AOH :: PT-1220.HTM

In Canada, linking to unapproved news sites is illegal

In Canada, linking to unapproved news sites is illegal
In Canada, linking to unapproved news sites is illegal

Previous Politech message: 

That Politech message from April 5 (above) included a link to sites
with "ban busting" information. The link is still there and it still
works -- it is being continually "published" every time someone visits
that page. Because I have not deleted that post from the Politech
archives, will I get in trouble the next time I go to Canada?

The judge did warn, after all, that violations of the publication ban
will be treated "very seriously."


-------- Original Message --------
Subject: New Media Publication Ban in Canada
Date: Thu, 9 Jun 2005 09:41:56 -0400
From: Neil Schwartzman  
To: Declan McCullagh  

I'll see if i can beat Michael Geist out of the gate to let you know
about this.

Media are prohibited from even mentioning website with ban-busting
information, one lawyer I heard on CBC last night said it is possible
to interpret the ban to possibly ban mention of the existence of such
a site.

Such is the bi-polar nature of of legals judgements - free to
fileshare, but not free to talk about court proceedings. I should
hasten to say this is in effect solely to avoid tainting the jury
during the selection process. Presumably they will be sequester
sufficiently to avoid that happening should the ban not be renewed, a
point I hope is argued towards the public good of keeping us all

Otherwise I'll have to rely on email, which of course never crosses
borders to let me know where the ban-busters are.

Pickton judge imposes unique media ban
Thursday, June 9, 2005 

VANCOUVER -- The judge at Robert Pickton's first-degree-murder trial
has imposed an innovative media ban, prohibiting publication of
Internet addresses that include information from the pretrial

Still to minimize the risk, Judge Williams wrote, he decided to ban
publication or broadcast by any means, including the Internet, of
information that would identify websites or other sources.

The court order is the first time in Canada that the media have been
prohibited from publishing an Internet address, Michael Skene, who
represented CTV and The Globe and Mail at the proceeding, said later
in an interview.

Still, it could have been worse. There was a request by defense
council to prevent anyone present during the preliminary hearings
from even discussing the case, even between family members of the

This request was squelched, thankfully.

Neil Schwartzman - Publisher, spamNEWS
peteMOSS Publications
spamNEWS - the BLOG  
"Internet access providers, companies that engage in the business
of connecting people to the Internet for profit ... assume the
role of Internet censors, arbitrarily closing accounts of those of
whom they disapprove." - Martha (C&S) Siegel

----- End forwarded message -----
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