In a private context, you *might* win a civil suit if the facts are egregious enough (ie... I hated my neighbor, so I spread rumors that he molested children which I had no reason to think were true).

    There are criminal sanctions for libel / slander, but I can't remember the last time I even heard of one being prosecuted (that wasn't eventually struck down).

  30. I don't know these particular cases but... by Anonymous Coward · · Score: 1

    IAL (in Brazil) and I work in a Brazilian public prosecutor’s office.

    First of all, it is important to notice that Brazilian judges are not regular government employees and are not elected. They take rigorous exams to get the job and, after two years, are judges for life, so they should not feel pressured to please influent people, politicians or corporations to keep their jobs. There are exceptions, like everywhere else, but Brazilian magistrates are usually very intelligent, rational and impartial.

    Having said that, I think some of these rulings are excessive and were made by judges that, like a few American judges, don't understand how user generated content sites work.

    But there is also the possibility that some of these videos contain false information or offensive personal attacks against candidates that can influence the outcome of an election. The judges analyzed these videos and considered them illegal. They ordered Google to take down the videos, but Google ignored the court order.

    Google is not liable for the video itself, Google and its executives are responsible for not complying with court orders. In Brazil, willingly ignoring a court order is a crime, but arrest orders in cases like these are only used as a coercive measure. They want Google to takedown the videos, not punish Google.

    Using the "fire in a crowded theater" analogy, I think these cases are more like someone asking the owner of a theater to play the sound of someone shouting fire in multiple events, a judge ordering the owner to stop playing that sound or at least warn the audience in advance, and the owner of the theater ignoring the order, even after being fined. What could be done? Shutting the theater down (shutdown of Youtube) or threatening arresting its owner (Google executive)? Then the court order would probably be respected.

    Anyway, I worked in a case against Google Brazil a few months ago (an offensive video against a minor - bullying), and they complied with the court order right away. Maybe there is something special in these cases.

    Sorry for my poor English.

  31. Re:I'll throw my mod point away there is good cens by Anonymous Coward · · Score: 0

    ase in point pornography is recognized as to be limited to certain class of ages, and various type of media are limited by ages. Also you can't yell fire in theater, another good type of censorship and similar

    There is no censorship going on in theaters. Speech is free. It is perfectly possible to yell "fire!" without someone verifying and checking your words, before you utter them. However, you are excercising your free speech in a way which leads to consequences - after you utter the words. This is not censorship. Censorship is when make it impossible to say something. Like if you shut down youtube. That is censorship because it stops the things not yet being broadcasted.

    Brazilian judge is censoring youtube because he shuts it down. The appropriate non-censorship behaviour for the brazil judge would be to fine or jail the person shouting fire on youtube.

  32. Not as clear as the summary makes it to be by chowdahhead · · Score: 1
    from the linked article:

    Brazil’s electoral law has several restrictions on what opponents or critics can air on television and radio about candidates for office — even comedic needling of politicians is banned during electoral season. The Internet’s role in these cases, until now, was not legally explored, as the government does not license the internet and was considered by most exempt from the law.

    ...In the northeastern state of Paraiba, a judge also ordered the imprisonment of another Google executive in Brazil earlier this month, also for not removing videos from YouTube attacking a mayoral candidate. That order was overruled by a higher court.

  33. Re:I'll throw my mod point away there is good cens by Anonymous Coward · · Score: 0

    I think it harms adults.

    I'm in my 30s, been married a year, didn't have sex before that. I watched pornography all the time, masturbating around 1x/day. When I got married and had sex, I found that it took forever to orgasm... 1-1.5 hours if I even orgasmed at all... actual sex wasn't as exciting as flipping through a variety of pornography. I had also trained my body and mind that sex was all about me and my pleasure and so the effort I'd spend pleasuring my wife would actually distract me from my orgasm. Not only that, but I had expectations about how sex would be and how I would feel based on porn, and real sex is rather different.

    Even now, a year later, and generally quitting pornography, I still can't orgasm to my wife's hand or mouth, even if it's been a week since I last orgasmed and we spend an hour or more, but at least I'm down to where if I go a few days between orgasm, I can orgasm in 15-20 minutes during intercourse.

    And that's just looking at myself. My struggle makes my wife really question herself and how attracted I am to her and how capable she is at pleasuring me. She would endure pain (up to 7+ on her pain scale and she's pretty tough) as sex went on trying to make it until I could orgasm. And the times when I couldn't orgasm and she couldn't take it any more would just be devastating to her as I wouldn't be satisfied but she had given so much. And if we were to have watched porn together and if I orgasm more readily doing it (I probably would) she would further feel hit to her self esteem that porn can get me off so much easier and that she's not as attractive as the porn actress(es) (she's quite hot -- and no, you don't get pics).

    I'm guessing not all porn users have the same story... in fact I've heard it's often the reverse... that guys orgasm in 1 minute due to training their body during fast masturbation to get it done ASAP.

    But at the end of the day, there's no way I can say porn is good. It definitely does damage over time to both sides of a long-term relationship. You're training yourself that your greatest pleasure comes from yourself and that will lead to a lonely life. But hey, we have computers and porn!

  34. Re:Oh how the mighty have fallen by marcosdumay · · Score: 1

    We are following Venezuela's example. The US is in a different path. Both paths lead to poverty and tirany, that's right, but they are different.

  35. Re:I'll throw my mod point away there is good cens by erroneus · · Score: 1

    I think that might be because your wife doesn't excite you. Consider boys or animals. Seriously. Be honest with yourself about what excites you.

    I have the opposite experience, personally... When my wife makes herself available to me in a pleasant way, things go pretty well... way better.

  36. You lot dont deserve democracy by Anonymous Coward · · Score: 0

    I am absolutely disgusted by all the servile little people defending Brazil. I hope this a case of M$ astroturfers attacking Google whenever possible, and that the majority of slashdotters do actually value meaningful civil rights, contrary to what the moderation here seems to suggest, and are not just happy to hand them over without a fight. Someone please explain how democracy is at all even possible without the absolute freedom of speech. Why even bother allowing people to vote, if they are not allowed to express their political opinions. ESPECIALLY DURING A FUCKING ELECTION!!! Whats the point of turning up to vote, its just a charade. If you are not allowed to publicly say "dont vote for X, because I think he is a terrible person for reason Y" then you are not allowed to make any meaningful contribution whatsoever your the civil life. Yes this means we have to allow religious fanatics to say, two days before the vote, "Dont vote for Mr. A, because he is a Satanist" during an election campaign, as well as communist nuts to say "Dont vote for Mr. B, he will eat poor babies". The alternative is simply to disenfranchise these groups altogether. And if they are disenfranchised we are all disenfrancised, since everyone has some objectionable beliefs. **Nonobjectionable, nonthreatening beliefs are barely worth having!!**

    And for all the little thinkers who question whether people like me really have thought through the consequences of totally supporting free speech: have you turds actually thought through the consequences of stopping it? The worst that happens under free speech is that a few dozen protestors can make noise near a military funeral. Big shit, I can pay that price. The consequences of giving up free speech are that all meaningful responsibilities are ceded to the ruling class. By giving up free speech you are giving up your right to partake in the political processes of your country. This is no exaggeration its the truth. Look at China for fucks sake. I dont give two fucks how fast their economy is growing, I wouldnt life like that for all the tea in China. I actually value being able to rant in public like I am doing now.

    So I say good on Google. Fuck all you moral relativists. This is a case where American values and laws are absolutely better than the rest of the world. I say this as an Australian citizen who is opposed to alot of what America does, but the American value of allowing all free speech absolutely under all circumstances is definately something they got 100% right. If you cant express yourself you are an animal, not a human.

  37. Re:I'll throw my mod point away there is good cens by MacGyver2210 · · Score: 1

    All of the things you have mentioned are not censorship, but speech and visual actions which result in consequences. This is not the same as censorship, as you would have to have already put that material out into the world to be deemed in violation. This implies censorship has failed to prevent the dissemination of this material, game over.

    --
    If the only way you can accept an assertion is by faith, then you are conceding that it can't be taken on its own merits
  38. Re:I'll throw my mod point away there is good cens by DreadPiratePizz · · Score: 1

    You can yell fire in a theatre, and there is nothing illegal about the speech itself. However, you would be charged with reckless endangerment, or if someone were trampled, manslaughter. Censoring the speech is bad because you cannot know the context before hand. All you can do is base law on actions, not words.

  39. Re:I'll throw my mod point away there is good cens by cayenne8 · · Score: 1
    Wow....

    Have you considered maybe taking up drinking?

    I mean, have a couple...loosen up man....or at least maybe try stuff, role playing...whatever got you off in pr0n....see if she'll act out with you or something.

    You might have to get HER to have a few drinks first too tho....if it is really weird.

    :)

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  40. Google shut down in Brazil? by Anonymous Coward · · Score: 0

    Whelp, time to bust out my narwhal outfit, platform shoes and monocle every time I hit the bars.

    Great ice breakers at least.

  41. Re:Oh how the mighty have fallen by BlueStrat · · Score: 1

    We are following Venezuela's example. The US is in a different path. Both paths lead to poverty and tirany, that's right, but they are different.

    The path for the US may be different, but the ultimate destination is nearly identical. Here in the US, they know it will take collapsing the economy and creating widespread social collapse, food shortages, and chaos before US citizens will cry out for and accept a strongman to save them from the anarchy, starvation, and chaos.

    The end will be the same. Tyranny and despotism, possibly a semi-fascist/socialist/communist mashup in the US with some of the worst features of each. I just hope that in the desperate months and years ahead, US citizens resist the siren-call of the "quick fixes" in exchange for "temporary control" that will be offered by those wanting to use the opportunity to permanently seize total power. Never let a serious crisis go to waste.

    Strat

    --
    Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  42. Different laws for different localities - smart by Anonymous Coward · · Score: 0

    Everyone on Earth doesn't agree with everyone else. We are different peoples with different histories, cultures and different backgrounds. This has lead to different local laws.

    This is a good thing.

    I don't know the laws of Brazil, but if a Brazilian judge says that Google.br should block access too certain content, fine. That doesn't mean that google.com or google.co.uk should block those files. Calling for the arrest of company leadership without reasonable effort to contact them and explain the "court order" is wrong in any locality. If it is a true emergency, then the court should ask the executive branch to dispatch some military to ensure the order is enacted as quickly as feasible.

    I find it hard to believe that blocking all of google.br is the only way to accomplish the results. This is a judge being improperly advised.

  43. You know what ? by Anonymous Coward · · Score: 0

    When your loved one get killed in a stampede in a cinema, because some asshat falsely yelled "fire fire ! run away fire !", and you ask for them to be criminaly punished, I will laugh at your face. Oh and could you give us your address ? We would like to go to yours hours, neighbors, and family, and tell them how much a child porn producer you are. And when you scream libel, lies , we will again laugh at your face.

    1. Re:You know what ? by SaroDarksbane · · Score: 1

      Oh and could you give us your address ? We would like to go to yours hours, neighbors, and family, and tell them how much a child porn producer you are. And when you scream libel, lies , we will again laugh at your face.

      You can't have my address, but on the off-chance you manage to dig it up yourself, feel free to tell anyone you want anything you wish to about me, true or not. I stand by my position.

  44. The ISP? by BryanL · · Score: 1

    So, people don't watch Google in thin air. Didn't an ISP provide the video. Why arbitrarily go after Google and not the service provider. Before someone states that laws in Brazil (such as the US) protect the ISP, I would say the law is then arbitrary.

  45. Re:I'll throw my mod point away there is good cens by Anonymous Coward · · Score: 0

    Knives, fire, fireworks, guns, heights, roads and streets... sex isn't quite as dangerous as any of those other things

    I'd say unprotected sex can easily be more dangerous than any of the things you mention. Kids born to parents who aren't ready are often in for a lifetime of pain, a pain that often perpetuates itself for generations, and a pain that extends outward to affect many other people besides.

  46. Re:I'll throw my mod point away there is good cens by Anonymous Coward · · Score: 0

    However, you would be charged with reckless endangerment, or if someone were trampled, manslaughter.

    That is a limitation on your speech rights. If you didn't say it, you wouldn't have gotten punished. They actually take into account the content of your speech.

    As for manslaughter... I cannot believe they'd blame you for the actions of your gullible, gullible listeners. Throw the distraction out of the theater? Okay. Blame him for other people's actions? Absolutely not.

    I mean, they used this same reasoning to arrest people who opposed a war in the past. Dangerous stuff.

  47. Re:I'll throw my mod point away there is good cens by sperm · · Score: 1

    And I'll add in some of my experience which actually circles back somewhat to the original topic.

    My wife is Brazilian (see!)...I am in my mid 40s...I and my wife have been watching porn for as long as I could get hard (back then was in printed magazines). We both watch each alone and together as well.

    And guess what? We still have great sex, I have no problem ejaculating, fast if I want to...or taking longer if she wants a longer experience. And after these years, we are still very active...worse weeks are twice...average is 3-4 times. And I can still go double within an hour...and do occasionally just to verify that I can still do it!

    I have to admit, I do have the perfect wife! Actually I suggest to most north american should marry a brazilian woman instead of the boring women in N.A....but that's another topic altogether!

    So, I dont believe porn is a reason to not be able to sexually active with a partner.

  48. Re:I'll throw my mod point away there is good cens by erroneus · · Score: 1

    Good health and mental state are key. Your story suggests you would have a good future in the porn industry. Look into it. Lots of money in it for men who can perform... turns out, women can fake anything but men can fake nothing.

  49. Third World Hell Hole? by Anonymous Coward · · Score: 0

    I'm confused. I didn't think Brazil was such a backwards freedom snubbing dump?

  50. Re:I'll throw my mod point away there is good cens by erroneus · · Score: 1

    You teach children to use the tools necessary for life. Knives, cars and all... you don't hide any of these things from children and act like they don't exist "until they are old enough." You see things from a particular perspective without realizing you're actually applying a moral standard which is not quite universal. Why treat one like it's bad/evil and the other like it simply needs to be handled carefully and with respect?

  51. I'm glad they stopped them from distribuing videos by poofmeisterp · · Score: 1

    ...I guess they'll have to resort to that completely ineffective method of "talking" to spread garbage or convincing arguments.

    That could never work. :)

    </sarcasm>

  52. simple by Vrtigo1 · · Score: 1

    If you're Google and have to deal with BS like this, take it a step further and just shut off access to all google services in Brazil until the government gives in. All those politicians have to go home and listen to their kids whine about how they can't watch honey boo boo on youtube, I give it a day until Brazil backs down.