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Former Australian Cop Wants Jail For Internet Trolls

beaverdownunder writes "A former police officer in the Australian state of Victoria has called on law enforcement to prosecute creators of hate pages on social media following Facebook's decision to close down a page mocking Jill Meagher, the 29-year-old Melbourne woman abducted and killed last month. Susan McLean, who spent 27 years with Victoria Police before launching her cyber safety consultancy three years ago, said police have the ability to prosecute the creators of pages that are in breach of Australian laws but appear to be unwilling to use it. 'There have been many cases in the UK where these people have been hunted down and charged and jailed. We need to do that in Australia.' Under section 474.17 of the Commonwealth Crimes Act, it is an offense to use 'a carriage service to menace, harass or cause offense,' punishable by three years in jail."

38 of 254 comments (clear)

  1. TROLL THIS MOTHERFUCKERS !! by Anonymous Coward · · Score: 5, Informative

    Eat shit and die !!

    1. Re:TROLL THIS MOTHERFUCKERS !! by MyLongNickName · · Score: 4, Insightful

      Believe it or not, I think the parent post was on topic.

      --
      See my journal for slashdot ID's by year. Mine created in 2005. http://slashdot.org/journal/289875/slashdot-ids-by-year
    2. Re:TROLL THIS MOTHERFUCKERS !! by Anonymous Coward · · Score: 5, Insightful

      As an aussie I can tell you our police are idiots - this is proof. The simple fact she doesnt even know the definition of a troll, vs someone using hate speech shows how nieve she is. 3 years of xp eating donuts does not qualify you.

  2. *shiver* by Loopy · · Score: 4, Insightful

    The world is a big, mean, scary place full of ill-intentioned people who will take advantage of the uneducated and the less-vigilant.

    s/people/governments/ig

    Question: do you think it is easier to defend yourself against hateful onslaught by ill-intentioned individuals or against governments that will take away your life, liberty and property just because you aren't toeing the party line? Follow-up: what do you suppose are some of the best ways to defend against tyranny? /popcorn

    1. Re:*shiver* by swanzilla · · Score: 5, Funny

      Follow-up: what do you suppose are some of the best ways to defend against tyranny?

      Moat. Can't go wrong with a moat.

    2. Re:*shiver* by rvw · · Score: 2

      Follow-up: what do you suppose are some of the best ways to defend against tyranny?

      Moat. Can't go wrong with a moat.

      Yes you can!

    3. Re:*shiver* by Millennium · · Score: 2, Funny

      That's probably not enough to protect you from liability, because it doesn't adequately explain the danger of moat alligators. I'd suggest something like this.

      BEWARE OF MOAT ALLIGATORS
      MOAT ALLIGATORS ARE CARNIVORES
      IF YOU GO IN THE MOAT THEY WILL EAT YOU
      YOU MIGHT DIE

      That might work.

    4. Re:*shiver* by horza · · Score: 3, Informative

      Not only do government officials get their own moats, the taxpayers have to pay to clean it. "Cherchez le vache!"

      Phillip.

    5. Re:*shiver* by ToadProphet · · Score: 5, Funny

      Also,

      MAY CONTAIN PEANUTS

      --
      It's on America's tortured brow, That Mickey Mouse has grown up a cow
    6. Re:*shiver* by vgerclover · · Score: 4, Funny

      Moat alligators are known to cause Cancer in the state of California.

  3. Cause offense - go to jail by Anonymous Coward · · Score: 3, Funny

    I know I'm wasting time and space, by pointing out that if this fascist law were to be enforced, that would be the end of free speech. This police woman's remarks offend me and have been published on the Internet, so when can I expert her to be prosecuted?

    1. Re:Cause offense - go to jail by Impy+the+Impiuos+Imp · · Score: 2

      I'm not in favor of jail time, but I wouldn't mind a Constiutional amendment allowing particularly egregious cases to be placed on the next national election ballot: "Shall soandso, who made fun of dying cancer child soandso2, be beaten by an orangutan?"

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  4. Do Not Want! by girlintraining · · Score: 5, Interesting

    a carriage service to menace, harass or cause offense,' punishable by three years in jail."

    Cause offense? Your existance offends me! Your funny-colored hair offends me! The fact that you're a man, woman, human, or bovine offends me! See, that's the problem with "cause offense" -- it's entirely subjective. It depends on the recipient. No free country should have a law on the books claiming things that are offensive are illegal, anymore than people should be liable for the emotional reactions of others. When you make something criminal, you need to be specific about the behavior. "Entered house with force and intent to steal." That's provable, objective, and fairly unambiguous. "Caused emotional distress" can't be proven, it's totally subjective, and highly ambiguous. In any criminal test, you have to ask yourself: Could a reasonable person determine ahead of time that the behavior in question was (unambiguously) illegal?

    Kill this law with fire, and while you're at it, tell the legislator to fuck off, eat a bag of dicks, and that his face is ugly. But be sure to put a smiley face at the end... we wouldn't want to sound... offensive. In other news, please enjoy this politically, culturally, and sexually correct joke:

    ___________________________________

    --
    #fuckbeta #iamslashdot #dicemustdie
    1. Re:Do Not Want! by NoNonAlphaCharsHere · · Score: 4, Funny

      A priest, a minister, a rabbi and a polar bear walk into a bar. Bartender says: "What is this, some kind of joke?".

    2. Re:Do Not Want! by vux984 · · Score: 3, Interesting

      You countered your own argument:

      "Could a reasonable person determine ahead of time that the behavior in question was (unambiguously) illegal?"

      A reasonable person could. Sure as with all tests of reasonableness there's going to be a nebulous area between hey, that's ok, and hey holy shit you crossed a line. But so what? As long as the penalty for treading into the nebula is appropriate. (read: small -- community service, small fine, a warning the first time...) I'm fine with 'a test of reasonableness'.

      No free country should have a law on the books claiming things that are offensive are illegal, anymore than people should be liable for the emotional reactions of others.

      Right. As teens my friends and I thought it was hilarious to call that 11 year old boy a faggot every time any of us saw him - it was so funny we got the whole grade 6 to join in. It was just our thing. Why should we be at all liable in any way that it upset him to the point of depression and attempted suicide?

      And now when I continually proposition my hot coworker for sex and compliment her ass? She should be flattered. But now I've got this sexual harrassment charge pending. WTF!

      No free country should have a law on the books claiming that offending people are illegal, right?

      So then I posted images of holocaust mass graves, except with little penises drawn on the bodies, and each one labelled a faggot. It was hilarious, so I posted it to the local jewish temple's public forum with the subject "the faggots deserved it"

      Like what reasonable person could determine ahead of time that this was going to offend any one? Not me, that's for sure!

      Now in all serious, I -am- a proponent of free speech, and I even defend our right to say something that offends, or even to be offensive.

      But at the same time, I do think there should be tools in law for people to protect themselves from complete assholes who are just deliberately harassing them.

      There IS a balance that needs to be struck.

    3. Re:Do Not Want! by bill_mcgonigle · · Score: 2

      Cause offense?

      Offensive speech is the only kind that actually needs free speech protections. Nobody bothers to challenge speech that causes no offense.

      Americans used to say, "I hate what you say, but I would die for your right to say it." Now it seems to be overwhelmingly, "don't rock the boat, man. What's on TV tonight?"

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    4. Re:Do Not Want! by girlintraining · · Score: 4, Interesting

      Americans used to say, "I hate what you say, but I would die for your right to say it."

      Actually, that was Voltaire, a french man best known for writing such withering critiques of certain written works that the authors would commit suicide. He said "I may disagree with what you say, but I will defend to the death your right to say it." Americans paraphrase it by just saying "free speech, fuck yeah!"

      --
      #fuckbeta #iamslashdot #dicemustdie
    5. Re:Do Not Want! by girlintraining · · Score: 3, Insightful

      These are people who are misrepresenting the truth, often creating online profiles as people whom they actually are not, and that action is hurtful to society.

      If misrepresenting the truth is a crime, anyone who's a politician or politically active is a criminal. Creating online profiles as people who they are not means a lot of people who only use Facebook to play Farmville are now criminals. And my definition of hurtful to society depends on an objective, clear, and unambiguous hurt -- like cutting off someone's arm, stealing their car, etc. There's a clear loss there. "Someone lied to me!" isn't harming society to the extent that it needs to be regulated behavior.

      And your definition completely omits from its definition of a crime the person's intent in doing those things. I consider that pretty important in determining what should be a crime and what shouldn't be. So do most criminal defense attorneys, judges, and law enforcement... they want to see criminal intent, not just "oops"

      --
      #fuckbeta #iamslashdot #dicemustdie
    6. Re:Do Not Want! by AK+Marc · · Score: 2

      I think the difference is that if someone targets someone for harassment, it should be treated very differently than if someone takes offense at a public posting.

      Most of the pushes for restrictions are after examples where someone deliberately targeted a person with the intent to cause harm, and succeeded in that goal. Then the whiners on Slashdot complain that you can choose what's offensive and the person harmed should have chosen to not receive harm from the person who intended them harm. Nice theory, but that's not how people work. and then it gets generalized to where people think it would apply to general statements about groups or made in public forums with no specific intention to harm. Because the arguement about the first case is harder, they assume the second and attack that.

    7. Re:Do Not Want! by UnknownSoldier · · Score: 4, Funny

      A minister, a priest and a rabbi went for a hike one very hot day. They were sweating profusely by the time they came upon a small lake with a sandy beach. Since it was a secluded spot, they left all their clothes on a big log, ran down the beach to the lake and jumped in the water for a long, refreshing swim.

      Refreshed, they were halfway back up the beach to the spot they'd left their clothes, when a group of ladies from town came along. Unable to get to their clothes in time, the minister and the priest covered their privates and the rabbi covered his face while they ran for cover in the bushes.

      After the ladies wandered on and the men got dressed again, the minister and the priest asked the rabbi why he covered his face rather than his privates.

      The rabbi replied, "I don't know about you, but in MY congregation, it's my face they would recognize."

    8. Re:Do Not Want! by BeaverCleaver · · Score: 2

      OK, but this is not trolling. This is bullying and/or harassment.

  5. Sure by Dyinobal · · Score: 4, Funny

    Sure lets all put them on a boat and ship them to an island.

  6. *shrug* by PeanutButterBreath · · Score: 3, Insightful

    Question: do you think it is easier to defend yourself against hateful onslaught by ill-intentioned individuals or against governments that will take away your life, liberty and property just because you aren't toeing the party line?

    That depends very much on what systems of control and accountability are in place, in either instance.

    E.g., I know that either an anonymous stranger or government agents can invade my home or remove my access to my own property. That said, I also know which is more likely to happen. I also know my chances of having such a wrong (if it is indeed a wrong) being redressed in either instance.

    Bonus, I know which is going to help me right any wrong committed by the other.

    I notice you specify "ill-intentioned individuals" and "governments". Perhaps you think all governments are "ill intentioned"? (Honest question). Personally, I don't.

    1. Re:*shrug* by Real1tyCzech · · Score: 2

      Government: Necessary Evil.

      I hear a lot of folks talk about "trusting" or having "faith" in government...and it scares the living daylights out of me. How anyone could possibly believe without a moment's thought (there's my answer) that any institution has their best interests in mind is utterly beyond me.

      The institution, by definition, lives to support itself, and those that align with it. If you do not fall into 100% lock-step with said institution, it no longer serves you. Institutions do not serve individuals, they serves an agenda. That agenda may be "the betterment of society", but we're right back to there not being one single individual that is 100% in lock-step with "society". ...as such, they serve no-one.

      Far more people need to understand this and have the proper disregard for their "good intentions".

    2. Re:*shrug* by Doctor_Jest · · Score: 3, Interesting

      Death by 1000 paper cuts. Sure there are despots and places that make skull monuments of the people they've killed, but the ones who are "just looking out for you" and who "know what's best for you" are the ones that are the most ill-intentioned, even if they don't think so. The well-intentioned try as they might, can't figure out why some people just won't jump on board. I mean, if you listen to the current political babblers on TV here in the US, you'd get the impression that they're downright flabbergasted that Romney isn't polling in the single digits or low teens. (I have one reason why... Obama killed an American Citizen with a drone.... pissing on the right of due process and innocence until proven guilty all in the name of "war on Terrah!") But I digress....

      That's why the US government is dismantling the Bill of Rights piece by piece... not all at once, because "we know what's best." Fuck 'em. First we start by getting the weirdos... the people who post photoshopped images of Michele Obama dry-humping a fencepost. Then we start getting those "evil nasty pirates" who spread IP around like peanut butter. Then we go after those who aren't "tolerant" of others' beliefs and rituals.... then we get a police state that rivals Orwell's vision in size, scope, and efficiency.

      So defending the trolls who are just being crass and crude is simply keeping our freedoms intact.

      --
      It's the Stay-Puft Marshmallow Man.
    3. Re:*shrug* by PeanutButterBreath · · Score: 2

      Far more people need to understand this and have the proper disregard for their "good intentions".

      What far more people need to understand is that the American (or Australian) government is a democracy. You can point to several ways in which it is not functioning optimally, but they all boil down to the same problem -- a willfully ignorant and/or apathetic electorate. All the gripes about corporate influence, religious agendas etc., while valid criticisms of the status quo, reflect the same basic dichotomy -- either people don't bother to assess their own interests and vote accordingly, or they are and you (or I) belong to a political minority.

      In a democracy, if you dislike or fear your government, you dislike and fear your fellow citizen. If you dislike or fear the very concept of government, you dislike or fear the very concept of human civilization. That's fine, but waving your arms and trying to convince those same citizens that they should fear themselves as much as you fear them, is a tough row to hoe.

    4. Re:*shrug* by Real1tyCzech · · Score: 2

      Wow. Quite the jump you just pulled off there from words like "trust" and "faith", to "fear" and "dislike"... do that often??

      Oh, and in focusing on your athletics you missed the point, though I repeated it at least twice:

      There is not one person on this planet that feels the same way you do about *everything*. Therefore, not even you can support your institution 100%, as your "best interests" will not always equal the best interests of the whole...even in an institution of 2, such as marriage.

      I never said "fear" or dislike". I can speak for myself and do not need you failing miserably at doing it for me. ;-) I said not to trust or put faith in it. Doing so equates to "taking it for granted" and leads to the "suboptimal" conditions you have so eloquently listed.

      I don't "gush" about government, and you won't see me begging it to "save us!"...but don't take that to mean that I do not believe it has it's place, as you seem to have done. It has it's place. It just needs constant reminders (and constant limitations) *keeping* it in it's place. As I said in the beginning: it is a necessary evil. One that allows for us to be able to co-exist in a civil manner.

    5. Re:*shrug* by fche · · Score: 2

      "Trolling is deliberate cruelty and harassment."

      That sounds like a circular definition, and excludes normal "trolls" who are neither cruel or harassers, like our -1 friends here on /.

      "It's an ABUSE of freedom and should be curtailed."

      Do you see process and slippery-slope risks, if freedoms are taken away after someone simply _declares_ them "abused"?

    6. Re:*shrug* by Doctor_Jest · · Score: 2

      many of them are utterly mistaken about what Obama has done, and drone strikes are about 1000 steps down.

      Yes, because it wasn't their son... Trust me, NO president should have that kind of power. I don't care if it's Reagan, Bush, Clinton or Obama. That is a breach of his office and should be punishable by trial and prison time. You also missed the entire point... but that's okay, the astroturfing obamites are everywhere these days. And for the record, I hate Romney just as much, because he's just a white Obama. Nothing will change under either's watch, but one thing is for certain... it has gotten WORSE under Obama. If you can't see that, then you should really stop drinking the kool-aid.

      --
      It's the Stay-Puft Marshmallow Man.
    7. Re:*shrug* by Doctor_Jest · · Score: 3, Insightful

      ABUSE of freedom and should be curtailed.

      They said the same thing about Playboy. They said the same thing about Gays. They said the same thing about violent films. (and still do). They said the same thing about cartoons of Mohammed. So, who's calling bullshit again? You're no better than the rest of the censors and "offended" if you can say with a straight face that curtailing freedom of speech because you think it's an "abuse" of freedom is a-ok and encouraged. That's the same tired argument I've heard for decades. It flies in the face of reason and what the hell freedom actually means.

      The joy of the internet is you can turn it off. You can change the channel. You aren't forced to watch or read it. Freedom's a great thing, but you miss the entire boat. so I'm going to call bullshit here too, because the basic tenet of freedom of speech is that we support speech we despise. Supporting free speech when you agree with someone isn't freedom. You may not like it. Hell, I think it's distasteful... but I am not about to tell someone they can't do it because it is offensive or blasphemous. Because once you make the rules, those who you trample will come to power one day and use those rules on you.

      I realize most of Europe and Australia don't have speech protections codified like we do in the US. That's a shame, because enlightenment means not burning down buildings when someone offends you. Europe claims to be more enlightened than the US when it comes to accepting things, but it seems the only thing they are "ahead" of the US on is boobs on TV (I give that a BIG thumbs up, btw) and sexual freedom (another thumb up! heh.) They clearly are battling puritanical nonsensical bullshit when it comes to offensive speech.

      --
      It's the Stay-Puft Marshmallow Man.
  7. Re:end of slashdot by jellomizer · · Score: 4, Insightful

    I would think a better definition of troll will be needed. If we use the Slashdot definition it would be prison for anyone who think Microsoft actually has some good products. Doesn't agree with RMS view of Free and Open Source Software. Likes patents. Doesn't consider Android Linux when talking about market share. Does consider Android Linux when talking about Free Software. Thinks Religion and Science can get along, or tries to defend their religion. Claims that New Technology is better the older version. Who didn't like "Cloud Technology" before RMS said it was bad. Who Likes "Cloud Technology" after RMS said it was bad. Doesn't jump to the worst possible scenario on a sliding scale argument.

    If we used Slashdot definition in essence all the people who actually think for themselves without following the general consensus would be in prison.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  8. No Right To Not Be Offended by Jason+Levine · · Score: 2

    Are some of these sites people set up offensive? Sure.
    Are some of the people who set up these sites horrible people? Probably
    Should they be locked away for making a website? In most cases*, no.

    * If the person is advocating violence then that should be an offense. You have the right to say "People in Group X are stupid." You don't have the right to say "Let's round up everyone in Group X and put bullets through their brains." In addition, some of the trolling goes beyond offensive comments and lands into scary. If you're tracking people down and posting Google Earth views of their houses, or publishing information about what school their kids go to, you've crossed the line and there should be some stalking/harassment penalties invoked. This would be above and beyond setting up a "So-And-So Is A Horrible Person" website.

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  9. Societies are getting ridiculous by Vince6791 · · Score: 2

    How the hell do you get bullied on the internet? seriously. How borderline retarded do you have to be to get bullied on the freaking internet? This isn't something that's face to face. Shit! Just delete your facebook messages, emails, etc... For crying out loud don't use your real fucking name on the internet, retards. I read somewhere where a 14 year old teen boy stripped on the web cam because some dude somehow forced him through the chat to do so, how the hell does this happen? Are humans really becoming this fucking stupid, at 14 I was not this fucking stupid. There is something wrong with this decade where people have become retarded pansies killing themselves because someone on the internet hurt their feelings, sheesh. Now these anti-bullying dickheads all around the world are pushing for their governments to stifle speech. Obama was trying to blame that muhammad film on the Libya attacks and I wonder why. Free speech and privacy has been under attack in the western world for the past decade, fucking communist shit heads.

  10. Fair go. by TapeCutter · · Score: 2

    It's funny because it's true. If all laws were enforced with the same zeal as murder, civilization would end. The real mission of the police is to keep the peace, the courts enforce the law, the court has the right to take down a page if it thinks the page may prejudice the case. The Aussie cops are pretty blunt about these demands, they have stated on numerous occasions in all states, they are not interested in chasing internet trolls. They will however record your complaint in case the situation devolves into a real life conflict. Their standard advise is to ignore them and they will go away.

    Besides, if the cops did start chasing seriously offensive trolls, surely they would have to start by arresting Andrew Bolt and tazering Alan Jones for refusing to drop his microphone, with the trolls communications in disarray they could send the swat team into the trolls fortress (AKA - Parliament).

    Seriously though, I think to a large extent Aussies, (even those with power over you), believe in a single overriding, (and suitably vague), right we refer to as a "Fair go" (AKA "fair suck of the sav"), just like "free speech" it has to be both given and received by the majority for it to work as advertised. Even in Parliament this week our PM was given a "Fair go" when she defended her dignity, the dignity of the position she holds, and the right of the Speaker of the House to a fair trial. Abbot and the Libs to their credit "copped it fair" by remaining silent, the speaker did the honorable thing and stepped down voluntarily. Of course, after that subtle display of civilization was over, everyone immediately went back to what apes do naturally - throwing turds.

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  11. Re:Dingo(e)s by BatGnat · · Score: 3, Insightful
    I thought I would check the dictionary out:

    Definition of GAOL;chiefly British variant of jail, jailer

    Wouldn't 'jail' technically be a variant of 'gaol', not the other way around?

  12. Re:end of slashdot by xenobyte · · Score: 2

    "a carriage service to menace, harass or cause offence"

    Think cyber bullying, but as with most things related to the internet, there's a massive wide grey line here.

    Pretty much no.

    You are always welcome to state your opinion, but as soon as you start spreading lies, private nude pictures etc. with the purpose to cause grief for a specific individual, it's cyber bullying and should be punish accordingly, i.e. hard and with a vengenance. There's no grey area or line here. It's pretty much black and white. As soon as it gets personal you're over line in perhaps more than one way.

    Any kind of bullying is repulsive and cruel, and the cyber version just adds cowardice to the mix (the 'safe distance'). All bullies should be punished severely, both physically and through the legal system. If you stop them early, things can still be brought back on track. Later we're talking jail time (juvenile detention or similar) and transfer/relocation of the victim to solve things and that's both expensive and messy. Do not forget that a bully that don't stop after the first warning must be considered evil and ruthless and should be dealt with accordingly.

    --
    "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
  13. Re:end of slashdot by spauldo · · Score: 4, Insightful

    You know, it'd be funny, if so many of you weren't actually stupid enough to believe this.

    There's a lot of /. users. Anyone who gets some karma has mod points they can use. Anything you say will likely have someone who disagrees with you on this site. Unfortunately, some people are just a bit too quick with the "troll" tag on the moderation system. Usually other mods will compensate, but shit happens sometimes. That doesn't mean you're a troll, and no one (well, hardly anyone) thinks you're a troll unless you're actually trolling.

    Some guy on another story was whining about how /. has this huge socialist bias and was made up of people who feel guilty working for corporations so they demand higher taxes and more restrictions on the GPL. He apparently just doesn't see all the libertarians cluttering up the place in here, just like you don't see all the anti-RMS, pro-Microsoft, and even pro-religion comments in here. They are there, and if they're in the minority, well, that's just the way it goes. You're going to have a minority any time there's more than a few people who disagree.

    These posts are meant for discussion, not syncophantic circlejerking. People are going to disagree with you. Yes, some assholes are going to abuse the moderation system. If you don't like it, you're free to create your own private IRC channel and rant to yourself all day long where no one can disagree with you.

    --
    Those who can't do, teach. Those who can't teach either, do tech support.
  14. Re:No by JohnRoss1968 · · Score: 2

    After reading your post I went out to do the dishes and this gave me time to think.
    YOU SIR ARE AN ASSHOLE.
    You are using rape victims (without their permission I might add) as a symbol to champion your cause against free speech.
    That is almost the very definition of ASSHOLE.
    Hey I called you an ASSHOLE. Does that make me as bad as a rapist?
    First off the right to say what you want is a RIGHT. I have every right to say what I want about anything. I don't have the right to force you to listen to it ot to agree with it. That would violate your right to freedom of speech.
    Rape is not about the right to fuck whomever you choose. Rape is not about sex in the first place. Its about control and force and violence.
    And yes speech can have consequences. But guess what, there are already laws covering those. And they are VERY limited so as not to trample on ones RIGHT TO FREE SPEECH.
    Saying what you said about this being equivalent to rape is not only wrong, its stupid. It's cruel to victims of real rape. And it's an underhanded play to get people to agree with you.
    Kind of like the ASSHOLES in Canada who claimed if you were not with them in their quest to limit rights online then you were for child-porn.
    FUCK YOU AND THE HORSE YOU RODE IN ONE ASSHOLE.