Wednesday, February 01, 2012

Regulatory Czar wants to use copyright protection mechanisms to shut down "rumors and conspiracy theories"

But what if the rumors and theories are true? Cass Sunstein doesn't care, it would seem. Truth is not only no defence, it is not even to be tested in a court: The government just decides you are wrong and you get shut down.
This is a good time to remember the other activities that Obama’s “regulatory czar” Cass Sunstein wants to shut down using the tools of copyright protection. For a couple of years now, Sunstein has been advocating that the “notice and take down” model from copyright law should be used against rumors and conspiracy theories, “to achieve the optimal chilling effect.”

What kinds of conspiracy theories does Sunstein want to suppress by law? Here’s one: "… that the theory of global warming is a deliberate fraud." [From page 4 of Sunstein's 2008 "Conspiracy Theories" paper.]

At present, limits on speech are governed by libel law. For statements about public figures, libel requires not just that an accusation must be false, but that it must have been: "… made with ‘actual malice’—that is, with knowledge that it was false or with reckless disregard to whether it was false or not". [New York Times v. Sullivan, 1964]

The purpose of the “actual malice” standard is to leave wide latitude for errant statements, which free public debate obviously requires. Sunstein thinks that room-for error stuff is given too much weight. He’d like it to see errant statements expunged. From Sunstein’s 2009 book On Rumors (page 78): "On the Internet in particular, people might have a right to ‘notice and take down.’ [T]hose who run websites would be obliged to take down falsehoods upon notice."

Further, “propagators” would face a “liability to establish what is actually true” (ibid).

Source

12 comments:

Use the Name, Luke said...

This is PRECISELY the kind of "Ministry of Truth" garbage the First Amendment was intended to prevent. Humans make mistakes in identifying the truth all the time. The only effective means we have discovered to separate truth from falsehood is robust, honest debate.

Every time a "Ministry of Truth" approach has been taken in history, the result has been to suppress truth and spread lies.

This just more evidence that the current administration actually cares more about control than truth.

A. Levy said...

Luke, if there's one word that totally describes the main goal of the left, in everything they do and say, it's CONTROL.

If comrade Sunstein wants to shut down things like, "rumors, lies, and conspiracy theories", wouldn't that mean he's going to abolish the MSM?

I was not a big fan of Glen Beck, but in fairness, i must say this. He warned us about Sunstein (and many other leftists pushed by the administration) over two years ago. He predicted what this radical communist would do once put in a position of authority by the Marxist-in-Chief.

Sunstein has been doing a great deal of damage to this country, usually quietly and behind the scenes. Now he's becoming bolder and more out-in-the-open. Is it simply a peek at what's coming in the next four years if the American people, once again, choose to be weak, gullible, and stupid?

Anonymous said...

Forty or so years ago I worked with a radical leftist. He firmly believed we would be better off if our government controlled everything. In his words, "Government should tell us who can go to college, what job we will have, how many children we can have, when and where to go on vacations."

I never dreamed anyone espousing those beliefs could end up running the U.S., but here we are. Obama and his appointees obviously believe just as my former coworker.

IMHO these are people who are afraid of life, and to feel safe must either control everyone themselves, or have a parent figure who will protect them from life's risks.

Anonymous said...

Though I'm not a Constitutional Lawyer like some of our illustrious leaders, isn't what czar Sunstein proposing unconstitutional. Very strange for an administration trumpeted as "most transparent" would have this notion (sarcasm). Are we living in an Animal Farm (Orwell woud be proud)? Is our elected leader real job creating a bi-czar menagerie?

Dean said...

Drat! My hand twitched as I attempted to post the above and ended up with an anonymous 4:23 post.

Dean

Anonymous said...

Dean, too much wrist-action can have that result!
Btw. don't conservative christians look to a father figure (aka. God) to control their lives and give total direction?

Use the Name, Luke said...

don't conservative christians look to a father figure (aka. God) to control their lives and give total direction?

Some do, but that's not Biblical. The Bible teaches principles which we are to follow and encourages us to seek knowledge and understanding so we can make wise decisions. It does not teach the God makes every decision for, though some people think that it does.

Note: There special situations in the Bible where God gives specific instructions, but those are the exceptions, not the rule.

stinky said...

Feeling "nudged" yet, folks?

Go Away Bird said...

I wonder where that leftists is now annon 4:23? Perhaps running some collage somewhere on in the goverment

Dean said...

Use the Name:
Correct.

Some people do believe that God is in control of their life. I don't subscribe to that viewpoint.

I feel we are given a path that will lead to peace and happiness, then allowed to make our own choices.

If one asks for guidance, it is given but never forced.

Anonymous said...

Though I'm not a Constitutional Lawyer like some of our illustrious leaders, isn't what czar Sunstein proposing unconstitutional.

You would think so, especially since courts have struck down the acts similar to the "Stolen Valor Act" and in doing so have said lying is protected free speech.

In those cases, even though the lies were used to gain material good and position, courts have struck them down.

It is hard to see haw "lies and innuendos" where nothing of direct value is on the line is not protected speech.

Anonymous said...

Govern Ment literally translates to Control Mind ?

Is anyone surprised that for those attracted to governance, the truth of matters is of no consequence ?

While intent differentiates the nature of a legal offense, in government it accounts for no thing. Every one's 'truth' is personal..... apparently.

Governance and the control of money is likely to attract mental cases who are least fit to administer the public welfare.

For this reason minimal governance is best... The LAST thing we need is global government, but that is the goal of the current crop of mental cases who deem themselves leaders of Men.

The purpose of government is to Shit in your mind.