Copyright law and mash-ups: A policy paper

This report provides an analysis of the cultural, policy and legal implications of ‘mash-ups’. This study provides a short history of mash-ups, explaining how the current ‘remix culture’ builds upon a range of creative antecedents and cultural traditions, which valorised appropriation, quotation, and transformation. It provides modern examples of mash-ups, such as sound recordings, musical works, film and artistic works, focusing on works seen on You Tube and other online applications. In particular, it considers - * Literary mash-ups of canonical texts, including Pride and Prejudice and Zombies, The Wind Done Gone, After the Rain, and 60 Years Later; * Artistic mash-ups, highlighting the Obama Hope poster, the ‘Column’ case, and the competition for extending famous album covers; * Geographical mash-ups, most notably, the Google Australia bushfires map; * Musical mash-ups, such as The Grey Album and the work of Girl Talk; * Cinematic mash-ups, including remixes of There Will Be Blood and The Downfall; and This survey provides an analysis of why mash-up culture is valuable. It highlights the range of aesthetic, political, comic, and commercial impulses behind the creation and the dissemination of mash-ups. This report highlights the tensions between copyright law and mash-ups in particular cultural sectors. Second, this report emphasizes the importance of civil society institutions in promoting and defending mash-ups in both copyright litigation and policy debates. It provides a study of key organisations – including: * The Fair Use Project; * The Organization for Transformative Works; * Public Knowledge; * The Electronic Frontier Foundation; and * The Chilling Effects Clearinghouse This report suggests that much can be learnt from this network of organisations in the United States. There is a dearth of comparable legal clinics, advocacy groups, and creative institutions in Australia. As a result, the public interest values of copyright law have only received weak, incidental support from defendant companies – such as Network Ten and IceTV – with other copyright agendas. Third, this report canvasses a succinct model for legislative reform in respect of copyright law and mash-ups. It highlights: * The extent to which mash-ups are ‘tolerated uses’; * The conflicting judicial precedents on substantiality in Australia and the United States; * The debate over copyright exceptions relating to mash-ups and remixes; * The use of the take-down and notice system under the safe harbours regime by copyright owners in respect of mash-ups; * The impact of technological protection measures on mash-ups and remixes; * The possibility of statutory licensing in respect of mash-ups; * The use of Creative Commons licences; * The impact of moral rights protection upon mash-ups; * The interaction between economic and moral rights under copyright law; and * Questions of copyright law, freedom of expression, and political mash-ups.

Kilpailukykyvaltion koululainsäädännön rakentuminen : Suomen eduskunta ja 1990-luvun koulutuspoliittinen käänne

Finnish education policy, educational legislation and the entire education system changed significantly during the 1990s as part of a general restructuring of public administration. There has been a clear divergence from the former tradition of a system of regulation, founded on detailed legislation and the principle of equality. The new governance, which is based more on individual choice, efficiency and evaluation, emphasizes that the development of a high standard of education is a necessity in the light of global competition. This study explores the legislative process regarding education policy in the Finnish Parliament during the 1990s, and highlights in particular how the international discourse on education policies was restructured in the context of Finnish legislation. The research material consists of all the public parliamentary documents relating to education, including government proposals, minutes from the discussions in the chamber and archive material (final protocols, reports and statements) for the Committee for Education and Culture. The discourse on the process of drafting and passing education legislation is modelled on three interrelated policy technologies (market, management and performance), which are understood here as mechanisms connecting general political ideas to normative legislation. The changes in the regulation of education were part of a general public administration reform instigated during the mid 1980s. The research results will prove that during the left-right coalition cabinet of PM Harri Holkeri, new policy technologies affected the parliamentary discourse on education policy. This was particularly influenced by a change in the preconditions for the management of education that was created as a result of the numerous demands to deregulate and delegate decision-making authority to the local and school levels while rendering the whole education system more effective. At the turn of the decade, market-type mechanisms were more indirectly manifested in the forms of individuality and freedom of choice, which were reflected, for example, in proposals to “lower the hurdles” by separating general from vocational secondary education with a view to encouraging students to select courses from other educational establishments, in addition to relaxing the requirements for establishing private schools and abolishing a hundred-year-old strict national catchment-area system. Later, in the course of the 1990s, after the subjects, players, and methods of evaluation had been more precisely defined, evaluation based on performance would result in the active measurement of the attainment of set objectives. In the spring of 1991, from the outset of PM Esko Aho's right-centre coalition cabinet, the education budget suffered cutbacks as a result of a global recession and this influenced the legislative work of, and discourses in, parliament. Representatives of the parties in power regarded the recession solely as an external factor that was remote from the political arena. In their view, the education system should rise to the challenge by ensuring the efficient and innovative use of the resources available and by developing new forms of indicators for evaluating results. Representatives of the opposition opposed the cabinet’s standpoint as a result of the recession, criticized the measures taken by pointing out the harmful effect of constantly cutting the budget and argued that the government had made political capital out of the recession by using it as an opportunity to give more room to market, management and performance technologies within the Finnish education system. Criticism of the new education policy became even stronger during PM Paavo Lipponen's first “rainbow” coalition cabinet with critical views being expressed not only from the opposition but also from representatives within the government. Representatives from the left demanded legislative restrictions and the instigation of measures to relieve the presumed negative effects of market, management and performance in the name of educational equality. The new management by results steering method within the university sector and the introduction of commercial education services in compulsory education were fiercely criticized. The argument over “setting outer limits” including, for example, the demands for more detailed legislation and earmarked state subsidies was characteristic of Parliament’s legislative discourse in the latter part of the 1990s. Keywords: education policy, education legislation, Parliament of Finland

Fundamental Principles and Rights At Work: Value, Viability, Incidence and Importance as Elements For Economic Progress and Social Justice

Working Paper prepared for the ILO by Maria Luz Vega Ruiz and Daniel Martinez, focusing on the rights at work in Latin America and the Caribbean.

We'll Close! Plant Closings, Plant-Closing Threats, Union Organizing and NAFTA

This article is based on Final Report: The Effects of Plant Closing or Threat of Plant Closing on the Right of Workers to Organize. The report was commissioned by the tri-national Labor Secretariat of the Commission for Labor Cooperation (the NAFTA labor commission) "on the effects of the sudden closing of the plant on the principle of freedom of association and the right of workers to organize in the three countries."

Konsumerismi, potilaiden ja kuluttajien aktiivinen toiminta sekä erityisesti lääkäreiden kokemukset ja näkemykset potilaista kuluttajina

Consumerism emphasises the patient s position and freedom of choice. Consumerism is being promoted by a range of phenomena occurring in society and health care. Different actors hold different views on the patient as a consumer and on his or her participation. Consumer demand is created outside the patient physician relationship and the commercialisation of services generates new expectations with respect to physician s work. More and more patients may be interested in adopting a more equal position in the care relationship, and trying to negotiate with the physician or to even dictate how he or she should be cared for. In Finland, very little research has been conducted on patients and consumers organising themselves at national system level, patients as choosers, and physicians attitudes to various consumerist phenomena or the choice made by the patient. In the empirical data for this study, the term consumer-patient refers to active consumers and patients making choices related to their clinical care prior to a physician s diagnosis. Consumer-patients are also represented by consumer and patient organisations and movements. The main research question is: How do physicians regard the care choice made by the patient? This question is addressed from a perspective encompassing patients and consumers organised activities and individuals active behaviour in health care as well as physicians experiences and their views on patients as consumers making choices related to their care. The first part (Study I), examines the patient organisation field, information sources used including the websites of such organisations, files from Finland s Slot Machine Association, RAY, a survey conducted by a Finnish television news department and interviews of patient organisations. Based on observation and a physician survey, Study II examines physicians attitudes to the idea that patients could obtain information through consumer movements about physicians care practices before seeking medical care. Studies III−IV use a physician survey to examine physicians attitudes to direct-to-consumer-advertising of prescription drugs (DTCA) and their experiences and views of patient requests related to treatments and examinations. Study V uses comparative surveys to examine the attitudes of health care professionals and the population to the introduction of new technologies in health care, using genetic screenings and tests as an example. The number of patient organisations increased, with a particular escalation as of the 1990s. The characteristics and operating methods of the organisations varied greatly. Physicians organisations adopted a negative or neutral attitude towards the consumer movements idea of distributing information on care practices, whereas individual physicians attitudes were slightly more positive. Physicians regarded direct-to-consumer-advertising of prescription drugs as negative, but took a more permissive attitude towards indirect advertising. More than every third physician considered drug advertisements in general to be harmful or useless in the distribution of drug information to patients or consumers. More than half of physicians conducting patient work reported that they (very) often encountered patients who stated upon arrival for a consultation that they wanted specific treatments or examinations, and that the number of such situations had increased. Such situations were viewed as positive with regard to the care relationship by every fifth physician and as negative by two fifths. Physicians justified a reserved attitude to the patients consumer role by referring to their medical expertise and position as care decision-makers, the patient physician relationship and the public health care system. Reasons for a positive attitude included the patient s participation and co-operation, the patient physician relationship and the patient s knowledge. Professionals were more reserved than lay people about the introduction and extension of genetic technologies in health care. A significant minority of the physicians did not take a clear pro or con attitude to the patients consumer role or to the use of new technologies in health care. The physicians age, gender, place of work and specialisation influenced their attitudes to the patient s consumer role, and private physicians viewed it in a more positive light than those working in public health care. Active consumer-patients challenge the society to hold a discussion of the patient s choice, participation in care decision-making and participation in health care policy in general. Their transformation into customers and consumers implies not only a new division of individuals roles and powers, but also contributes to changing relationships between system level roles: between citizens and the state and between public and private health care. This phenomenon raises various issues related to health care policy. In conclusion, topics are presented for discussion, practical measures and further research. Keywords: health care, consumerism, distribution of technologies, commercialisation, physicians, patients, consumers, patient s choice, patient s role.

Visionary Portrait.

The expressionist head of a young man emerges from the dark shadows. His face is a long oval, with full lips and strongly flared nostrils, framed by black hair and small black beard.

Richard Cohen Associates records, undated, 1961-1999.

Contains primarily press releases and news clippings produced and collected by the public relations firm that served a wide diverse range of Jewish organizations, including the American Jewish Congress, World Jewish Congress, Conference of Presidents of Major American Jewish Organizations, American Zionist Movement, and the Union of American Hebrew Congregations. Material documents almost every significant event in contemporary Jewish history; focusing primarily on events occurring in Israel, United states, and Russia. Among the areas of interest include Jewish homosexual rights, disabled rights, Orthodox feminism, African-American and Jewish relations, interfaith relations, Holocuast remembrance, and the marketing of Jewish filmmakers, writers, sculptors, painters, and musicians.

Kansankirkko, uskonnonvapaus ja valtio : Suomen evankelis-luterilaisen kirkon kirkolliskokouksen tulkinta uskonnonvapaudesta 1963-2003

A national church, freedom of religion, and the state The interpretation of freedom of religion formulated by the Synod of the Evangelical Lutheran Church of Finland in reference to the relationship between the Church and the state from 1963 to 2003 This paper discusses the interpretation of freedom of religion formulated by the Synod of the Evangelical Lutheran Church of Finland during the years 1963-2003. The effect of these formulations and decisions made by the Synod on the relationship between the Church and the state is also discussed as the relationship has been a central issue in the debate about freedom of religion in Finland. Active co-operation with the state caused a dispute in the Church during this period. Another cause for concern for the Synod, a strong defender of the national church, was the weakening position of the Church in a society undergoing many changes. As the Synod of 1963 discussed the status of the Church, the Church began to reflect upon its identity as a national church, and to evaluate freedom of religion in the country, as well as the relationship between the Church and the state. Some of the radicals of the 1960s and 1970s presented the Church as an obstacle to freedom of religion. The Synod was keen to emphasize that, in accordance with international agreements on human rights, freedom of religion means the freedom to have and follow a religion, and also that freedom of religion was a right of the majority in Finnish society. As an active guardian of the rights of its members, the Synod defended such issues as the teaching of religion in schools. Throughout the dispute, the Church focused on its right to act freely and, according to its identity, to express spirituality in the society. At the end of the 1960s, several efforts to reform the law on the freedom of religion and the relationship between the Church and the state gained favour in the Synod. These formulations of the Church were the basis for the work of a parliamentary committee in the 1970s, but no significant changes resulted. Instead, freedom of religion in Finland was judged to be fairly good. The committee paper did, however, lead to preparations for greater independence of the Church. The Synod at the time chose to react to the changes presented to it, but it was not before the 1990s that the Synod became an active force of reform in these matters. Though the Synod, particularly from the 1970s onwards, began clearly to favour the improvement of the position of other religious communities in Finland, it felt it had reason to be cautious as each church and religious community had the freedom to decide individually its relationship with the state. Any changes that would have weakened the position of the Church in Finnish society were met with disapproval in the Synod. Even though some theological concerns regarding the national identity of the Church were raised, the Synod emphasized issues of church policy. Keen to preserve and protect its legal status in society, the Synod judged that this status supported the freedom of action enjoyed by the Church as well as the freedom of religion.

Kirkko, Kekkonen ja kommunismi poliittisina kriisivuosina 1958-1962

This study explores the relationship of the Evangelical Lutheran Church of Finland to communism and political power during the period of crises in Finnish foreign relations with the Soviet Union from 1958 to 1962. During this period the USSR repeatedly interfered in Finland´s domestic affairs and limited her foreign political freedom of action. The research subjects for this dissertation are the bishops of the Church of Finland and the newspaper Kotimaa, which can be regarded as the unofficial organ of the church at the time. A typical characteristic of the Church of Finland from the beginning of the twentieth century was patriotism. During the interwar years the church was strongly anti-communist and against the Soviet Union. This tendency was also evident during the Second World War. After the war the Finnish Church feared that the rise of the extreme left would jeopardize its position. The church, however, succeeded in maintaining its status as a state church throughout the critical years immediately following the war. This study indicates that, although the manner of expression altered, the political attitude of the church did not substantially change during the postwar period. In the late 1950s and early 1960s the church was still patriotic and fear of the extreme left was also evident among the leaders of the church. The victory of the Finnish People's Democratic League in the general election of 1958 was an unwelcome surprise to the church. This generated fear in the church that, with Soviet support, the Finnish communists might return to governmental power and the nation could become a people's democracy. Accordingly, the church tried to encourage other parties to set aside their disagreements and act together against the extreme left throughout the period under study. The main characteristics of the church´s political agenda during this period of crisis were to support the Finnish foreign policy led by the president of the republic, Urho Kekkonen, and to resist Finnish communism. The attitude of Finnish bishops and the newspaper Kotimaa to the Cold War in general was generally in agreement with the majority of western Christians. They feared communism, were afraid of the USSR, but supported peaceful co-existence because they did not want an open conflict with the Soviets. Because of uncertainties in Finland's international position the Finnish Church regarded it as necessary to support the Finnish policy of friendship towards the USSR. The Finnish Church considerer it unwise to openly criticize the Soviet Union, tried resist the spread of communism in Finnish domestic policy. This period of foreign policy crises was principally seen by the church as a time when there was a need to strengthen Finland's unstable national position.

Vähemmistövaltiokirkon synty : Ortodoksisen kirkkokunnan ja valtion suhteiden muotoutuminen Suomessa 1917-1922

The Birth of the Minority State Church Development of the legal relationship between the state of Finland and the Finnish Orthodox Church 1917 1922 Mika Nokelainen, University of Helsinki, Finland. The present research seeks to explain how the legal relationship developed between the state of Finland and the Orthodox Church of Finland. The main focus is on three statutes: 1) the Statute of the Orthodox Church in Finland as stated by Prime Minister J. K. Paasikivi s cabinet in November 1918, 2) The Republican Constitution of July 1919 and 3) The Freedom of Religion Act of 1923. This study examines how different political goals influenced the three statutes mentioned above. Another important factor that is taken into account is the attitude of the Lutheran Church of Finland, the church of the national majority, towards the Orthodox minority and its judicial position in the country. Finland became independent in December 1917, in the aftermath of the November Revolution in Russia. The Orthodox Church already had hundreds of years of history in Finland. In the 19th century, several statutes by emperors of Russia had made the Orthodox Church an official state church of Finland. Due to the long history of the Orthodox Church in Finland, Prime Minister Paasikivi s cabinet made the decision to support the church in the spring of 1918. Furthermore, the cabinet s goal to occupy East Karelia increased its willingness to support the church. The Finnish-national Orthodox Church was needed to educate the East-Karelians. A new statute on the Orthodox Church in Finland came into force in November 1918, reorganising the administration, economy and legal relationship between the church and state in Finland. With this statue, the cabinet gained some authority over the church. Sections of this statute made possible, for example, the cabinet s interference in the internal affairs of the church. The Republican Constitution of 1919 included the principle of freedom of religion. The state, which previously had been Lutheran, now became non-denominational. However, the Republican Constitution explicitly mentioned the Lutheran as well as the Orthodox Church, which indirectly confirmed the position of the Orthodox Church as the second state church of Finland. This position was finally confirmed by the Freedom of Religion Act in 1923. In general, the Lutheran Church of Finland did not resist the judicial position of the Orthodox Church. However, some Lutherans regarded the Orthodox Church with suspicion because of its intimate connection with Russia.

Kansankirkko, uskonnonvapaus ja valtio : Suomen evankelis-luterilaisen kirkon kirkolliskokouksen tulkinta uskonnonvapaudesta 1963-2003

A national church, freedom of religion, and the state The interpretation of freedom of religion formulated by the Synod of the Evangelical Lutheran Church of Finland in reference to the relationship between the Church and the state from 1963 to 2003 This paper discusses the interpretation of freedom of religion formulated by the Synod of the Evangelical Lutheran Church of Finland during the years 1963-2003. The effect of these formulations and decisions made by the Synod on the relationship between the Church and the state is also discussed as the relationship has been a central issue in the debate about freedom of religion in Finland. Active co-operation with the state caused a dispute in the Church during this period. Another cause for concern for the Synod, a strong defender of the national church, was the weakening position of the Church in a society undergoing many changes. As the Synod of 1963 discussed the status of the Church, the Church began to reflect upon its identity as a national church, and to evaluate freedom of religion in the country, as well as the relationship between the Church and the state. Some of the radicals of the 1960s and 1970s presented the Church as an obstacle to freedom of religion. The Synod was keen to emphasize that, in accordance with international agreements on human rights, freedom of religion means the freedom to have and follow a religion, and also that freedom of religion was a right of the majority in Finnish society. As an active guardian of the rights of its members, the Synod defended such issues as the teaching of religion in schools. Throughout the dispute, the Church focused on its right to act freely and, according to its identity, to express spirituality in the society. At the end of the 1960s, several efforts to reform the law on the freedom of religion and the relationship between the Church and the state gained favour in the Synod. These formulations of the Church were the basis for the work of a parliamentary committee in the 1970s, but no significant changes resulted. Instead, freedom of religion in Finland was judged to be fairly good. The committee paper did, however, lead to preparations for greater independence of the Church. The Synod at the time chose to react to the changes presented to it, but it was not before the 1990s that the Synod became an active force of reform in these matters. Though the Synod, particularly from the 1970s onwards, began clearly to favour the improvement of the position of other religious communities in Finland, it felt it had reason to be cautious as each church and religious community had the freedom to decide individually its relationship with the state. Any changes that would have weakened the position of the Church in Finnish society were met with disapproval in the Synod. Even though some theological concerns regarding the national identity of the Church were raised, the Synod emphasized issues of church policy. Keen to preserve and protect its legal status in society, the Synod judged that this status supported the freedom of action enjoyed by the Church as well as the freedom of religion.

Ennaltamäärätty kääntymys: Predestinaatio ja vapaan tahdon ongelma Jonathan Edwardsin teologiassa

Tämän tutkielman tehtävänä on ollut selvittää onko ihmisellä vapaata tahtoa Jonathan Edwardsin mukaan. Lähteenäni minulla on ollut Edwardsin Freedom of the Will -teos sekä Miscellaneous- sarjasta Concerning the Divine Degrees -kirjoitus. Metodina minulla on ollut systemaattinen analyysi. Edwardsin taustana oli puritanismi. Esimerkiksi sakramenteilla ei ollut puritanismin piirissä samaa ratkaisevaa merkitystä uskon synnyttäjänä ja ylläpitäjänä kuin perinteisissä kristillisissä kirkoissa oli ollut. Puritanistien keskeinen armonväline oli saarna. Saarnalla pyrittiin vaikuttamaan ihmisen tahtoon antamalla rationaalisia perusteita Raamatun pelastustapahtumasta. Tämä on nähtävissä myös Jonathan Edwardsin teologiassa. Deismi ja valistus vaikuttivat myös Edwardsin aikaiseen ajatteluun voimakkaasti. Edwardsin Berkeleytä muistuttava idealismi kuitenkin takasi sen, että Jumala ei irronnut maailmasta vaan oli kaikessa koko ajan läsnä. Erityisesti Locke Newtonin luonnontieteiden filosofina vaikutti Edwardsin filosofiseen ajatteluun tahdon vapaus -kysymyksen osalta. Edwards pyrki Locken ja Newtonin avulla puolustamaan perinteistä kalvinistista kristillisyyttä. Tämän kilpailijaksi puritanismin piirissä oli tullut ajan henkeen sopiva järkiperäinen arminiolaisuus, joka edusti myös anti-revivalismia. Tähän arminiolaisuuteen liittyi perinteisistä kristillisistä opeista luopuminen. Tämä arminiolaisuus oli kehittynyt antropologisempaan suuntaan Remonstranssin ajoista korostaen ihmisen vapaita tahdon akteja. Näin ihminen pystyi päättämään uskoiko hän vai ei. Edwardsille usko ja pelastuminen perustuivat Jumalan valintaan, jossa kolmiyhteinen Jumala otti ihmisen yhteyteensä. Tämä kääntymys ilmeni kommuuniona ja uniona Kristuksen kanssa. Edwardsin ajattelua tahdon vapauden osalta avaa kompatibilismi. Kompatibilismin mukaan ennaltamäärääminen ei ole ristiriidassa vapaan tahdon kanssa, vaan päinvastoin sen lähtökohta ja perusta. Kääntymissä olemme eri näkökulmista täysin passivisia ja täysin aktiivisia. Kompatibilismin myötä Edwardsin kirjoitusten pohjalta pystytään johtamaan ennalta määrätty uskonratkaisu. Myöhemmin Edwardsin seuraajat New Lights harppasivat ironisesti arminiolaiseen suuntaan korostaen juuri uskonratkaisua. Vaikka Jumalalla on sanan varsinaisessa merkityksessä vapaa tahto, niin silti Hän toimii välttämättä pyhästi. Samoin Jeesus Kristus on linkkinä ihmisten välttämättömälle, mutta vastuulliselle toiminnalle. Jeesuksen valinta on kaikkien pyhien valinnan perusta. Ne, jotka Jumala hylkää helvettiin saavat oikeudenmukaisen rangaistuksen, koska Jumala rankaisee heissä itsessään olevaa pahaa. Se, miksi Jumala valitsee toiset ja hylkää toiset, kuuluu Jumalan salattuun tahtoon. Jumalan ilmoitetun tahdon mukaan Hän tahtoo kaikkien pelastuvan. Arminiolaiset hylkäävät ennaltamääräämisen, mutta hyväksyvät ennalta tietämisen. Edwardsille nämä ovat sama asia. Edwardsin mukaan välttämättömyys ei ole ristiriidassa vapauden kanssa. Luonnollisella ja moraalisella välttämättömyydellä on yhteys. Arkikielessä moraalista välttämättömyyttä ei oleteta. Koko tahdon vapaus -kysymys on pitkälti kielellinen. Arkikielessä ja filosofisessa kielessä on ero. Tahto ei ole agentti, joka voi valita itsenäisesti. Vapaus on ihmisen, ei tahdon ominaisuus. Siksi kysymys tahdon vapaudesta tulisi esittää onko ihminen vapaa. Edwards ja arminiolaiset ymmärtävät vapauden eri tavoin. Edwardsin mukaan tahdolla on oltava alku, eikä tahto voi koskaan arminiolaisten tavoin neutraali. Arminiolaiset hylkäävät perisyntiopin klassisessa merkityksessä, mistä seuraa erilainen lähtökohta. Sellaisena kuin arminiolaiset esittävät vapaan tahdon, meillä ei sitä Edwardsin mukaan ole. Vaikka kaikki tapahtuu Edwardsin mukaan välttämättä, niin silti olemme vastuullisia moraalisia agentteja.

Nonquantum Entanglement Resolves a Basic Issue in Polarization Optics

The issue raised in this Letter is classical, not only in the sense of being nonquantum, but also in the sense of being quite ancient: which subset of 4 X 4 real matrices should be accepted as physical Mueller matrices in polarization optics? Nonquantum entanglement or inseparability between the polarization and spatial degrees of freedom of an electromagnetic beam whose polarization is not homogeneous is shown to provide the physical basis to resolve this issue in a definitive manner.

Internet privatization, WikiLeaks, and free expression

In late 2010, the online nonprofit media organization WikiLeaks published classified documents detailing correspondence between the U.S. State Department and its diplomatic missions around the world, numbering around 250,000 cables. These diplomatic cables contained classified information with comments on world leaders, foreign states, and various international and domestic issues. Negative reactions to the publication of these cables came from both the U.S. political class (which was generally condemnatory of WikiLeaks, invoking national security concerns and the jeopardizing of U.S. interests abroad) and the corporate world, with various companies ceasing to continue to provide services to WikiLeaks despite no legal measure (e.g., a court injunction) forcing them to do so. This article focuses on the legal remedies available to WikiLeaks against this corporate suppression of its speech in the U.S. and Europe since these are the two principle arenas in which the actors concerned are operating. The transatlantic legal protection of free expression will be considered, yet, as will be explained in greater detail, the legal conception of this constitutional and fundamental right comes from a time when the state posed the greater threat to freedom. As a result, it is not generally enforceable against private, non-state entities interfering with speech and expression which is the case here. Other areas of law, namely antitrust/competition, contract and tort will then be examined to determine whether WikiLeaks and its partners can attempt to enforce their right indirectly through these other means. Finally, there will be some concluding thoughts about the implications of the corporate response to the WikiLeaks embassy cables leak for freedom of expression online.

Communication and Political Crisis: Media, Politics and Governance in a Globalized Public Sphere

Communication and Political Crisis explores the role of the global media in a period of intensifying geopolitical conflict. Through case studies drawn from domestic and international political crises such as the conflicts in the Middle East and Ukraine, leading media scholar Brian McNair argues that the digitized, globalized public sphere now confronted by all political actors has produced new opportunities for social progress and democratic reform, as well as new channels for state propaganda and terrorist spectaculars such as those performed by the Islamic State and Al Qaeda. In this major work, McNair argues that the role of digital communication will be crucial in determining the outcome of pressing global issues such as the future of feminism and gay rights, freedom of speech and media, and democracy itself.