FC: Scientology says it's threatened by "unadulterated cyber-terrorism"

From: Declan McCullagh (declanat_private)
Date: Mon Aug 26 2002 - 11:06:09 PDT

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    [In a followup message, Linda gave me permission to redistribute the Church 
    of Scientology's position paper on copyright and free speech. I thank her 
    for engaging in this discussion. Previous Politech message, from this 
    spring: http://www.politechbot.com/p-03281.html --Declan]
    
    ---
    Date: Mon, 26 Aug 2002 10:48:30 +0100
    To: Declan McCullagh <declanat_private>
    From: mediarelationsdirat_private
    Subject: Re: Church of Scientology position paper
    
    TO:    Declan McCullough
    
    I can see from your writings that you have a strikingly different view of 
    the DMCA that we do. Your inclusion of the Church in some of your articles, 
    without finding out what actions we take and why, calls for a revisit of 
    the subject. I am happy to provide you with a position paper that lays out 
    quite simply our view on the issue of copyright protection on the Internet.
    
    Please let me know if you have any questions.
    
    Linda
    
    
    Linda Simmons Hight
    Media Relations Director
    Church of Scientology International
    6331 Hollywood Blvd. Suite 1200
    Los Angeles, CA 90028-6329
    Phone (323) 960-3500
    Fax     (323) 960-3508
    e-mail: mediarelationsdirat_private
    
    
    
    
      CHURCH OF SCIENTOLOGY INTERNATIONAL STATEMENT
       REGARDING COPYRIGHT INFRINGERS AND GOOGLE
    
    
          Media reports reflecting partisan opinions and incorrect 
    interpretations concerning Google's decision to remove links to web
    pages containing copyright infringements have largely obfuscated the real 
    issues.  Thus, we are providing this clarification.
    
    I.  THE CHURCH OF SCIENTOLOGY AND THE INTERNET
    
          Scientology churches have always supported the Internet.  The Church 
    uses the Internet in its dissemination of the Scientology
    religion to the people of the world.  We recognize the Internet as a 
    brilliant technological advance in the field of communication; its
    benefits far outdistance any down sides.  The latter are not inherent in 
    the Internet but are the result of abusive or unlawful misuse of the
    Internet by particular individuals.
    
          The Church has established a significant multimedia Internet presence 
    since its launch in 1996 of one of the largest and most
    technically advanced web sites.  Our sites comprise more than 140,000 
    individual pages of material and include virtual tours of our major
    churches, images, multimedia files, and text.  These sites are also 
    available in most major languages, with new languages being added as
    fast as the translations can be done.  They are visited by a million people 
    each month.
    
          The potential of the Internet to link individuals from all corners of 
    the world and unify diverse cultures and nationalities makes it a
    priceless resource for improving understanding among peoples.
    
    II.  ABUSE ON THE INTERNET
    
          The freedom provided by the Internet is open to abuse, as the 
    experience of the last decade has shown.  Unless certain rules are
    applied on the Internet, our desired global freedom to communicate and 
    exchange information will be corrupted by cyber-terrorism that often
    masquerades as free-speech activism.  Thus, limitless "tolerance" of abuse 
    will inevitably bring on overregulation if a few dishonest
    individuals are allowed to flout the law and corrupt this communication 
    medium for everyone.  In any event, those who were victimized or saw
    their rights violated will sooner or later rise to defend themselves and 
    lawfully restore their interests.
    
          In this regard, Scientology churches have taken actions to defend 
    their rights and the rights of their members on the Internet.  Church
    actions are confined to two circumstances:
    
          1.  Violations of the Church's intellectual property rights
          2.  Hate speech that advocates violence against the Church or its members
    
          While these are separate issues, they do have one notable factor in 
    common: neither one involves ~protected~ free speech.  How ironic,
    therefore, that more often than not, when a Scientology church moves to 
    remedy such a wrong, these unlawful infringements are immediately
    redefined as "free speech" issues.  Nothing could be further from the 
    truth.  The determination to protect copyrighted works from unlawful
    copyright violation has nothing to do with whether the infringing work is 
    critical or laudatory of Scientology.
    
          The same holds true for the second phenomenon: hate speech that 
    advocates violence.
    
           Threatening speech or expressions calculated to incite hate enjoy no 
    protection under the Constitution.  Robust critical speech should
    always be sheltered by the First Amendment, as long is it does not trample 
    the boundaries created by law and jurisprudence in an effort to
    protect the people from improper verbal abuse and its adverse consequences.
    
    
        III. COPYRIGHT ISSUES AND THE INTERNET
    
          Since the founding of the first church of Scientology in 1954, 
    Scientology churches around the world have consistently championed all
    forms of freedom.  This includes being one of the first to expose the 
    existence of South African psychiatric slave-labor camps during the
    apartheid era, and the atrocities committed on the people of 
    Bosnia-Herzegovina in the name of "ethnic cleansing." Scientology
    churches were pioneers in the development of the U.S.  Freedom of 
    Information Act and used that law to uncover secret U.S.  government
    chemical and biological warfare experiments that had been perpetrated on 
    the American people.  The Church's human rights journal, Freedom Magazine, 
    has won numerous awards for its journalistic integrity and its courageous 
    work in protecting the rights of minorities.
    
          The Church's own creed states that "all men have inalienable rights 
    to think freely, to talk freely, to write freely their own opinions and
    to counter or utter or write upon the opinions of others."
    
          In addition, Scientologists honor free speech as a cherished 
    Constitutional right.
    
          But free speech does not mean freedom to perpetrate a crime.  No 
    matter how disingenuously copyright violations are postured as an
    exercise of "free speech," the unlawful use of protected works was, is, and 
    will continue to be a crime.  If an individual walked into a book
    store and took away and sold volumes of an author's writings, or simply 
    gave them away as part of a super-communist phantasm designed for a 
    shared-and-equal-wealth Utopia, would any rational person defend this act 
    of theft as "free speech"?  Of course not.  They would call the
    police.
    
          Enshrined in the United States Constitution, and preceding the First 
    Amendment, is an author's right to determine the manner and extent
    of the dissemination of his writings.  The Constitution authorized Congress 
    "to promote the progress of science and useful arts, by
    securing for limited times to authors and inventors the exclusive right to 
    their respective writings."
    
          Creativity is encouraged when those who engage in it can enjoy the 
    fruits of their efforts and control the use of those creations.  An
    author has the right to determine whether his words will be published, by 
    whom and to what extent.  In this way, intellectual property rights
    and free expression coexist as fundamental rights.
    
          The Digital Millennium Copyright Act provides a mechanism that helps 
    this coexistence to be peaceful.
    
          When it became obvious during the last decade that copyright owners' 
    determination was being tested by a spate of unauthorized
    distribution of their works over the Internet, the importance of protecting 
    both copyright owners and Internet Service Providers (ISPs)
    from potential adverse consequences became glaringly evident.  In a 
    landmark lawsuit brought by two Scientology-affiliated organizations,
    the US District Court for the Northern District of California agreed with 
    their contention that ISPs may be liable for contributory copyright
    infringement once they are made aware that infringements are maintained on 
    their systems.  The judge's ruling resulted in a notice-and-takedown 
    procedure to remedy copyright infringements.
    
          This notice-and-takedown procedure became an important aspect of the 
    Digital Millennium Copyright Act.  It provides the copyright owner
    with a remedy and absolves ISPs from responsibility for content and 
    liability if they remove infringing materials, while depriving the
    violator of the means to perpetrate his unlawful activity.  The DMCA has 
    thus brought order to one area of the Internet that was in utter turmoil
    prior to the Act.
    
    
    IV. GOOGLE CHILLS
    
          In March 2002, acting according to the provisions of the Digital 
    Millennium Copyright Act, the Church asked Google to remove their links
    to certain specific copyright infringements.  Google responded by 
    eliminating the links.  These actions on both sides were routine and
    carried out pursuant to the DMCA.
    
          However, this time the often unpredictable currents of the Internet 
    pushed Google out of the routine and into a storm of protest.  Taken
    aback by this reaction, Google rapidly moved to put the Church's cease and 
    desist letters up on a public website.  If the intent of this action
    was to appear "politically correct" or to chill the Church's dedication to 
    defend the copyrighted works of the Scientology religion, no adverse
    affect has been created.  In fact, the Church views it favorably that 
    anyone who is interested can see the letters for themselves,
    uninfluenced by the hysterical rhetoric that was used by some media to 
    mischaracterize their content and import.
    
          We are scarcely alone in utilizing the DMCA to protect our 
    intellectual properties.  Considering that hundreds of cease and desist
    letters are generated by copyright owners every day, it is oddly 
    disproportionate that so much attention has been focused on the handful
    sent out by Scientology churches.
    
          Record companies have used copyright law to halt the pirating of 
    Digital Video Discs.  The Motion Picture Association of America has
    endeavored for years to prevent the unlawful copying of video games and 
    movies.  One company in the United Kingdom reports that in the past two 
    years it has caused the removal of more than 5 million infringing computer 
    files containing material belonging to its clients.  They send out DMCA 
    letters to American ISPs as a routine.
    
    
             V. FREE SPEECH VS. HATE SPEECH
    
          It has long been an established legal principle that open incitement 
    to violence against another is not protected by the First
    Amendment, neither on nor off the Internet.
    
          If an individual shouted from his rooftop that he was going to throw 
    a bomb through his neighbor's window, no one would accuse the
    intended victim of attempting to stifle free speech when he called the police.
    
          Hate speech is also a factor that often motivates the Church in its 
    actions.  Unfortunately it usually remains unreported by media, thus
    depriving the public of the full picture.
    
          It has been necessary to take legal action on several occasions due 
    to threats and actual violence against our churches.  Hate speech and 
    extremist propaganda on the Internet have repeatedly driven unstable 
    individuals to commit felonious acts against Church members and Church 
    property, as in these examples:
    
          o A Scientology Church was fire-bombed twice with a dozen molotov 
    cocktails doing extensive damage to the front of the church.
    
          o A staff member was stalked and shot at.
    
          o A crazed gunman went into a church and shot a pregnant staff member 
    whose unborn child suffered fatal birth defects and later died.
    The woman is now paralyzed.  He then set fire to the building and took 
    another female staff member hostage.
    
          o Individuals became inflamed by venom spewed online and then sent 
    out death threats.
    
          o An individual was convicted for threatening and intimidating 
    Scientologists through the Internet.  He then fled the country to avoid
    sentencing.
    
          o Police intercepted a man with explosives in his van, who, it was 
    discovered by the officers, was enroute to assassinate the president of
    a Church of Scientology.
    
          o A man constructed a mail bomb and hid it in one of our churches. It 
    was detected and defused before it went off.
    
          If these acts are carried out against U.S.  citizens by Al Qaeda, it 
    is called terrorism.  Within the microcosm of the alternative
    newsgroups, Scientologists face a form of unadulterated cyber-terrorism, no 
    matter how loudly its perpetrators try to disguise themselves as
    "free speech" advocates.
    
    
       * * * * *
    
          Ultimately, the only guarantee of safeguarding the Internet's 
    potential resides with all who use it.  We share the responsibility of
    ensuring that abuses by a largely lawless minority are not permitted to 
    burden all of us with over regulation.  We submit that had it not been
    for a few lawless individuals, online copyright regulation would not even 
    have been necessary; ample copyright law already existed.  It is up
    to the law-abiding majority to ensure the Internet remains truly free.
    
          We welcome the opportunity to work with any individuals and 
    organizations seeking the goal of a lawful, safe and vastly beneficial
    Internet for all.
    
    For more information, visit www.scientology.org
    
    
    April 2002
    
    Linda Simmons Hight
    Media Relations Director
    Church of Scientology International
    6331 Hollywood Blvd. Suite 1200
    Los Angeles, CA 90028-6329
    Phone (323) 960-3500
    Fax     (323) 960-3508
    e-mail: mediarelationsdirat_private
    
    
    
    
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