German Court Rules Parents Must Out Their Family Members For Copyright Trolls Or Pay Fines Themselves

from the family-first dept

Copyright trolls are a plague spreading across the world, one which has received far too little social medicine for the taste of many. This virulent form of rent-seeking tends to put out some of the more despicable strategies, from flatout falsely accusing people of piracy, lying to international students about the punishment for copyright infringement, and threatening those that expose their actions.

But a case that was winding its way through German courts sees copyright trolls there now going even further, winning the argument over whether parents should have to serve their own children up to the courts for copyright trolls.

In 2011, a family received a letter from Universal Music, demanding cash alongside claims that Rihanna’s album ‘Loud’ had been illegally shared via their Internet connection. The parents, to whom the letter was addressed, indicated that they had no interest whatsoever in the R&B star. However, one of their three children apparently did, and the parents knew which one had committed the infringement. Perhaps understandably, however, the parents didn’t want to throw their child to the lions. It’s a position that’s supported by a local law which protects family members from having to testify against each other.

The case ended up at the Munich Court of First Instance and the parents were held liable for copyright infringement and ordered to pay almost 3,900 euros. From there the case progressed to the Federal Court of Justice (Bundesgerichtshof – BGH), which handed down its ruling Thursday. In a big win for Universal, the BGH upheld the decision of the lower court, holding the parents liable for copyright infringement.

In other words, in the name of copyright trolls that have naught but an IP address to go on, parents in Germany may now face a flavor of Sophie's Choice: give up your children to the copyright troll or pay all fines themselves. Given that we're talking about children here, that likely amounts to the same result, as parents will be the one footing the bill. Still, there is something sadistic about trying to cooerce parents into naming their own children before the court. Keep in mind that this is mere copyright infringement we're talking about, not the typical crimes for which parents have long been expected to be responsible for when their children violate the law. And keep in mind as well how often these copyright trolls are wrong, have faulty or incomplete evidence, and so on.

Levying responsibility for the failure to out one's own family member is almost comically pernicious. That the court saw fit to route around local laws protecting families from this sort of thing in the name of copyright trolls seems doubly so.

Filed Under: children, copyright, copyright trolling, families, germany, liability

UK Goes Full Orwell: Government To Take Children Away From Parents If They Might Become Radicalized

from the ministry-of-love dept

If there are two edicts I try to follow whenever I'm writing, they are, first, write what is true and, second, avoid cliche at all costs. I bring that up only as a preface before saying the following: the UK is walking down an Orwellian path. It's nearly the cliche of cliches to say something like this, and yet it happens that the cliche is true. While there is most certainly a real thing known as a threat from Islamic terrorism, there is also such a thing as overreaction. What started as the British government's attempt to ban extremist thought from social media and television (under the notion that some thoughts are too dangerous to enjoy the freedom that other thoughts deserve) then devolved into the conscripting of teachers that were to be on the lookout for children that might become radicalized. To assist them with this, the government helpfully provided spy-software to use against students. Spy-software which itself was found to be exploitable in the most laughably easy of ways. This employed two of the most horrifying aspects of Orwell's Oceania: the concept of thought-crime and the employ of citizens to fearfully surveil one another.

And now it seems the UK is going even further, adopting Oceania's reputation for the swallowing up of citizens should they be found suspect of thought-crime by those watchful citizens. Specifically, the Family Division of the Judiciary has put out a memo declaring exactly how it will remove children from the homes of anyone it suspects might radicalize those children. Here's a snippet.

Recent months have seen increasing numbers of children cases coming before the Family Division and the Family Court where there are allegations or suspicions: that children, with their parents or on their own, are planning or attempting or being groomed with a view to travel to parts of Syria controlled by the so-called Islamic State; that children have been or are at risk of being radicalised; or that children have been or at are at risk of being involved in terrorist activities either in this country or abroad.

Only a local authority can start care proceedings (see section 31(1) of the Children Act 1989 – the police powers are set out in section 46). However, any person with a proper interest in the welfare of a child can start proceedings under the inherent jurisdiction or apply to make a child a ward of court.2 Usually, in cases falling within the description in paragraph 1 above, it will be the local authority which starts proceedings under the inherent jurisdiction or applies to make a child a ward of court, and the court would not expect the police (who have other priorities and responsibilities) to do so. There is, however, no reason why in a case where it seems to the police to be necessary to do so, the police should not start such proceedings for the purposes, for example, of making a child a ward of court, obtaining an injunction to prevent the child travelling abroad, obtaining a passport order, or obtaining a Tipstaff location or collection order. Given the complexities of these cases, I have decided that, for the time being at least, all cases falling within the description in paragraph 1 above are to be heard by High Court Judges of the Family Division.

In other words, the High Court Judges within the Family Division are now tasked with determining whether children will be made wards of the state based solely on suspicions of possible radicalization. Children torn from mothers and fathers in Muslim homes will be subject to the whims and inherently flawed watch of the larger citizenry. A citizenry, mind you, that has had its vigilance unduly ramped up by the government's past actions and requests. It's hard to imagine a better recipe for the unfair targeting of Muslim families than this. Unfortunately for all concerned, this same memo imagined just such a recipe, making things even worse.

Judges hearing cases falling within the description in paragraph 1 above will wish to be alert to: (a) the need to protect the Article 6 rights of all the parties;4 (b) the fact that much of the information gathered by the police and other agencies will not be relevant to the issues before the court; (c) the fact that some of the information gathered by the police and other agencies is highly sensitive and such that its disclosure may damage the public interest or even put lives at risk; (d) the need to avoid inappropriately wide or inadequately defined requests for disclosure of information or documents by the police or other agencies; (e) the need to avoid seeking disclosure from the police or other agencies of information or material which may be subject to PII, or the disclosure of which might compromise ongoing investigations, damage the public interest or put lives at risk, unless the judge is satisfied that such disclosure is “necessary to enable the court to resolve the proceedings justly” within the meaning given to those words when used in, for example, sections 32(5) and 38(7A) of the Children Act 1989 and section 13(6) of the Children and Families Act 2014; (f) the need to safeguard the custody of, and in appropriate cases limit access to, any sensitive materials provided to the court5 by the police or other agencies;6...

It goes on from there, essentially giving courts and law enforcement an absolute free pass to deny the court open access and review of the very intelligence that landed the case before it in the first place. This is a memo designed to create a court system by which Muslim parents will lose their children and won't even be told why, or have the opportunity to rebut evidence against them, as no evidence need be presented. This isn't just overreaction, it's terrifyingly provocative action designed with one target in mind and built on the back of a process designed to be flawed in favor of a government that apparently can't get its head on straight.

Nobody means to suggest that there is no threat that the UK might face from Islamic terrorists and/or extremists. But you simply don't adopt the tactics of Orwell to combat that threat. Not if you want to claim your own people remain free, that is.

Filed Under: children, courts, families, family services, radicalization, thought police, uk

HBGary Federal Spied On Families And Children Of US Chamber Of Commerce Opponents

from the lovely-folks dept

The story of HBGary Federal keeps getting worse and worse. After threatening to reveal the "leaders" of the leaderless group Anonymous, the company's servers were hacked and emails released, exposing a bizarre plan to intimidate Wikileaks critics to get them to stop supporting the site, and to plant false information. A few days later, it came out that HBGary Federal (along with partners Palantir and Berico) also had proposed a similar campaign to help the US Chamber of Commerce silence critics. New reports show that HBGary Federal boss Aaron Barr apparently went so far as to "demonstrate" his ability to intimidate people by using social networking info to dig up information and photos on people's families.

In fact, in a bit of bravado, he even used the same tactics to reveal info he was able to glean about the family of one of the lawyers, Richard Wyatt, who had contacted HBGary Federal from the law firm/lobbying firm of Huntoon and Williams, in looking to secure their services for both the Bank of America anti-Wikileaks campaign and the US Chamber of Commerce anti-critics campaign: I still don't think that hacking HBGary Federal's email was the right move, but if anyone has ever come close to deserving such treatment, it seems like Barr may be in the lead.

Filed Under: families, spying
Companies: berico tecnologies, hbgary federal, huntoon and williams, palantir technologies, us chamber of commerce

UK Wants Surveillance Cameras To Watch 20,000 Worst Families?

from the yikes dept

Slashdot points us to a story that sounds like it has to be a joke/satire, concerning a plan by the UK's Children's Secretary, Ed Balls, to spend £400 million to put 20,000 families (the worst families) under constant surveillance including 24-hour CCTV cameras in their homes, and private security guards checking on them from time to time. The cameras will supposedly be used to make sure kids go to bed on time and eat proper meals. Even in the UK, where surveillance cameras are even more popular than in the US, this seems quite extreme. Balls apparently explained:

"This is pretty tough and non-negotiable support for families to get to the root of the problem. There should be Family Intervention Projects in every local authority area because every area has families that need support."

I'm hopeful that someone in the UK can let us know if this is somehow an exaggeration of what's going on or if this is accurate, because it honestly seems difficult to believe.

Filed Under: cctv, ed balls, families, surveillance, uk