Various friends have brought my attention to this rather disturbing article on the BBC:
There is so much wrong with this story I’m not quite sure where to begin, for a change I don’t find myself disagreeing with Penny Reds take on the matter. So I shall leave much of that side of things alone.
Instead a few other things that struck me, though obviously there’s not that much detail to be sure but I do have to wonder why the MSN logs were given such credibility, where they forensically retrieved from the MSN servers? Because the logs on the local computer are just plain text files and remarkably easy to edit. My suspicion would be that these logs haven’t been handled forensically and verified, and that the prosecution should have had them chucked out on that grounds alone rather than using them as an excuse to throw the case. The judge should also have known better, and a decent prosecution surely should have alerted the jury to the possibility of a perverse verdict, if they couldn’t get the logs thrown out (or even just argued that they didn’t change a thing).
I’m deliberately ignoring the whole issue of discussing any sort of fantasy with someone does not count as consent (as that should I hope be self evident) – though I do wonder how much of a precedent this could set for wearing various items of currently fashionable clothing with various indiscreet words written on them. Are “kiss me” hats now a legal invitation?
The thing I’m really wondering though is just how far this could be extended, especially once the powers that be are monitoring everything. Would saying you’ve “had enough” be grounds for euthanasia, could you be press ganged for saying you wanted to “give <random approved state enemy> what for”. Just how much consent does discussing something hypothetical terms now provide? And I also can’t help but think that this is somewhat at odds with events in the Girls scream aloud case. Admittedly one case doesn’t make a strong precedent, but this really does seem to me to be quite a worrying development, especially if the powers that be do ever get their panopticon of internet monitoring.