[governance] China supports UK Internet Policy
Roland Perry
roland at internetpolicyagency.com
Mon Aug 22 07:08:30 EDT 2011
In message <4E520A2B.50002 at gmail.com>, at 10:50:03 on Mon, 22 Aug 2011,
Riaz K Tayob <riaz.tayob at gmail.com> writes
>
>On 2011/08/22 10:54 AM, Roland Perry wrote:
>> Exactly so, just as physical curfew does. That's why I think it's a
>>good analogy, and either form of curfew needs to be imposed only when
>>it's necessary and proportionate.
>
>Anticipatory shut downs (San Francisco metro), or lack of due process
>(Bush with telecoms operators) will need to be looked at with a
>different eye. Limits on speech and association are the rule,
>everything else is the exception and should be treated as such.
That's right. Which is why if there's a reasonable expectation of civil
disorder barricades will be put out on the streets. You don't wait until
the riot has started. But such things are indeed an exception.
>> ambivalent nature of technology
>> "You should see the other guy" is never a good justification for
>>one's own wrongdoing.
>That is not the point at all. The state has a responsibility to uphold
>freedoms and must intervene when necessary. Given that technology
>provides a number of options with which to "keep to the peace" the use
>of the nuclear option (curfew/blackout) would need to be carefully
>assessed, particularly that thinking about crimes are NOT crimes
>themselves. What happened in SanF recently is analogous to crimimal
>law's "death penalty" in terms of civil and political
>expression/association rights.
I think you are exaggerating, about SanF, blocking a few mobile phones
is nothing like a "death penalty". I'm sure that if there was a
reasonable expectation of an organised riot at a station they'd put
barricades across the door and instruct passing trains not to stop. I'm
not agreeing that in this particular case the right thing was done (I
don't think any of us have enough information to judge) but it's a
scenario where action might be reasonable in the right circumstances.
--
Roland Perry
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