Archive for the 'Online Rights' Category

A purer Web through litigation?

On the 17th August, 2Clix filed a statement of claim with  Queensland’s Supreme Court against Simon Wright, the founder of Whirlpool, a community Web site devoted to all things broadband in Australia, for allegedly allowing “false and malicious material” to be published on his site.

If you’re not familiar with the case, the Sydney Morning Herald has an overview: Firm sues forum to silence critics. (Pop unders – sorry.)

In his Web 2.0, blogs and litigation 2Clix report for Tech Talk Radio this week, Adam Turner suggests that if 2Clix wins this legal battle, it could have major ramifications; many site owners may decide it’s not worth the legal risk of letting users leave comments, and thus ultimately end the driving force behind the Internet revolution – interaction.

Adam also points out that Australia, unlike the US, does not have freedom of speech protection; pay attention to those three little words: “unlike the US.”

You see, right now, lawmakers in various countries are trying to make country specific rules and regulations for a medium that is global.  This can’t work.

Although I disagree with what 2Clix is doing, and they could have been smarter in their approach – see Matt Asay’s post The best way to silence one’s critics, their action is just one more reminder to law makers that technology and the law need to be upgraded, and that the Internet needs legal guru’s (and others) to stop thinking band aid, and start thinking global solutions.

To deal effectively with copyright, free speech, and malware, as well as all the sub elements these three issues present, law makers worldwide need to put together a task force that offers Internet guidelines on a global level, with room for movement on a country level.

And it will be people and companies like 2clix that will be the driving force behind a global Internet Interpol; regardless of whether they win or lose.

Lets say 2Clix win – what then?

Perhaps someone will create a site here in the States where Australian’s can to contribute their voice.

Will lawmakers find a way to gag the people of Australia  from commenting on sites in America?

Will they be even able to find the commenter given things like anonymizers?

The day will come where law makers world wide will realize the futility in working alone when dealing with all things Internet, and put together a team of researchers, legal eagles, government officials, technologists, Web enthusiasts and users, who will work towards getting rid of spam, malicious content, and plagiarism, and take us toward a purer Web – the Web that Tim-Berners Lee dreamed of…once upon a time…

Question for you:

How many court cases, how much money, and how much time will be spent before the powers that be recognize a need for an Internet Interpol and who will champion Australia’s effort?