Verizon First Amendment Challenge Of Net Neutrality Tests Century of Regulation | Bloomberg BNA: "In a landmark decision in 1994, the court concluded that even though cable operators are “conduits for the speech of others,” they nevertheless merit First Amendment protection.
But Benjamin said there is a stark difference between Turner Broadcasting and Verizon. One makes “substantively editorial” decisions about which speech to transmit, whereas the other does not, he said.
Benjamin argued in a paper titled “Transmitting, Editing, and Communicating: Determining What 'The Freedom of Speech’ Encompasses,” published in the Duke Law Journal in May 2011, that only an internet service provider that “explicitly provides a substantively edited internet experience” is considered a speaker under Turner.
Put another way, if Verizon always had “substantively edited the internet,” and customers understood that they were paying for a “substantively edited internet,” then the company would be protected by the First Amendment, according to Benjamin." 'via Blog this'
Wednesday, 30 January 2013
Press Freedom Index 2013 - Reporters Without Borders: "The situation is unchanged for much of the European Union. Sixteen of its members are still in the top 30. But the European model is unravelling. The bad legislation seen in 2011 continued, especially in Italy (57th, +4), where defamation has yet to be decriminalized and state agencies make dangerous use of gag laws. Hungary (56th, -16) is still paying the price of its repressive legislative reforms, which had a major impact on the way journalists work. But Greece’s dramatic fall (84th, -14) is even more disturbing. The social and professional environment for its journalists, who are exposed to public condemnation and violence from both extremist groups and the police, is disastrous." 'via Blog this'
Saturday, 26 January 2013
Obama Pursuing Leakers Sends Warning to Whistle-Blowers - Bloomberg: "Administration officials are far less forgiving of those who conduct unauthorized contacts with the press. “They want to destroy you personally,” said Thomas Drake, a senior National Security Agency employee prosecuted in 2010 by Obama’s Justice Department under the Espionage Act. The message to government workers seeking to expose waste, fraud and abuse is “see nothing, say nothing, don’t speak out -- otherwise we’ll hammer you,” he said." 'via Blog this'
Friday, 4 January 2013
Protecting fundamental freedoms, online and offline | The Elders: "many business leaders are taking major decisions on their own, often without a firm understanding of their impacts on human rights. To help mainstream respect for human rights in corporate decision-making, the European Commission has embarked on a project to develop guidance for three critical industry sectors, including information and communication technologies, which are so important in today’s world. My colleagues at the Institute for Human Rights and Business and Shift are working with the Commission to develop this guidance in order to give practical meaning to the UN Guiding Principles on Business and Human Rights, which were adopted in 2011." 'via Blog this'