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Police seek powers to shut websites (94)

This post is on the BDSM Activism web board.

26 Nov 10, 8:50 PM
relaxed1
UK(BR), 6 yrs

Beau_Tox wrote:

So no specific limitations, controls over it, overseeing body, powers of redress/appeal then..? Just whatever is agreed between the ISP and the police. With potential ammendements/extensions not subject to any kind of judicial review or controls...

Er no. I'm not a lawyer, but it appears that judicial review "is the doctrine under which legislative and executive actions are subject to review, and possible invalidation, by the judiciary." (source: Wikipedia)

Since this would be an act by a non-governmental body, it wouldn't be subject to judicial review.

"We are all in the gutter, but some of us are looking up at the stars." - Oscar Wilde
"You should make a point of trying every experience once, excepting incest and folk dancing." - Sir Arnold Bax

26 Nov 10, 8:55 PM
Sirebel
UK, 5 yrs


relaxed1 wrote:
This is not a proposal for new or amended legislation:

"Ms Bradley [said] SOCA's proposal was the "very beginning of the process" to update Nominet's policies."

I read that as being the willing co-operation of the organisation controlling UK domain names with SOCA. If they redraft their policies along the lines of "all registrants accept that Nominet will act on requests from police agencies to revoke domains" then it will be a commercial enterprise operating its business according to terms to which all customers have to agree, if they want a UK domain name.

No legislation needed and action taken with or without the matter ever seeing the inside of a court room.

So are you saying it is ok for SOCA to decide who is allowed a uk domain name?

Now, if the article said that SOCA had requested legislation to have uk domain names removed from name servers on production of a warrant then I would have less objections.

No man is good enough to govern another man without that other's consent. Abraham Lincoln

26 Nov 10, 9:06 PM
SirLashleyS
UK(S), 5 yrs

Tanos wrote:
Enough police officers thought this was worth passing to the CPS in the hope of sending someone to prison: http://www.telegraph.co.uk/news/uknews/6918001/M...

So yes, this idea is rather worrying for sites that rely on a .uk name. Having said that, Google indexes sites pretty quickly, so this approach to censorship would be like nailing jelly.

:T:

Another point is that, in absence of evidence, certain officials (to justify long, fruitless investigation, or maybe pistoff at missing promotion, etc) WILL bust a gut in a huge effort to nail down innocent jelly. Proven by history. Whatever 'legislation' they need to turn to, guilty or not, you'd best bet your bare naked arse it's already in place. eg, on bdsm library.com - - you click (by accident, then click straight off from) an unwanted pop-up (young estonian page3 babes, or whatever) you could be renditioned, without being charged, to 18 months in estonian cell, as a supected paedo .

http://www.dailymail.co.uk/debate/article-133165...

Unlikely, we hopes, but don't doubt the bstrds can't do it.

The silky-smooth soothing voice of reason and logic. (You WILL feel much better and speak more sense while very securely tied-up...)

Edited 26 Nov 10, 9:26 PM by SirLashleyS

26 Nov 10, 9:16 PM
Greebo
UK(RH), 12 yrs
I'm surprised nobody has mentioned RIPA in this context, a classic case of laws created for one overt reason being subverted by official organisations (councils and the like) to cover their own agendas, with little or no control or recourse by the people they targetted.

Loosely worded laws, enacted without sufficient discussion, usually in response to some form of moral panic are one of the most dangerous threats to everyones liberty (kinky or 'nilla). Just because in the past our police force has policed by the consent of most of the people doesn't mean they will continue to do so (or to a degree do so at the moment, depending on your point of view).

While individually some (most/the vast majority depending on your preferences) of the police are sensible, fair and not likely to abuse their power, by giving them as a whole uncontrolled powers we leave ourselves as a society open to being abused by such powers.

"Greebo could, in fact, commit sexual harassment simply by sitting very quietly in the next room." "Maskerade", Sir Terry Pratchett

26 Nov 10, 9:19 PM
Sirebel
UK, 5 yrs


SirLashleyS wrote:
Tanos wrote:
Enough police officers thought this was worth passing to the CPS in the hope of sending someone to prison: http://www.telegraph.co.uk/news/uknews/6918001/M...

So yes, this idea is rather worrying for sites that rely on a .uk name. Having said that, Google indexes sites pretty quickly, so this approach to censorship would be like nailing jelly.

:T:

Another point is that, in absence of evidence, certain officials (to justify long, fruitless investigation, or maybe pistoff at missing promotion, etc) will bust a gut in an effort to nail down jelly. Proven by history. Whatever 'legislation' they need to turn to, guilty or not, you best bet your bare naked arse it's already in place.

Sorry, some trains of thought are just too funny. I agree, you could just keep registering your domain in other countries and the obvious one is the caymen islands. I look forward to logging on to www.informedconsent.ky.

ETA corrected stupid spelling error

No man is good enough to govern another man without that other's consent. Abraham Lincoln

Edited 26 Nov 10, 10:06 PM by Sirebel

26 Nov 10, 9:30 PM
Arbuthnot
UK(E), 7 yrs

praxissub wrote:
This appears to be a reaction to the recent closure attempts of www.fitwatch.org.uk by police powers. The most likely scenario is that police will use "criminality" as an excuse to target websites and information services which are critical of policing and law enforcement agencies.

And Fitwatch is a site monitoring criminal and other dubious activity BY the police.

The good news is that it was back up within hours. As someone else said, trying to close down a website is like nailing down jelly. It can be mirrored all over the place.

26 Nov 10, 9:38 PM
valleyrose17
UK(BS), 2 yrs
If someone gets a bee in their bonnet about potentially illegal activities whether they are bdsm related or anything else, and they legally have the power to intervene - then they will. We have seen all kinds of abuses of new police powers under various guises of the anti-terrorism act to curb human rights and a seemingly innocuous piece of legislation introduced now could take us by surprise later on.

This is NOT being paranoid - this is common sense. x

26 Nov 10, 9:47 PM
SirLashleyS
UK(S), 5 yrs

'Two' funny, sirebel? Where've you been hiding? This shit's already in place -

http://www.youtube.com/watch?v=VucstNtPy0Q&featu...

How many millions of innocent people must be assaulted/humiliated just to nail one crim?

The silky-smooth soothing voice of reason and logic. (You WILL feel much better and speak more sense while very securely tied-up...)

Edited 26 Nov 10, 9:53 PM by SirLashleyS

26 Nov 10, 9:52 PM
misunderstoodslave
UK(OL), 2 yrs
The threads on this board often appear to be wildly paranoid or wildly complacent.

This one is both.

While I thought it was just SOCA making a proposal that would require primary legislation, or at least a statutory instrument, I wasn't bothered. However, if, as @Relaxed1 suggests, they are merely doing a deal re the terms on which Nominet acts, without reference to a change in the law, I'm more concerned.

It is true that you can't control the internet, but that doesn't mean we shouldn't call the authorities on their attempts to do so.

Whoever mentioned RIPA is spot on. And don't forget stopping people taking pictures of buildings in central London on the basis of anti-terror laws which were never intended for the purpose.

I don't expect R v Brown to survive the next time these issues come up in court, and it may be a long time before they do, as the current DPP would be highly unlikely to sanction prosecution of such a case. But I don't fancy a trip to the Supreme Court to prove the point, and pity the poor bugger who makes that particular bit of legal history.

I generally have no problem with the police, or with SOCA, but if we let their powers grow we can't complain when they are used to the full, because it is inevitable, to the point of gross misuse. Vigilance is the price of freedom, to coin a cliche. Let's not forget.

26 Nov 10, 9:54 PM
BasicJ
7 yrs
OP: One misses the point.

The police may seek this. You or I may seem this. Any individual or body may seek this.. that is the freedom and the strangth of our society.

The police having authority to unilaterally make such a decsiion is the reverse.. and that is the completely different reality with which you seem to confuse this.

Perhaps shuttimg such sites as they sdesire is correct...others with that elected authority will decide.

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