The Government Censorship Machine Ready to Start?

Laura Boldrini, the leftwinger president of Italian Low Chamber (Camera dei deputati) has endorsed the settlement of a commission “for the Internet-related duty and rights”.

This commission is the tragical… sorry I meant “logical”, consequence of the dangerous “Internet Bill of Rights” campaign.

Given Boldrini’s attitude toward the Internet, ? I do hope that this commission wouldn’t turn into a trojan-horse ? to bash enterprise and individual rights.

The Danger of the New Crusaders and the Risk for the Medical Research

Repubblica.it, an Italian online newspaper, accounts for the cancellation of a fund-raising initiative to collect money for the research on rare disease. The cancellation has been motivated by the fear of riots provoked by animalist activists who object living animals to be used in medical research. This form of terrorism is a dangerous growing trend in Italy, and one of the reasons for this growing is that extreme animalism is not perceived as bad as its “political” sibling (thank to the support given by teen-agers oriented TV channels, politicians and artists.) I don’t see how the opinion of (former)models, self-professed experts with no impact-factor or citation-index or bloggers-on-a-mission should prevail over the facts stated by the major Italian research institution.

Anyway the consequence is that police authorities and the government aren’t taking seriously this issue letting activists to continue threatening the medical and biotech research in Italy. Of course I don’t claim that “every animalist is a terrorist” and I don’t want to enter into the semantics of both words. What I do not find fair is the justification for the use of violence in the name of an idea: the field of history is crossed by enormous rivers of blood because somebody bleieved to be absolutely right, thus taking the burden to “convert” those who disagreed.

As often happens in Italy, this is the result of the a confusion between “ethics” (that is a personal matter) and “law” (that is – or is supposed to be – a tool for balancing contradictory interests.) This confusion is likely to badly affects the feasibility of the scientific research in Italy. I still haven’t collected enough information about how big a disincentive this animalist threat is for the health companies who want to invest in Italy, but the very first hints don’t let imagine a bright future.

The Content Filtering Hysteria… again

According to the Italian online newspaper Repubblica.it, the UN-appointed expert Frank La Rue expressed concerns about the effect of an upcoming copyright-related regulation announced by the Autorità per le comunicazioni (AGCOM an independent, State-appointed body superseding the broadcast and telco secondary regulation) on of free-speech. AGCOM is trying since longtime to enforce the French HADOPI model in Italy to “fight copyright infringements”, pushing to self-assign the power to delete copyright infringing contents available on the Internet. With a rather while understandable (from a political standpoint) ? convoluted prose Mr. La Rue said what a lot of people is saying: copyright is not a “gold right” and has no title to be given ? an absolute stand over free speech and the other fundamental rights. But this is only a third of the story.

Second third: since, in Italy, copyright infringements are a criminal offense, only a magistrate can order both a content’s filter or removal. By letting the AGCOM act as a parallel “prosecutor and ? judge” would means to invade the attribution of the judiciary system and endanger the the “due process” principle.This is not allowed by the Constitution.

Third third: copyright doesn’t only belong to broadcast companies, music labels and movie producers. Every Internet user who publishes a photo, a movie, a song or a text has the right to not be stolen of its intellectual property. The AGCOM proposed regulation doesn’t address clearly this issue so only two options are possible: either the regulation only cares of the big companies and that would be non acceptable, or, on the contrary, will be open to protect everybody – i.e. will become useless, since there will likely be a tide of claim.

The end of the story is that, whatever the power belonging to AGCOM, it can’t invade the prerogative of the Court, notwithstanding the supporting opinion received by the AGCOM from some legal scholar maybe not much familiar with the intricacies of the Italian criminal procedural code.

 

Search Engines and the Hypocricy of Filtering

Another step toward the end of the Google’s “we’re just a neutral platform, ain’t nothing to do with those who publish illegal content” defense: according to The Register Google and Microsoft agreed to tweak its algorithms to prevent child-pornography-related searches.

This decision has two downfalls: the first is that in the upcoming trial it will be harder for a search-engine company to pledge innocent against the accusation of direct or contributory infringement since Google and Microsoft made deadly clear that it is actually possible to “handle” the way its engines work. The second is that by targeting the search engine result as a way to counter illegal content only stops the “casual” and final user, while the real criminal will stay free to spread their venom. In other word, focusing on content filter is just a PR stunt to lead Average Joe in believing that the Gov’s are doing fine, so no more “public scandal” ? on mainstream media will bother the Powers-that-be.

The criminals thank you all for the gift.

Street Photography, Right to be Alone and the Challenge of the Reasonable Privacy Expectation

Question: what does ? street-photography has in common with Google’s indictment in the Mosley suit?

Answer: both challenge the balance between reasonable privacy expectation and the right to be informed.

There is a widespread attitude acknowledged by some European courts – namely, Italy and France – that grants legal protection to this alleged “right to be forgotten”. This is a rather dangerous attitude because following this path leads to the deletion of the collective memory of a culture: if Catilina were alive today, he would have had merit in asking his conspiracy to be deleted by the chronicle. Agreed, not everybody is a Catilina – or a public person whatsoever – but there is a shared principle in Western legal systems that separates what is public and what ought to be private. As soon as something falls in the former, there is not – or ? there shouldn’t be – a reason to delete the information of its existence.

To provide an example of the absurdity of the enforcement of this alleged “right to be forgotten” on the freedom of (online) press I can quote a fact I’ve witnessed in person, professionaly. An online magazine has been targeted by a threatening letter from a law firm, asking to remove from its server an article talking about an acquittal – yes, acquittal – of a Mr. Somebody. The basis of the claim is not a falsity or an exaggeration – that would have been illegal, indeed – but the simple fact that this Mr. Somebody “didn’t like the news to be online.” Only the future will tell whether this case will end in settling new censorship’s standards, or if the Justice – once and if the issue will be taken in Court – will decide in favour of the freedom.

As per the relevant case law, after a couple of lower court decision that enforced this “right to be forgotten”, a Supreme Court decision ruled that there is no such thing as “right to be forgotten” when freedom of press is involved and the news is correct. The concerned person, nevertheless, has the right to ask the online newspaper to update the original news in case of some further development of the story.

With a rather unusual sense of balancement – when dealing with the Internet – the Supreme Court issued a reasonable decision that should stop any further attempt of erasing the History.