Raphael Cohen-Almagor

My contribution

My contribution

4 content circumstances mannerן Speaker’s intentions

Relevant Theories Social Responsibility Moral panic The "democratic Catch" Incitement True threats Intimidation

The Internet The Internet contains the best products of humanity

7

Ufff…

Worse of Humanity Unfortunately, the Internet also contains the worse products of humanity: Pedophilia Terror Racism, Hate speech and Holocaust denial Crime-facilitating speech

Relevant Factors History Culture Law

Child Pornography Pornographers are always among the first to recognize and exploit the potential of each new wave of communication technology, from the printing press and early photography to film and video, and now the Internet Most states prohibit by their criminal law the production, promotion, sale, exhibition, or distribution of photographs or videos of children engaged in any sexual activity

Child Pornography The internet features of accessibility, privacy and low cost serve to encourage some offences. Child pornography is often used by offenders to groom children by “normalizing” sexual activity with children and breaking down inhibitions, or to blackmail a child into desired behaviour by threatening to expose their use of pornography. The saturation of the internet with such material may serve to “normalize” this behaviour and probably makes it easier to objectify children as sexual artifacts. Pornography is also thought to reinforce a person’s sexual attraction to children

Child Pornography Social-networking sites have been shown to attract sexual predators looking to take advantage of naïve young people. Launched in 2004, MySpace has swiftly become one of the biggest hits in the history of the Internet. Crimes as serious as murder and rape have been linked to teens using the site

Identity Child pornographers conceal their true identity by means of proxies, “false flag” addresses, the use of which means that the host site will not be able to identify a visitor’s true IP. They will never use their own credit card to pay for photos or videos. Some users succeed in hacking into a pay server, stealing another person’s credit card, but this route is only for the truly ingenious

How Child Pornographers Work? A person has a collection of several thousand child porn images He likes to share them First, he obtains a proxy that conceals his name and location and acquires a new account under a false name from an anonymous provider, likely in a third world nation: both are easy to do. With these bogus credentials, he opens an account that permits him to set up a home page on an innocent and aboveboard public server such as angelfire.com,

How Child Pornographers Work? Unknown to the provider, the person loads how many photos he wants The site is of no use to anyone as yet, in that nobody is likely to stumble across it by accident Our generous child-pornographer announces the posting of the series on the Maestro board or one of its counterparts, where the message is read and acknowledged gratefully by other “loli fans” Duly alerted, consumers then flock to the site advertised, which may be based in any of twenty countries, and the download the pictures. The images will exist at that site only for a few hours before they are removed and the site ceases to exist

How Child Pornographers Work? The best way to discover child-pornographers activity is by discerning a site that suddenly attracts thousands of hits within a few hours Sometimes money changes hands and videos are sold, but many sites that demand payment for access are bogus, and anyone gullible enough to pay will, if he is lucky, just lose the price of admission; if he is less fortunate, he will have earned a visit from the police

Collections The vast majority of people who post or distribute pictures do so out of non-economic motives The sense for completion or perfection is particularly marked in child porn collecting. Hobbyists seek unbroken series of the various photo shoots such as KG or Tiny Americans, and they pride themselves on their achievement in seeking out and amassing items

Encryption The careful child-pornographers use encryption when they exchange images Without the key, it is practically impossible to decode the image Encryption is the best friend of all people involved in illegal activities: Child-pornographers, terrorists and criminals

Terror

September 11, 2001 September 11 and other terrorist operations were facilitated by the Internet.

E-jihad The term E-jihad refers to the way information technology is applied by groups such as al-Qaeda in order to organize logistics for their campaigns, through the application of and encrypted files, as well as a means for developing their own strategic intelligence

September 11, 2001 Members of Al Qaeda are sending each other thousands of messages in a password-protected section of agreed-upon websites Sometimes they simply take over legitimate sites In the wake of September 11, Internet providers shut down several sites associated with Dr. Sheikh Abdullah Azzam, mentor of bin Laden

Haganah (Defence) Haganah, a US-based pro-Zionist website run by Aaron Weisburd, tracks down jihadi sites and informs their ISPs that they are hosting a terrorist site, which usually ensures it is closed down immediately. Haganah has shut down more than 700 jihadi siteshttp://haganah.org/

jihadi websites Most jihadi websites have several sections. The most important and largest is usually the religion section, which contains fatwas explaining who can be targeted legitimately. Quranic references to jihad, the different ways jihad can be expressed, aspects of martyrdom, and online doctrinal consultations with religious sages

jihadi websites In the jihad section, would-be recruits are encouraged to join the battle. Some general advice is given, e.g., the best routes into Iraq, names and locations of sympathetic mosques in neighbouring countries. Galleries of martyr portraits are accompanied by their last wills and testaments, often in the form of a video

jihadi websites Most sites have IT section where contributors are urged to share their knowledge and develop new ways of using cyberspace to further the cause of jihad. The bulletin boards or chat rooms are by far the most popular forums on jihadi websites. Visitors can add comments or reply to ongoing conversations and debates

jihadi websites Many jihadi sites have a women’s section where wives and mothers are urged to support their men in jihad and help them in the psychological battle against what one site described as that disease, the weakness which loves life and hates death

Use of Internet by Terrorists Providing Information (English, Arabic, other languages, according to the audience) Seeking Legitimacy Propaganda – use of cameras, chat rooms; Socialization and motivation - use chatrooms to create virtual community, and motivate people to take violent actions against the West. Seeking support

Use of Internet by Terrorists Spreading tactics – the first beheading in Iraq showed on the Internet motivated copy-cat actions in other countries. Beheading is not part of the culture and tradition in Thailand. The Internet facilitated this knowledge and idea. Instructions and online manuals Planning of activities and coordination Training how to build bombs – significant but not as the uses of propaganda and motivation

Use of Internet by Terrorists Facilitation – like us, terrorists use the Internet to organize their travel, to communicate, to find information. Most fund raising is done person to person – going to an individual and ask for money. Some Internet sites were used to raise money, but this is not a prevalent phenomenon. Recruitment – a little bit. Not significant Cyber-terrorism

Inaugural Poem/ Maya Angelou There is a true yearning to respond to The singing River and the wise Rock. So say the Asian, the Hispanic, the Jew The African and Native American, the Sioux, The Catholic, the Muslim, the French, the Greek The Irish, the Rabbi, the Priest, the Sheikh, The Gay, the Straight, the Preacher, The privileged, the homeless, the Teacher. They hear. They all hear The speaking of the Tree. Today, the first and last of every Tree Speaks to humankind. Come to me, here beside the River. 20 January 1993 For Bill Clinton

Racism More than 60,000 racist and hateful sites

From Speech to Action Two Aryan supremacists, Benjamin Smith and Richard Baumhammers who in 1999 and 2000 respectively went on racially motivated shooting sprees after being exposed to Internet racial propaganda. Smith regularly visited the World Church of the Creator website, a notorious racist and hateful organization. He said: "It wasn't really 'til I got on the Internet, read some literature of these groups that… it really all came together.“

The Zundelsite “Women Dined and Danced in Auschwitz” No gas chambers ever existed People died in WWII, some were Germans, some Jews

Racism & Holocaust Denial In Canada, the Zundelsite and other hateful sites were shut down. Is law the appropriate way to fight against such speech? Education? What about accessing such material in libraries and schools? The importance of historical context

Historical Context and National Boundaries Yahoo! maintained auction sites via which third parties offered, among other items, Nazi memorabilia for sale. In 2000, anti-hate campaigners based in France commenced legal proceedings against Yahoo!, alleging violation of French penal laws prohibiting the public display of Nazi “uniforms, insignia or emblems” within French borders. The Supreme Court of Paris asserted jurisdiction over Yahoo! because its auction sites could be accessed in France; the court ruled that the US company must “take such measures as will dissuade and render impossible” access to auction sites selling Nazi paraphernalia and any other sites containing pro-Nazi propaganda, and awarded civil damages to the organizations that instigated the action

The Council of Europe The Council of Europe has adopted a measure that would criminalize Internet hate speech, including hyperlinks to pages that contain offensive content. The provision, which was passed in 2002 by the council's decision-making body (the Committee of Ministers), updates the 2001 European Convention on Cybercrime.provisionConvention on Cybercrime

The Council of Europe Specifically, the amendment bans "any written material, any image or any other representation of ideas or theories, which advocates, promotes or incites hatred, discrimination or violence, against any individual or group of individuals, based on race, colour, descent or national or ethnic origin, as well as religion if used as pretext for any of these factors."

American Legal Boundaries True Threats, intimidation Incitement to murder How the Internet is used to scare people? Case law

UNITED STATES v. BAKER University of Michigan student Jake Baker posts a story on alt.sex.stories website describing the torture, rape and murder of a woman in his dorm.

UNITED STATES v. BAKER University of Michigan student Jake Baker posts a story on alt.sex.stories website describing the torture, rape and murder of a woman in his dorm. U of M alum living in Russia finds story on daughter’s computer, alum contacts university officials. Investigation is launched.

UNITED STATES v. BAKER University of Michigan student Jake Baker posts a story on alt.sex.stories website describing the torture, rape and murder of a woman in his dorm. U of M alum living in Russia finds story on daughter’s computer, alum contacts university officials. Investigation is launched. Officials discover relationship with Al Gonda describing shared fantasy of sex and torture.

University of Michigan student Jake Baker posts a story on alt.sex.stories website describing the torture, rape and murder of a woman in his dorm. UNITED STATES v. BAKER U of M alum living in Russia finds story on daughter’s computer, alum contacts university officials. Investigation is launched. Officials discover relationship with Al Gonda describing shared fantasy of sex and torture. Jake Baker is arrested and charged with making threats to another U of M student. Baker spends 29 days in jail.

UNITED STATES v. BAKER The government charged Baker with five counts of violating 18 U.S.C. §875 (c) - Whoever transmits in interstate or foreign commerce and communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined under this title or imprisoned not more than five years, or both.

USA v. Baker and Gonda 2 to 1 decision for Baker: The essence of “True Threats””

Legal Boundaries True Threats, intimidation Malicious content, when it knowingly and intentionally communicates a credible threat will not be tolerated

Date: Fri, 20 Sep :58: From: "Mother Fucker (Hates Asians)" To: {recipient list omitted to protect privacy of individuals} Subject: FUck You Asian Shit Hey stupid fucker As you can see in the name, I hate Asians, including you. If it weren’t for asias [sic] at UCI, it would be a much more popular campus. You are responsible for ALL the crimes that occur on campus. YOU are responsible for the campus being all dirt. YOU ARE RESPONSIBLE. That’s why I want you and your stupid ass comrades to get the fuck out of UCI. IF you don’t I will hunt all of you down and Kill your stupid asses. Do you hear me? I personally will make it my life carreer [sic] to find and kill everyone one [sic] of you personally. OK?????? That’s how determined I am. Get the fuck out. Mother Fucker (Asian Hater) Machado

Shutting Down Websites Jouhari v. Wilson US Dept. of Housing & Urban Development, Jouhari and Pilar Horton v. Ryan Wilson and ALPHA HQ, July 19,

Jouhari Next to Jouhari’s picture, the ALPHA HQ website stated, "Traitors like this should beware, for in our day, they will hung from the neck from the nearest tree or lamp post.“ The website referred to Jouhari's daughter as "mongrel," listed various types of guns, information where to obtain various weapons, and provided a bomb recipe under the picture of Jouhari's office. s/oalj/cases/fha/pdf/wilson.pdf s/oalj/cases/fha/pdf/wilson.pdf

Jouhari Wilson was charged by the Pennsylvania Commonwealth's Attorney General with threats, harassment, and ethnic intimidation. The site was removed from the Internet, and the court issued an injunction against the defendant and his organization barring them from displaying certain messages on the Internet

Planned Parenthood v. American Coalition of Life Activists

Legitimate v. Illegitimate Speech

The Deadly Dozen

The Nuremberg Files

Shutting Down Websites

Arguments for and against Shutting Down Websites Against Shutting Down: Free expression Futility – mirror sites, different servers Source of information for security officers Difficult to track down sites, hence there is interest to keep them viable For Shutting Sites: facilitate criminal activity; Scope of audience: An American server cannot be equated to a server in Yemen

Shutting Down Websites From discussions with security experts I gather this is not the preferred option. They would like to keep an eye open on such sites

Crime-Facilitating Speech Assassination – Hit Man How to kill your wife -to-kill-your-wife-and-get-away.html Rape Rape drugs Silencers Encryption Use of proxis Cryptome.org

Bomb Making On March 23, 1996, the Terrorist's Handbook was posted on the Web, including instructions on how to make a powerful bomb. The same bomb was used in the Oklahoma City bombing. Deputy Assistant Attorney General Robert Litt, of the U.S. Justice Department's Criminal Division, observed that only hours after the Oklahoma City bombing, someone posted on the Internet directions -- including a diagram -- explaining how to construct a bomb of the type that was used in that tragic act of terrorism

Crime-facilitating Speech How to become a successful contractor? How to tempt kids to bed? Bomb making

RICE v. PALADIN ENTERPRISES Paladin Press publishes the book “Hit Man” Lawrence Horn hires James Perry to kill Horn’s family so he may collect his disabled son’s $2million+ legal settlement Both Horn and Perry are found guilty of charges against them. Surviving family sues Paladin Press for aiding and abetting Perry and Horn in the triple murder

Publication of books Should there be limits on books’ publication? Does the mode of publication make a difference? Addressing legal lacuna

Should we monitor the Net - Kimveer Gill On the morning of September 13th, 2006 Kimveer Gill wore his black combat boots and a black Matrix style trench coat. He took with him 3 guns and drove in his black car downtown. Gill entered Dawson College, and began shooting. He killed 18 year-old Anastasia Rebecca De Sousa, and injured at least twenty people.

Kimveer Gill Gill lived most of his last months in the virtual world of a website named Vampire Freaks as an adherent of Goth culture. Dwelling in Kimveer's posts to the VampireFreaks site could well illustrate his disturbed soul: His screen name was Fatality666 His profile reveals his likes and dislikes, for example: Achieve This Year – Stay Alive How do you want to Die – like Romeo and Juliet – or – in a hail of gunfire. Favorite Movie – Natural Born Killers Favorite Weapon – Tec-9 semi-automatic handgun (Gill noted that this was an illegal weapon in Canada)

Kimveer Gill Reading excerpts from his blog exposes a psychotic personality of a man who was obsessed with hate, death wish and guns. For example, in March 15, 2006 Gill wrote: "I hate this world I hate the people in it I hate the way people live I hate god I hate deceivers I hate betrayers I hate religious zealots I hate everything I hate so much (I could write 1000 more lines like these, but does it really matter, does anyone even care) Look what this wretched world has done to me".

Kimveer Gill All of these materials were visible and unconcealed on the Vampire Freaks site. Thus the violence could have been prevented if the site was monitored. If the police were to monitor the site on a regular basis, Gill’s bloodshed could have been prevented.

Monitoring Specific Sites Kimveer Gill was not the first criminal over the last few years who was connected to VampireFreaks.com. Several violent crimes in Canada were connected to this site. In April 2006, a 12 year-old girl and her 23 year-old boyfriend, Jeremy Steinke, were charged of three murders. They had first met on VampireFreaks.com where the girl confessed to like "hatchets, serial killers and blood", while her boyfriend preferred "blood, razor blades and pain". In April 2006 a NY state man, 23 year-old Eric Fischer was arrested for the second for using Vampire Freaks website to lure young girls (13 and 16 year-old girls) for sexual purposes.

Monitoring Specific Sites Another case, in 2005, was related to a Toronto trial. A youth was accused of killing his young brother and attempting to kill his stepfather. During the trial, it was revealed that the accused’s girlfriend had discussed the case on her Vampire Freaks blog. Parry Aftab, head of Wired Safety (a volunteering watchdog organization that monitors websites) said they had a lot of problems with Vampire Freaks: "many of the kids who are highly troubled and those who are making trouble for others, are gravitating to that site… the major problem… is that it seems to normalize aberrant behavior".

Kimveer Gill Gill received a lot of moral support from his website friends. On Tuesday, September 12, 2006, just a day before the shooting "Caranya" wrote to Kimveer, "Can I go play with you?? I wanna go hunt down the preppies with you!!"

Remedies Education Parental Supervision Physical-Geographical Control (at home, in libraries) Filters Denying Legitimacy ISPs Liability

Remedies Need for more youth education (like the Partners Against Hate program), Promotion of tolerance, Exposing of hate, International cooperation between governments as well as between governments and Internet Service Providers

Remedies Business Ban International Cooperation: Working Group on Internet Governance Legislation and Precedents Monitoring Websites Removing Criminal Websites CleaNet

Remedies Introducing a different rationale: Instead of free highway, social responsibility

The Threats of the Internet Global solution for global problem Filters Business ban Individual/ ISPs Who’s Responsible?

Thank you