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France Announces Massive Internet Surveillance by ISPs
From: David Farber <dave () farber net>
Date: Mon, 26 Nov 2007 23:40:51 -0800
________________________________________ From: sheath () gmail com [sheath () gmail com] On Behalf Of Steven Heath [sheath () foxbane co nz] Sent: Monday, November 26, 2007 9:36 PM To: David Farber Subject: Re: [IP] France Announces Massive Internet Surveillance by ISPs I have heavily 'snipped' from the post from Lauren Weinstein. I am not addressing his concerns about the proposed laws around ISPs in France. I am commenting on his analogies or references that I think are so flawed that it strikes at the key parts of the post.
Greetings. In a breathtaking act of arrogance reminiscent of the heyday of Louis XVI
I would have thought Louis XIV 'Sun King' would be the correct comparison.
To streamline the process, the entire procedure, as I understand it right now, would operate -- at least initially -- on an extrajudicial basis, without the messy intervention of courts, judges, trials, or other post-Magna Carta niceties that might help to assure that only the truly guilty are punished.
Magna Carta as in settlement of the barons and the English King John?
It's one thing to use the conventional legal system to enforce legitimate intellectual property rights, but it's something wholly different to deputize ISPs into Network Monitors, feeding data to what apparently could easily become a Star Chamber operating outside the normal bounds of the conventional legal system.
Now the reference to the Star Chamber, yet another English 'invention'. The Magna Carta, Star Chamber and the entire English Common Law legal approach is either only applies as a concept or NOT at all. France uses, as many other countries do a Civil Law legal system and not Common Law. While these points could be deemed minor they are used in a very emotive manner. Thus as soon as I read them I decided that Lauren's message was lost in the rather pointless errors that he himself decided to use. If the comparison was on the centralising of power or absolutism under Louis XIV and the power held by Cardinal Richelieu and then Cardinal Mazarin then it would actually be related to the county he is railing on about. Not only that but think near perfect alignment to the focus of his post, the control of the state outside of the existing laws and system. If one is going to talk about the laws and events in another country one should at least use examples that are from that country, and not its 'arch enemy' for hundreds of years. -- Steven Heath Director Foxbane Consulting DDI: +64 4 978-7306 Cell: +64 21 706-067 ------------------------------------------- Archives: http://v2.listbox.com/member/archive/247/=now RSS Feed: http://v2.listbox.com/member/archive/rss/247/ Powered by Listbox: http://www.listbox.com
Current thread:
- France Announces Massive Internet Surveillance by ISPs David Farber (Nov 26)
- <Possible follow-ups>
- France Announces Massive Internet Surveillance by ISPs David Farber (Nov 26)
- Re: France Announces Massive Internet Surveillance by ISPs David Farber (Nov 26)
- Re: France Announces Massive Internet Surveillance by ISPs David Farber (Nov 27)