Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Thursday, 30 July 2009

Lit-bots and Comp-scripts: how the world is getting faster...

I saw this while on holiday published in the International Herald Tribune I was going to blog about it then decided not to becuase it was an isolated case, well I thought it was then I read this about half way down Ben describes this:

"Professional complaints followed in May, mostly about individual chiropractors’ claims. Then, in June, blogger Simon Perry found the BCA database of 1,029 members online, containing 400 website URLs. He wrote a quick computer program to automatically identify all the chiropractors in the UK claiming to treat colic, locate their local Trading Standards office, and report them (more than 500 in total) automatically, followed up with printed letters."

This made me look up. If you haven't read the links here is my main interest in these reasonable disparate stories: they both use simple bots within a legal framework to spam requests. Respectivly one spams buy orders (buy for 1cent more and get a lot of money) the other spams legal letters requests for investigation. This has been online for a while in the form of trawling take down letters, these are simple bots that look for things that may be copyrighted material posted illegally and then spam the ISP of the concerned website with cease and disist letters. My main interest in this is that this sort of thing will produce an arms race, already this is the case on the stock exchange where groups are trying to out do each other with faster systems and smarter algorithms, legally similar systems are likely to evolve: clouds of company bots that exist to absorb the flak of other's take down bots and simlar...

for more ideas read accelerando by charles stross

anyway just thought I'd flag that up as it interests me

Saturday, 18 July 2009

DNA databases, Charlie and Ben

This is going to be a pretty short post as there isn't much to add to this discussion other than what is said in these two reports: first Ben Goldacre on the bad evidence used to justify long term retention (ie 24 years retetion) of DNA data taken from those who are arrested but not convicted or cautioned. Second is this article by Charles Stross on the odds of being a false positive in a government database check (in this case CRB check and why he doesn't give school readings of his books).

The only thing really that I want to add to the debate on a database of our DNA etc run by the government is that the risk in terms of security of a database that will ultimately link ALL your information in one place if breached is pretty horrible. I'll briefly expand this: the DNA database would be likely allowed to expand (through ID cards etc) to cover everyone and be multi-use, ie your medical history would be there you NI number what ever. Even if this doesn't happen a single source of information would make identity theft a utterly crippling crime, especially as it would be most likely a random person who would be used to act as a patsy for someone else. Although this is less likely given the current technological state it is likely only a matter of time before the current DNA system starts leaking.

Friday, 19 June 2009

Sex, drugs and rock n' roll.

Well one out of three isn't bad. Here is a summary of some interesting reports on drug use. These interest me for a couple of reasons: I have tried various chemicals and enjoyed them; I have read (well skimmed) various government reports most of which go against the accepted wisdom that 'drugs are bad'; finally I have always wondered why people are so blind to the affects of alcohol/tobacco and so vocal on the affects of everything else.

While this is the age old argument there is VERY little reason why alcohol should be acceptable while cannabis or MDMA isn't. There are two reasons for my confusion; firstly while none of these drugs are safe (don't believe me look up liver failure from alcohol and permanent psychosis for cannabis) secondly I fail to see how most people don't realise this. I would expect it's from the propaganda that says drugs are bad you are hooked the instant one touches your lips (or vein or what ever) and that they will kill you in seconds.

It is this second point that depresses me the most; the double standards I can understand to a degree: people are comfortable with booze but the rest is strange and scary, fine. The second point though raises a much more dangerous truth: that we should lie utterly to children and ourselves. This isn't the science "this is mostly true but not everything" lying this is out right driving fear in to people's hearts to the point where those people who genuinely need help (ie addicts) cannot admit it most of the time because of the stigma and hence are denied what should be an avenue out for them. It also raises the worrying question of what else we let ourselves be feared into (ID cards anyone, net monitoring?)

This is a wonderful highlight of an endemic problem in our society: that expertise is no longer trusted, in any way. I'm not saying we shouldn't question what we are told be experts or anyone, but they are experts for a reason. The number of government policies that are created despite experts turning round and saying "what you planning is rubbish" is a sad indicator of something found at all levels of society.

I hope it ends soon...

Thursday, 18 June 2009

New news on old news I missed

This (yes one day I'll come up with a better start to these but until the bite me) is a worrying story. The reasoning behind a trial without jury is sound, the case had been seen three times previously and fallen through each time due to jury tampering. It still makes trial by judge alone a worrying situation especially in criminal cases.

While our current government (incompetent and rubbish as it is) probably wont start black bagging and trying without jury its the sort of law that means if someone is an arse at a future point there is worrying precedent, especially when combined with some of the other more interesting laws that have been passed in recent years.

More worrying news from the gov, this sort of stuff will most likely bite them in the arse as public backlash. Ironic though that a nominally left leaning centrist party has introduced so many laws and policies that look like they should be in 1984...

Friday, 12 June 2009

More joy from YouTube and the Discovery Institute

Two related videos today, both by the same person highlighting what will become an interesting problem online: the use of cease and desist notices to take down and censor content. This is nicely tied to another irritant of mine which is creationism (now going by the name of intelligent design). This is the sort of insidious anti-science that could set us back years if it gets accepted. Firstly ID explicitly relies on a none testable hypothesis: that at some point all of life was designed at a deep level. This can only be tested if they can prove that a biological is irreducible, that is that there is no way in which it could have been produced naturally, this in itself is the definition of supernatural.

Moving away from my loathing of ID the second part that is interesting is the use of law to smash websites; especially hosting sites like youtube. These sites have to comply quickly (I expect they use automated services) as failure to do so makes them liable BUT it does mean there is an easy was to remove content that you don't like.

Luckily the internet does not forgive and it does not forget.

Here are the vids, the first is the vid that was taken down the second is a vid about that act.


Friday, 5 June 2009

This, sign it, NOW

This is a petition on the Simon singh case - sign it.

Thursday, 21 May 2009

Weighing in (feather weight stylee) on Simon Singh..

For those of you haven't heard of this story click here otherwise keep reading (a copy of Simon's piece can be found here).

This is going to be pretty quick as I expect what I'm about to say has been said before by people much better at it that myself but here is my take.

Firstly Simon did say something a bit dumb.
You might think that modern chiropractors restrict themselves to treating back problems, but in fact they still possess some quite wacky ideas. The fundamentalists argue that they can cure anything. And even the more moderate chiropractors have ideas above their station. The British Chiropractic Association claims that their members can help treat children with colic, sleeping and feeding problems, frequent ear infections, asthma and prolonged crying, even though there is not a jot of evidence. This organisation is the respectable face of the chiropractic profession and yet it happily promotes bogus treatments.


That is not a statement to win friends. Equally though it doesn't deserve to be labeled libel. The piece is clearly comment/opinion to begin with and within the realms of comment/opinion the claim that there "is not a jot of evidence" should be reasonably permissible - the argument should be clearly that within the author's opinion there is no reputable evidence that supports the BCA's claims.

This isn't how the court has seen it.

In fact the court didn't even hear the case as the judge read a pre-written judgment as soon as the parties had said their piece.

This judgment was impressive in taking the case far beyond what was expected (even I expect by the BCA) in that by using the word "bogus" Simon supposedly meant that BCA made its claims with fore-knowledge that they were harmful (some of them are but I don't think many chiropractors believe this). That the BCA practices maliciously is clearly far more than Simon meant through the use of the word "bogus" (in fact I've never known it to have the connotation that something was maliciously false just false).

This case is terrible on two fronts - firstly it highlights some of the problems with libel rules, secondly it shows just how important good scientific reporting is and how hard it is to produce.

In terms of libel like a lot of the grayer areas of law its a very difficult thing to balance - too much on the side of the plaintiff and it becomes to write anything without either filling it with 'apparently's and 'maybe's or being sued. Too far the other way and you can say what you want with impunity.

Whats interesting about this in terms of the law though is it highlights the problem of online blogging. If Simon had initially published his piece as a blog would the reaction have been the same? whats going to happen when blogs start getting picked up and published by papers? Will it be libel in the country posted from? from the country its hosted? In the US blogs are protected speech and cannot be sued for libel. As more of our journalism is done from the net these sorts of problems will arise.

Moving on from the legal aspects (which I can only question as my law knowledge is pretty poor) the journalism aspect is even more interesting. This sort of case is a huge problem for scientific reporting. The bottom line is that this case represents a large group suing someone for being critical of their methods.

Scientifically Simon is reasonably well supported - there isn't much good evidence that chiropractic treats much other than bad backs. Saying that shouldn't get you sued. Even in a national paper - if there is a genuine scientific basis for a statement saying so shouldn't land you in trouble.

If we're being fair so long as you set it as opinion you should be allowed to say pretty much what you want. It doesn't work but it might encourage people to be a little more critical in their assessment of claims made by people. Libel laws are their to protect people from unfounded claims - unfortunately a lot of organisations know how to avoid them and a lot of individuals don't.

Monday, 27 April 2009

The anarchistic social experiment that is the internet

There's an interesting story here of a family in America who were very upset to find that photos of their daughter's death were available online. The girl had died in a car crash and some cops had taken photos as a cautionary tale which then escaped online.

I think there are a lot of interesting aspects to this story: firstly the wonderful way that pretty much all censorship attempts online eventually fail (google search for the images they're trying to ban they're still readily available), secondly how pretty much all legal systems fail online and finally how depressing how anarchistic (and deprived) the internet can be.

The first point I think is most simply shown here, a very daft woman on LBC radio said some very poorly thought out things about how taking MMR jab was optional because no one ever got those diseases any more. Ben Goldacre responded by posting the radio debate online as an example of truly poor science and got asked to removed it. Soon after the radio clip was available and talked about on more than 150 other blogs either in bits or as a whole. The internet doesn't like censorship - stop trying it on.

The legal aspect is interesting. Privacy is a right, but online you only have as much privacy as you protect yourself and that's not easy. This is especially true when something like /b/ decides to come after you (I won't link there its easy enough to find). Well I say 'decides'....

This comes down to something that pretty much all governments, people and organisations don't seem to have realised: the internet is anarchy. There is no law in any way, not yet and so sites like /b/ proliferate, not because people are suddenly worse online - just that they can relax and these sites become the ultimate games of dare - you can do what ever you can think of and type. Just every now and then someone is stupid and actually does it. The internet has brought out some truly nasty sides of people; but I hope this will fade.

The internet is still socially very young - people are still adapting to it in a social way and the anarchy is to be expected - sooner or later some form of law will emerge as will more of a social ethos, and no just because Facebook is a social site doesn't mean the internet has a social code or ethic - this will take a while to evolve.

Anyway moral of the story: nothing is private online so think before you upload other people's personal information (I think that the cops involved should face charges).

It's truly terrible what some people have done to the family. Emailing them with pictures from the crash scene is vile but I think their time would be better spent ignoring it.

Hopefully stories like this will be few and far between and hopefully people will learn from them.