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[liberationtech] Independent UK Critic of NBC has Twitter account suspended after network complains

Lina Srivastava lina at linasrivastava.com
Tue Jul 31 08:48:48 PDT 2012


Bernard,
Even if NBC were claiming libel, it probably wouldn't fly. Defamation
requires the declaration of a false statement, and Adams would likely have
a fairly strong argument that the first part of his tweet is an opinion,
and the second part, the email address, is a fact.  We're fairly narrow
about defamation in the US because of the 1st Amendment. (Also, not sure
defamation would constitute a cybercrime in the US, as we tend to see it
largely as a civil matter-- a tort giving rise to damages, as opposed to a
crime. Cyber law would likely apply, though.)  This is a matter of privacy
and confidentiality, if the email address were considered to be
confidential, and rights of use.

Lina

On Tue, Jul 31, 2012 at 11:13 AM, Jillian C. York <jilliancyork at gmail.com>wrote:

> Bernard,
>
> Twitter's explanation was not that the statement was defamatory, but that
> Adams had *posted private information*.  The email address he posted,
> however, is not private: it is available on NBC.com.  That's the entire
> case.
>
> -Jillian
>
>
> On Tue, Jul 31, 2012 at 1:39 AM, Bernard Tyers - ei8fdb <ei8fdb at ei8fdb.org
> > wrote:
>
>> -----BEGIN PGP SIGNED MESSAGE-----
>> Hash: SHA1
>>
>>
>> (Slightly devil's advocate/contrarian POV)
>>
>> Interesting story, and Adams probably has a case but it never ceases to
>> amaze me when people disconnect their "real world" brains from their
>> "Internet" brains.
>>
>> I would be the first person to complain if someone's free-speech was
>> taken away, however, if Adams has said anything defamatory in his Twitter
>> stream, then he is still bound by "real world" laws.
>>
>> Just because I say something defamatory or libellous about person X on
>> the Internet, doesn't mean that *IF* it's found that a "real-world" legal
>> process cannot be executed.
>>
>> Most people using the Internet may not understand that, but I would have
>> expected journalists to understand it.
>>
>> Is it illegal to suspend someones services for naming an executive of a
>> media company for doing XYZ in the USA? I have no idea.
>>
>> If it is illegal, then people need to speak out against a ridiculously
>> brain-dead law.
>>
>> If it is not illegal, people need to complain to Twitter for freedom of
>> speech. Twitter need to rewind their equally brain-dead actions and
>> apologise to the guy.
>>
>> Now, if he has said nothing "illegal" on Twitter, then IMHO, fire up the
>> legal drones Guy. This I unfortunately have direct experience of. At this
>> point it becomes (certainly in parts of Europe) a case of "who's got the
>> bigger legal team".
>>
>> (My reasoning comes from Bruce Schneier's argument on laws specific to
>> "cybercrimes". To paraphrase "Prosecution can be difficult in cyberspace.
>> On one hand the crimes are the same.....The laws against certain practices,
>> complete with criminal justice infrastructure to enforce them, are already
>> in place....Fraud is fraud, whether it takes place over the US mail or the
>> Internet.")
>>
>>
>> On 31 Jul 2012, at 00:17, David Johnson wrote:
>>
>> >
>> >
>> http://sports.yahoo.com/news/olympics--critic-of-nbc-has-twitter-account-suspended-after-network-complains.html
>> >
>> > --
>> > David V. Johnson
>> > Web Editor
>> > Boston Review
>> > Website: http://www.bostonreview.net
>> >
>> > Twitter:
>> > http://twitter.com/BostonReview
>> > Tumblr: http://bostonreview.tumblr.com
>> >
>> > Cell: (917)903-3706
>> >
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>> - --------------------------------------
>> Bernard / bluboxthief / ei8fdb
>>
>> IO91XM / www.ei8fdb.org
>>
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>
>
>
> --
> *+1-857-891-4244 |** jilliancyork.com | @jilliancyork *
>
> "We must not be afraid of dreaming the seemingly impossible if we want the
> seemingly impossible to become a reality" - *Vaclav Havel*
>
>
>
>
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-- 
Lina Srivastava
--
linasrivastava.com  |  twitter <http://twitter.com/lksriv>  |
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