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ADL's Brian Marcus replies to Politech over hate crimes, Net-censorship [fs]
From: David Farber <dave () farber net>
Date: Mon, 26 Sep 2005 14:20:52 -0400
Begin forwarded message: From: Declan McCullagh <declan () well com> Date: September 26, 2005 2:10:50 PM EDT To: politech () politechbot comSubject: [Politech] ADL's Brian Marcus replies to Politech over hate crimes, Net-censorship [fs]
By way of background, here's a cogent argument against "hate crime" legislation:
http://www.cato.org/testimony/ct-tl051199.html Previous Politech message: http://www.politechbot.com/2005/09/26/defamation-league-criticized/ -Declan -------- Original Message --------Subject: RE: [Politech] Anti-Defamation League criticized for efforts to " curb" online speech it doesn't like [fs]
Date: Mon, 26 Sep 2005 13:48:33 -0400 From: Marcus, Brian <BMarcus () adl org> To: 'Declan McCullagh' <declan () well com> *Sigh* Nothing like having one's work misrepresented.Please see: http://www.adl.org/99hatecrime/intro.asp for an extensive piece
on ADL's reasons for our support of hate crime legislation.See also: http://www.adl.org/learn/hate_internet/default.asp for materials
on investigating hate crimes on the Internet. And to the point about the First Amendment - please see:http://www.adl.org/internet/internet_law1.asp and the speeches given at the
June 2004 OSCE meeting in Paris: http://www.adl.org/osce/default_osce_paris.aspWe believe that ISPs have the right to enforce their ToS and AUP when people violate them. We advocate NGOs, and in the European context there are some government-supported programs, contacting ISPs and hosts when their rules have apparently been violated so they can determine whether they would like
to continue to do business with, or allow a customer to utilize their service.It is pretty basic - most people seem to understand that when you sign up for hosting or access through your ISP you agree to abide by their rules. If a company says they will not host certain types of materials, or allow
you to use their service to transmit certain types of materials, and youagree to their rules - if you break those rules a company can choose to no
longer allow you to use their service. I advise your readers to look at these materials so they can betterunderstand that we are not trying to "destroy the First Amendment." And if
they can cut through the hyperbole evidenced below and read our positionthey can see we understand the nature of the Internet, the complexities of freedom of speech and respect that there are different approaches to online hate across the world. We do not believe in attempts to legislate hate out of existence, but do think that when hate motivates a crime there should be enhanced penalties, and that freedom of speech is vital but companies do not
have to host hatred. Brian Marcus Director of Internet Monitoring Civil Rights Division Anti-Defamation League 823 United Nations Plaza NY, NY 10017 bmarcus () adl org************************************************************************ ****
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- ADL's Brian Marcus replies to Politech over hate crimes, Net-censorship [fs] David Farber (Sep 26)