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Brad Fitzpatrick

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More Canadian Silliness [Oct. 27th, 2000|11:45 am]
Brad Fitzpatrick
Done with my linguistics midterm. Came back and found an email from a Canadian reporter requesting a quote. I replied (an hour after she sent it) ... I got back a reply saying she'd already written the article. Thanks.... gave me a whole hour to reply? Nice.

Anyway, check out the new article. This is my favorite part:
    Under Canada's hate crimes legislation, a website owner can be procecuted for posting hate materials either under the Criminal Code, or under federal or provincial human rights legislation.

    But without a direct link to Canada, it's tougher to prosecute a case. Fitzpatrick's Freevote.com is run on computers located in the United States and Fitzpatrick himself is an American.

    "There is hate crime legislation that is on the books in Canada and has been used to prosecute both online and offline . . . but there needs to be some tie to Canada," said Michael Geist, a professor at the University of Ottawa Law School specializing in Internet and electronic commerce law.
That's right.

I'm somewhat upset they quoted my livejournal in the article, though. They should've quoted some of the people's replies. I love how news reporters always try to make stories sound so much worse than they really are.

Oh, and on the same news site I found another example of how intolerant and easily offended Canada is... this article was right before the freevote.com article: Eminem raps in Toronto despite attemps to bar him. Quite pathetic, really. Why don't parents just ban their kids from going to the concert? Making laws for everything isn't the solution. Pathetic, pathetic.
LinkReply

Comments:
[User Picture]From: patrick
2000-10-27 11:56 am (UTC)

must resist canadian jokes for fear of being quoted in newspapers

this is craziness. these people seem to be going out of control with this issue. well, hopefully it will work out in the end. have you hired anyone for freevote?

also, have a good trip down to portland. you guys coming back tonight?
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[User Picture]From: bradfitz
2000-10-27 12:01 pm (UTC)

Re: must resist canadian jokes for fear of being quoted in newspapers

There are several people that want jobs, so it looks like things will be cool.

Yeah, Evan and I are leaving tonight at 9-10ish and coming back about the same time tomorrow night.
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[User Picture]From: seadawg
2000-10-27 12:11 pm (UTC)

Prosecute you?

By the sounds of that quote, it looks like the newspaper want to prosecute you, which I find practically impossible and cause for more bad than good. First, there is NO way Canada could hurt you. You don't control what countries citizens decide to log onto freevote. They expect you to put up a website and then ban everyone who isn't in America?

Second, this is exactly like Dre/Metallica and Napster. Somebody gets a creative idea, takes the initiative to put it into action, and make it successful. Then, somebody finds some reason they don't like, and start throwing stones. It is like saying not to come up with creative ideas, because you will get scolded.

This is all the media's doings. They are yelling for presecution of freevote, when really it is the parents responsibility to monitor or guide their kids, especially the ones who put the "who'd you like to rape" ones. If the ppl doing those aren't kids, then they can just be deleted and banned.

Just my $1.50. :) This stuff tends to tick me off. If you need more applicants for the job, I'd be interested.
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[User Picture]From: whitaker
2000-10-27 12:20 pm (UTC)
I love when the old lady is talking about is talking about the site not taking any responsibility for what is posted and only acting when complaints are made. Good to know they investigated far enough to know about the sophisticated screening system we have implemented. Also on that note, great to know that the parents are taking responsibility for their childrens' behavior. Heh.
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From: zerozephr
2000-10-27 12:57 pm (UTC)

Wow, what a load

What did they have for breakfast and who elimnated in it? This is just crazy, it's horse shit, specifically excrement that comes from horses.

I've always thought that Canada had quite a liberal way of looking at things, but no such luck I guess. Everything would be fine if these parents would stop blaming outside influences and start actually raising their children, wow what a concept, spending time with your own kids!

The site is great, no matter how people may abuse it, it's still great for those who use it for legitimate purposes. And calling your site a 'hate site' isn't fair either, I'm sure slander like that is illegal somewhere too. Hey, that's an idea, threaten them with slander.....
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From: (Anonymous)
2000-10-27 02:46 pm (UTC)

Re: Wow, what a load

Actually, if you threaten, you need to threaten with libel. Slander is spoken, libel is the written word. I'm not an expert on libel/slander or media law, but I do know that in 1992, the supreme court said that speech cannot be silenced on the basis of content(racial, religious, sexual). I don't know how much of a case you would have, especially since this has all taken place on the internet, but the rules of libel satte that the plaintiff must prove that the statement in question has been published, the plaintiff was identified, the statement is defamation, and the press is at fault. This may be jumping the gun a little, and they are American laws and not Canadian, but it's good info to know.
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[User Picture]From: isis
2000-10-28 10:42 am (UTC)

Re: Wow, what a load

As a Communication/Journalism major, I had to study libel and slander a bit.

Even in America, what they're doing would truly be quite difficult to be proven as libel, as it is. Also, libel cases take a long, long time, with little reward.

There are four points to be proven with libel/slander, at least in America.

You must prove that what was printed (or said, in the case of slander) was false and that the person/reporter who used the information knew it was false, yet still used it. Beyond that, actual malice was caused, usually of the monetary sort. (I feel like there's another thing, but I'm doing this from memory...)

Also, it can't be said that it will cause a monetary loss, but that it actually did result in one.

Example: Say a school newspaper prints that a student did something they did not do and that student is kicked out of the school, the loss of school does not make the student lose money. But, say it was a job that is lost, that would be a monetary loss.

Ahh, I'm sure I'm making less and less sense, as well as few would care. I'm just in the process of studying for my midterms and this is one of the issues that will likely be brought up. ;-)
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[User Picture]From: xmf42
2000-10-27 01:54 pm (UTC)
(Stupid) Big Brother is watching...

Once again shows that people who don't have a clue about something shouldn't be making decisions regarding about what they are so clearly oblivious about.
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[User Picture]From: steve
2000-10-27 02:49 pm (UTC)

Terms of Service

Hey Brad, I haven't checked out FreeVote's Terms of service agreement, however, this is something that is going into the LiveJournal one:

"SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside."

And really, you are not responsible for anything other people write on the site. Have there been any people in the U.S. writing your advertisers? If so, I think you can technically sue them for damages.
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[User Picture]From: orangecone
2000-10-27 03:09 pm (UTC)

media and pathetic parenting...

The media is the first to censor.

Parents don't keep their kids from going to things like that because it would require them to actually parent. We can't have that, now can we?

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[User Picture]From: unknownj
2000-10-27 03:21 pm (UTC)

Ha!

I'm sorry, but that really is silly beyond belief. I hesitate to say what I really think, lest Canada gets offended and tries to prosecute me for upsetting their messed up little sensibilities, but come on! This is the sort of hysterical blame-everybody-but-the-parents attitude that the media so loves throwing about everywhere. Since when could kids only find the stuff the Canadians are objecting to like that on freevote.com? That sort of material is available anywhere, and in far worse examples. The cost of freedom of speech is vigilance - you can't live in a free country which prohibits things that people might not like... Yeesh... Silly Canada...
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[User Picture]From: whitaker
2000-10-27 06:01 pm (UTC)

Re: Ha!

I ran across this "hate site" the other day... they allow ANYONE to get a free web-based email account and write letters containing sexual content, hate speech, whatever they want. And the scary part about it, is they could be sending this to YOUR mailbox. There are no restrictions! Obviously, a site like this needs to be shut down before any more harm is done...

Heh, I can't wait until they attach Hotmail and get Microsoft on their asses. :-)
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[User Picture]From: shuperstar
2000-10-27 08:48 pm (UTC)

*sniff*

it's only the stupid government and media...

please don't hate the rest of us Canadians :(
*sigh*

yea, I know we're silly at times, but aren't we *all* silly? :P
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From: ibrad
2000-11-03 08:15 pm (UTC)

Canada really sucks butt0x.

I sincerely hope that they can't do a thing to you, the uptight dumbasses.

BTW, LiveJournal is really fast (I think it's because you disabled the comments posted/received - that always took like 5 minutes to load for me on my cable modem, i wondered if it was a server hog).
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