Law, Freedom and Social Networks

Earlier in the week I listened to an interesting, though disturbing, presentation broadcast on C-SPAN. Lori Andrews, law professor and director of the Institute for Science, Law and Technology at the Illinois Institute of Technology, argued that personal privacy rights are being eroded by social networks. She considered the way that personal information is collected - and used.

It makes uncomfortable listening, especially if you are a user of Facebook; Google (and its many services - includer Blogger, upon which this Blog is written) LinkedIn and Twitter. However the issues need to be addressed - and it is a particular challenge for lawyers - how to stop abuses; how to protect the rights of individuals; and how to ensure that a fair balance is restored between individuals; corporations and the Government. There are also important implications for the administration of justice. (my W201 students might want to reflect on this video when preparing for eTMA 02)

The video can be viewed here.

Aylesbury & Liberty

Since February I have been visiting Aylesbury three times a week to teach law at Aylesbury College. Some of mstudents took their exam on Friday, and the rest of the exams take place this week. So, the number of visits will fall off for a while.

It is appropriate that my final law sessions should occur this week in Aylesbury. The news has been dominated by the issue of 'Freedom of Speech', as a well known TV personality and journalist faces the possibility of jail for Contempt of Court for tweeting the name of a football player who gained an injunction stopping anyone mentioning the fact of his adultery, or even that he had gained such an injunction. A Scottish newspaper published a photo of the player, with his eyes blocked out, but soccer fans (I'm not one) wouldn't have much difficulty in recognising the player. The editor may be liable. Thousands refused to be gagged yesterday by tweeting the name.

What has this to do with Aylesbury? In the 18th Century the MP, and resident of the town was a man called John Wilkes. He went to jail for publishing material which upset the rich, famous and powerful. He was one of the heroes of the struggle for freedom of speech in England (as well as a friend of liberty for America). His former home still stands in Aylesbury.

Another hero of liberty, who found that a majority of Judges were not prepared to support him (The Ship Money case), has his statue in the centre of Aylesbury - John Hampden - who was also the local MP for a short time (he represented nearby Wendover for a longer period).

Sad to say, our judges have not been the protectors and promoters of free speech in England. So it is again. That's why the right to trial by jury needs to be protected. There have been times when juries of ordinary citizens have refused to uphold attempts to enforce laws which do not have the consent of the people. Of course if any action is taken against journalists, tweeters or Twitter itself, there will not be a jury. Contempt of Court cases - which can lead to 2 years in jail - are exclusively dealt with by the judiciary ( the third branch of Government).

Privacy and the Law

A Hot topic of the moment - particularly in the UK where the use of 'superinjunctions' has dominated the media in recent weeks - and the publication on Twitter of details of these has posed a huge question about how Parliament and the Courts should proceed.

The Brookings Institution has published a paper that contains some real meat for lawyers; lawyers and citizens to think about. It takes a look at US law and applies US constitutional principles - but illustrates the problems that any legal system faces when trying to balance the rights of privacy and free expression - in the face of technological developments.

The paper can be accessed here.

Louis Brandeis

One of the greatest Supreme Court Justices was Louis Brandeis. He was particularly known for his defences of the freedoms of speech and privacy.

William O Douglas, the longest-serving justice in the history of the Supreme Court, said of him -
“Brandeis was a militant crusader for social justice whoever his opponent might be. He was dangerous not only because of his brilliance, his arithmetic, his courage. He was dangerous because he was incorruptible. . . [and] the fears of the Establishment were greater because Brandeis was the first Jew to be named to the Court."

Melvin Urofsky, had has previously written extensively on Brandeis has recently published "Louis D Brandeis: A Life". He was interviwed about the subject of his book on C-SPAN's "Q&A"

How to Keep Your Mobile Number Private

Many are annoyed by the news that a company is providing a directory enquiry service for mobile phones without the permission of phone owners. (and the parents of children who have mobile phone - often given because of our concern for their security, not to allow a company to put through calls to them). Instead if you want to have your name taken off the directory, you have to contact the company. The first choice highlighted by the company is to text them (which may incur costs!)

You can have your number made ex-directory without incurring mobile phone charges by going to http://www.118800.co.uk/removeme/remove-me.html

If you are as annoyed by this company's attempt to infringe our right to privacy of our own information as I am - join me to in protesting to the company (email: shona.forster@118800.co.uk - don't use their feedback as you have to agree to THEIR terms and conditions concerning their use of your details) and passing on your concerns to your own MP