British PM Considers Social Network Censorship In The Wake Of London Riots

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d3v

LOL censorship in the so-called free world! Aren't you guys normally the ones invading other countries in the name of freedom?

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TerribleToaster

 

 

1. England hasn't "invaded" anyone in recent times, let alone "for freedom". I believe you were intending for this to be a shot at the US and you didn't realize that England is not a US state, but I know, all those Western countries are all so similar. Just like Japan and China are essentially the same thing, you'll be damned if you have to know the difference between the US and the UK before you post your inflammatory remarks.

 

2. As others have pointed out, this isn't really censorship. You can still say whatever you want, even on your online blog. What you can't do is use major social media services. It's a denial of service (just like when the police cut the power to a building that they are raiding for hostages), and one I don't see as wholly effective solution. But it's a far cry from censorship.

 

 

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MaximumMike

 

Facebook and Twitter are two of the most commonly used forms of transmitting information. I realize there are other mediums, but who are you to define what is an acceptable measure of censorship for me.

 

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TerribleToaster

 

It's not censorship, it's a blackout (which, depending on your views, may be considered much worse). Censorship would be them suppressing the publishing of anything having to do with rioting (regardless of the medium). Instead, they are just preventing people from using one medium entirely. What I’m trying to get across is that they are two different concepts.

 

What should be being discussed is the effectiveness of using a social media blackout as a tool to prevent the spread of rioting, not a citizen’s rights to free speech (rioting isn't covered under free speech, so it's not even a justification anyway). I personally think it would do more harm than good to shut down facebook and twitter in cases like this.

 

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MaximumMike

No, rioting isn't covered under freedom of speech. But it doesn't justify taking away a public forum for speech either. You say that a blackout and censorship aren't the same thing. But that's like saying that a Ferarri and an automobile aren't the same thing. Just because a Ferarri is an extreme, doesn't mean it isn't still an automobile. Supression of speech is censorship, by any credible definition. In several places you have suggested that just because there are other forums for speech, the closing of some doesn't constitute censorship. But a cut is a cut, whether it's a nick or an entire appendage. 

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TerribleToaster

In order for it to be censorship, it needs to have a bias. There is no bias, thus it is not censorship.

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MaximumMike

That's an interesting statement. It sounds nice at first, but it isn't so. The word "bias" carries such a negative connotation that we often forget that there is good bias. For instance, a newspaper may be biased against false statements. Don't scoff. There are newspapers, like The Onion, which are known for their falsities and half truths. The Onion thrives because of the prolific lies it tells. But converseley an encyclopedia has a good reason to be biased against falseties of any kind. The editorial staff of an encyclopedia must work hard to remove subjective and false statements from their publication. Infact, this is a good form of censorship. And although you don't typically think of bias and censorship in this sense, make no mistake that they are very real elements of what an encyclopedia does.

Likewise, the government also has a bias against the speech of those plotting riots. Now, you and I both agree that this is not protected speech. Where we differ is in the thought that it is ok to censor everyone's speech in order to censor the speech of criminals. You're trying to justify your position by pretending that this is not censorship. But you are mistaken on this point.

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TerribleToaster

I don't think any of us have problems dealing with the concept of bias, but I'll rephrase.

Censorship needs direction. This is why I call it a denial of service rather than a censoring. Because otherwise, what are they censoring? A service? Well that is basically the definition of a deinal of service, which is a much broader topic than freedom of speech.

"You're trying to justify your position by pretending that this is not censorship. But you are mistaken on this point."

You seem to be mistaken. My position is that the idea of shutting down facebook and the likes in this case is a terrible idea. However, my reasons for arriving at this conclusion are different. I do believe in freedom of speech and the right to use the internet however, neither of these are technically violated so there use to prove my position would be faulty.  One would have to argue that the ability to use facebook is an inalienable human right, which I don't think makes a strong argument (it's akin to saying everyone has a right to eat McDonalds). I reason that more could be done to contain rioting by keeping these public forums open and then actually censoring them and otherwise using them as a trap. Find rioters gathering on facebook and then go and arrest them. Not only does this make it easier to stop the spread of rioting, but it does not add an inconvenience to those who don't riot.

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MaximumMike

>>Censorship needs direction. This is why I call it a denial of service rather than a censoring. Because otherwise, what are they censoring? A service? Well that is basically the definition of a deinal of service, which is a much broader topic than freedom of speech.

A newspaper could just as easily be considered a service. Stop dodging the issue. How is this different from shutting down a major newspaper? Or do you think that the government shutting down a major newspaper would not be censorship?

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TerribleToaster

No, I don't (obiviously). I don't see how you can think shutting down a news service is the same as altering the actual news itself. There is no misinformation being spread to replace it nor is any news not being reported. Everyone would still hear what they heard before without the government in anyway altering what information was being spread, just how fast it can spread.

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MaximumMike

Here's an even better question. If there exists a written document and I forbid you access to it, is that censorship?

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MaximumMike

So if I understand you correctly, you think that censorship only happens if the message is altered in some way? If that's your position I think you have a pretty narrow understanding of censorship.

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Carlidan

I think you guys are pulling hairs. Is it a form of censorship. Maybe. But what Terrible Toaster is trying to say is  that their government is not censoring their free speech. They are just limiting it when it incities violence or any criminal acts. 

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blkpanthr

Shutting down the social networks temporarily is hardly censorship.  They arent telling you what you can and cant say.

You can still say whatever you want, just use another medium.

If they turned off your telephone, would you concider that cencorship?

again, no, but damn inconvenient...lol

 

 

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Nimrod

No by doing this have in fact decided that ALL speech is to be censored. It doesnt need to be selective. Not only that but its also a way to beta test the publics reaction to a total internet kill switch.

First its not ok for Iran to close down twitter. Then its ok for the UK to do it. Then if theres a government alert the entire internet needs to be shut down. I dont approve of that.

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TerribleToaster

 

There is a difference between shutting down twitter to stop violent rioting (that has no purpose other than to be violent) and shutting down twitter to stop protestors from being heard for expressing their beliefs.

Also, it is not a censorship of all speech. You can prove this by saying something with your mouth, out loud, to other people, possibly in front of a television camera or radio mike. Or by writing and publishing with a printed medium. Or writing and publishing with an electronic medium that isn't facebook or twitter. If you are able to do any of those, your ability to say whatever you want has not been damaged.

Also nice slippery slope with first twitter, then the internet.

 

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MaximumMike

I usually agree with you, but your argument that it isn't censorship of 'all' speech is a poor one. Would you be saying the same thing if they halted the printing of all newspapers, or even just the top three or four most popular and widely distributed ones? I'll tell you that if something like that had happened 50 years ago, there was no one in that time who wouldn't have considered it censorship. Twitter and Facebook are the main reasons that newspaper sales are in decline. The world has embraced a better and faster system of communication. I think its fair to say that shutting down Twitter and Facebook (and other social networking sites) would be very similar to a government shutting down newspapers 50 years ago.

Slippery slope arguments are generally bad, but they have value when there is a strong correlation to documented fact. Governments have trudged down the censorship slope before. Nazi Germany is a good example, and we could find many more from the history of oppressive regimes. Now I'm not saying that the social, political, and economic environment of England even resemble that of Nazi Germany, but censoring speech is certainly a step towards fostering it. Freedom of speech is recognized as an essential element of any successful society for a reason; and there is a reason people vehemently resist any effort by government to hinder it.

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blkpanthr

again, no one has impinged on anyones freedom of speech.  You may say whatever you want when you want.

Censorship requires, by deffinition, information "edited for content"  with bias where as denial of service applies to everyone unilaterally.  There is no bias.

All of your examples are of Edited/censored content, not denial of service and therefore not applicable to the current siutation.

 

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MaximumMike

Excuse me, but my first and primary example was of shutting down newspapers (perhaps you missed that). There is no editing involved in shutting down a newspaper, and it's as similar to to the proposed shutdowns of Facebook and Twitter as it gets. I realize that you and Toaster are "saying" that this doesn't constitute censorship, but it does. There are few people who would not recognize the closing of a public forum for speech by the government as censorship. Your definition of censorship is a bad one, curtailed to your argument. You don't win arguments by claiming that YOUR definition of a common word is the only acceptable one. But it makes little difference whether you want to make it a "censorship" issue or a "blackout" issue. It's still an issue of freedom of speech. Similar arguments to the ones you're using could be (and often are) made about gun rights. I'm in no more favor of taking away guns than I am of taking away speech.

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blkpanthr

As stated before, i disagree

No one is taking away your ability to speak freely, only the medium in which you do so.  There are many, many, others.

There is no "Human Right" to facebook or twitter, or as some people would like to believe, the internet in general, its just a technological outlet.

If a public location was used to incite violence and insurection, they would close that location to the public.  Its exactly the same here.  No one is taking away your right to speak.

In the US, you are required to have a permit for that kind of stuff.  No permit, no public gathering.

Does that contitute censorship?

I think not.

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MaximumMike

>>No one is taking away your ability to speak freely, only the medium in which you do so.  There are many, many, others.

Wow, you and toaster have made this same assertion more times than I can count. Asserting that taking away a medium for speech isn't the same thing as censorship wasn't true the first time you tried it. I just checked and its still not true. Kindly visit the definition of insanity. 

 

>>There is no "Human Right" to facebook or twitter, or as some people would like to believe, the internet in general, its just a technological outlet.

In your own context, there is no "Human Right" to a newspaper either. Unfortunately, your context is wrong. I'm not big on the philosophy of "human rights," or on the UN either. But the two are like jam and bread. If you're going to talk human rights, you probably ought to see what the UN has to say on the matter. So, feast your eyes on this. http://www.theatlanticwire.com/technology/2011/06/united-nations-wikileaks-internet-human-rights/38526/

 

>>If a public location was used to incite violence and insurection, they would close that location to the public.  Its exactly the same here.  

No, its not "exactly the same here". First, Facebook and Twitter are not "public location[s]". Second, the riots are taking place in real, physical, public locations. So, yes those real, physical places would need to be closed. But again, Facebook and Twitter are not physical locations. They are a means of communication, a tool. They are subject to the rules of tools, not those of physical locations. If someone is abusing a tool, you take it away from that person, but you don't ban its use for everyone. When that tool is one of the most popular platforms for speech on the planet, that goes doubly. 

 

>>No one is taking away your right to speak.

This is really just the same assertion you've been regurgitating, and really one of only two with any substance, however little there may be. You are again trying to purvey the thought that because I am allowed to speak in other forums no form of censorship has taken place. Infact, this particular sentence implies that as long as I am allowed to speak there has not been any censorship, in which case censorship can only happen if I am entirely forbidden to speak. This goes in stark contrast to your previous statement that censorship only happens when there is some kind of editing, but that an entire blackout isn't censorship. You have championed logic by asserting that two mutually exclusive statements may be true at the same time.

 

 >>In the US, you are required to have a permit for that kind of stuff.  No permit, no public gathering.

Yup, you got that one right. Got my Facebook and Twitter permits right here. My Google+ permit hasn't come in yet, but that's ok because I'm still in the provisory period and Google is good about making sure those get processed in a timely manner. Heck, my Yahoo messenger permit is even still good. My AIM and ICQ permits expired last year, but that's ok because I wasn't really using them anymore anyway.

 

I know we're having a hard time coming to an agreement on what does and does not constitute censorship, so I'm thinking we should ask an unbiased outside source, someone with credibility. Let's say a professional writer for an established and respected magazine. I'm casting my vote on Brad Chacos at Maximum PC. Let's see what he has to say. Oh, wait a minute. There it is in the headline of the very article we've been reading. Brad Chacos, a professional writer, thinks that the very thing we've been discussing is censorship. How about that.

At this point, there is no logical reason for you to believe that this isn't a form of censorship other than that you simply want to believe that way. If the conversation to this point is to be any indication, I could sit here and present you sound logic all day, and you would simply find new ways to say the same thing. So, we'll have to agree to disagree. Good day.

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TerribleToaster

 

"Wow, you and toaster have made this same assertion more times than I can count. Asserting that taking away a medium for speech isn't the same thing as censorship wasn't true the first time you tried it. I just checked and its still not true. Kindly visit the definition of insanity. " 

Wow, you and others have made this same assertion more times than I can count. Asserting that taking away a medium for speech is the same thing as censorship wasn't true the first time you tried it. I just checked and its still not true. Kindly visit the definition of insanity. 

"In your own context, there is no "Human Right" to a newspaper either. Unfortunately, your context is wrong. I'm not big on the philosophy of "human rights," or on the UN either. But the two are like jam and bread. If you're going to talk human rights, you probably ought to see what the UN has to say on the matter. So, feast your eyes on this. http://www.theatlanticwire.com/technology/2011/06/united-nations-wikileaks-internet-human-rights/38526/"

Twitter does not equal the internet. Twitter is a company and a sub service of the internet. Shutting down twitter does not suppress any persons ability to read information, post information, or do anything other than doing those actions on twitter. Does it hamper the ability to do these things? Yes. But you can still do them, so your right to the internet is not suppressed.

"No, its not "exactly the same here". First, Facebook and Twitter are not "public location[s]". Second, the riots are taking place in real, physical, public locations. So, yes those real, physical places would need to be closed. But again, Facebook and Twitter are not physical locations."

Facebook and Twitter are virtual public locations, thus they do fall under the category of a public location. Going on Facebook is no different that going to a public forum with the exception that one is physical and one is virtual They are also public locations where rioting was taking place as the rioters were on twitter and Facebook.

"They are a means of communication, a tool. They are subject to the rules of tools, not those of physical locations. If someone is abusing a tool, you take it away from that person, but you don't ban its use for everyone. When that tool is one of the most popular platforms for speech on the planet, that goes doubly. "

The internet is the tool/utility (that you have pointed out that the UN considers a human right to have) that allows you access to these locations.
 

"I know we're having a hard time coming to an agreement on what does and does not constitute censorship, so I'm thinking we should ask an unbiased outside source, someone with credibility. Let's say a professional writer for an established and respected magazine. I'm casting my vote on Brad Chacos at Maximum PC. Let's see what he has to say. Oh, wait a minute. There it is in the headline of the very article we've been reading. Brad Chacos, a professional writer, thinks that the very thing we've been discussing is censorship. How about that."

Cherry picking someone who already agrees with you as and labeling them as a third party does nothing to actually have a third party get involved.

Also argumentum ad verecundiam (argument from authority). Taking the opinion of one person who is an expert in the area in contention (and I question how being a professional journalist qualifies a person as a expert on legal manners such as censorship) as an answer is inherently false. You need a majority of legitimate experts in order to appeal to an authority.

"At this point, there is no logical reason for you to believe that this isn't a form of censorship other than that you simply want to believe that way."

At this point, there is no logical reason for you to believe that this is a form of censorship other than that you simply want to believe that way.

Mike, you have not posted anything which shows that this logically must be censorship (no examples, etc). Your sound logic has so far mostly consisted of simply saying "No, it's the same, [insert analogy]". That's not logic. Why is it censorship? Your ability to speak isn't suppressed. The only thing that is even truly hampered is your ability to gather large groups of people together, and that's only hampered, not suppressed (you can still do it).

"So, we'll have to agree to disagree."

It's not possible to arrive at a logical conclusion about a logical subject where two parties disagree unless there is a lack of vital information in one or both parties.

 If you don't want to contiune this debate because you find it upsetting or for any other reason, that is fine. But I will never agree to disagree on something that should have a logical conclusion.

 

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MaximumMike

>>Shutting down twitter does not suppress any persons ability to read information, post information, or do anything other than doing those actions on twitter. Does it hamper the ability to do these things? Yes. But you can still do them, so your right to the internet is not suppressed.

So, let me see if I understand you. Are you saying that limiting my speech is not censorship? Please don't argue that this doesn't limit my speech. As you yourself said, it, "hamper[s] the ability to do these things."

 

>>Facebook and Twitter are virtual public locations, thus they do fall under the category of a public location.

'Virtual,' being the key word here. I never denied that they were virtual locations. But as they don't have a physical element ( in the context of their location, I know that they have cables, hard drives, etc.), they are not prone to the same rules as physical locations. I cannot walk into Facebook and hit some guy over the head with a beer bottle and have the police show up at Facebook and drag me away. 

 

>>Going on Facebook is no different that going to a public forum with the exception that one is physical and one is virtual

 But there is a big difference- your exception.
 <nudges Toaster with a beer bottle>
See what I mean.

 

>>They are also public locations where rioting was taking place as the rioters were on twitter and Facebook.

No, the rioters were in the streets, breaking into property, looting, vandalizing, killing. They may have used a physical device at a physical location to access the internet, but that doesn't mean the riots took place on the internet. Let's suppose one of them had an Android device with a feed from the Weather Channel on it. Does that mean the riots took place at the Weather Channel? Certainly not. You will surely argue that the difference is that they didn't discuss their plans for rioting on the Weather Channel's website, but that these things did take place on Twitter and Facebook. And you would be correct in noting that difference. But what you must realize here is that what took place was "speech about rioting" which is not the same thing as "rioting itself".

Let's look at a different crime. Say I post on Facebook that I am going to go rob a bank. Then I go rob that bank. Did I rob the bank on the internet? No more so than if I had posted my plans in a newspaper. Now, lets say I pull up outside the bank with my aircard-enabled laptop and use the internet to hack the bank's security systems and unlock the vault. Then I go inside and rob the bank. Did I rob the bank on the internet? In a manner of speaking, yes. But more concisely, I used the internet as a tool to help me rob the bank. The robbery itself took place at the physical address of the bank. Now, lets use an analogy more similar to our current situation. Let's  say I used the internet solely for the purpose of discussing and organizing my bank robbery with the other thugs who would be helping me. Did I rob the bank on the internet? No, not any more so than I robbed the bank on my gun. 

I know that the internet can be a confusing subject because it can be used in so many ways. Many times we think of it in terms of physical locations because many aspects of the internet are like that. But other aspects are not like physical locations at all. Wolfram Alpha is a good example in my opinion. It's  more like a calculator on steroids. It helps when speaking about the internet to think in context. In this context, it does not make sense to refer to Facebook as a place, but as a utility.

 

>>The internet is the tool/utility (that you have pointed out that the UN considers a human right to have) that allows you access to these locations.

 We agree on this point, though it escapes me how this helps your argument.

 

>>Cherry picking someone who already agrees with you as and labeling them as a third party does nothing to actually have a third party get involved. 
Also argumentum ad verecundiam (argument from authority). 

You got me. Perhaps it was in poor taste, but this comment wasn't so much about the appeal to authority as it was about finding a sarcastic way to point out the fact the we were debating an aspect of the article that was a given in the first place. That being said, I acknowledge that Brad could be just as wrong as any of the rest of us. However, he is a professional writer and censorship is most assuredly a part of his daily duties. He must decide which stories are worth writing about and which are not, a form of censorship. As such, his opinions cannot be lightly discarded. If I were leaning entirely on Brad to prove my point you would be right in saying I was discredited. However, that does not mean that his opinions do not help to strengthen my position.

 

>>and I question how being a professional journalist qualifies a person as a expert on legal manners such as censorship

 The fact that we are discussing the legal status of blocking access to portions of the internet as censorship is news to me. In light of this revelation, all prior conversation can be thrown out the window, as it is all irrelevant. No one has cited a single source discussing the legal qualities of censorship. If this is to be the direction of the conversation, I will take my exit now. If I am to look to the government as an authority on censorship, then anything can be censored. All the government has to do is say that this type of activity does not qualify as censorship and that type of activity does not qualify. No thanks.

 

>>as an answer is inherently false. You need a majority of legitimate experts in order to appeal to an authority.

 Yes, if they are to be the final say on the issue. But if you have given ample evidence, not contingent on said authority, to demonstrate the factuality of your premise, then there is nothing wrong with noting that an expert also came to the same conclusion you did. But throw out the opinion of Brad Chacos if you like. It doesn't change anything.

 

>> Mike, you have not posted anything which shows that this logically must be censorship (no examples, etc).

Umm does logical reasoning qaulify? Also, I challenge you to reread my posts. They are rife with examples. But if examples are the criteria for disqualification, where are yours? Please show one example of something similar that was not qualified as censorship.

 

>>Your sound logic has so far mostly consisted of simply saying "No, it's the same, [insert analogy]". That's not logic.

Your over-simplification of my arguments does me no justice. I make no attempt to refute this statement as anyone can read my posts and see for himself that what you are saying is false. Also, said analogies are very reminiscent of said missing examples.

 

>>Why is it censorship? Your ability to speak isn't suppressed. The only thing that is even truly hampered is your ability to gather large groups of people together, and that's only hampered, not suppressed (you can still do it).

Oh, I see. We're not suppressing your speech, we're just "hampering" it, which is totally fine. How patronizing. How about the fact that many people use Facebook as a news source? And I'm not talking about the links to articles on news sites that get recycled on Facebook. I'm talking about people who use it to keep up with what is going on in their community and local circles. There is a ton of information of this nature that gets dissiminated on Facebook and Facebook only. It's not reposted anywhere else. People who read it don't have any other place to get it. That information is being suppressed. For you to deny this is an outright lie. The only thing you can even say at this point is that it is an unfortunate byproduct of the government's justified censorship of the looters. But weren't you just handing it to some guy for condoning the actions of LulzSec because he believed it served the greater good. But here you are saying pretty much the same thing.

 

>>If you don't want to contiune this debate because you find it upsetting or for any other reason, that is fine. But I will never agree to disagree on something that should have a logical conclusion.

If you want to be logical, then I'm sure we can continue, unless of course you insist on discussing the legal status of the topic. But that is contingent that you play nice. You accused me of cherry picking an authority, but you've cherry picked my statements and left out much of the meat, and then accused me of saying nothing. On several occasions I have drawn the comparison of shutting down Twitter and Facebook  to that of shutting down a major newspaper, criminal activity by the newspaper warranting its shutdown notwhithstanding. You have ignored this argument and others. So tell me, do you think it's ok for the government to shut down a major newspaper, like the NY Times, because it feels its in the public interest? Do you feel such an action would be a form of censorship?

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blkpanthr

" So tell me, do you think it's ok for the government to shut down a major newspaper, like the NY Times, because it feels its in the public interest? Do you feel such an action would be a form of censorship?"

no it would not, as they are not dictating what can and cannot be printed in that paper.

There are many other papers, and many other ways to recieve news.

They are doing exactly what you said: shutting down the paper in the public interest.

This is done all the time with businesses. 

Its called an Injunction.

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MaximumMike

The Supreme Court ruling in New York Times Co. v. United States (No. 1873) says that you are wrong. Try a better lie next time.

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blkpanthr

what has this to do with your original question?  Not even remotely the correect precedent.

in this case, the New York times was suing to publish what the goverment believed were sensitive pentagon materials.  The judge decided the US government  didnt meet the purden of proof.

what has this to do with shutting down an entire paper?  that was never mentioned in that case anywhere, nor was there any mention of public safety as was in your original question .

an injunction to cease all operations doesnt require a suit, or burden of proof.

please dont attempt to quote case law unless you know what you are doing.

 "Try a better lie next time."

argumentum ad hominem.....Lieing implies i am intentionally telling an untruth, therefore i must conclude this is a personal attack as an attempt to redirect the potential reader or myself.

lets try to keep the personal attacks to a minmum.  We dont want to turn this into one of Nimrod, or Holy Golightly's threads...

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MaximumMike

>>what has this to do with your original question?  Not even remotely the correect precedent.

Haha. Stop playing dumb. You know good and well what this has to do with it. If you don't, you should bail out of the conversation.

 

>>what has this to do with shutting down an entire paper?  that was never mentioned in that case anywhere, nor was there any mention of public safety as was in your original question .

This is relative because the United States sought an injunction against the NY Times and lost. If the Supreme Court is reluctant to grant a partial injunction in this case, you're going to have a hard time selling me that they would be willing to grant an injunction for a newspaper paper to cease all operations for a similar reason. 

Also, at the heart of this entire case were the issues of freedom of speech and censorship. This is relative because your original comment implied that issuing an injunction would not have constituted censorship. The Justices ruling on this case did not share that sentiment. Infact, at issue in this case was that of "prior restraint," which by deifinition is a form of censorship. So, there are certainly injunctions that are forms of censorship. So, you cannot assert that just because the government successfully gets an injunction it does not constitute censorship when some injunctions are proven to be censorship.

I'm sure you will now once again make your assertion that an injunction to cease all operations does not constitute censorship. But telling a newspaper, 'you can print nothing at all' is most certainly censorship. It is a complete supression of all speech by that paper. This flies in the face of the definition of censorship. How can it possibly not be censorship? You should at this point provide some proof for this position. Show me an example where a media outlet was shut down by the government, but it wasn't censorship.

 

>>nor was there any mention of public safety as was in your original question .

First, it was the stance of the United States in the case that the New York Times publication of the Pentagon Papers would endanger the public. That was the major premise of their argument. How can you claim to have read the case, but to not know that? 

Second, some of the ruling Justices ruled in favor of the NY Times even though they fully believed it would be harmful to the public. Here are some statements from Justice White's concurrence:

 "The Government's position is simply stated: the responsibility of the Executive for the conduct of the foreign affairs and or the security of the Nation is so basic that the President is entitled to an injunction against publication of a newspaper story whenever he can convince a court that the information to be revealed threatens "grave and irreparable" injury to the public interest..."

"Nor, after examining the materials the Government characterizes as the most sensitive and destructive, can I deny that revelation of these documents will do substantial damage to public interests. Indeed, I am confident that their disclosure will have that result. But I nevertheless agree that the United States has not satisfied the very heavy burden that it must meet to warrant an injunction against publication in these cases, at least in the absence of express and appropriately limited congressional authorization for prior restraints in circumstances such as these."

You obviously spent very little time reading the case. Why even bother with a response if you're too lazy to do your homework. Furthermore, how could you possibly believe the government could satisfy the "heavy burden" to warrant an injunction against Facebook because a small minority of people were using it to plot riots, when the Federal government already failed to obtain an injunction against a newspaper that was threatening to publish troop movements and the locations of military facilities?

 

>>an injunction to cease all operations doesnt require a suit, or burden of proof.

 Really, it's one vagrantly fallacious  statement after another with you, even when your statements are directly refuted by the very article you "claim" is unrelated to the subject. It's common practice that injunctions start with law suits. The suits may be later dropped once the injunction is issued, but the suit is initially filed nonetheless. It is a common practice in the corporate world to open a law suit just to get the injunction. If there is another method for obtaining an injunction please disclose it.

Furthermore, the burden of proof may be light in some scenarios, but that does not mean that there isn't one at all, or even that it is always light. Conversely, the burden of proof in the Aforementioned Supreme Court Case was described as a "very heavy burden". You're not going to be able to just issue a blanket dismissal of a Supreme Court Case. You need to offer some actual proof as to why you think the case with Facebook and Twitter would be different.

I'm not letting this one go. Prove this statement or admit you were wrong. I refuse to respond to you further until you prove this grossly fallacious statement. You cannot just make wild assertions of this nature with no proof. Either prove your statement or reverse your position.

 

>>argumentum ad hominem

 Not hardly. I offered a Supreme Court Case that stood in direct contradiction to your absurd position. I didn't need to insult your character to refute you. Furthermore, I called your statement a lie because I believed it to be one. This could have only been "argumentum ad hominem" if I had framed my argument like, "blkpanthr is a known liar. Therefore he is lying now." I merely called your statement a lie because I believed it to be one. That is not the same thing.

 

>>please dont attempt to quote case law unless you know what you are doing.

You might follow your own advice, as your understanding of the legal side of this issue has to this point proven to be far less than adequate. You also should not assume that when I post something as evidence of my position, I'm not prepared to back it up. At this point I have gone to some extent to show why I referenced this case and how it refutes your argument. Yet, your own statements show that you did not even have a clear understanding of the case when you rejected it. It's time for you to either get in this debate or get out of it.

 

>>Lieing implies i am intentionally telling an untruth, therefore i must conclude this is a personal attack as an attempt to redirect the potential reader or myself.

Well, your statements certainly make it seem that way. If you perceive that as a personal attack, I cannot really do anything about that. I have read enough of your writing to believe you are a man of decent intelligence. Yet, you are making absurd and unfounded assertions. Furthermore, you have provided no evidence whatsoever for some very grand claims which you are making from a position of authority. Your previous post was very obviously false. I must either conclude you are poorly informed or intentionally making false statements. I called it like I saw it. You maintain that you are not intentionally lying, fine.
 

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Carlidan

DAmn this was a great debate. I loved reading it. 

P.S. Mike, Your speech is limited to an extent. 

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MaximumMike

Really? I've been disappointed for the most part. However, I have hope that Toaster will bring something clever and challenging to the table some time in the first part of the week.

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blkpanthr

It was great, but, I dont have time to continue debates with people who resort to peronsal attacks, and refuse to acknowledge they have done so...in my experience, it shows they are not open to new ideas....... 

 

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MaximumMike

 

Well now, that's alot like crying, "I'm taking my ball and going home," now isn't it? Except on the internet, it's everyone's ball. So, you can go home, but you can't take the ball with you. Seriously though, if you want to leave that's fine with me. You have added very little to the debate and are showing zero signs that you intend to add anything more of value. I would prefer to concentrate on debating with Toaster anyway, as he seems up to the task.

 

However, I do think your last statement was insencere, and I'd like to say why. So first, let's examine a few choice morsels from your own mouth:

>>I would like to take this opportunuty to ask everyone to review all the comments and make your own conclutions as to the mental stability of "Nimrod" perhaps as the name suggests...

>>Now you know what a sociopath is.

>>Wow, have you taken your clueless pills today?

>>i suggest you look up Sociopath in the dictionary. 

All of these were taken from the same thread on the same day, less than a week ago. I doubt I would have any trouble finding more. You should stop pretending to take the moral high-ground. You're no patron saint yourself, and you have no problem whatsoever making personal attacks against others. Now, I'm not saying that some of these weren't warranted. Heck, I'm not even saying that I haven't made similar statements myself, because I have. But your obvious double standard is a little hypocritical don't you think? I mean you only seem to have a problem with personal attacks when you're on the receiving end.

Which brings me to my next point, your perceived offense. I called one statement of yours a lie and you say I'm attacking you personally. I explained to you why I felt the statement was a lie and that I wasn't attacking you personally. I even offered up that since you were mainitaining that you did not willfully lie that it was fine. I was ready to move on, you should have been as well.

Furthermore, even if I had been intentionally attacking you, that shouldn't have stopped you from presenting your ideas in a constructive and coherent manner. And I'll admit that I've goaded you a little, but what you're saying is outright stupid. You deserve it. I was trying to get you to elaborate on your ideas, defend them, say something logical. You SHOULD be able to do that. But you are yet to defend your postion or refute my arguments. Your input has been worthless and an embarassment. I'm personally disappointed, as I was hoping for so much more.

Infact, I even challenged you specifically on one point, insisting that you offer some proof. This would have been a good place to man up and add some value to the debate. Instead, you opted to dismiss my arguments by making some bad assumptions about my character, argumentum ad hominem at its finest.

 

Now, let's look at your bad assumption about my character, because this statement really baffles me logically:

"people who resort to peronsal attacks, and refuse to acknowledge they have done so...in my experience, it shows they are not open to new ideas"

First, you seem to be forgetting yourself here. Is this more hypocrisy? Or are you admitting that you are not open to new ideas and have no place in debates?

Second, how do you make this assumption? What about someone making a personal attack gives any indication to how they feel about new ideas? Hitler massacred millions of Jews. I'd say that's about as personal as an attack gets. Yet, research authorized under his command revolutionized medical science. There are alot of things you could say about Hitler, but that he was closed to new ideas isn't one of them. I could see if you came to the conclusion that these kinds of people are hard to deal with and irritating, or that they are immature and thus unworthy opponents. There would be some rationale there. But, "not open to new ideas," really? I'm sure these two things are connected in your mind somehow, but its baffling to me.

Furthermore, what's so great about "new ideas" in and of themselves. Some new ideas are very bad, and some old ideas are very good. I should be able to judge an idea based on its quality, not its newness. And there's nothing new about your idea of pretending that things that are infact censorship are not. Alduous Huxley and George Orwell explored this idea pretty thoroughly many years ago. They came to the conclusion that it was a bad idea. I concur. So, your idea is neither new nor good. Why again should I be open to it?

But if you had really wanted to know if I was open to new ideas, you could have deduced from the fact that I hang out on a tech site that I was. Or you could have asked.

 

Finally, if you do change your mind and decide to continue the debate please start by defending your statement that "an injunction to cease all operations doesnt require a suit, or burden of proof."  That's all.

 

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TerribleToaster

 

First off, it's Monday here. So when I tried to read through the replies that quickly seemed to evolve into speculation on the moral character of another person whom we know very little about, but the lack of caffeine is getting to me; so, in an effort to make this whole thing more palatable, I'll be pressing the reset button for 10 seconds and restating all my original thoughts on the issue into one concise(ier) post. I apologize if this strenuously repetitive, but it is necessary for me to collect my thoughts so I ask you to bear with it. I have a feeling that most of the controversy is derived from misunderstandings not in the argument itself, but on what is being argued.

 

 

 

In order for something to be censorship, it must alter information in a way to either changes or removes it's original and intended context.

I'll address two PoV's on this. One address a general view incorporating all media. And one assuming only Facebook/Twitter as the possible media.

 

First PoV: Shutting down Facebook/Twitter (I will now on refer to this as Twitbook) while other forums of media still exist as substitutes then the information is neither changed nor removed in its context. What is solely affect is the speed of dissemination of the information. But that is not censorship in any sense of the word, so this PoV ends here.

 

Second PoV: A Twitbook ban does not alter or remove information posted to Twitbook because it completely removes the service; hence, there is no information to be altered or removed in the first place. It's can be thought of as the difference between saying nothing and saying you have nothing to say. Now this is where I believe the problem is arising as people are calling this semantics with the point that "a denial of service" of Twitbook is "effectively censoring" Twitbook. This is not something I deny, nor do I think it is possible to deny it.

However, I find two faults with this. First is that removing Twitbook doesn't just effective censor it, it also removes the other services Twitbook provides (i.e. Farmville). Saying this is censorship does not do justice to the scale of what a denial of service actually accomplishes.

The other, possibly more pressing, fault that I find this (the "effectively censoring" reasoning) to be a moot point because it wouldn't hold any water if you presented this before a court, which is where (if they do shut down Twitbook) such an argument would end. Best way I can think of explaining is as an example. If your best friend was "effectively killed" when his/her spouse left them to be with their secret lover, you aren't going to take your friend's spouse to court for murder despite the fact that your friend is "effectively dead". It’s an incredibly weak argument.

 

That's why I don't argue against the Twitbook ban as "effectively censoring" free speech but rather I go after it's real and direct affects on their intentions (to curb how bad rioting can be). That while this will slow the speed at which the rioters organize (as shown in PoV 1) it will also make it disperse the information about how, where, when, and who are rioting that would normally be consolidated if Twitbook was still open resulting in a need for increased effort by law enforcement to have less of an effect. All the meanwhile it will inconvenience the regular non-rioting members of the Twitbook community.   

Basically the same complaints we have against DRM. Except instead of speeding more time and effort on not stopping pirates while inconveniencing a innocent group of people, they are spending more time and effort on not stopping rioters while inconveniencing a innocent group of people.

 

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MaximumMike

>>In order for something to be censorship, it must alter information in a way to either changes or removes it's original and intended context.

Ok, this is probably one of the key places where we disagree. Your definition of censorship is too narrow. If I deny you access to a document without ever changing its contents, that constitutes censorship. If not, then why are book burnings considered censorship?

 

>>Shutting down Facebook/Twitter (I will now on refer to this as Twitbook)

Why not add in YouTube just for kicks. Then we could call it YouTwitFace. I know that joke has already been widely circulated, but it's still funny.

 

>>while other forums of media still exist as substitutes then the information is neither changed nor removed in its context.

How is that exactly? My YouTWitFace posts aren't going to magically show up on MaximumPC. If someone wants access to them, they are S.O.L. Furthermore, If I am in the censored area, I would not even have access to my own posts in order to repost them somewhere else. That is censorship. 

 

>>What is solely affect is the speed of dissemination of the information. But that is not censorship in any sense of the word, so this PoV ends here.

Limiting the speed at which information can be obtained and passed on is certainly a form of censorship. I think you're being a little naive here.

 

>>First is that removing Twitbook doesn't just effective censor it, it also removes the other services Twitbook provides (i.e. Farmville). Saying this is censorship does not do justice to the scale of what a denial of service actually accomplishes.

Yes, but the scale of a nefarious deed mustn't necessarily be limited to one crime. I can indict you for several crimes for the same deed. I don't have to pick only one. This is a poor justification for not wanting to call censorship by its name.

 

>>A Twitbook ban does not alter or remove information posted to Twitbook because it completely removes the service; hence, there is no information to be altered or removed in the first place.

This is again reminiscient of book burnings. 

 

>>Now this is where I believe the problem is arising as people are calling this semantics with the point that "a denial of service" of Twitbook is "effectively censoring" Twitbook. This is not something I deny, nor do I think it is possible to deny it.

You really are playing semantics if you think you can get away with calling this "effective censoring," without admitting that it is censoring. If you believe there to be a differnece between these two concepts, then you need to concisely define that difference, and why it falls into the one category but not the other. As it is, I think you're back peddeling.

 

>>I find this (the "effectively censoring" reasoning) to be a moot point because it wouldn't hold any water if you presented this before a court, which is where (if they do shut down Twitbook) such an argument would end

I am more than sure that you have read through the existing thread for the most part. I doubt that you have missed the fact that I have already referenced a Supreme Court Case that says otherwise. You should have some convincing case law to back up this position. You should also thoroughly refute why the existing case would not apply. I promise you that if something like this actually happened in the US, YouTwitFace's lawyers will be referencing this case. Furthermore, even if the US government could win such a case (which is highly doubtful), this constitutes the difference between lawful censorship and unlawful censorship; but it does not change the fact that this is censorship. As has already been pointed out, they would need to obtain an injunction in order to shut down these services. The type of injunction they need is called "prior restraint," and was recognized by the Supreme Court as censorship.

 

>>If your best friend was "effectively killed"

I really have no idea what that means. Can he be "effectively killed" without being killed? Or is he still alive in some way? 

 

>>you aren't going to take your friend's spouse to court for murder despite the fact that your friend is "effectively dead"

I think I would have to be a family member or have some legal claim to my friend in the first place. Regardless, what does "effectively dead" mean? Is he dead or isn't he?

 

>>It’s an incredibly weak argument.

No, it's an incredibly weak analogy. Even if I understood it, it wouldn't change the fact of existing case law, which the United States would have to overcome if it sought an injunction against YouTwitFace.

 

>>it will also make it disperse the information about how, where, when, and who are rioting that would normally be consolidated if Twitbook was still open resulting in a need for increased effort by law enforcement to have less of an effect. All the meanwhile it will inconvenience the regular non-rioting members of the Twitbook community.   

Yes, these are good reasons why censorship is bad.

 

>>Basically the same complaints we have against DRM

DRM is a form of censorship. So, shouldn't you conclude that this is also censorship?

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TerribleToaster

 

"Ok, this is probably one of the key places where we disagree. Your definition of censorship is too narrow. If I deny you access to a document without ever changing its contents, that constitutes censorship." 

Denying access to a single set of document(s) constitutes a alteration of the available information (hence censorship), unless those documents are still (legally) available to the same set of people who it was denied through an alternate route at the same time of publication would have been in the original route.  

"If not, then why are book burnings considered censorship?"

You are altering the information by destroying it.

 

 But if this where you are disagreeing with me then the rest of what I've said (and subsequently, you've said in response to it) doesn't amount to anything useful to either of us. We'd both probably agree with another on all the subsequent points if we shared the same view on this one point as the rest stem from it in some form.  

So, in order focus in more on this point, I have three questions about this case (Note: these aren't "got ya" questions. Just trying to narrow down the issue a bit more).

1. What is the media being censored?

2. What is the methodology of the censoring?

3. What is the context for the censoring?

 

(If we can come to an agreement on these 3 questions, everything else should fall into place)

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MaximumMike

 

1. What is the media being censored?

Web pages are being censored. You may argue that several forms of media exist on a web page. However, they are all embedded in HTML. Thus, web pages are first and foremost written documents.

 

2. What is the methodology of the censoring?

That would be up to the censoring authority. Outside of the country of operation, the government would most likely filter all traffic based on the IP addresses of the censored web sites. Inside their country of operation (the US), the government would likely attempt to obtain an injunction to crease operations. 

 

3. What is the context for the censoring?

The context? Based on the above article, everything.

 

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TerribleToaster

 

I'm starting to see how wide a definition you are taking for censorship. I had originally assumed, based on your entirely negative portrayal of censorship, that you were taking the word solely in its negative context (as either a moral or legal crime) and were ignoring the use of censor in any positive way (for example, when MPC deletes spam posts).

Now I have no problems with what you think of for questions 1 (HTML documents) and 2 (content-control, which as an aside, the UK already does; look up "Cleanfeed"); however, "everything" is not a context for censorship. The "context for its censorship" is the purpose of the censorship. For example, is it political, religious, criminal, ideological, etc?

Basically, what is their rationale?

 

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MaximumMike

 

>>I had originally assumed, based on your entirely negative portrayal of censorship, that you were taking the word solely in its negative context (as either a moral or legal crime) and were ignoring the use of censor in any positive way (for example, when MPC deletes spam posts).

But I had given examples of this: one, with the encyclopedia that censors falseties; and two, with the likelihood that Brad Chacos censors which stories to write about.

 

>>The "context for its censorship" is the purpose of the censorship. For example, is it political, religious, criminal, ideological, etc? Basically, what is their rationale?

Yes, I see. I was thinking context from the standpoint of a programmer or data analyst. When we speak of context we mean having the correct data set, working in the correct environment, seeing the data in the correct way, etc. We're not so worried about motives.

But to answer your question, as I'm not the British government, that's hard to say. But I would say both criminal and political. The government will certainly take the position that it is criminal. I think everyone else will perceive it as political. Whatever their true motives are, only they can know.

 

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blkpanthr

"Wow, you and toaster have made this same assertion more times than I can count. Asserting that taking away a medium for speech isn't the same thing as censorship wasn't true the first time you tried it. I just checked and its still not true. Kindly visit the definition of insanity."

You checked really?  where?  site reference please.

since you are the accusor, the burden of proof is on you.

You have yet to do so. 

Just because you want it to doesnt make it so.  You have yet to make any legitamate argument to the contrary. 

There is no review process, bias, or filtering which are required for censorship to have taken place.

Its simply goverment choosing to shut down what it conciders, for the moment, to be a service that is a danger to the general public. 

While i may question how effective it will actually be, its certainly their perogitive to do so.

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blkpanthr

double post.

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blkpanthr

The reality is illegal activities are not covered by any type of free speech rights...so its really moot.

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timmyw

If you limit 'free' speech to only include speech that you agree with then it is no longer free speech but censorship, there is no gray area. I have no doubts that the UK has laws in place against inciting to riot, criminal conspiracy, and subversion.

Those tweets, postings, and videos should prove quite useful at trial in a legitimate court of law. Let the courts decide what is protected free speech and what is not. I don't trust ANY government, third-world or first-world, to make that decision as a matter of policy.

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blkpanthr

 nobody is limiting free speech, you just cant use that medium for a spell.  Use anouther.

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don2041

I am totaly against censurship, however if a bunch hooligans use it to incite riots etc [ facebook,twitter, or whatever ] steps must be taken to curb comunication between these idiots.

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TerribleToaster

As has been pointed out, if you don't stop facebook and twitter, but instead monitor it, you'll be able to stop the riots (by knowing when and where to strike), rather than only slowing down the gathering for it slightly. Not to mention, as has been said, that the clean up crews are using social media as a tool to help the clean up go faster.

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Nimrod

This type of thing can only happen in places where the people are not armed. If there were a gun in every house the place would not have burned. The number 1 item on Amazon over there were metal baseball bats. Go figure.

The cops did not intervene and now the people are calling for a total police state control grid. They have actually FOOLED the brits into DEMANDING that they be slaves. Now they are taking the same measures as Iran to control the population.

 

This is only the start of things to come i believe.

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Ghok

Have you forgotten that riots do sometimes happen in the US? Over 50 people died in the 1992 LA riots. I'll let you look up how many of those were gun related, my guess is more than how many people have died in England because of these riots.

I am very much against the types of gun laws that England has, but I the idea that they'd be a solution is crazy. Armed gangs aren't an answer.

I agree with the rest of what you say, though.

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Nimrod

Yes from what i remember the people were killed IN the streets.

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TerribleToaster

Oh, you.

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CanoeHead

If a group of dunderheads wants to use a forum that’s about as private as a Times Square billboard to plot a criminal act, doesn’t that make it astonishingly easy to intercept or successfully charge them?

 

If Evil abhors a bright light, let’s leave the bright lights on.  If Evil is dumb enough dance about and crow in the light, then let’s cuff the mugs.

 

My favourite charges in the Toronto G20 riots and the Vancouver ‘hockey’ riots involved the boastful posters and the compulsive video bloggers.

 

They’re never just a little bit stupid, are they?

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ABouman

It's worth noting that many citizens affected by the rioting and those who are participating in the clean-up efforts are also using Twitter to organize - any shut down of social media would have negative effects on those who are using social media in order to help.

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