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  #21  
Old 13.09.2011, 23:09
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Re: Man jailed for 'Trolling'

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There are many precedents. One can argue that writing something on the Internet is the same as taking an electric megaphone and broadcasting it in a public area. That would leave many avenues open to prosecutors...

The law is clear here. It allows no difference between on line and real life. Hateful actions occur in both, have similar consequences in both and should be treated equally. Internet libel cases exists, Internet copyright cases exist , most laws , slowly are now including the internet. There is no hiding here.

The trouble lies , in that the Internet grew up in an anarchic fashion, people became used to acting in any manner they saw fit without consequence. It took a while for the judiciary and law to catch up, but catching up they are.

In this case, a man walking down the street cursing and insulting everyone, suffering from Asperger's is understandable. A healthy man walking down the street cursing and shouting at everyone is guilty of many petty crimes. Both men are guilty in the eyes of the law, but mitigating circumstances and sentencing discretion allows for Judges to take all circumstances into consideration and sentence accordingly.

It is not called the Information highway for nothing. The Internet is our high street, and people are being advised to act accordingly.
oh i dunno. Maybe if we start putting people in jail for not being nice. Or being rude, then people will be nicer to eaxh other.
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  #22  
Old 13.09.2011, 23:13
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Re: Man jailed for 'Trolling'

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oh i dunno. Maybe if we start putting people in jail for not being nice. Or being rude, then people will be nicer to eaxh other.
...and how may jails would we need, and what will we do when everybody is in a jail ?
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  #23  
Old 13.09.2011, 23:14
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Re: Man jailed for 'Trolling'

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If you continue reading the wiki article it will also state that people with Asperger's are not intellectually challenged. Even if they lack empathy they are able to learn what society considers to be 'normal behavior'.

I agree that jail doesn't help anyone and it is a pity that he wasn't offered trainings in behavorial techniques after his first offense. That might have saved many people from suffering unnecessary pain.
How long does it take to learn, and was he given training ?
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  #24  
Old 13.09.2011, 23:25
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Re: Man jailed for 'Trolling'

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How long does it take to learn, and was he given training ?
No idea how long it takes, and the article didn't state whether he received behavorial training. That's why I wrote "might....".

On a different note, is it actually socially acceptable behavior to tell the parents of teenagers who have either been stabbed or committed suicide to "HTFU"?
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  #25  
Old 13.09.2011, 23:29
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Re: Man jailed for 'Trolling'

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No idea how long it takes, and the article didn't state whether he received behavorial training. That's why I wrote "might....".

On a different note, is it actually socially acceptable behavior to tell the parents of teenagers who have either been stabbed or committed suicide to "HTFU"?
It is a different note, and far too much of a tangent from the salient points of this discussion to even merit a reply to your question. I do not want to compare violent youths stabbing people to someone with with Asperger's insulting someone, and how parents should feel in both cases.
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  #26  
Old 13.09.2011, 23:31
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Re: Man jailed for 'Trolling'

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I'm not seeing the crime here. I'm reading about an asshole, who should be taught some manners and have his feelings stamped on, but I'm not seeing how the state ought to prosecute "virtual crimes" other than the those that already exist, like the distribution of banned pornography.

There's a fine line between the reality of actual crime and the supposed emotional fallout of someone just writing jibes to shock. There are kids wearing T-shirts that I'm sure offend many, just like rap artists singing about their domination of women. Are we going to turn to the state and expect national retribution every time that someone hurts our feelings with some throwaway comment on the net?

Find me a legal definition of "to hurt someone's feelings" and then sentence accordingly - I don't think so.
I would imagine he was done for on Public Order legislation. Harassment & Disorderly Behavior spring to mind, but there could have been other offenses. Possibly even Incitement to Hatred. You could probalby look up the actual judgement to see.
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Old 13.09.2011, 23:37
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Re: Man jailed for 'Trolling'

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I would imagine he was done for on Public Order legislation. Harassment & Disorderly Behavior spring to mind, but there could have been other offenses. Possibly even Incitement to Hatred. You could probalby look up the actual judgement to see.
Without going into the case itself...

Under section 1 of the Malicious Communications Act 1998 it is an offence to send an indecent, offensive or threatening letter, electronic communication or other article to another person and sections 85 Postal Services Act 2000 or s127 Communications Act 2003

EDIT: "Duffy - who did not know any of his victims - pleaded guilty to two counts of sending malicious communications, relating to Natasha, at an earlier hearing."
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  #28  
Old 14.09.2011, 07:41
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Re: Man jailed for 'Trolling'

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If you continue reading the wiki article it will also state that people with Asperger's are not intellectually challenged. Even if they lack empathy they are able to learn what society considers to be 'normal behavior'.
That is my point, they even usually show above average IQs
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  #29  
Old 14.09.2011, 07:54
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Re: Man jailed for 'Trolling'

Much as I understand the predicament of Asperger sufferers not being able to relate to the reactions of others, this guy must have been aware he would cause upset, otherwise he wouldn't have done it in the first place. To intentionally seek out memorial facebook pages and the like of dead teenagers (who he didn't know) and post detailed and distressing images and videos is a long way from making an inappropriate and insulting post. I think he deliberately went out to upset for the hell of it.
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  #30  
Old 14.09.2011, 08:32
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Re: Man jailed for 'Trolling'

Sorry, I don't see where he's broken the law. The guy is a prick and/or needs help, but being insensitive or having bad taste isn't illegal. Heck most of us would be behind bars were that the case. I just don't see how that is breaking the law - clearly the police and judge think otherwise, but I agree with Assassin that this sets a dangerous precedent - especially in the UK law system.

I noted that the family were "outraged, disgusted and hurt". I would have expected a different order somehow.

Last edited by Carlos R; 14.09.2011 at 10:39. Reason: iphone typos
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  #31  
Old 14.09.2011, 08:46
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Re: Man jailed for 'Trolling'

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Sorry, I don't see where he's broken the law.
Your question

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Without going into the case itself...

Under section 1 of the Malicious Communications Act 1998 it is an offence to send an indecent, offensive or threatening letter, electronic communication or other article to another person and sections 85 Postal Services Act 2000 or s127 Communications Act 2003

EDIT: "Duffy - who did not know any of his victims - pleaded guilty to two counts of sending malicious communications, relating to Natasha, at an earlier hearing."
Your answer

I do agree there is a very thin line here that might have been crossed.
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  #32  
Old 14.09.2011, 09:41
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Re: Man jailed for 'Trolling'

So jail a developmentally challenged mong for posting comments online but two chics use date rape drugs to knock out a former lover , pour glue over his genitals and threaten to post pics online if he squawks and they walk away ?
justice , yes ?
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  #33  
Old 14.09.2011, 09:48
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Re: Man jailed for 'Trolling'

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So jail a developmentally challenged mong for posting comments online but two chics use date rape drugs to knock out a former lover , pour glue over his genitals and threaten to post pics online if he squawks and they walk away ?
justice , yes ?
UK justice vs. Swiss justice.
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  #34  
Old 14.09.2011, 09:53
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Re: Man jailed for 'Trolling'

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UK justice vs. Swiss justice.
True enough -let's keep it English then - get your gums around this one :

http://www.telegraph.co.uk/education...her-pupil.html

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Emma Walpole, 28, had accepted lifts from three of her year 13 pupils — aged 17 or 18 — and made sexually provocative comments to one during the journey. She invited another into her home where she tried to give him alcohol and kiss him.
She admitted unacceptable professional conduct. In a ruling published by the General Teaching Council, the committee said that Miss Walpole would be suspended for three months but felt further sanctions were not necessary as she had expressed remorse and it was felt she would not pose a further threat.
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Old 14.09.2011, 09:55
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Re: Man jailed for 'Trolling'

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...and how may jails would we need, and what will we do when everybody is in a jail ?
1. lots (building will help employment)
2. have a big party?
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Old 14.09.2011, 09:58
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Re: Man jailed for 'Trolling'

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True enough -let's keep it English then - get your gums around this one :

http://www.telegraph.co.uk/education...her-pupil.html
Time to step away from this thread...me thinks
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Old 14.09.2011, 10:03
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Re: Man jailed for 'Trolling'

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Time to step away from this thread...me thinks
That's an idea , leave now and don't change your opinion just in case you might get informed and then , in the light of that information change that opinion - I mean that's a good idea because you are SURE that the first opinion was right in the first place. Brilliant.
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Old 14.09.2011, 10:05
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Re: Man jailed for 'Trolling'

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That's an idea , leave now and don't change your opinion just in case you might get informed and then , in the light of that information change that opinion - I mean that's a good idea because you are SURE that the first opinion was right in the first place. Brilliant.
what I meant was, leave now that you came to troll it. BTW do you even read your sentences before posting them? You are more confusing that Wolli!
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  #39  
Old 14.09.2011, 10:09
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Re: Man jailed for 'Trolling'

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True enough -let's keep it English then - get your gums around this one :

http://www.telegraph.co.uk/education...her-pupil.html
What point are you trying to make exactly? The vaguaries and inconsistencies of the Britsih justice system? We all know they exist and however much a bunch of ex-pats pontificate about it, it's not going to change overnight.
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Old 14.09.2011, 10:09
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Re: Man jailed for 'Trolling'

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He needs help, not prison, or help in prison...I don't think he will get it there though.

"Lance Whiteford, mitigating, said Duffy had been diagnosed with Asperger's syndrome at an early age and one of the characteristics was an inability to judge the reaction of others.

He said Duffy had also struggled with alcohol problems and lived "a miserable existence"


Exactly, not that I condone by any means what he did, but Asperger's is a serious syndrome and one of the most common factors is the inability to understand or relate to other people; he physically cannot sympathize. This syndrome has been referred to as ''minor autism''.
I agree, in this case he needs help, not jail...
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