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Gingersnap
03-24-2009, 10:13 AM
Canadian court orders release of forum data

posted at 8:36 am on March 24, 2009 by Ed Morrissey

A judge has ordered Free Dominion, the Canadian counterpart to Free Republic, to release the records of its anonymous forum posters in order to enable a lawsuit by Richard Warman. The release will mean the end of anonymity for all practical purposes in Canada, as well as an end to privacy for Free Dominion itself, which must also produce all its hosting agreements and ownership information as well. The judge offered this ironic justification for his order:


[33] In the case before the court, we are dealing with an anti-hate speech advocate and Defendants whose website is so controversial that it is blocked to employees of the Ontario Public Service.

That’s the threshold for privacy in Canada? Anyone styling themselves as an “anti-hate speech advocate” can raid the records of a web community he doesn’t like? Note also the circular reasoning here employed by Judge Stanley Kersham. If the government sees fit to block a website from its employees at some level, then it’s permissible to strip them of their rights to privacy and speech at any point.

As far as the “anti-hate-speech” advocate himself, Kersham seems to have missed this finding by the Canadian Human Rights Tribunal from just two weeks ago. Richard Warman was not just a customer of the CHRC, he was one of its big offenders as well:


I do not see any acceptable reason for Mr. Warman to have participated on the Stormfront or Vanguard sites, since there appears to be ample easily obtained messages on these sites available without his involvement. Moreover, it is possible that his activity in this regard, could have precipitated further hate messages in response. His explanation for including other hate messages in his postings by mistake seems very weak to me.

Mr. Warman has, with the assistance of the Commission, instituted most of the s. 13 (1) complaints under the Act that have come before the Tribunal. He has been very successful in these cases and has garnered accolades for his work in this regard. The evidence in this case of his participation on Internet sites similar to the Northern Alliance site is both disappointing and disturbing. It diminishes his credibility. For this reason and because the activities of the Respondents have ceased for a lengthy period of time, I will not make any further Orders in this matter.

In essence, Kersham just allowed a participant on neo-Nazi discussion forums to raid Free Dominion’s business records.

This doesn't bode well for liberty. :mad:

Hot Air (http://hotair.com/archives/2009/03/24/canadian-court-orders-release-of-forum-data/)

tacitus
03-24-2009, 10:41 AM
You have to wonder how long it will take for the same thing to happen in the US.

FlaGator
03-24-2009, 11:04 AM
You have to wonder how long it will take for the same thing to happen in the US.

And who do you think will be more vocal in it's opposition, Free Republic or Democratic Underground?

FeebMaster
03-24-2009, 12:01 PM
Just one more reason why you shouldn't log anything if you run a forum/website/whatever.



And who do you think will be more vocal in it's opposition, Free Republic or Democratic Underground?

Depends which party controls the presidency at the time.

FlaGator
03-24-2009, 12:48 PM
Just one more reason why you shouldn't log anything if you run a forum/website/whatever.




Depends which party controls the presidency at the time.

That was basically a rhetorical question...

FeebMaster
03-24-2009, 12:54 PM
That was basically a rhetorical question...

That's my favorite kind.

megimoo
03-24-2009, 02:20 PM
This doesn't bode well for liberty. :mad:

Hot Air (http://hotair.com/archives/2009/03/24/canadian-court-orders-release-of-forum-data/)
this has been going on for a long time in Canada ,and always with Warman .
Canada’s Human Rights Kangaroo Court
http://pajamasmedia.com/blog/canada%E2%80%99s-human-rights-kangaroo-court/

snip
"On March 25 there were gasps in an Ottawa hearing room when testimony during Warman vs. Lemire revealed that just such Soviet-flavored tactics were being used during CHRC “hate speech” investigations.

Gasps are rarely heard during CHRC hearings — they’re normally not open to the public or the press. Macleans magazine sued to get columnist Mark Steyn access to Tuesday’s event, which had originally been declared in camera for somewhat shaky “security” reasons. (Steyn and the magazine face an unrelated CHRC kangaroo court case later this year, charged with “flagrant Islamophobia” for publishing an excerpt from Steyn’s bestselling book America Alone; the commission became Steyn’s de facto “beat” after he and the magazine were served in December 2007.)"

megimoo
03-24-2009, 02:39 PM
this has been going on for a long time in Canada ,and always with Warman .
Canada’s Human Rights Kangaroo Court
http://pajamasmedia.com/blog/canada%E2%80%99s-human-rights-kangaroo-court/

snip
"On March 25 there were gasps in an Ottawa hearing room when testimony during Warman vs. Lemire revealed that just such Soviet-flavored tactics were being used during CHRC “hate speech” investigations.

Gasps are rarely heard during CHRC hearings — they’re normally not open to the public or the press. Macleans magazine sued to get columnist Mark Steyn access to Tuesday’s event, which had originally been declared in camera for somewhat shaky “security” reasons. (Steyn and the magazine face an unrelated CHRC kangaroo court case later this year, charged with “flagrant Islamophobia” for publishing an excerpt from Steyn’s bestselling book America Alone; the commission became Steyn’s de facto “beat” after he and the magazine were served in December 2007.)"

Richard Warman has sued me -- and other conservative bloggers

Today I was sued by Richard Warman, Canada’s most prolific – and profitable – user of section 13 of the Canadian Human Rights Act. As readers of this site know, Warman isn’t just a happy customer of section 13 and its 100% conviction rate, he’s a former CHRC employee, an investigator of section 13 thought crimes himself. In fact, he was often both a customer and an investigator at the same time.
...................................
It’s impossible to criticize section 13 without criticizing Warman, because without Warman, section 13 would have been defunct years ago – almost no-one else in this country of 33 million people uses it. I’d call it “Warman’s Law”, but I’ve already given that title to another law enacted because of Warman. Warman’s Law is a law brought in by the B.C. government specifically to protect libraries from Warman’s nuisance defamation suits. (We should find some way to set up a Warman’s law to protect universities from Warman, too.)


Being sued by Warman is like being sued by the CHRC
http://ezralevant.com/2008/04/richard-warman-has-sued-me-and.html

PoliCon
03-24-2009, 07:26 PM
The lesson here? Don't use your real name to register - and register using a throw away email account where again - you don't use your real name to register. Some times it's best to use the name of some JERK you can't stand ;)

megimoo
03-24-2009, 07:30 PM
The lesson here? Don't use your real name to register - and register using a throw away email account where again - you don't use your real name to register. Some times it's best to use the name of some JERK you can't stand ;)They can easily tace you by your ISP or dialup.Even if you use a proxie they can still trace you.

Gingersnap
03-24-2009, 08:44 PM
They can easily tace you by your ISP or dialup.Even if you use a proxie they can still trace you.

Not so, Moo. Sure, the junk proxies that high school kids use are virtually transparent but grown-up proxies like TOR are still invisible to the dinosaurs that man the walls of censorship. ;)

PoliCon
03-24-2009, 11:28 PM
They can easily tace you by your ISP or dialup.Even if you use a proxie they can still trace you.

How do they prove it was ME and not some other person who uses the same computer who did it? :p