[liberationtech] Independent UK Critic of NBC has Twitter account suspended after network complains
Bernard Tyers - ei8fdb
ei8fdb at ei8fdb.org
Tue Jul 31 13:36:44 PDT 2012
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Thanks for the link to the blogpost Jillian.
I didn't read through it all - I don't have to. They have no doubt used the usual BS language of "security", "trust", and "working to make sure this never happens again". I never believe any of this PR script that is trotted out by such companies when they've made a mess of things. It seems to happen again and again with no repercussions.
So the reasoning for removing his account was he published information which was "a not widely available e-mail address"? Hmm, I'm not sure how that e-mail address would communicate on the Internet!
Lina: By law, are e-mail addresses protected by privacy and confidentiality in the US? If they are can the recruitment agents who plague me on Linked-In please be told that? :)
Bernard.
On 31 Jul 2012, at 21:01, Jillian C. York wrote:
> Twitter has publicly apologized, though only for the fact that their employees notified NBC about the tweet: http://blog.twitter.com/2012/07/our-approach-to-trust-safety-and.html
>
> On Tue, Jul 31, 2012 at 8:48 AM, Lina Srivastava <lina at linasrivastava.com> wrote:
> 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:
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>
> (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
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> - --------------------------------------
> Bernard / bluboxthief / ei8fdb
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> IO91XM / www.ei8fdb.org
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> Lina Srivastava
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- --------------------------------------
Bernard / bluboxthief / ei8fdb
IO91XM / www.ei8fdb.org
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