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Kentucky Bill: Wait an Hour Before Posting Injuries To Social Media (kentucky.com)

An anonymous reader writes: A Kentucky state representative is developing an unusual piece of legislation. It would impose a delay on people posting about an event on social media if the event resulted in serious injury. Users caught violating this law would face fines ranging from $20-$100. It wouldn't restrict media, victims, or first responders — just bystanders. Representative John Carney says, "It's purely my intent to get a discussion going out there, asking people to be more respectful about what they put on social media. We've had some incidents, including one in my community, and I'd hate for anyone to learn about the loss of a loved one through social media."

Opponents of the bill point out the difficulty in determining who qualifies as "media" in the age of social networks, not to mention the potential conflict with the First Amendment. Carney recognizes the difficulty, and says he doesn't intend to push the bill immediately, but notes that he's trying to solve a real problem. Tiger Robinson, a local public safety director, said, "There have been times we've been pulling bodies out of cars and these people are standing there, snapping pictures on their phones to post on Facebook. It's just not right."

257 comments

  1. Law or morality? by Anonymous Coward · · Score: 1, Insightful

    The guy is right, what have we become?

    1. Re:Law or morality? by sycodon · · Score: 0

      Holy Fuck.

      What part of "Prior Restraint" do they not understand?

      That said, we do not want to become like other parts of the world where people with grievous injuries are filmed and displayed like some kind of Tarantino movie.

      But you can't pass a law saying you can't be a dick.

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    2. Re:Law or morality? by Penguinisto · · Score: 5, Insightful

      Sorry, dude - As long as it ain't false+defamatory or a false incitement to panic, the First Amendment says that bystanders can pretty much say whatever they want about whatever they see in public - whenever they want, even while it's still happening.

      One would of course hope that bystanders would have enough decency to show at least a basic discretion about it, but if they don't the problem is with the bystanders, not the laws. Maybe try and gently promote a cultural shift that would give the desired outcome, but using the law as a cudgel to enforce discretion in such a public instance is the wrong way to go.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    3. Re:Law or morality? by vux984 · · Score: 1

      The guy is right, what have we become?

      Agreed AC.

      Its hard to imagine how this could *ever* be a law I would support; due to my support for free speech and other principles.

      But at the same time, I know that in most cases the posting photos of accident victims, and accidents etc to facebook and twitter is supremely disrespectful and only serves to fulfill the posters own ego and thirst for attention. Its morally indefensible.

    4. Re:Law or morality? by Archtech · · Score: 1

      It doesn't seem to be an appropriate use of the law to prevent people from posting. But what kind of people would do such a thing?

      Empathy - they've heard of it.

      --
      I am sure that there are many other solipsists out there.
    5. Re:Law or morality? by Threni · · Score: 2

      Other parts of the world? Other meaning not....America, I take it? Have you not seen some of the more tasteless subreddits?

    6. Re:Law or morality? by radiumsoup · · Score: 1

      well, according to the summary (no idea what's in the article, because...well, you know), that's exactly what this legislator is doing...he's opening the conversation by presenting an unpassable bill for the sake of starting the conversation. He has no actual intent of having the bill passed. That's the gist I got, anyway

    7. Re:Law or morality? by Anonymous Coward · · Score: 1

      You can't legislate this. Posting pictures of car crash fatalities online with taglines like "haha fukcen n00b lern to drive!" isn't a problem for the law to solve. This is a problem in society akin to teaching people to be nice - you can't do that. The behavior is very distasteful and hideously disrespectful, but it's not illegal.

      Implementing any law here will likely cause more harm than good. Teens are posting dick pics and getting caught up in the sex offender registry for something that I think we'd all agree is just "young naivete". This is just the same shameless behavior in a different form.

    8. Re:Law or morality? by sycodon · · Score: 1

      Reddit?

      I am proud to say I've never browsed Reddit. I guess it's one of the more seedy parts of the internet?

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    9. Re:Law or morality? by DarkOx · · Score: 0

      Maybe try and gently promote a cultural shift that would give the desired outcome

      You mean like trying to get everyone to go to Church and not inviting the atheists who can't be at least closeted about it to the best parties. Us conservatives warned everyone this is where we would end up as a society if the culture wars were ceded. Here we are.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    10. Re:Law or morality? by idontgno · · Score: 1

      Thankfully, availing one's self of the First Amendment doesn't require any kind of moral defense.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    11. Re:Law or morality? by Anonymous Coward · · Score: 1, Interesting

      Well, copyright law already infringes on the freedom of the press, so there's obviously some ground for a restriction (yes, they're both in the constitution). However, there may be a case for assigning civil liability to the presumed harm done by posting photos before notification of the next of kin has been made, and a much stronger case for assigning civil liability in the case that the next of kin sees the photos before civil authorities do a next of kin notification.

    12. Re:Law or morality? by aaron4801 · · Score: 1

      But he graciously exempted "media." I can't wait to see what his definition of that is.

    13. Re:Law or morality? by barbariccow · · Score: 2

      I think you don't understand copyright law.

    14. Re:Law or morality? by barbariccow · · Score: 3, Interesting

      The guy is right, what have we become?

      Agreed AC.

      Its hard to imagine how this could *ever* be a law I would support; due to my support for free speech and other principles.

      But at the same time, I know that in most cases the posting photos of accident victims, and accidents etc to facebook and twitter is supremely disrespectful and only serves to fulfill the posters own ego and thirst for attention. Its morally indefensible.

      It depends. What if those "victims" were shot recently by police? Now it changes, "Oh that could be evidence of police brutality!" What if you're filming people running out of a burning building? Wouldn't YOU like to see YOUR relatives getting out, rather than wondering if they did? What if they are recording medical malpractice on YOUR daughter being handled, wouldn't you rather see/know that than only here "There's nothing we could have done"?

      Generally, when there is a ton of injuries, it is a natural disaster or an act of man, either way it is better documented by civilians. This law is basically to create an elite media, call it a "Ministry of Truth", which is only allowed to do first-responding documentation.

    15. Re:Law or morality? by darkain · · Score: 2, Insightful

      This. All of this! This very situation came into play during the Boston marathon bombing. The FBI used photo and video content from social media to piece together parts of the scene where they didn't already have their own eyes covering. Authorities and civilians should be working together for a common good, not battling against each other for who has the right to document a situation in public space.

    16. Re:Law or morality? by Anonymous Coward · · Score: 0, Interesting

      Unrestricted freedom of the press would include the freedom to print what someone else wrote. So yes, copyright is a restriction of that freedom.

    17. Re:Law or morality? by Anonymous Coward · · Score: 0

      Okay, explain what I grossly misunderstand. How is it not a prior restraint on the freedom of the press? I mean, if I publish something that's copy written, then I get civil fines and potentially go to jail. That's clearly a prior restraint.

    18. Re:Law or morality? by buck-yar · · Score: 1

      Recent court cases have highlighted how rights aren't unlimited ("Like most rights, the right secured by the Second Amendment is not unlimited." Scalia, Heller vs DC).

      So there may be reasonable regulation on speech.

    19. Re: Law or morality? by Anonymous Coward · · Score: 0

      Freedom of the press has never meant that you can just put anything in a paper or publication. NYT can't copy Playboy every month just because they are the press. It prevents government restriction on what you can educate the public on. You can take a 200 word essay by a public figure and critique it with a 201 word essay on top and publish the whole thing if you notate it correctly. A court will need to decide due to the close call but it could be considered fair use and copyright will get out of your way.

    20. Re: Law or morality? by Anonymous Coward · · Score: 0

      Yeah, the conversation would be really flying if he included them too.

    21. Re:Law or morality? by CrankyFool · · Score: 1

      How does it stop you from filming any of this stuff? It just says "wait an hour." You can disagree or argue about that, but I don't see how you can argue that "wait an hour before publicly posting" in any way interferes with our ability to film the event.

    22. Re: Law or morality? by ememisya · · Score: 1

      I think is "the Internet of Things" for rubbernecking.

    23. Re:Law or morality? by Anonymous Coward · · Score: 0

      Agree, but this case it pretty open/shut. You could make an argument if posting was likely to endanger people in some way, but it's not: the proposed law is trying to outlaw something because people may consider it distasteful, and making laws based on that is simply not on.

      Actually I can think of a very real case where such a law could be abused: say a cop "accidentally" shoots someone who was "coming right at me" and a passerby with larger balls than I do decided to film some "post accident" evidence. What useful purpose would delaying its publication have for anyone other than the police?

    24. Re:Law or morality? by Anonymous Coward · · Score: 0

      I have a security camera aimed at the intersection next to my house. I've caught quite a few accidents and wipeouts. I post some of them to my youtube channel (nothing big at all, maybe 50 hits a month) but I wait a few days or weeks. I live in a semi-rural area with no local newspaper so I never find out about the outcomes. If I did know or find out someone died, I would not post it. It would just seem like the wrong thing to do.

    25. Re:Law or morality? by Anonymous Coward · · Score: 0

      That said, we do not want to become like other parts of the world where people with grievous injuries are filmed and displayed like some kind of Tarantino movie.

      I take it you're not in the USA? The primary producer and consumer of that kind of thing.

    26. Re:Law or morality? by reboot246 · · Score: 0

      While you can't enforce decency, you can look the other way while somebody beats the shit out of the idiot taking pictures of mangled bodies.

      You better bet I'd go after whoever did something like that to my family. There wouldn't be a hole deep enough to hide in.

    27. Re: Law or morality? by Anonymous Coward · · Score: 0

      So you're saying that yes, there is prior restraint on the freedom of the press.

    28. Re:Law or morality? by X0563511 · · Score: 1

      Think of it as a massive site filled with their own little slashdots that are, more or less, self moderated.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    29. Re:Law or morality? by vux984 · · Score: 1

      only allowed to do first-responding documentation.

      The proposed law says... wait an hour to publish. It doesn't say you can't document from ground zero minute zero.

    30. Re:Law or morality? by meglon · · Score: 1

      Maybe you conservatives should have warned everyone that if they didn't do things YOUR WAY, you'd burn down everything in society just because you're spiteful egotistical dicks. Here we are... where another conservative at the state level talks about stripping people of their constitutional rights.

      --
      Fascism: An authoritarian and nationalistic right-wing system of government and social organization. See also: NAZI's
    31. Re:Law or morality? by msauve · · Score: 1

      Copyright is a specific power given to government by the Constitution.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    32. Re:Law or morality? by youngone · · Score: 1

      It depends on what you're interested in. One of the subreddits I browse regularly is a really nice community of like minded people discussing a sport we're all interested in.

    33. Re:Law or morality? by youngone · · Score: 1
      I assumed that too, as IANAL or even American, but even I can see the unconstitutional bits of any law like this one. I'm going to assume the legislator in question is not a complete idiot.

      I know, it's a risk.

    34. Re:Law or morality? by msauve · · Score: 4, Insightful

      ...and the 2nd Amendment says the people have a right to bear arms. Just as people argue that there are "common sense" infringements of that right, why not similar for the press? For example, I'd like to see perfumed inserts outlawed, just like "cop killer" bullets. To be part of the "free press," should require a journalism degree, just like a license is needed in most states to carry a concealed weapon. Publications should be limited to 10 pages, just like firearm magazines are limited to 10 rounds in some locations. Why not outlaw high speed presses, which amplify the damage done by irresponsible journalists, just as automatic weapons are basically outlawed? It also obviously doesn't cover radio, TV or Internet, since the founding fathers couldn't have imagined those things, so they can obviously be regulated, just like newer firearms.

      It's just common sense, and entirely Constitutional based on precedent.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    35. Re:Law or morality? by Anonymous Coward · · Score: 0

      I'm more worried about the passable bills that are submitted and passed with no discussion.

    36. Re: Law or morality? by Anonymous Coward · · Score: 1

      Authorities and civilians? You mean civilians and civilians. Police? Civilians. FBI? Civilians. Any other non-military agency? Civilians. And probably not aliens. Maybe. But definitely civilians.

    37. Re:Law or morality? by Dread_ed · · Score: 2, Insightful

      What if a police officer was beating your kid. With this law in place anyone recording the beating could be taken into custody to prevent the premature dissemination of the video. Oh, and would you look at that, somehow the footage of the police beating that poor dead kid just disappeared.

      Yeah, no way this is a bad idea.

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
    38. Re:Law or morality? by Dread_ed · · Score: 5, Insightful

      But a police officer would have a perfect reason to detain you if you recorded them beating or shooting someone. Of course they would ostensibly be working for the rights of the family of the person they mangled. You know, ensuring the video didn't get out before it was legal. But then the video gets erased, or the recording device disappears.

      This is the last thing we need.

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
    39. Re:Law or morality? by CrankyFool · · Score: 1

      You know that cops don't typically arrest you prior to committing a crime, right? That's not, typically, how law enforcement works.

    40. Re:Law or morality? by tsqr · · Score: 2

      copy written

      Sigh

    41. Re: Law or morality? by Anonymous Coward · · Score: 0

      There is a fine line between "sensitivity" and ignorance.

    42. Re: Law or morality? by Anonymous Coward · · Score: 0

      Waiting around for the government to tell you when its okay to know about something... If someone thinks there is value in recording an event and sharing it with others then they should be free to do so.

    43. Re:Law or morality? by EEPROMS · · Score: 1

      I find it amusing that if I had a camera with CNN sticker on it while filming a car being pulled out of the river with bodies in it that's fine. But if I'm a citizen journalist filming the same event on my mobile then posting it on the net now I am immoral for some reason. Even more mental gymnastics in understanding morality in this for me is that big media post video/images on the net as fast as any citizen journalist these days.

    44. Re: Law or morality? by Anonymous Coward · · Score: 0

      Terorists start shooting up a mall... Then we should check back in an hour to see if the terrorists won.

    45. Re: Law or morality? by Anonymous Coward · · Score: 0

      So someone gets hurt and the news of that event gets suppressed for an hour? Maybe that makes sense for a car accident to give time to alert families, but maybe it doesn't make sense for a shooting or bombing where you want to warn your friends and family or even the public at large. Sure maybe he is talking about purely gratuitous posts about everyday types of accidents, but in almost all cases I can see value in immediately alerting people the someone in your community has been harmed.

    46. Re:Law or morality? by Anonymous Coward · · Score: 0

      ... no way this is a bad idea. ...

      People in general think crime is a bad idea. Most people, including the family affected, will want to respond to that crime. You raise an important edge case, but that's not the point of this law: It's to stop uninvolved people using death and calamity as entertainment to the detriment of the people involved in that death and calamity. In many ways it is a subjective crime, which is a problem the law will have to solve.

    47. Re:Law or morality? by temcat · · Score: 1

      But that's really how it is. As an ordinary citizen (not a policeman etc.), you're free to look the other way and nobody is going to prosecute you for that.

    48. Re:Law or morality? by parkinglot777 · · Score: 1

      Unrestricted freedom of the press would include the freedom to print what someone else wrote. So yes, copyright is a restriction of that freedom.

      You could say that, but it is not totally true. Fair use can be applied if the conditions are right. It is depended on your intent of what you called freedom.

    49. Re:Law or morality? by MitchDev · · Score: 1

      One person's "reasonavble" is another person's "censorship"

      Slippery slope to fascism...

    50. Re: Law or morality? by Anonymous Coward · · Score: 0

      If it was possible to get everyone to do the right thing by simply asking, we wouldn't need most of the laws that are on the books.

    51. Re: Law or morality? by Anonymous Coward · · Score: 0

      Watersports?

    52. Re:Law or morality? by LifesABeach · · Score: 1

      Well dumb ass, you've wondered into a Technical forum, can you find your way back to "fox news" and wail your proud ignorance over there?

    53. Re: Law or morality? by LifesABeach · · Score: 1

      Water-sperts?

    54. Re:Law or morality? by dcw3 · · Score: 1

      Maybe you conservatives should have warned everyone that if they didn't do things YOUR WAY, you'd burn down everything in society just because you're spiteful egotistical dicks. Here we are... where another conservative at the state level talks about stripping people of their constitutional rights.

      Thanks for that spiteful egotistical profiling...Dick!

      --
      Just another day in Paradise
    55. Re:Law or morality? by kilfarsnar · · Score: 1

      Okay, explain what I grossly misunderstand. How is it not a prior restraint on the freedom of the press? I mean, if I publish something that's copy written, then I get civil fines and potentially go to jail. That's clearly a prior restraint.

      It seems that what you don't understand is that copyright is the right to copy, not the write to copy or the right to write. So what you're not allowed to do is publish something that is copyrighted.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    56. Re:Law or morality? by dcw3 · · Score: 1

      I love when people bring out the "common sense" argument, as if everyone is in agreement. If you ask a republican and a democrat about what the common sense rule should be for guns, or abortion, do you think you'd get the same answer? There really is no such thing as "common sense" IMO.

      Recognized limits to constitutional rights have typically been drawn across the lines of either public safety (don't yell fire in a crowded theater), or when your actions are impeding on those of someone else.

      I'm too lazy to look it up, but believe SCOTUS has set precedent on speech limitations...think Westboro Baptist Church, etc. I think it's very doubtful any new laws would be found constitutional.

      --
      Just another day in Paradise
    57. Re:Law or morality? by Anonymous Coward · · Score: 0

      Posting about an incident isn't being a dick. It's telling the truth.

      People like this guy would prefer that people lie (see: lie of omission) and not let others know. I suspect his pockets are also being lined by the old guard media because they know their days are numbered because they can't keep up with the ability of the entire populace to report news.

    58. Re:Law or morality? by dcw3 · · Score: 1

      Putting limitations on the posting timing would be a limitation of first amendment rights to free speech. You and I may find it distasteful (Westboro, *cough, cough*), hateful (KKK), etc., but it's still allowed. Contrary to popular opinion, we don't have a right to not be offended.

      --
      Just another day in Paradise
    59. Re:Law or morality? by Anonymous Coward · · Score: 0

      "Decency"? "Discretion"? According to what, your opinion? Sorry, but telling it like it is, regardless of whom you might offend (because face it, you're ALWAYS going to offend SOMEONE) is the best thing to do. It keeps things real and unbiased. It allows the people you are communicating that information to the ability to formulate their own thoughts and not some watered-down, cherry-topped, tactful shit.

      Go away, you dainty little, think of the children, PC clown. You and people like you are what cause the problems in global society with your constant stream of little white lies. Maybe you ought to learn to be honest for once in your life.

    60. Re:Law or morality? by Anonymous Coward · · Score: 0

      Just as I can look the other way then someone beats or kills you for trying to impose your values on others. Taking pictures of mangled bodies isn't a bad thing. It's a record of the TRUTH. It's something that actually happened, hence knowledge that ultimately benefits society.

      Oh, and they are just bodies; shells of former living beings, inanimate objects. There is nothing unique or holy about it, god-boy.

      So fuck you and your censorship. I'd happily beat the crap out of you myself if you ever came up on me with your "sacred" opinions.

    61. Re:Law or morality? by Anonymous Coward · · Score: 0

      Grow the fuck up, shitstain. Talking about something that actually happened isn't a crime or a problem.

      What you want is for people to lie about occurrences.

    62. Re:Law or morality? by meglon · · Score: 1

      Maybe you should read the bullshit post i responded to that basically said if we'd just followed the dogma of the conservative religious fucks, the world wouldn't be such a harsh place to be....except... people seem to prefer freedom over religious fucktards trying to step on their neck. Conservatives are up in arms about the whole "PC" thing, yet what they really means is... show us respect while we be fucking bigoted assholes to anyone we want. So yes, once again, we have a fucking conservative elected official talking about stripping peoples constitutional rights because HE doesn't like their actions.

      Here's an idea... maybe any conservative that doesn't fit that profile should stand up and denounce those loud vocal pieces of shit that do.

      --
      Fascism: An authoritarian and nationalistic right-wing system of government and social organization. See also: NAZI's
    63. Re:Law or morality? by Anonymous Coward · · Score: 0

      There is no reasonable government regulation when it comes to speech.

    64. Re: Law or morality? by Anonymous Coward · · Score: 0

      I think he meant to say "Civil servants and human beings should be working together for a common good"

    65. Re:Law or morality? by Anonymous Coward · · Score: 0

      Because I don't have to wait an hour and I don't want to wait an hour, that's why.

    66. Re:Law or morality? by Anonymous Coward · · Score: 0

      Tell that to all of the people who have been arrested for lawfully recording and to all of the people who have been arrested for resisting arrest.

      You really are naive, aren't you?

    67. Re:Law or morality? by Anonymous Coward · · Score: 0

      Nope, don't want to. I'll publish what I want, when I want and there's not a damned thing you or this clown in Kentucky can do about it.

    68. Re:Law or morality? by david_thornley · · Score: 1

      If you write your own stuff, you don't worry about copyright. What copyright law says is what you can copy of somebody else's stuff without permission.

      Copyright does not stop you from saying anything you want. It stops you from using somebody else's words or pictures without permission. Write your own words and take your own pictures, and you're fine. If you can't write what you want to say without using somebody else's words, then I really don't care about your problems.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    69. Re:Law or morality? by david_thornley · · Score: 1

      The basic problem is that we can't pass laws to prevent people from being assholes without doing far worse damage to the populace and society.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    70. Re:Law or morality? by david_thornley · · Score: 1

      Yup. And a lot of people, looking at available video, concluded that one particular person was guilty, when he wasn't. The results for him weren't good.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    71. Re:Law or morality? by dcw3 · · Score: 1

      And I was under the impression that liberals didn't like stereotyping. Maybe you didn't notice, but there's a bit of a rift in the right. Also, conservative != religious.

      --
      Just another day in Paradise
    72. Re:Law or morality? by Dread_ed · · Score: 1

      Police don't typically beat people to death, shoot them for being the wrong color, or generally go around trampling on the rights of law abiding citizens either, but I definitely don't want to give them easy access to revisionary tactics that would make covering up misuse of power as easy as 1-2-3.

      A law stating that it is illegal to upload photos of a certain type without waiting a certain time frame would be incredibly easy to abuse. The police only need to utter one phrase and you are on the ground, cuffed, and taking the ride downtown where who knows what will happen to your person and personal effects. That phrase? "Are you uploading that video?" Presto! You're now a victim of the "system."

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
    73. Re:Law or morality? by meglon · · Score: 1

      Then read what i was replying to, and use a little context.

      --
      Fascism: An authoritarian and nationalistic right-wing system of government and social organization. See also: NAZI's
    74. Re:Law or morality? by kmoser · · Score: 1

      If you write your own stuff, you don't worry about copyright. What copyright law says is what you can copy of somebody else's stuff without permission.

      If you write your own stuff, you worry about other people copying it.

    75. Re:Law or morality? by Anonymous Coward · · Score: 0

      Ah here come the sanctimonious euro blowhards..

    76. Re:Law or morality? by epyT-R · · Score: 1

      Sorry buddy, but these days, stripping citizens of constitutional rights is a bipartisan effort.

    77. Re:Law or morality? by vux984 · · Score: 1

      Nope, don't want to. I'll publish what I want, when I want and there's not a damned thing you or this clown in Kentucky can do about it.

      And I'll defend your right to do it too.
      But you're still a complete douchebag for doing it.

    78. Re:Law or morality? by epyT-R · · Score: 1

      So when feminists demonize, lie about, and stereotype men, or when someone like al sharpton makes generalizations about whites, they aren't also bigoted assholes? See the problem here is one of double standards. If you're going to preach tolerance you also have to practice it. Liberals today are little different than those neo-conservative religious 'fucktards': They both want to use the state to impose a cultural package on the country.

    79. Re:Law or morality? by epyT-R · · Score: 1

      Talking about an event is not, nor should it be, a crime... at least not in free countries. Leave that shit for North Korea or the old Soviet Union.

    80. Re:Law or morality? by Anonymous Coward · · Score: 0

      2nd Amendment says the people have a right to bear arms. Just as people argue that there are "common sense" infringements of that right, why not similar for the press?

      The phrase "common sense" may not mean what you think it means.

      The 1st Amendment is specific to Congress. It says "no law". The state and local governments can pass laws that limit freedom of speech, subject to the 9th, 10th, and 14th Amendments. Many such laws exist, such as libel and slander laws. It is very hard to argue that there should be "common sense" exceptions here for Congress, since that creates a direct contradiction in the legal system, and contradictions in the legal system always involve ethical conflict of interest on the part of the legal profession.

      In short, if people want Congress to have the authority to pass laws infringing freedom of speech, then the only way this can be done consistent with the right to ethical practice of law is to alter the 1st Amendment. That right (to ethical practice of law) is certainly one the most fundamental rights in any society based on the rule of law, and hence in US law protected under the 9th and 10th Amendments, as a right "retained by" and "reserved to" the people.

      The 2nd Amendment is not specific to Congress. It just says "may not be infringed". Here things are simpler. A reasonable interpretation of the difference would be that the 2nd Amendment also limits the state and local governments.

      As a matter of ethical practice of law, adopting anything but a reasonable interpretation creates an artificial demand for the services of lawyers and thus violates the right to ethical practice of law. Thus, a notion of common sense is actually inherent in the law, simply as a consequence of some basic and fundamental rights: once we start using the word "reasonable" we're in the domain of "common sense". It's not something we have to add on after-the-fact.

      However, the 2nd Amendment right is a right of the people, which opens the door to limitations that do not affect a large portion of the population.

      Hence, in a 2nd Amendment context, it is "common sense" to limit the rights of persons, under arrest for a crime, to keep and bear arms, assuming that this group do not make up a large portion of the population. Any reasonable person would probably accept that if they didn't think much about it, though there could be some special cases that the more thoughtful people will consider. For example, if one is out on bail while charged with a crime, and has not yet been tried, and sees a mountain lion threatening a child (perhaps even having killed another child), is it then a crime to shoot the lion? What if one is a convicted felon? Under what combination of circumstances would it be wrong to pick up a gun and shoot the lion?

      The right to ethical practice of law applies here, as well: no law is valid if a reasonable person that is not a member of the government, and not a lawyer, considers the law to be infringing. The same applies to precedents that uphold such laws. Many of the laws regulating firearms are thus seen as illegal laws: many reasonable people disagree with those laws, and thus it was unethical practice of law to write them in the first place, and it is unethical practice of law for prosecutors and judges to enforce them. Groups like the police and the ATF that are enforcing such laws are engaged in illegal conduct.

      In practice, Congress and the state governments both have a long history of ignoring the Bill of Rights. The application of "common sense" becomes very difficult when the legal profession is busy creating and sustaining enormously complex laws, something which is characteristic of the USA. How many people, after all, have read the 2700 pages of the US federal tax code, or the 2000+ pages of law known as Obama Care? A Canadian citizen might be able to easily read the Canada Health Act (the Canadian federal law governing health care), at a mere 14 pages including the French translation,

    81. Re: Law or morality? by Cinnamon+Beige · · Score: 1

      This law's only going after a cool-off period, and doesn't seem to aim for anything more than preventing public dissemination of those images before that time is up. You do realize that it's possible to upload things to secure but private places, right? (And then you can open bidding to the media, who might not bother paying you for your footage otherwise.)

      In some ways letting people be liable for publishing graphic images of others might be both worse and already quite legal. If the public wants to be treated like professionals, then why not let them enjoy the full experience, including the paperwork burdens involved such as getting releases signed? The current rule for fair game (when you don't need a release) is public space and visible to public. So: lady in skirt on a city street is okay, an upskirt shot of same is not. There is, however, on the liberal side a movement to require consent always, at least if you are photographing a woman... (I wish I was making that up.)

    82. Re: Law or morality? by Cinnamon+Beige · · Score: 1

      That's why it must be specific about when, what, and how you can upload it: if it says I have to wait an hour to post it to social media, then I can upload it to a private cloud account immediately...and, in fact, my phone does so automatically. (It's not something hard to set up, and since it's automated I do not need to do a thing.)

  2. Good luck with that by redmid17 · · Score: 4, Insightful

    Even if the law were to pass and it survive all legal challenges -- and it most certainly wouldn't -- there are always going to be an insensitive idiots. I'm sure the victims would feel a ton better with random people taking pictures and spreading them instead of a news channel or newspaper.

    This easily falls in the "Why the fuck would you even bother" category. Seriously, this is the best response you could come up with to an incident in your district? Send out an email to your voter base and write a FB update praising people who respect the privacy and dignity of accident (or crime) victims. It's great because you wouldn't look like an idiot, would appear respectful, and it would have a bit more impact.

    1. Re:Good luck with that by armanox · · Score: 1

      I would think the goalshould be to get people to do something to actually help rather then just blog about it

      --
      I'm starting to think GNU is the problem with "GNU/Linux" these days.
    2. Re:Good luck with that by jeffmflanagan · · Score: 1

      With the low fine, and unconstitutionality, it seems like this rep is trolling us.
      How can he possibly be serious?

      Horrible people posting inappropriate things is just one of the bad things that come along with all the good the Internet brings us. I don't think there's anything we can do about it. You can't legislate compassion into people.

    3. Re: Good luck with that by Anonymous Coward · · Score: 0

      My thoughts exactly. There is no way they can fully control millions of morons from commenting on an event in social media not do they have the man power to uphold such a law. Furthermore, how do they expect to combat anonymous poster? I think that while the intentions may seem good the overall effect would eventually be pointless.

    4. Re:Good luck with that by Penguinisto · · Score: 1

      This, right here... hell, even as a politician he could go out of his way to shame and ridicule the dolt who decided that youtube/facebook hits are more important to him than discretion and dignity. Now *that* would have a lot more impact.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    5. Re:Good luck with that by Opportunist · · Score: 1

      Yeah, that's what's gonna happen.

      People will use that hour to get the best shots. If they even care about a fine of 100 bucks.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    6. Re:Good luck with that by Penguinisto · · Score: 1

      Are you kidding? With the right tabloid/media outlet, $100 is chump change compared to the cashing-in you can get from the likes of CNN or the National Enquirer (depending on what and whom you get video/images of)...

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    7. Re:Good luck with that by stephanruby · · Score: 1

      Also, when there is an accident involving a loved one, I want to know as soon as possible. I don't need someone to cushion the blow, if that means that I'll have to wait an extra hour to learn about it.

      This law doesn't even intend to protect the privacy of individuals, or penalize looky-loos, since it's really only about timing of the release of the pictures (and not anything else). If I were cynical, I'd say that this idea was more about lessening the burden on emergency services, police, and hospitals not wanting to deal with hysterical family members too prematurely.

    8. Re:Good luck with that by Archtech · · Score: 2

      I would think the goal should be to get people to do something to actually help rather then just blog about it

      Yes, I completely agree. BUT... everyone has got thoroughly used to seeing footage of dead, dying and horribly injured people abroad, taken by our "professional" media. If those cameramen and reporters choose to snap pictures rather than help, how can you expect ordinary people at home to act differently?

      --
      I am sure that there are many other solipsists out there.
    9. Re:Good luck with that by redmid17 · · Score: 1

      There is a finite limit to the number of people who can help with a particular person or in a particular scenario. This law explicitly exempts media, emergency peeps, and victims, so clearly it's not helping the victim that comes to mind first. If the media is on scene and no first responders, then they could still take pictures and not help. Reporters have never been known to do thatthat before

    10. Re:Good luck with that by truck_soccer · · Score: 1

      People interfering with experts would be a problem. Especially when EMT/FIRE/Police are on the scene. The last thing they want is some civilian getting hurt who was only "trying to help" or making the situation unstable/worse in some other way. I'm guessing they tried to come up with a way

    11. Re:Good luck with that by truck_soccer · · Score: 1

      lost the rest of my comment, and i am on my way out the door. So uh...just make something up.

    12. Re:Good luck with that by R3d+M3rcury · · Score: 1

      I'm sure the victims would feel a ton better with random people taking pictures and spreading them instead of a news channel or newspaper.

      Well, as I understand it, the newspapers/news channels tend to wait until the police/public officials notify the family before broadcasting the name of the person.

      This enters an interesting realm. Consider facial recognition or the like and the ability to be notified when pictures of you or your loved ones are posted on a social network.

    13. Re:Good luck with that by Anonymous Coward · · Score: 0

      But what if the chickens don't want to wear the nylons?

    14. Re:Good luck with that by TapeCutter · · Score: 1

      I'd say most if not all of the old school media ( TVs and newspapers ) routinely ensure that the victims relatives have been notified before publishing their identity. They're certainly not in the habit of publishing grizzly videos accompanied by a narrative that deliberately mocks the death or dismemberment of another human being.

      As to "why bother" - In most western democracies (including the US) politicians are expected to post bills to force a public conversation about a perceived problem. It's the formal way to "explore" what the state can/should do to deter the behaviour. I suspect that was the real purpose of this bill, if so, it seems to be working. The basic problem as I see it is there are competing "rights" at play ie: privacy vs free speech, the law needs to find a balance rather than a winner.

      Having said that, tolerating arseholes who use their "rights" to do the "wrong" thing is just part of the price we pay for western style civilisation.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    15. Re:Good luck with that by DroolTwist · · Score: 1

      But what if the chickens don't want to wear the nylons?

      LOL

    16. Re:Good luck with that by TapeCutter · · Score: 1

      Indeed, in fact far too many professional reporters have been shot and killed while trying to assist victims.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    17. Re: Good luck with that by TapeCutter · · Score: 1

      There's no way they can FULLY control cannibalism either, but that doesn't mean we can't do anything about it at all. I think the intention here was to "start a conversation", rather than to impose a solution. Now that everyone with a YouTwitFace account is an independent publisher, "individual privacy vs the free press" is certainly a worthy topic for formal political discussion.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    18. Re:Good luck with that by dsmatthews9379 · · Score: 1

      It could serve as a means of recording on the public record that those people are "insensitive" and therefore more likely to be psychopathic. Sounds like a good way of weeding out such people from positions where they could do harm. Three strikes, under that law, and you can't work in certain professions.

    19. Re:Good luck with that by Anonymous Coward · · Score: 0

      It is the same as every other politician... until something affects them negatively and directly, it doesn't really matter. I think politicians should be forced to live at the average income (which is around 30k/yr I think) and see how they managed to survive. Eliminate their kickbacks and inheritances and let them see how the rest of us have to live. When it has a direct impact on their social sphere it may actually sink in what they were put in office to do.

    20. Re:Good luck with that by sociocapitalist · · Score: 1

      This easily falls in the "Why the fuck would you even bother" category.

      Because it has people talking about it - even us, which will at least raise public attention of the problem.

      --
      blindly antisocialist = antisocial
    21. Re:Good luck with that by bluefoxlucid · · Score: 1

      This entire thread is about the legal merits of such a law.

      I'm looking at this "he says he's trying to solve a real problem" thing and seeing no real problem. Some people are talking about things in a way you don't want them to... that's not a real problem; it's you being a whiny git. A *real* problem is children being abducted, buttraped, and murdered in the woods; at the end of the day, there aren't any new bodies, any new injuries, or even new any information from the actions of people taking pictures and posting them on Twitter, meaning *nothing* *has* *changed* by these actions (or lack thereof) and any "problem" is non-real.

    22. Re:Good luck with that by bluefoxlucid · · Score: 1

      Dignity and an empty sack are worth the sack.

    23. Re:Good luck with that by ripvlan · · Score: 1

      You can't regulate morality. The Representative has his heart in the right place - but the constitution may be in the way (although - we do need to remember that limits can be set).

      This is something that society needs to resolve. 20 Years ago I was on a subway in Japan and everyone was silent - I've never experienced anything like this in the USA. Beyond the click-clack of the wheels you could have heard a pin drop. Very little talking - and always in whispers, most cellphone rings were quickly muted and if anybody talked they covered their face and spoke quietly ending the conversation quickly. I can't believe they have a law on the books - rather a deep respect for each other.

    24. Re:Good luck with that by Anonymous Coward · · Score: 0

      Then like GP said, you need to get a round table discussion going with the chickens and the amputee transvestite hookers. Didn't you even read his post?

    25. Re:Good luck with that by david_thornley · · Score: 1

      Getting people out of the way of emergency action is already standard practice. There doesn't need to be some goofy and unconstitutional law that might make it slightly less desirable to get in people's ways.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    26. Re:Good luck with that by truck_soccer · · Score: 1

      I agree. Legislating this kind of thing is preposterous. I was speculating on what the parent was speaking of moving the goal toward encouraging people to help rather than blog.

  3. This is what we need by fustakrakich · · Score: 1, Insightful

    I mean, cameras are obviously much more dangerous than guns.

    --
    “He’s not deformed, he’s just drunk!”
    1. Re:This is what we need by Penguinisto · · Score: 1

      I do wonder why no one has called for a background check and a 3-day waiting period before purchasing video/still camera-enabled equipment...

      (mind, that was not a serious sentence.)

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    2. Re:This is what we need by Anonymous Coward · · Score: 1

      Judging from the number of people that are assaulted and arrested by the Police for filming them, even from 50 feet away, that sentiment is apparently widespread in Law Enforcement.

    3. Re:This is what we need by Opportunist · · Score: 1

      Cameras don't kill people. People taking pictures instead of helping the injured kill people.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    4. Re:This is what we need by Anonymous Coward · · Score: 0

      I know, I know, I know the answer


      * PART ONE: New law, ALL COPS ATTACH HARDENED CAMERAS (which can not be turned off) TO ALL THEIR GUNS, and CARS!

      PART TWO: public gets to judge EVERY CASE.

      * BAN COPS FROM THE WEB WHILE ON DUTY, ya know, "so they won't confuse it with someone dialing 911."

      To sum it up. The senator who claims vague incidents and doesn't get specific, wants a law to punish WORLD + DOG - recall that fucker. HE aint your friend! He just took a swing.

    5. Re:This is what we need by leftover · · Score: 1

      I seem to recall that it has, by a legislator in a Southern state. I can't find it now without remembering more specifics. "stupid things politicians have said" is a pretty big slice.

      --
      Bent, folded, spindled, and mutilated.
    6. Re:This is what we need by dsmatthews9379 · · Score: 1

      You'd be surprised how easy it is to trigger the death a vulnerable person by publishing a particular type of photo of them to the web. Of course doing so also risks the alternative, where they murder you rather than just kill themselves, or they could do both. Cameras can kill because photo publishing is to bullet as camera is to gun.

    7. Re:This is what we need by fustakrakich · · Score: 1

      All that paranoia, and without drugs?

      --
      “He’s not deformed, he’s just drunk!”
    8. Re: This is what we need by Anonymous Coward · · Score: 0

      I was ticketed by a cop for taking a picture of a wreck. I was thinking that people need to see pictures like this because our roads aren't safe and we need to change our laws to allow autonomous cars sooner rather than later. The cop was thinking I was an asshole. I may have been insensitive, I have no idea if someone was hurt or killed before I went by, but my purpose was to try and do something to prevent that sort of thing from happening in the future.

    9. Re:This is what we need by Anonymous Coward · · Score: 0

      You joke, but think about how difficult it is to bring down those in power with guns. Even just your local police force will completely overwhelm you.

      In order to present any real threat, it would take a unified, armed uprising by a substantial separatist population willing to endure civil war.

      Now picture how easy it is to bring low the mighty with a single camera. Everything from Rodney King to Congressman Dick Picks to Abu Ghraib. You bet your ass a camera is more dangerous than a gun.

    10. Re:This is what we need by Anonymous Coward · · Score: 0

      Why bother with a background check? Just mandate all camera equipment be compatible with Cinavia, and just have the police broadcast on full blast anytime someone pulls out a camera. Seems to be a lot easier of an option to enforce than a background check. As a bonus any picture / video that does make it online is evidence of both mandate violation and copy protection circumvention. (Thanks DMCA!) Which makes prosecuting a breeze! The criminal is forced to confess their own guilt by default! Also perfect for oppression!

      /sarcasm mode off.

      In all seriousness though, as a person who lives in Kentucky, we have the news constantly going on about the latest murder (Not even in the state or Indiana....), up to the minute coverage of the media standing around the crime scene demanding answers from the police when the incident occurred only 15 minutes ago. (The news team was there before EMS???? WTF???) etc. It's hardly surprising that we're accustomed to it now, but if Representative Carney thinks that mandating a fine will make people be more respectful for the victims, he's barking up the wrong tree. If he really wants people to respect the victims maybe he should do something about the media glorifying it for ratings every chance they get instead.

  4. just not right by zlives · · Score: 1

    but it is their right. also he is still ok with taking the pictures just delay posting them... so clearly it is still right at a later time.

    1. Re:just not right by Junta · · Score: 2

      It's striving for some sort of compromise in the face of a rather uncomfortable scenario.

      We value free speech and it's a dangerous thing to flirt with the idea of *any* restriction. So to *forbid* anything is just outright unacceptable from the outset.

      On the other hand, people are jerks and intentionally or unintentionally do hurtful things that really offer no value whatsoever to public discourse.

      So if you care about it and feel compelled to say *something*, this doesn't seem such a strange thing to put out there, even though I can't see it being a good idea even in this form.

      --
      XML is like violence. If it doesn't solve the problem, use more.
    2. Re:just not right by blue9steel · · Score: 1

      On the other hand, people are jerks and intentionally or unintentionally do hurtful things that really offer no value whatsoever to public discourse.

      Perhaps, but you don't won't government making value judgements about whether something has "value to public discourse", that road leads to massive censorship.

    3. Re:just not right by zlives · · Score: 1

      i would tend to agree if it was anyone but a legislator threatening by legislation.
      Personally i don't facebook and if some one i knew posted this crap i would block them any way. But thats my choice and i am still free to exercise that. This person is taking what little is left of the political process and forcing his moral view by threatening to legislate. He could have started a conversation in another way if he felt it was necessary.

    4. Re:just not right by R3d+M3rcury · · Score: 1

      But does it have value to the public discourse...right now?

    5. Re:just not right by Junta · · Score: 1

      Well, I'd like to think that his language suggests he knows full well the legislation is a dead end and just a way for him to introduce controversy for the sake of having his viewpoint heard more widely... I mean he's a relative nobody who no one would bother reporting on if he had some press conference, and this is his lever of getting something out there. Of course I could be being optimistic in hoping that a legislator wouldn't seriously realize how bad an idea in practice such a bill could be.

      Hoping that the stated sentiment behind the bill is not lost in the face of how terrible an idea the actual bill is.

      --
      XML is like violence. If it doesn't solve the problem, use more.
  5. Not only right, it's important by Schezar · · Score: 4, Insightful

    In what era of human history before now have we had such thorough and widespread documentation of events both wonderful AND tragic. All those camera angles, all those photos, all that video and audio: it's hard to cover something up. Hard to hide evidence. Hard for police to quietly murder a black man and sweep it under the rug.

    A person who videos INSTEAD of rendering aid, when their aid is needed, is a shithead.

    But what do you expect? 100 people to all somehow help? We naturally now stratify into helpers and documenters. Both are important.

    --
    GeekNights!
    Late Night Radio for Geeks!
    1. Re:Not only right, it's important by Junta · · Score: 1

      I agree there's no way this could be a good idea to actually implement.

      However I question the value of widespread, instant, and permanent documentation of everything. We do not need pictures of every snack and meal each person eats. We don't need to instantly be able to access 100 different camera angles of a gruesome car accident (though camera angles of such things may be helpful in the medium term to understand what went wrong). We don't have a long term value from footage of all sorts of common things that individually tell us nothing we didn't already know.

      --
      XML is like violence. If it doesn't solve the problem, use more.
    2. Re:Not only right, it's important by twotacocombo · · Score: 1

      A person who videos INSTEAD of rendering aid, when their aid is needed, is a shithead.

      But what do you expect? 100 people to all somehow help?

      If you're not helping, get the hell out of the way and go stand on the sidelines. There's no need for a crowd of people to gather around like vultures just to stand there recording it with their phones. We've all seen those videos by now, there's really no reason to keep seeing the same thing over and over. I'm all for the first amendment and the peoples right to be informed and express themselves, but can we at least pretend to have even a shred of compassion and respect for others? Can we not be decent human beings anymore, and perhaps one person can muster the courage to put down the phone and walk away instead of gawking at someones final moments?

    3. Re:Not only right, it's important by Anonymous Coward · · Score: 0

      his proposed law doesn't prohibit recording - it prohibits distribution of the recording within a limited timeframe.

    4. Re:Not only right, it's important by quintessencesluglord · · Score: 1

      To be fair, most people are idiots and are as likely to cause harm as good when trying to help. At least we've gotten past the Kitty Genovese effect (mostly) and at least someone in the crowd will call 911.

      Not to mention Good Samaritan laws won't really shield you from a soul-crushing investigation of second-guessing against a backdrop of what would a "reasonable" person do when faced with blood everywhere, body parts, and chaos. I'm reminded of an investigation of the medical staff accused of killing patients during Katrina. Even amid horrendous conditions that defy imagination, someone will asses that you should have always done more. I'm not surprised that more people don't attempt to offer aid.

      Anyway, the law of unintended consequences comes to play here, and instead of people documenting or rendering help, I'm sure several will just walk away.

      Will he stop people from making phone calls as well? Exactly how broad of a definition of social media is he using?

    5. Re:Not only right, it's important by Anonymous Coward · · Score: 0

      Hard for police to quietly murder a black man and sweep it under the rug.

      Does it ever end with you racist fucktards? Not everything is about race you piece of shit.

    6. Re:Not only right, it's important by Viewsonic · · Score: 1

      I agree, but it's not even just about helping people. It's about the guy who shows up at the scene of an accident where a young woman is gasping her final breaths during a horrific accident as rescue workers are doing everything they can to save her life. She passes on and her entire last few minutes of life are now about to be posted online for everyone to witness before her parents even know she is gone.

      This happened at an accident this summer that a coworker was involved in. He noticed a guy filming this as she died, and he made him delete it all or he was going to eat a knuckle sandwich. The guy complied, even though he didn't have to. But I am sure this happens a lot in todays society, and can only imagine the added horror something like this adds to the family and friends.

      It sucks. There has to be a solution that is fair without stepping on other rights that can be abused.

    7. Re:Not only right, it's important by Rinikusu · · Score: 1

      And increasingly: profiteers.

      --
      If you were me, you'd be good lookin'. - six string samurai
    8. Re:Not only right, it's important by kheldan · · Score: 1

      A person who videos INSTEAD of rendering aid, when their aid is needed, is a shithead.

      What if that person is not qualified to be a First Responder (doesn't know enough first aid to be useful and knows that, or just isn't confident enough) and they know that actual First Responders are on their way? Sure it seems callous to just stand there and video it, but otherwise they just stand there? Of course if they're all excited and acting like it's 'fun' or something then they need to be punched in the nose.. but that's besides the point. Like it or not you can't legislate 'taste' either; discouraging poor taste is up to public opinion, not Congress or the courts.

      --
      Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
    9. Re:Not only right, it's important by Anonymous Coward · · Score: 1

      helping someone with a traumatic injury is a very serious and complex situation. it is commonly understood that people wait for medical professionals to show up. makes all the lawyers happier too, and believe it or not, when they're happy, everyone is happy.

    10. Re:Not only right, it's important by sjames · · Score: 1

      One way might be to simply recognize such a thing as harm inflicted on the victim's loved ones and open such a person to a civil suit. The 1st amendment protects the speech itself but doesn't make us immune to legal actions if we use our free speech to harm others.

    11. Re:Not only right, it's important by Hognoxious · · Score: 1

      Hard for police to quietly murder a black man and sweep it under the rug.

      Unless they beat him totally flat there's be a bulge.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    12. Re:Not only right, it's important by Cederic · · Score: 1

      If I'm the best person to provide aid, then I'll provide aid.

      Otherwise, I'm happy to film or photograph. Anybody threatening me as a result gets filmed or photographed, right up until the point I put them in hospital through self defence.

      Although while we're waiting for the ambulance it's a recursive problem.

    13. Re:Not only right, it's important by david_thornley · · Score: 1

      There are a few things that kill fast, such as arterial bleeding and breathing obstruction, and people should try to stop them without waiting for first responders. Other than that, if you're not qualified, let somebody who is handle the situation.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  6. bad taste maybe by ganjadude · · Score: 4, Insightful

    bad taste maybe but illegal???? seems a little, i dont know unconstitutional

    --
    have you seen my sig? there are many others like it but none that are the same
    1. Re:bad taste maybe by Anonymous Coward · · Score: 0

      In related news, he's soon to propose a fine for not helping little old ladies cross the street, jail time if you talk in a theatre, and you don't want to know what happens if you use your cell phone at a fancy restaurant.

      I mean since he's talking about legislating civility, manners, and common decency, it only makes sense.

    2. Re:bad taste maybe by Matheus · · Score: 1

      ...and if I see you use your soup spoon for your dessert again... BAM! Straight to the electric chair.

  7. it's a cultural problem, unfixable via tech or law by Anonymous Coward · · Score: 5, Insightful

    This is a symptom of a deep cultural problem, and I don't think either law or technology is going to fix it. At best, it'll just be another "law nobody knows about" that can be used for selective enforcement.

    This need to post every microscopic facet of one's life to Facebook is rather sick, even under less tragic circumstances than a traffic accident. It's something that's badly broken about our narcissistic culture. It's bad enough when it's one's own private data, but when it involves some other human being who didn't agree, and in fact may have just suffered either the worst day of their life, or the last day of their life, it's even worse. It's a symptom of lack of empathy for other human beings.

    The only way I see to fix this is long term and cultural, not short term and legal.

  8. Scanner feeds? Sports? by xxxJonBoyxxx · · Score: 2

    I wonder if this guy knows about "scanner feeds" where some loner posts what he/she hears on the police/fire/EMS scanner into Twitter or Facebook. Lots of times there's serious injuries there. (Sometimes even the responder departments do this since the reports will all be public later anyway.)

    Or what about sports? Would this prevent tweeting about a particularly violent tackle?

    1. Re:Scanner feeds? Sports? by ibpooks · · Score: 1

      Sure, but those scanner feeds rarely include victim names whereas various social media platforms can easily fill in those blanks with facial recognition technology AND automatically notify all of that person's friends in one fell swoop.

    2. Re:Scanner feeds? Sports? by wisnoskij · · Score: 1

      FB is not quite able to automatically tag people in photos yet.

      --
      Troll is not a replacement for I disagree.
    3. Re:Scanner feeds? Sports? by The-Ixian · · Score: 2

      I guess I would rather know than not know. Why does it matter if it is the police that inform you or social media? Why is one worse than another? The tragedy still happened and the loved one is still injured or dead...

      --
      My eyes reflect the stars and a smile lights up my face.
    4. Re:Scanner feeds? Sports? by sjames · · Score: 1

      Depending on how close you are to the deceased and your personality type, it may help if you find out when there is someone else there who at least cared enough to tell you in person. They'll often stay until the news seems to have sunk in and you contact a friend so they know you won't do something regrettable. That's why you may hear on the news that details have been withheld until police can notify the family.

      If the closest person to you in your life had a terrible accident, would you want to find out about it on facebook with bloody pictures surrounded by comments from the biggest jackasses on the net?

    5. Re:Scanner feeds? Sports? by david_thornley · · Score: 1

      Oh? I was taking a picture of something last Saturday, and got a friend into the shot. It wasn't a good picture, and I don't think I'd have immediately recognized him from the picture. As I was posting it to Facebook, FB tagged the photo with his name. Facebook does have that ability in many situations.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    6. Re:Scanner feeds? Sports? by wisnoskij · · Score: 1

      FB allows others, who you shared the picture with, to tag them.

      --
      Troll is not a replacement for I disagree.
    7. Re:Scanner feeds? Sports? by david_thornley · · Score: 1

      The tagging was immediate. There was no time for any human to react. And, as I said, it was a bad picture, so a human might have had a moment's trouble identifying him.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  9. So... by Anonymous Coward · · Score: 0

    "news journalists" are tired of getting scooped by bloggers and twitheads?

  10. Re:This is in line with the current Obamba care... by Anonymous Coward · · Score: 0

    lol wut...

  11. soon by Anonymous Coward · · Score: 0

    > he doesn't intend to push the bill immediately,

    "I'll wait until they are sleeping, then BAM!" - John Carney

  12. Why? by Ericular · · Score: 1

    If it's "just not right" for bystanders to post photos of victims to social media, why make exceptions for "emergency responders" and "members of the news media"?

    "At first I was flabbergasted when I learned of my wife's death via a photo posted on Facebook, but breathed a huge sigh of relief when I saw it was just my local news team's Facebook account! A huge thanks to the Channel 10 News Team for their sensitivity and tact in relaying this private information."

    1. Re:Why? by The-Ixian · · Score: 1

      Exactly.

      If anything social media could cut out a lot of worry time by notifying you faster. Why does it matter where the information comes from?

      --
      My eyes reflect the stars and a smile lights up my face.
    2. Re:Why? by sjames · · Score: 1

      Generally, the news holds identifiable pictures and such until police notify the family. They also avoid going for maximum gore. It's part of professional standards. They also don't want to end up on the "no comment" list.

      First responders know that posting accident photos to the web is a firing offense.

  13. Yes. by Anonymous Coward · · Score: 0

    This actually happened to me when my Mom died. A facebook-obsessed uncle posted about my mom's death the moment she died. My grandmother didn't even have a chance to call me first.

    1. Re:Yes. by Opportunist · · Score: 1

      If that happened to me I could have twittered about the sudden and unforeseeable tragic that has struck my family a second time in rapid succession...

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:Yes. by Bugler412 · · Score: 1

      and yes, that makes the Uncle an ass. That doesn't mean that there should be a law against being an ass that is expressly forbidden under the constitution and court precedence.

    3. Re: Yes. by Anonymous Coward · · Score: 0

      Really sorry. My cousin heard of her husband's fatal accident via the social-media-connected people around her. She told 'em, "no, he'll be home any minute", but that's not the way it worked out.

      An awful thing, though perhaps only an indignity, compared to the hurt of actually losing a loved one.

      I hope they can do something to stop this, but I don't have a lot of hope for said law. It seems there's a good bit of constitutional precedent against it.

      The real key is to get humans to stop behaving like selfish animals, but that's not gonna happen soon.

  14. Re:First by Opportunist · · Score: 5, Funny

    That was less than an hour of that trainwreck of a story appearing, prepare to pay for that!

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  15. Not what bills laws are for. by Anonymous Coward · · Score: 0

    What a god damn retard.

  16. Re:This is in line with the current Obamba care... by Opportunist · · Score: 2

    I'm now fairly convinced there is some kind of contest going on. "How many postings about 'Obamacare' can you get done in a single day pretending that it has anything to do with the topic on hand".

    Seriously. If there was a story about the second coming of Christ, all we'd get to hear from you is how we got Obamacare but Jesus still got holes in his hands.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  17. Nothing else to do... by DriveDog · · Score: 1

    how about focusing on making life for residents more interesting?

  18. cause we need to legislate away rude behavior? by Anonymous Coward · · Score: 0

    stupid.

  19. 1. Start negotiation with ridiculous position by Anonymous Coward · · Score: 0

    2. End negotiation with something still nobody wanted, but which looks like a compromise.

    Probably something about obstruction which works suspiciously well at intimidating people filming cops.

  20. Tit for tat? by RobinH · · Score: 2

    So the correct way to handle that situation is to take a picture of the dufus that's taking a picture of a body being pulled out of a car, and post a picture of them on social media.

    --
    "I have never let my schooling interfere with my education." - Mark Twain
    1. Re:Tit for tat? by truck_soccer · · Score: 1

      As a Mr. Dwight K. Schrute put it : Tit for Tit.

  21. Police will like it by Threni · · Score: 1

    next time they shoot or beat the shit out of a black person; hell, any disadvantaged person.

    1. Re:Police will like it by Anonymous Coward · · Score: 0

      All the rest of citizenry is disadvantaged in the presence of the police.

      The police is armed by the government to enforce the interest of the government. Their sole reason of existence is to control you for the benefit of the government.

  22. Infringements by Chas · · Score: 1

    Freedom of speech/assembly.

    Moreover, it's a blatant cash grab.

    --


    Chas - The one, the only.
    THANK GOD!!!
  23. This is just a classical hammer case by Anonymous Coward · · Score: 0

    Being a legislator, his only tool in the toolbox is writing bills.

  24. summary : Rep SAID he's trolling by raymorris · · Score: 5, Insightful

    The fine summary at the top of this page says he doesn't intend to actually push the bill to pass and the representative says "It's purely my intent to get a discussion going out there, asking people to be more respectful ".

    So yes, he's trying to get a discussion going, aka trolling. That appears to have worked because here we are discussing it.

    1. Re:summary : Rep SAID he's trolling by redmid17 · · Score: 1

      And the general consensus is that the attempt is ill-advised and he would be better served (and not look stupid) by using other means to do so.

    2. Re:summary : Rep SAID he's trolling by Anonymous Coward · · Score: 0

      And the general consensus is

      The voices in your head != "the general consensus"

    3. Re:summary : Rep SAID he's trolling by Anonymous Coward · · Score: 0

      And the general consensus is that the attempt is ill-advised and he would be better served (and not look stupid) by using other means to do so.

      Yes, if he was my rep, the discussion would be about how we replace someone who doesn't understand the oath they took. He obviously knows such a law violates fundamental rights.

    4. Re:summary : Rep SAID he's trolling by AmiMoJo · · Score: 2

      He really isn't trolling. The argument that people have reasonable expectations of privacy for medical issues is perfectly reasonable and not exactly a fringe view. In some places when people are being given medical attention in public the police will try to block the view of the public because most people would probably prefer not to be seen soiling themselves in public while they cry from the pain and try to ignore their knee bending the wrong way. They probably don't want to see images of that later on either, given the choice.

      In the past it was unlikely anyone would have taken a photo of it. People didn't regularly carry cameras, and those who did tended to be responsible with them. Agree or disagree, it's a debate worth having.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    5. Re:summary : Rep SAID he's trolling by AthanasiusKircher · · Score: 4, Insightful

      So yes, he's trying to get a discussion going, aka trolling. That appears to have worked because here we are discussing it.

      Why call it "trolling" exactly? A stereotypical "troll" isn't generally interested in "trying to get a discussion going" -- a troll usually wants to avoid substantive discussion and drive things into flamewars and emotional outbursts. In addition, trolls are usually insincere, disrupting reasonable discussion for their own amusement.

      Almost none of that is here. Here's a guy whose aim appears sincere and who wants to get a reasonable discussion going on serious topic. He's putting a proposal out there, and perhaps reaction will lead to the development of a better solution. Perhaps his proposal is unworkable and naive, but it's certainly after a fairly reasonable result.

      And also, I think most people here would agree that it would be better if lawmakers actually didn't ram through the first ridiculous legislation that comes into their brains, but threw out some ideas, got some reaction, and crafted something more reasonable.

      You can criticize him as stupid or naive or ignorant of how the internet or the law works, but "trolling"??

    6. Re:summary : Rep SAID he's trolling by ArylAkamov · · Score: 1

      Pretty sure he was being sarcastic and it went over your head. I think he meant it in the way that anyone who disagrees with another persons belief tends to scream "TROLL!" to silence them instead of trying to engage in discussion.

    7. Re:summary : Rep SAID he's trolling by AthanasiusKircher · · Score: 1

      If that's what he meant, I still don't understand it. Everything else in the post was basically true, so you're suggesting that one word was used sarcastically in a way that doesn't make much sense. Whatever...

    8. Re: summary : Rep SAID he's trolling by Anonymous Coward · · Score: 0

      But he is the one being disrespectful of people and the constitution to propose such a law and to completely ignore the societal value in making people aware when something bad happens. Ignorance is not a virtue. Some images are hard to look at, and yes I do want to shield my kids from seeing these things. But sometimes we need to see things as they happen even when somebody with a press pass isn't there.

    9. Re:summary : Rep SAID he's trolling by david_thornley · · Score: 1

      You don't know how many voices are in his head, and a "consensus" doesn't require universal agreement.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  25. Catch-22 by IonOtter · · Score: 4, Insightful

    Say you record a cop shooting a pedestrian. Straight up, cold blood, didn't like them, went postal, flipped their lid and shot a jaywalker.

    If you post the video of the murder right away, you can be arrested and charged.

    But if you wait an hour, that gives the murderers time to come up with ways to protect themselves.

    --
    [End Of Line]
    1. Re:Catch-22 by Anonymous Coward · · Score: 0

      That's what these kinds of laws are for in the first place. Vote accordingly!

    2. Re:Catch-22 by Anonymous Coward · · Score: 0

      Solution - take your video to the police.

    3. Re:Catch-22 by Anonymous Coward · · Score: 0

      So, what happens if the social media you're filming is a live event and the injury happens right then?
      Technically, you've broken that law before you can stop the feed.

  26. Re:This is in line with the current Obamba care... by truck_soccer · · Score: 1

    If I had a mouthful of coffee, I would have spit it all over my computer.

  27. reminds me of the nightcrawler by Anonymous Coward · · Score: 0
  28. thank god for this politician. by nimbius · · Score: 1

    legislators: we should tackle existing agenda items such as the impending repeal of our states healthcare exchange from a newly elected governor, or the drug crisis in cities like Covington and Louisville.
    John Carney: I wrote something on a dennys napkin about people who do things i dont like.

    --
    Good people go to bed earlier.
  29. In Poor Taste vs Illegal by Jason+Levine · · Score: 1

    "There have been times we've been pulling bodies out of cars and these people are standing there, snapping pictures on their phones to post on Facebook. It's just not right."

    There are many things people can do that might be in poor taste, but won't be illegal. If these people are standing on the sidelines and not preventing emergency services from getting to the injured/dead, then they aren't doing anything illegal. Will we next require people to intervene instead of standing on the sidelines? (Not minding that Random Person intervening might make the problem worse.) If the people are interfering with emergency services, then that SHOULD be illegal. However, it's not the "taking photos/posting on social media" aspect that's illegal. That's just a side issue to people blocking emergency services in their quest to get a photo for Facebook.

    Somehow, though, I doubt this guy's talking about people mobbing a scene and instead thinks he needs to regulate what is and isn't in poor taste.

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    1. Re:In Poor Taste vs Illegal by ibpooks · · Score: 1

      There are also quite a few activities that cause little to no harm other than being in poor taste or offensive to some moral views, but are various degrees of illegal nonetheless. Public nudity, cursing on FM radio, selling/consuming/possessing drugs and/or alcohol in particular counties or times of day for example.

  30. Yeah right. by truck_soccer · · Score: 1

    I see an emerging market for fake press badges in Kentucky should this law pass.

  31. "Media" doesn't matter by Anonymous Coward · · Score: 1

    The press has freedom of speech because all the people have freedom of speech. Once you start singling the press out for special treatment, you have State Controlled Media.

  32. Re:it's a cultural problem, unfixable via tech or by sims+2 · · Score: 1

    You mean like the jaywalking laws?

    The town I live in only has crosswalks in one place Walmart.
    The rest of the town is unmarked so people just cross wherever whenever it is safe to do so it is very often selectively enforced when it really ought not apply anymore anyhow.

    --
    Minimum threshold fixed. Thanks!
  33. price of freedom.. by Anonymous Coward · · Score: 0

    It's a choice.. morality aside. It's not for the government to dictate what you should and should not be allowed to do. It's the new age of social media and information travels fast. I don't think it's any different than obits being published and relatives finding out from the paper before someone calls them. That's just madness. I agree you don't need decapitated pictures of close ones on the internet.. but again.. that's morality. Common sense and as another posted mentioned.. Report it to facebook/twitter etc. You can't enforce and legalize decency as tempting as it would be at times, everyones perception of what is appropriate and what is decent varies. That's the cost of having a free country. Sad yes, sick maybe in some cases. But it is what it is; you can ask, you can report to private social media sites and they can take it down, but evolving the legal system is not only unconstitutional, it's morally wrong.

  34. Is an official visit any better? by Archtech · · Score: 3, Insightful

    "...I'd hate for anyone to learn about the loss of a loved one through social media."

    Sounds reasonable. But wait a minute - is there any good way to learn about the loss of a loved one? I know from personal experience that the arrival of two regular policemen at your front door in the middle of the night isn't ideal, either.

    Something terrible has happened. It can't be undone. I'm not entirely sure I wouldn't actually prefer to read about it on social media, and be able to grieve alone before outsiders began to push in with their expectations and self-conscious caring voices.

    --
    I am sure that there are many other solipsists out there.
    1. Re:Is an official visit any better? by bfpierce · · Score: 1

      People who generally give this news are trained to do so.

      It's a bit better than seeing "LOL Look at this wreck!!!1" on Facebook at least.

      Not that you can successfully legislate something like this, at all.

    2. Re:Is an official visit any better? by Anonymous Coward · · Score: 0

      Would you like to find out via a first person video of your loved one bleeding out on the side of the road?

  35. More laws by Tailhook · · Score: 1

    That "hour" will get abused to be anything, anytime, plus confiscate and search.

    No thanks. Life sucks. Cops can't fix that. Stop adding cops to every "problem." It doesn't help.

    The people I live among have the good taste not to do this to others. Foster decency and honor and leave the cops out of it. For that you'll need discipline, respect and a degree of prosperity. The exact opposite of what our leaders give us with their welfare state, grievance mongering and controlled decline.

    --
    Maw! Fire up the karma burner!
  36. Legislating Morality. by blueshift_1 · · Score: 1

    It all comes down to you can legislate morality. Shitty people will always be shitty people

  37. Law is not the way by slapout · · Score: 1

    I don't think the solution is another law. Instead he should find someone to launch an education campaign and try to convince people why they shouldn't do it.

    --
    Coder's Stone: The programming language quick ref for iPad
    1. Re:Law is not the way by waTeim · · Score: 1

      Conversely, there should also be an education program on how to obtain the best shot-angle, SEO, and re-tweet potential. Arbitrary rule rule construction -- be it laws or morals -- should only be preferred to the alternative (anything goes) if there's no better way. This has traditionally been supported because access to the better way has been gated by timeliness and lack of information, but that's slowly being removed. This can sometimes lead to a tough choice when it's not clear which is better, but answering in this circumstance is easy. Freedom of speech in the US is sacrosanct.

  38. "Kentucky Bill. Junior." by mujadaddy · · Score: 1

    We named the dog "Kentucky"...

    --
    Populus vult decipi, ergo decipiatur...
    "Force shits upon Reason's back." - Poor Richard's Almanac
  39. 'Media' by rickb928 · · Score: 1

    We are the people. We have the recognized right to free speech, assembly, and religion.

    Media corporations rely on THAT to do what they do.

    These people have it reversed. These are OUR rights, not theirs, first.

    --
    deleting the extra space after periods so i can stay relevant, yeah.
  40. Re:First by Thud457 · · Score: 1

    Who is Kentucky Bill and why does he want to injure Tiger Robinson?

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  41. You cannot legislate social change by Amasuriel · · Score: 1

    This is what...okay one of the many thing, wrong with the US and much of the other western nations. You cannot legislate social change. It doesn't work. You want people to be more respectful (the meaning of which varies), you need to make that behavior the socially acceptable one, not the legally acceptable one. How much better our laws would be if they focused on safety rather than people trying to make things they don't agree with illegal. I don't even disagree that posting pics of some fatal car crash is asinine behavior, but not a legal issue at all.

  42. Good, the media can still inform families of death by JonahsDad · · Score: 1

    About 8 years ago, one of our local (Milwaukee) TV anchors called the wife of a man who was killed earlier in the day. Unfortunately, no one at the TV station (TMJ4) made sure that the police had already told her. Even worse, the TV station defended her actions and she still works there.

    I'm glad this bill wouldn't prevent that sort of thing from happening again; mostly because if she would ever interview me unannounced, the first words out of my mouth are going to be, "Oh god, my wife was killed, wasn't she."

  43. It's free speech. by Maxo-Texas · · Score: 1

    This would be like passing a law you can't look at the accident for an hour after it happens.

    This is illegal and won't pass a trivial constitutional test.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    1. Re:It's free speech. by AHuxley · · Score: 1

      Its more about giving giving technocrats, bureaucrats, party officials and political leaders time to create a narrative.
      Too often press releases have gone out too quickly only to be found to be party line spin in the face of citizen or press released HD media.
      One hour gives time to find out that the press, media, police cam has and apply political spin based on what will be seen.

      --
      Domestic spying is now "Benign Information Gathering"
  44. Media, but not social media? by JeffOwl · · Score: 1

    How is that right? Either it is everybody or nobody. You can't prohibit individuals from doing this if you allow mainstream media. BTW, I don't think you should legislate this anyway, freedom of speech and such.

  45. Re:it's a cultural problem, unfixable via tech or by dyslexicbunny · · Score: 1

    Yea but how else are people who are miserable in their own lives going to get some level of validation? Other people just come second to that.

    "Look at this crazy thing that came into my life!"

  46. Media by Anonymous Coward · · Score: 0

    Non-law. Anyone who communicates can be called media, there is no meaningful distinction any more.

  47. "Just Not Right" by Anonymous Coward · · Score: 0

    My guess is that Representative John Carney has been contacted by people with emotional pleas using the argument "it's just not right".

    Carney's job is to explain to those people that it may not be "right" but it is legal and the ability to do so is Constitutionally protected in the US. He should stop seeking headlines and wasting taxpayer resources and tell these people the truth.

    People can be dicks -- and they should not be dicks -- but being a dick should not be against the law.

  48. CLEARLY a First Amendment issue by kheldan · · Score: 1

    Whether it's intentional or not, this legislation will clearly violate people's First Amendment rights, and as such it cannot become Law.

    --
    Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
    1. Re:CLEARLY a First Amendment issue by argumentsockpuppet · · Score: 1

      Have you read the constitution and bill of rights? There is a good bit there that has been repealed. There is some that is just flat out ignored because the courts have decided to "interpret" it in ways that were obviously never intended.

      I'm still coming to grips with the realization that the constitution is dead.

      We elect people who don't follow the law. They appoint judges that don't follow the law. We elect judges and re-elect congressmen who decide the law doesn't mean what it clearly says. They could change it, but that would require getting people to agree and it is far easier to just declare that the law means I can do what I want.

      If they pass this; of course it becomes law. It may be a law in conflict with the Constitution that gives the law it's authority, but that doesn't mean it won't be enforced. It doesn't mean people won't have to follow it. It's the law because the government says it is the law and they pay the guys with uniforms and guns. In the case of legal vs illegal, law vs non-law, and government vs impotent idealists; it always comes down to "might makes right."

      And we elect the government. I'm not sure which is the greater tragedy.

    2. Re:CLEARLY a First Amendment issue by Anonymous Coward · · Score: 1

      Rep. John Carney is a Democrat. What's this bill of rights you speak of?

    3. Re:CLEARLY a First Amendment issue by meglon · · Score: 1

      Must be hell going through life not being able to read. This little story is about John Carney of KENTUCKY.... not Delaware. https://en.wikipedia.org/wiki/...

      --
      Fascism: An authoritarian and nationalistic right-wing system of government and social organization. See also: NAZI's
  49. Remember the Constitution??? by SwashbucklingCowboy · · Score: 1

    Isn't it funny how Republicans love to extol the virtues of the Constitution and freedom and then go around and restrict freedom and violate the Constituion.

    1. Re:Remember the Constitution??? by Anonymous Coward · · Score: 1

      Rep John Carney is a Democrat.

    2. Re:Remember the Constitution??? by meglon · · Score: 1
      --
      Fascism: An authoritarian and nationalistic right-wing system of government and social organization. See also: NAZI's
  50. So long as it is labelled correctly it's KOSHER by Anonymous Coward · · Score: 0

    As with horsemeat, or dogmeat for you Koreans, it must be labelled as such. If your local butcher has a call for humanmeat, in the form of deadbodymeat otherwise wasted, it is legal in all 48 contiguous states. Alaska it's being done now. Ans Hawaii, well, I won't talk about Hawaii, but let's just say, you have a wee-little chance of being a Tourista, just like in the movie. These are undisputed facts.

  51. Re:it's a cultural problem, unfixable via tech or by Anonymous Coward · · Score: 0

    Yea but how else are people who are miserable in their own lives going to get some level of validation? Other people just come second to that.

    "Look at this crazy thing that came into my life!"

    Sounds like my Homeowners Association... Them people are cray cray...

  52. May not be unconsitutional by subanark · · Score: 1

    The bill is aimed at videos. You are still free to report any event in writing using your favorite blogging service. Your right to express your opinion is not hindered. In many cases video taping a court room trial is not allowed, so you see painted images of the court room instead on the news.
    What the question should be is: Is evidence protected under the first amendment?

    Videos are a stronger form of evidence than someone written summary of an event. They are harder to fabricate and easier to detect frauds.

    1. Re:May not be unconsitutional by mysidia · · Score: 1

      In many cases video taping a court room trial is not allowed

      Courtrooms are closed proceedings done in a controlled area under strict rules. You don't have free speech rights in court regarding the proceedings of another person's trial; you cannot make distracting speeches in the courtroom either. It's not that you can't video what you want in order to make your desired expression: No video recording or distracting behavior at all is allowed.

      Also, the judge may strike certain things from the record, or seal certain records, and prohibit attendees from even discussing certain things out of court.

      Sometimes it's important to allow the jurors to view certain materials that are sensitive, and the jury may be allowed to see them, but the closed nature of the proceeding is used to protect the safety or reputation of a witness, for example.

      What the question should be is: Is evidence protected under the first amendment?

      Yes, it is protected. It is not within the wherewithal or legal authority of the state to restrict your right to use recording devices in public.

      You have a 1st amendment right to the expression, and displaying video is a form of expression. Banning you from making a video or audio recording to document what you have witnessed and allow you to express that in the desired format would be a prior restraint on free speech.

  53. Not right? by mysidia · · Score: 1

    "There have been times we've been pulling bodies out of cars and these people are standing there, snapping pictures on their phones to post on Facebook. It's just not right."

    News reporters would be doing the same thing. Snapping pictures to use in their headlines. What is the actual ethical problem with this behavior?

    If you're concerned about people getting in the way of rescue efforts, then make it illegal to interfere with rescue efforts.

    If you are concerned with people taking pictures, when they should be providing meaningful assistance --- then make a law requiring people to stop what they are doing and render aid, or walk away slowly and directly to a minimum distance of 100 feet of the injury incident, if not intending to assist.

  54. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  55. Do as I say, not as I do. by Anonymous Coward · · Score: 0

    Its mighty-fine-doubleplus-good-for-your-pro-tekt-shun we government employees and paid-for-news outlets do it. Just not you. You are just another pretend citizen journalist. Now get out of my shot citizen, cant you see you're blocking your publics view?

  56. Talk about first world problems by Anonymous Coward · · Score: 0

    That's what happens when lawmakers are bored and have too much time in their hands.

  57. Not literally trolling. I was replying to "tro by raymorris · · Score: 1

    You're right, of course, a troll says something ridiculous to draw attention and stimulate angry responses.

    This guy says something ridiculous to draw attention and stimulate responses.

    By stating upfront that his proposal isn't serious and he's using the concept to stimulate discussion, he's not really trolling. Anyone who read the summary knows it's not a law that's going to be passed, so anybody with a clue won't be posting an ANGRY response. I used the word (after first redefining it specifically in response to the following post:

    > With the low fine, and unconstitutionality, it seems like this rep is trolling us. How can he possibly be serious?

    The $20 fine etc (and his statement) does indeed indicate he's not serious about passing the bill into law. Therefore, according to the person I replied to, he must be "trolling".

      In other words ...
    That chili dog "kicked my ass".
    The lawmaker is trolled the citizens.

      The chili dot does not have feet, so it did not in fact kick anything. That chili dog caused bodily pain, as a kick in the ass would. The rep isn't literally trolling; he's making a ridiculous statement in order to draw attention and stimulate discussion, as a troll would.

  58. Re:it's a cultural problem, unfixable via tech or by WarlockD · · Score: 1

    This is a symptom of a deep cultural problem, and I don't think either law or technology is going to fix it. At best, it'll just be another "law nobody knows about" that can be used for selective enforcement.

    This need to post every microscopic facet of one's life to Facebook is rather sick, even under less tragic circumstances than a traffic accident. It's something that's badly broken about our narcissistic culture. It's bad enough when it's one's own private data, but when it involves some other human being who didn't agree, and in fact may have just suffered either the worst day of their life, or the last day of their life, it's even worse. It's a symptom of lack of empathy for other human beings.

    The only way I see to fix this is long term and cultural, not short term and legal.

    My grandfather recently told me this story. About 45 years ago he was saw an accident where the car hit something, flipped and had the occupant fly out, his head chopped off at the poll. He got out, picked up his 35mm camera and took a few shots. He came back to his car and drove off. This is not a "now" thing, People have been doing this since they have invented the camera. Hell, you see it in paintings from even before that. Any kind of long term solution means teaching everyone empathy. Considering the most exciting thing you can see when your in your teens is a dead guy and poking him with a stick, I doubt this will ever be solved.

    I am not a hypocrite though, I asked if he still had the pictures but he said he didn't because a friend used his camera before him and removed the film. Hence his lessen, "Always make sure you have film in your camera"

  59. That's Kentucky! by Anonymous Coward · · Score: 0

    Big hard-on for 2nd Amendment.

    Thinks 1st Amendment is a nuisance.

  60. Serious questions .... by Anonymous Coward · · Score: 0

    What problem will this legislation address?

  61. Counter: legislators submitting unconstitutional by rsborg · · Score: 1

    ...bills would be subject to a small fine of $200-$1000 and loss of their ability to submit or vote on any further legislation for a month.

    I wonder how that'd fly.

    --
    Make sure everyone's vote counts: Verified Voting
  62. morally wrong restriction by Anonymous Coward · · Score: 0

    Freedom of the speech is limited.

    You can't blast your stereo 24/7 and prevent your neighbor from sleeping.

    You can't scream fire in a movie theater.

    You can't tell someone you're going to kill or do bodily harm.

    You can't publish a report that says your company made $10B in profit, when it was really losing money.

    You can't publish a report that says your sugar and alcohol elixir is a cure for cancer.

    Your freedom of speech is highly limited already based on situation and the damage it can cause. Creating a law that prevents the publishing pictured based on an arbitrary time limit is not one of them. In addition; do you really want people who have no idea what the fuck they're doing putting their cameras away and going to help trained first responders?

    And posting information to social media involving an injury in an immediate manor actually does any harm unless the first responders are trying to hide something.

    1. Re:morally wrong restriction by dcw3 · · Score: 1

      Notice that each of those examples is in some way affecting the rights of someone else. Your rights end when they impede upon those of someone else.

      --
      Just another day in Paradise
    2. Re:morally wrong restriction by Anonymous Coward · · Score: 0

      You can't tell someone you're going to kill or do bodily harm.

      Actually yes, you can. So long as you don't act upon it, such as harming the person, pulling a weapon on, etc.

      Someone once threatened to cut me. He had something in his hand, but I couldn't make out what it was because it was dark. I called the police and when they arrived and I told them what had happened, they said it wasn't illegal. I point blank asked "So it's not illegal for someone to threaten to cut me?" and the police officer said "No. It's like if I said I'm going to beat you up." They said if I didn't actually SEE a knife or hadn't been harmed, that no crime had been committed.

      This was in California.

  63. "sending a message" by passing a restrictive law. by Ungrounded+Lightning · · Score: 1

    Representative John Carney says, "It's purely my intent to get a discussion going out there, asking people to be more respectful about what they put on social media."

    A lot of things qualify as "speech". Passing a law restricting behavior is not one of them.

    Legislators who pass laws to "send a message" or "start a conversation" are tyrannical and should be immediately recalled. (They're also using the wrong legislative mechanism. The correct one for "sending a message" is a non-binding resolution.)

    We've had some incidents, including one in my community, and I'd hate for anyone to learn about the loss of a loved one through social media."

    Tough. The First Amendment trumps feelings.

    For myself, I'd rather find out about a loved one's death quickly, even if it's by a media report, than wait for hours while some brasshat hunts me down to notify me "gently".

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  64. Re:it's a cultural problem, unfixable via tech or by thegarbz · · Score: 1

    It's bad enough when it's one's own private data, but when it involves some other human being who didn't agree, and in fact may have just suffered either the worst day of their life, or the last day of their life, it's even worse. It's a symptom of lack of empathy for other human beings.

    Is it? What's ultimately new about this? Facebook is a medium by which people communicate to other people. Are you telling me you wouldn't at the end of the day go home and talk to friends or family about your day and mention that someone died in front of you, or someone had a really shit day and got into a fight?

    Absolutely nothing at all has changed about the way we communicate and the things we communicate about. People are only now freaking out about it because the conversation is now in conference with a bunch of friends and relatives at the same time, rather than between two people in a room.

  65. Re:it's a cultural problem, unfixable via tech or by Anonymous Coward · · Score: 0

    ... be used for selective enforcement.

    Yeah, by the family that discovers a video of their loved ones dying among the LOL-catz photos.

    ... our narcissistic culture ...

    Greed can be a form of narcissism, so it's easy to go from proper greed to proper narcissism. That's a flaw in modern culture that cannot be argued or empathized away.

    ... long term and cultural ...

    Yeah, you best put that up there with revenge porn, sex tapes and sexting: All forms of invading a person's privacy to bolster one's sense of self-importance. I say sexting because unapproved distribution is still a big problem. We like perving on other people (or blaming other people) and the current culture accepts the internet-powered abuse which encourages further perving. Please get on your soapbox and demand people be nice, I need the entertainment. While you have everybody's attention, ask for world peace too.

    The second purpose of the law is changing behaviour. That's why countries are making revenge porn a crime. Oh, and because culture can't make people empathic or kind.

    ... lack of empathy ...

    About 15 years ago I did some traveling. I discovered that different cities had totally different idiosyncrasies: In one city, when many of its citizens stopped working, they chain-smoked. Nowadays, in a different city, I see people staring at their phone while riding the escalator or ignoring the adverts at the cinema. I wonder how much of phone addiction is caused by law (because smoking in public is nearly impossible) and how much because everybody else is doing it?

  66. This is a tricky one by silentcoder · · Score: 1

    The activity it seeks to prevent is indisputably despicable. The potential negative outcome is on people liveblogging events of genuine public interest and being prevented simply because somebody was injured (i.e. you would not be able to post say a video clip of police brutality for several hours).
    Then there is the fact that even a forced delay is censorship (mitigated by being very, very temporary but that is only a mitigation at best).

    I tend to think it would be much better to find a solution to this problem which is not legislative in nature... but I'm stumped as to what that might be ?

    --
    Unicode killed the ASCII-art *
    1. Re:This is a tricky one by oh_my_080980980 · · Score: 1

      What the hell is the problem Potsy? Someone sees an accident and posts a picture of it? That's a problem? It happens all the time. There's nothing ghoulish about it - it's what happened. What's next, no pictures of of a cop beating someone?

  67. Illegal by Anonymous Coward · · Score: 0

    You can't make a law that trumps a higher law. The very attempt makes this new law completely invalid from the moment of conception.

    Our right to exercise free speech is a higher law which trumps any lower law.

  68. All or nothing. No exclusions by houghi · · Score: 1

    Why are there some that are allowed to do so? Is a paramedic or police officer trained to know what can and can not be posted? Are they spokes persons? I doubt they are.

    And why the media? Please do tell me that if I film it and sell it to FoxNew, they can immediately show it to the world on their website, while I can not show the identical content on mine.
    What is the reason for that?

    It is not delay in security, because FoxNew can broadcast it life, as well as others. If it were unsafe, EVERYBODY should wait 1 hour.

    The danger would be the broadcasting, not the person doing the broadcasting.

    I am not even touching the subject if it will be a good idea. It is a bad idea from the start solely on the fact that some are and some are not allowed to do it. Remove that and we will talk if the idea in itself is good or not. Although I am sure that the media concerns will not go down easy. Because it would mean no life sports. (People get hurt there as well.) No life anything, because some people will get emotionally hurt.

    --
    Don't fight for your country, if your country does not fight for you.
  69. Waiting periods in KY by T.E.D. · · Score: 1

    In case you were wondering, yes Kentucky has no waiting period to buy handguns.

    If you want to express your thoughts immediately in KY, they prefer you do it with lead.

  70. Make a law - repeal a law by Anonymous Coward · · Score: 0

    What law would he like to have repealed to make room for this one.

  71. I am in the media! by Anonymous Coward · · Score: 0

    I'm a Yelp Reviewer!

  72. An hour by TheGrimmReaper · · Score: 1

    hour means you're just fine. Go figure.

  73. And this is a perfect example of why... by Anonymous Coward · · Score: 0

    ...in this current political race, "outsiders" like Donald Trump and Bernie Sanders are doing so well.

    Just maybe, people are getting sick of the crowd whose answer to every conceivable human problem, is more laws, more government, more police.

  74. Re:it's a cultural problem, unfixable via tech or by uninformedLuddite · · Score: 1

    "Look at this crazy thing that came into my life!"

    Like a sandwich?

    --
    The new right fascists are bilingual. They speak English and Bullshit.
  75. Re:"sending a message" by passing a restrictive la by Anonymous Coward · · Score: 0

    He did not pass a law. He drafted a mock-law (which he expressly stated he has no intention of getting passed) in order to start conversation about a topic.
    First amendment protected speech.