Even those yanks with their Gitmo crap can get it right now and then… so how come us Brits consistently get it so wrong?

I got my monthly EFF newsletter email earlier today, and a couple of things caught my eye. Some pretty important stuff, so I’m gonna tell you about it here:

1. Appeals Court Upholds Constitutional Right Against Forced Decryption. Basically, the FBI seized laptops and disk drives of this guy, but couldn’t access the data thereon because it was encrypted with Truecrypt. A grand jury ordered the man to produce the unencrypted contents of the drives, but he refused, invoking his Fifth Amendment privilege against self-incrimination. The court held him in contempt and sent him to jail. But the EFF filed an amicus brief, arguing that the man had a valid Fifth Amendment privilege against self-incrimination, and that the government’s attempt to force him to decrypt the data was unconstitutional. The 11th U.S. Circuit Court of Appeals agreed, ruling that the act of decrypting data is testimonial and therefore protected by the Fifth Amendment. Score one for Freedom, right? Well, it’s good for the Americanos: but unfortunately, since 2007, the Regulation of Investigatory Powers Act in the UK (RIPA) has allowed a person to be compelled to reveal a decryption key. Refusal can earn someone a five-year jail term. How in hell can a country that keeps uncharged prisoners in Gitmo for over 10 years and gasses its own citizens on a regular basis embrace liberty better than us Brits? Please, answer me in Comments. It’s like that film Brazil, or a Franz Kafka story.

2. This one paints us Europeans in a better light (I say us Europeans, because unfortunately us Brits will do whatever America and the rich want us to do, including embarking on illegal wars that lead to the deaths of hundreds of thousands of civilians and leave Middle East countries unbelievably unstable and wrought with sickening sectarian violence). This particular happy story is about the European Court of Justice’s decision that

social networks cannot be required to monitor and filter their users’ communications to prevent copyright infringement of music and movies. The European Court of Justice (ECJ) found that imposing a broad filtering obligation on social networks would require active monitoring of users’ files in violation of EU law and could undermine citizens’ freedom of expression.

The ECJ found that forcing an ISP to install a filtering system that would identify and prevent its users from making available any potentially copyright infringing files would require “active observation” of the ISP’s users. Implementing such a system would fall afoul of the key principle in Article 15 of the EU e-Commerce Directive, which prohibits EU member states from imposing a general obligation on ISPs and hosting services to monitor information they transmit or store, or to actively seek facts or circumstances that indicate illegal activity.

The EFF note that the dreadfully-nigh ACTA, a wide-ranging treaty that will force laws on us in a backroom-dealing way that bypasses democracy, also seeks to make Article 15 meaningless. Will the ECJ decision affect at all the approaching behemoth? Or will our governments, all round the world, continue to obey the dictates of commerce rather than the wishes of their electorates? I think I know the answer already; but your Comments are, again, truly welcome.

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2 Responses to Even those yanks with their Gitmo crap can get it right now and then… so how come us Brits consistently get it so wrong?

  1. What a refreshing rant you have!!! I generally look at the article, and it is usually attributing fault to the opposing party of the author with unconscious ad hominem attack.

    Amazing that we still have to be imprisoned, even when it was obvious that offering any evidence that can be scrutinized by prosecutors is protected under the 5th amendment.

    We Yanks, used to chime the evils of USSR due to the treatment of Solzhenitsyn not that long ago, and then we had our own, Bobby Fisher the chess champ having to flee USA under a treaty with Greenland, to avoid imprisonment in the USA solely on “viewpoint” vindictive animus by the state dept for exerciszing free speach, under the fallacy first amendment.

    Most U.S. citizens are clueless to the Constitution. The 11th amendment, reinstated the sovereign power removed from our shores by the Revolutionary war. This story has been left out of our curriculum, and the only wat the find out about it is to trace the origins of the 11th amendment, and modern SCOTUS cases such as Bogan v. Scott-Harris 1998, which clearly states, (supreme court justices speaking) “we will not tolerate a citizen redressing a grievance.” For those who are unaware, the First amendment says citizens have a right to “redress a grievance.” Our declaration of Independence was not birthed out of lack of right to sue, but lack of justice in what was called “mock trials,’ or a “right inestimable and formidable to tyrants only.” So you see that we yanks run around the world killing other country citizens because we are told they suffer injustice. Yet we do this to preserve our bill of rights, which in essence is no longer valid, due to the interpretations of the Supreme court that made any attempt by the 11th amendment a futile attempt for justice.

    Recently Richard I fine was recently imprisoned after successfully suing 450 L.A. county judges for basically taking illegal bribes. One of the defendants put him in prison on contempt even though bias and conflict of interest was present, a violation of canon. The Judges California senate bill xb 111 made the illegal contributions retroactively legal by senate vote.

    USA is a bastion of scum sucking corruption, and we citizens can do nothing to stop it. Our two party system never campaigns to remove the 11th amendment, and our citizens do not know what it does. When you tell them they don’t believe you…Its uncanny…perhaps something in the McDonalds hamburger meat, we do not know! I jest but I can’t believe this is all done out in the open, and there is no objection or journalistic comment on this tyranny at all, except in blogs. Hopefully people will grasp the devastating affects of the “doctrine of immunity” the last frontier to overcome that humanity has before it for the final paradigm shift to reality of real justice.

  2. Ordenadores portatiles y monitores baratos…

    […]Even those yanks with their Gitmo crap can get it right now and then… so how come us Brits consistently get it so wrong? « I HATE HATE!!![…]…

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