What kind of world is this? Where judges in the highest
courts say we must live in ignorance. Ignorance of truths. Truths
fundamental to our very being. Like which celebrity's spouse
had a threesome that may or may not have involved a paddle pool
full of olive oil.
Over in Merry Ol' England there are laws recognising and
protecting people's right to privacy. We don't have laws
like that in Australia. But over there you can get injunctions
preventing the publication of private matters, naming of names and
the like. You can sometimes even get an injunction that is so
secret that you can't even publish the fact that an injunction
has been issued. Those ones are called super-injunctions.
The thing is that none of these privacy injunctions is actually
very super. They're the opposite of super. We like to call
them...unsuper-injunctions. The internet is largely to blame. A
privacy injunction only has effect in the jurisdiction in which it
is issued. So in practical terms, all this threesome injunction is
doing is stopping the English press from publishing the same
details as people can find outside the country or on the
Rupert Murdoch's 'Sun on Sunday' said that the
injunction was meaningless and that the law was an ass because it
couldn't actually protect the plaintiffs in the age of internet
publication. The UK Supreme Court accepted that the injunction did
not offer complete protection, but would not accept that
publication outside its jurisdiction was reason enough to remove
That has to be the right approach, at least for now. The
alternative is to throw up our hands, say it's all too hard and
resign ourselves to digital anarchy. As to a long term solution?
We're not sure. Maybe the internet needs its own, global
jurisdiction. Chief Justice Grumpy Cat will preside.
We do not disclaim anything about this article. We're
quite proud of it really.
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Privacy issues require a considered strategy where sets of big data come with ever-increasing regulatory obligations.
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