CyberLaw Blog

Archive for May 22nd, 2008

Engadget 22/05/2008 20:28

Well, it took longer than 15 days to reach a resolution, but apparently RIM is going to back down and allow the Indian government to monitor the Blackberry network in that country. What’s worse, it appears that RIM was more interested in covering its own ass than protecting user data during the negotiations: the only concession the company received from the Indian government was a promise that it won’t be held liable if there’s a leak of users’ personal information. Yeah, that ought to provide a sparkling incentive to keep things safe. There’s no word on when monitoring might begin, but we’ve got a feeling privacy-loving Indians might suddenly be in the market for a new smartphone.

(Via Engadget.)

The case for censoring hate: Mark Freiman, an expert on Canadian hate-speech law, defends Section 13(1) of the Canadian Human Rights Act, National Post Published: Wednesday, May 21, 2008

In 2002, Canada’s legal system finally began to catch up with Ernst Zundel. After twice thwarting prosecution under Canada’s Criminal Code, Zundel was tripped up by Section 13(1) of the Canadian Human Rights Act, which prohibits using the Internet for purposes of hate propaganda. As he tried to avoid complying with an order to shut down his Internet hate site, Zundel became enmeshed in a chain of events that led finally to a prison cell in Germany.

Facebook battles Google over access to user data: “Facebook has suspended the use of a Google service which allowed people to export their Facebook friends list to other websites, claiming that the Google service violates users’ privacy.”

(Via OUT-LAW News.)

Electronic Frontiers Australia decries money wasted on Internet Filtering: Thu 15-May-2008

See also http://nocleanfeed.com/

Electronic Frontiers Australia (EFA) today expressed its disappointment at the Federal Government’s decision to fund its mandatory ‘clean-feed’ Internet in the 2008-09 federal budget.

‘At a time when the Government is cutting services to fight inflation, it’s bewildering that they would decide to spend tens of millions of taxpayer dollars on a filter before feasibility trials are even complete,’ said EFA spokesman Colin Jacobs. ‘Given the manifest impracticality of the clean-feed scheme, I’m sure this money could have been put to much better use,’ he added.

(more…)

MySpace suicide case based on breach of terms and conditions: “A US woman has been found guilty of perpetrating an online hoax because she violated MySpace’s terms and conditions, potentially setting a precedent that a violation of contract terms could lead to criminal convictions.”

(Via OUT-LAW News.)

China dissident held ‘for criticising quake response’
Jonathan Watts in Beijing, The Guardian, Wednesday May 21 2008

Chinese police have detained a political dissident because of remarks he made about the government’s handling of the Sichuan earthquake, according to his family and supporters.

Guo Quan, the founder of the China Democracy party, was seized outside his home by seven or eight police officers four days ago. They searched his house and confiscated his computer.

‘They waited outside and caught him as he was taking our child to school,’ said his wife Li Jing.”

The following day, police officers told Li that her husband was being detained for at least 10 days because of false information he posted online.

It was unclear which comments upset the authorities. Guo has written a string of critical articles on the communist one-party political system. He was stripped of his professorial post at Nanjing university last year.

In the past week, he is said to have raised questions about the emergency services’ response to the quake and the safety of nuclear facilities in Sichuan. Fellow members of his small party believe his detention is connected to last week’s disaster.

“We think the authorities are taking revenge on Guo for remarks he made about disaster relief after the great Sichuan earthquake,” the group said in an online statement.

May 21st 2008: BBFC Launches Download Classification Scheme in Partnership with the Home Entertainment Industry

The BBFC’s widely recognised and trusted classification system is moving to the world of downloadable films, programmes and video games. The BBFC has worked closely with the home entertainment industry to develop this voluntary regulatory scheme that will bring the benefits of the DVD classification system to the world of downloads and the internet. Walt Disney Studios Home Entertainment Europe, Warner Bros. and 20th Century Fox have signed up and other key industry players, who have been involved in the development of BBFC.online, are poised to join the scheme.

Launched today, BBFC.online – as the new service is called – has been designed to give consumers the assurance they seek when choosing new media content. The scheme will see the BBFC’s famous ‘black card’, category symbols and Consumer Advice appearing on a wide range of ‘new media’ content, including video-on-demand and streamed video which is offered to the public through websites, set-top boxes and portable media devices.

There is currently little independent classification of downloadable or streaming video content, either on the internet or delivered by video-on-demand services and via set-top-boxes. This is in spite of independent research that indicates that 63 per cent of adults (74 per cent of parents) are concerned about downloading video material which does not come with independent content advice and labelling. In addition, 84 per cent of adults (91 per cent of parents) want to see BBFC film and DVD classification on downloadable/streaming films and other digital audiovisual content.

BBFC.online has been developed over the last 18 months, in close partnership with the video and new media industries and the British Video Association. There are already some 700 videos with ‘online certificates’ and this is likely to rise to about 1000 by the end of the month.

The major studios as well as e-tailers and VoD suppliers, are keen to ensure that online content is accompanied by clear and independent content information and age-restrictions using a system trusted by consumers.

The scheme will also require e-tailers and VoD services to have age verification or gate-keeping systems in place for parents to monitor and control underage viewing, and the effectiveness of these protocols will be monitored by the BBFC. Major e-tailers and VoD services are poised to join as soon as their services have been updated in accordance with the requirements of the scheme.

Speaking at the launch, David Cooke, Director of the BBFC said:
“We are extremely pleased to have been able to work with the video industry to develop a scheme that will give online consumers the same assurance that our symbols and content information provide for cinema films, DVDs and video games. I am particularly pleased by the support and commitment from the industry for this voluntary scheme. Consumers considering buying into the world of downloads will be able to rely on our familiar symbols and advice, to decide which films or video games are suitable for them and their children. They will also be assured that the film makers and download services in the scheme are keen to ensure their customers get genuine independent information about the digital films or games on offer.”

Culture Minister Margaret Hodge said:
“The introduction of the BBFC system for online film downloads will provide some welcome clarity for consumers, to help them gain greater confidence that their purchases are appropriate before they commit themselves. I hope to see more studios sign up to the scheme.”

Lavinia Carey, Director General of the British Video Association said:
“The online world is still an ‘open frontier’ and the industry is determined to get its own house in order with this new type of business. Our involvement and input into the development of BBFC.online has shown how seriously we take this. We chose to work with the BBFC because of the universal recognition of their system across the UK, and their commitment to supporting both consumers and the industry in making the most of the online world in a safe and recognisable environment.”

Anthony Peet, Managing Director of Walt Disney Studios Home Entertainment commented:
“WDSHE is delighted to show its support for this initiative. We believe it is important to ensure that content in the digital space is as clearly labelled and classified as that of a physical copy. This scheme offers users the reassurance on the legitimacy and appropriateness of the content they would like to enjoy. This is very positive step for the industry.”
Notes to Editors

1. The BBFC.online scheme includes console-style games which are supplied to the customer via download.
2. The research referred to is available on www.bbfc.co.uk entitled Downloading Classification Study February 2007 and was carried out by TNS.
3. The BBFC’s legal advice is that works supplied by ‘non-physical’ means (eg by streaming or download) are not covered by the Video Recordings Act 1984.
4. Membership of the Scheme is voluntary and by subscription and there is no cost to consumers.
5. BBFC.online is ‘Platform Neutral’ – it is designed to cover all forms of digital content delivery (eg web, set top boxes, hand-held devices and mobile phones).
6. BBFC.online complies with the self regulatory model advocated by ATVOD.

May 21st 2008: BBFC Download Classification Scheme to Include the Adult Industry

The BBFC’s widely recognised and understood classification system is moving to the world of downloadable films and will include the ‘R18’ category which covers explicit sex works. The first adult entertainment company to join the scheme is Strictly Broadband.

Launched today, BBFC.online – as the new service is called – covers the full range of BBFC classifications from ‘U’ through to ‘R18’. The scheme is designed to give consumers the assurance they seek when choosing new media content. This is particularly relevant in the area of sexually explicit adult content as the scheme will provide potential customers with guarantees that the content is legal, consensual and non-violent.

Membership of the scheme will also require e-tailers and VoD services to have age verification or gate-keeping systems in place to control underage viewing, and the effectiveness of these will be monitored by the BBFC.

Strictly Broadband has been an active partner during the development and testing of the scheme and is the first adult industry company to join. David Cooke, Director of the BBFC said:

“The Video Recordings Act does not cover the world of downloads so adult content that is not on video or DVD is subject to very little regulation. There are all sorts of potential problems associated with the downloading of sexually explicit material including the possible criminalisation of internet users who download extreme violent pornography, which the BBFC refuses to classify. Online material rated ‘R18’ by the BBFC will comply with the same guidelines and laws as apply to R’18’ videos and DVDs sold in licensed sex shops. Companies like Strictly Broadband that sign up to the BBFC.online scheme are sending a clear message to their potential customers that they are acting responsibly to ensure that their product is properly labelled and subject to effective gate-keeping measures. ”

Jerry Barnett, Managing Director of Strictly Broadband said:

“As the UK market leader in internet-streamed adult entertainment, we’re pleased to be founder members of the BBFC Online scheme. It has been difficult in the past for legitimate companies to sell adult video on the internet, as the law is far from clear in this area. We welcome the clarification that the new scheme will bring to the business, which will allow the further development of a strong and legal British adult entertainment industry, and give British consumers the ability to decide whether they are buying legal material or not.”
Notes for Editors

1. The BBFC’s legal advice is that works supplied by ‘non-physical’ means (eg by streaming or download) are not covered by the Video Recordings Act 1984.
2. Membership of the Scheme is voluntary and by subscription (£900 per annum) and there is no cost to consumers.
3. BBFC.online is ‘Platform Neutral’ – it is designed to cover all forms of digital content delivery (eg web, set top boxes, hand-helds mobile phones).
4. The Criminal Justice and Immigration Act has created a new offence of the possession of ‘extreme violent pornography’ – BBFC classified material is specifically excluded under this definition.

CoE Press Release: Towards a code of good practice on public participation, access to information and transparency in Internet governance

Strasbourg, 22.05.2008 – The Council of Europe, the UN Economic Commission for Europe (UNECE) and the Association for Progressive Communications will present a report on the concept and possible scope of a code of good practice on participation, access to information and transparency in Internet Governance, to be discussed at an open stakeholder consultation on Friday 23 May in Geneva.

The Code would ensure that all bodies which play a role in governing the Internet commit to transparency, public participation and access to information in their activities. The discussions will lay the groundwork for concrete recommendations at the 3rd United Nations Internet Governance Forum (3-6 December 2008, Hyderabad, India) to which the Council of Europe will make a significant contribution.

The report draws on the principles of the World Summit on the Information Society and the experience of the UNECE Aarhus Convention (which has established enforceable mechanisms for information and participation on environmental issues within Europe, the Caucasus and Central Asia). It is divided into three parts: part 1 describes the WSIS principles and the Aarhus Convention, and considers similarities and differences between the environmental and internet governance domains; part 2 explores some of the challenges involved in developing what might become an agreed information and participation approach in Internet governance; and part 3 suggests a process for developing these ideas ahead of the Hyderabad meeting.

The consultation will take place from 2 to 5 pm on Friday 23 May at the International Telecommunications Union Headquarters (Room C2).

The report is available at www.unece.org/env/pp/related.htm

Porn store loses film sex challenge | Herald Sun: “Porn store loses film sex challenge
Article from: AAP, By Nicolas Perpitch, May 21, 2008 04:07pm

AN online adult store has lost a legal challenge to Australia’s film classification system after arguing that most adults are no longer offended by seeing actual sex in movies.

The Federal Court today dismissed an appeal by Adultshop.com against an X rating given to the adult film Viva Erotica.

Adultshop.com had been fighting a legal battle for the movie to be given an R18+ rating, following a 2006 decision by the Classification Review Board to give Viva Erotica the more restrictive X18+ rating.

The application by Adultshop.com for a review of the board’s decision was unsuccessful and in November last year Federal Court Judge Peter Jacobson upheld the board’s ruling.

Today the full bench of the Federal Court dismissed Adultshop.com’s appeal against Justice Jacobson’s judgment.”