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Hate on the Internet

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  1. Hate on the Internet Raphael Cohen-Almagor

  2. content mannerן Speaker’s intentions circumstances practical test speech

  3. “The present belongs to the struggle; the future belongs to us.”~ Che Guevera

  4. The Internet • The Internet Gave this Saying a New Meaning

  5. The Internet • The Internet contains the best products of humanity

  6. Ufff…

  7. Worse of Humanity Unfortunately, the Internet also contains the worse products of humanity: • Terror • Racism, Hate speech and Holocaust denial • Pornography • Crime-facilitating speech

  8. Terror

  9. September 11, 2001 September 11 could not have been conducted, in the form it was conducted, without the help of the Internet.

  10. September 11, 2001 • Members of Al Qaeda sent each other thousands of messages in a password-protected section of an extreme Islamic website • In the wake of September 11, Internet providers shut down several sites associated with Dr. Sheikh Abdullah Azzam, mentor of bin Laden

  11. Bio-terrorism and Hate • Alexander James Curtis, arrested in San Diego on charges of harassing civil rights leaders and vandalizing two synagogues, published an Internet guide in 2000 called "Biology for Aryans" that described the use of botulism, anthrax and typhoid for terror

  12. Use of Internet by Terrorists • Providing Information (Hebrew, English, other languages, according to the audience) • Seeking support • Recruitment • Planning of activities (Sept. 11) • Donations • Legitimacy • Creating Virtual Community • Cyber-terrorism

  13. Air Canada Old and New

  14. Racism • More than 60,000 racist and hateful sites

  15. From Speech to Action • Two Aryan supremacists, Benjamin Smith and Richard Baumhammers who in 1999 and 2000 respectively went on racially motivated shooting sprees after being exposed to Internet racial propaganda. Smith regularly visited the World Church of the Creator website, a notorious racist and hateful organization. • He said: "It wasn't really 'til I got on the Internet, read some literature of these groups that… it really all came together.“

  16. The Zundelsite • “Women Dined and Danced in Auschwitz” • No gas chambers ever existed • People died in WWII, some were Germans, some Jews

  17. Racism & Holocaust Denial • In Canada, the Zundelsite was shut down. Is law the appropriate way to fight against such speech? • Education? • What about accessing such material in libraries and schools? • The importance of historical context

  18. The Council of Europe • The Council of Europe has adopted a measure that would criminalize Internet hate speech, including hyperlinks to pages that contain offensive content. • The provision, which was passed in 2002 by the council's decision-making body (the Committee of Ministers), updates the 2001 European Convention on Cybercrime.

  19. The Council of Europe • Specifically, the amendment bans "any written material, any image or any other representation of ideas or theories, which advocates, promotes or incites hatred, discrimination or violence, against any individual or group of individuals, based on race, colour, descent or national or ethnic origin, as well as religion if used as pretext for any of these factors."

  20. American Boundaries • True Threats, intimidation • Incitement to murder • How the Internet is used to scare people? • Case law

  21. UNITED STATES v. BAKER University of Michigan student Jake Baker posts a story on alt.sex.stories website describing the torture, rape and murder of a woman in his dorm.

  22. U of M alum living in Russia finds story on daughter’s computer, alum contacts university officials. Investigation is launched. UNITED STATES v. BAKER University of Michigan student Jake Baker posts a story on alt.sex.stories website describing the torture, rape and murder of a woman in his dorm.

  23. U of M alum living in Russia finds story on daughter’s computer, alum contacts university officials. Investigation is launched. Officials discover email relationship with Al Gonda describing shared fantasy of sex and torture. UNITED STATES v. BAKER University of Michigan student Jake Baker posts a story on alt.sex.stories website describing the torture, rape and murder of a woman in his dorm.

  24. U of M alum living in Russia finds story on daughter’s computer, alum contacts university officials. Investigation is launched. Officials discover email relationship with Al Gonda describing shared fantasy of sex and torture. Jake Baker is arrested and charged with making threats to another U of M student. Baker spends 29 days in jail. UNITED STATES v. BAKER University of Michigan student Jake Baker posts a story on alt.sex.stories website describing the torture, rape and murder of a woman in his dorm.

  25. UNITED STATES v. BAKER The government charged Baker with five counts of violating 18 U.S.C. §875 (c) - Whoever transmits in interstate or foreign commerce and communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined under this title or imprisoned not more than five years, or both.

  26. USA v. Baker and Gonda • 2 to 1 decision for Baker: The essence of “True Threats””

  27. Boundaries • True Threats, intimidation • Malicious content, when it knowingly and intentionally communicates a credible threat will not be tolerated.

  28. Machado Date: Fri, 20 Sep 1996 10:58:55 -0700 From: "Mother Fucker (Hates Asians)" <mfucker@uci.edu> To: {recipient list omitted to protect privacy of individuals} Subject: FUck You Asian Shit Hey stupid fuckerAs you can see in the name, I hate Asians, including you. If it weren’t for asias [sic] at UCI, it would be a much more popular campus. You are responsible for ALL the crimes that occur on campus. YOU are responsible for the campus being all dirt. YOU ARE RESPONSIBLE. That’s why I want you and your stupid ass comrades to get the fuck out of UCI. IF you don’t I will hunt all of you down and Kill your stupid asses. Do you hear me? I personally will make it my life carreer [sic] to find and kill everyone one [sic] of you personally. OK?????? That’s how determined I am. Get the fuck out. Mother Fucker (Asian Hater)

  29. Shutting Down WebsitesJouhari v. Wilson • US Dept. of Housing & Urban Development, Jouhari and Pilar Horton v. Ryan Wilson and ALPHA HQ, July 19, 2000

  30. Jouhari • Next to Jouhari’s picture, the ALPHA HQ website stated, "Traitors like this should beware, for in our day, they will hung from the neck from the nearest tree or lamp post.“ • The website referred to Jouhari's daughter as "mongrel," listed various types of guns, information where to obtain various weapons, and provided a bomb recipe under the picture of Jouhari's office. http://www.hud.gov/utilities/intercept.cfm?/offices/oalj/cases/fha/pdf/wilson.pdf

  31. Jouhari • Wilson was charged by the Pennsylvania Commonwealth's Attorney General with threats, harassment, and ethnic intimidation. • The site was removed from the Internet, and the court issued an injunction against the defendant and his organization barring them from displaying certain messages on the Internet.

  32. Planned Parenthood v. American Coalition of Life Activists

  33. Legitimate v. Illegitimate Speech

  34. The Deadly Dozen

  35. The Nuremberg Files

  36. Shutting Down Websites

  37. Lacuna? • Can the same material be outlawed when it is published on paper, and allowed when it is on the Internet?

  38. Crime-facilitating Speech How to become a successful contractor? How to tempt kids to bed? Bomb making

  39. Both Horn and Perry are found guilty of charges against them. Paladin Press publishes the book “Hit Man” -1983 Lawrence Horn hires James Perry to kill Horn’s family so he may collect his disabled son’s $2million+ legal settlement Surviving family sues Paladin Press for aiding and abetting Perry and Horn in the triple murder RICE v. PALADIN ENTERPRISES

  40. Publication of books Should there be limits on books’ publication? Does the mode of publication make a difference? Addressing legal lacuna

  41. Bomb Making • On March 23, 1996, the Terrorist's Handbook was posted on the Web, including instructions on how to make a powerful bomb. • The same bomb was used in the Oklahoma City bombing. • Deputy Assistant Attorney General Robert Litt, of the U.S. Justice Department's Criminal Division, observed that only hours after the Oklahoma City bombing, someone posted on the Internet directions -- including a diagram -- explaining how to construct a bomb of the type that was used in that tragic act of terrorism. 

  42. Bomb Making • Another Internet posting offered not only information concerning how to build bombs, but also instructions as to how the device used in the Oklahoma City bombing could have been improved.

  43. Bomb making instructions • Pipe bombs are fairly easy to make, but you can also make them out of cars, trucks, stink bombs, mail, fuel-air, laser guided, fertilizer, molotov, dust, flour, pipe, M-80, you name it. You can make bombs out of all sorts of things, but I'm not going to tell you how. In fact, I haven't got a clue how, but that doesn't stop people from stopping by to ask. I used to have "bomb making instructions" as the title of my home page (even though I have no idea how to make bombs and never distributed such information). I just love salting search engines with titilating drivel. It was always interesting to crawl through the web log files looking for how many people followed links from search engines looking for bomb making information. There are sometimes a few government and news sites in the logs. More recently, I found entries for people from the following • Source: http://www.swcp.com/~mccurley/bomb_making.html

  44. Remedies • Education • Denying Legitimacy • Filters • ISPs Liability • Business Ban • International Cooperation: Working Group on Internet Governance • Legislation and Precedents • Controlling and Censoring the Internet • Removing Websites

  45. Internet Service Providers’ Liability • In 1998, Fairview Technology Centre Ltd., an Internet Service Provider (ISP) owned by a hate monger named Bernard Klatt whose server was located in Oliver, British Columbia and connected to the Internet via BC Telecom, was identified as a host of a number of websites associated with hate speech and neo-Nazi organizations, including the Toronto based Heritage Front, World Wide Church of the Creator, and the French Charlemagne Hammerhead Skinheads. • At the same time, Fairview Technology provided access to local businesses, government agencies and schools, making it extremely easy for young students to inadvertently access racist sites. • The materials were written in Lyon, a center for anti-Semitism in France, and transmitted to Fairview which put them on the Internet.