Website pulled on US church that wants to burn Korans [by Rackspace]
google.com
google.com
You may not publish, transmit or store on or via the Rackspace Cloud's network and equipment any content or links to any content that the Rackspace Cloud reasonably believes:
- Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts;
- is excessively violent, incites violence, threatens violence or contains harassing content or hate speech;
- is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- is defamatory or violates a person's privacy;
- creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security or interferes with a investigation by law enforcement;
- improperly exposes trade secrets or other confidential or proprietary information of another person; - is intended to assist others in defeating technical copyright protections;
- infringes on another person's copyright, trade or service mark, patent or other property right;
- promotes illegal drugs, violates export control laws, relates to illegal gambling or illegal arms trafficking;
- is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to the Rackspace Cloud;
- is otherwise malicious, fraudulent or may result in retaliation against the Rackspace Cloud by offended viewers.
Content "published or transmitted" via the Rackspace Cloud's network or equipment includes Web content, email, bulletin board postings, chat and any other type of posting or transmission that relies on the Internet.
I think that site was in clear contradiction with point no. 2
Unless speech contains a credible threat of violence, speech is not itself 'violent'. No reasonable, law-abiding person should see/hear any speech and be thrown into a violent rage. (If they do, they're the person breaching civilized norms deserving punishment -- not the original speaker.)
I understand the business reasons for caving to any sufficiently-large angry mob with grievances. But if more businesses said they didn't censor otherwise legal speech because of emotion of the part of third parties, as a matter of non-discriminatory policy, then it'd be easier for all similar businesses to adhere to the same principle.
Yup. A DDoS attack was almost certainly going their way, and perhaps physical threats as well.
Legally, some judges are wary of this. They call this the "heckler's veto."
I'd say this criterion is clearly met in this case. When you have a general, secretary of state, and President of the United States all saying that this would cause national security issues, and put American troops in more danger, I think it's safe to say that Rackspace isn't really making a subjective decision any more.
So to you and everyone else who seems to be saying "Oh no, what if they stop hosting my site!?!": don't piss off the POTUS (and even then, you'll get a warning first).
That is, a website encouraging people to murder abortion providers would be prohibited, but no reasonable person would consider the church's actions in the same category.
Does Rackspace have the right to pull the plug on anyone they want? I don't know -- that's a contractual issue. It looks like the last point does give them that right. I know I will never consider Rackspace for hosting any news or political website. Is supporting CA prop 19 in violation of their AUP? I don't know. It seems to depend on whether enough people get worked up about it. Would Rackspace have pulled the plug on Craigslist when state AGs start calling them sex traffickers?
Rackspace is now unreliable to anyone who can ever anticipate any controversy.
I think saying this offends their "personal sensibilities" is understating the circumstance. It's now an international issue. They have a right to say it and a right to do it, and other people have an equal right to disassociate themselves from it.
Rackspace has a duty to stay in business. Nonsense of this scale has a lot of power to undermine that duty.
I like Petraeus, but he holds a lot of the responsibility for this getting out of hand. He should have publicly called the guy a meaningless nut who shouldn't be paid attention to, and then privately called him up and kindly told him to knock it off... I'm getting tired of the media sensation around this idiot and the world leaders who are preening over it.
And, of course, the media themselves aren't going to stop publicising it because issues like these (the mosque in Manhattan, blah blah blah) are moneymakers and talking points. You have to wonder if enraged protesters abroad would even know about this nut-job "pastor" of "world outreach" (laughable!) if he had been more or less ignored from the beginning.
I agree this case is more than "personal sensibilities"; I was referring to their AUP in general when I said that, which has much more leeway for banning things. For example, what constitutes "promoting illegal drugs"--- is that only sites that are actually selling drugs, or will they pull the plug on a site advocating drug decriminalization, if the site becomes controversial? Would they pull the plug on xenu.net if it were hosted there? What's the threshhold for creating "a risk to a person's safety or health"? Are extreme-sports sites problematic? Does "assist others in defeating technical copyright protections" include discussions of emulators, or sites that host academic research on DRM schemes? The whole thing just gives me no confidence in hosting anything there.
See USCODE Section 175(k), Chapter 1, Title 4
Terry Jones probably doesn't see this 'DIRECTLY' but if the burning ceremony does happen, I bet it will become the headline speech for radical clerks and recruiters for Al Qaeda and the Taliban for months maybe years to come. We forget that not all non-militants in these areas like the United States...many only seek a more valid reason to join the cause.
It amazes me that this guy who preaches peace and the 10 commandments does not think his actions could lead to the deaths of Christians one way or another. I don't go as far as saying "burning a book does kill troops and civilians overseas" but the indirect result of this action is probably the same.
This is free publicity for radicalists, an event that would be preached as prove America is an enemy of the muslim world and their actions in the middle east are unsincere and what not.
The Pope denounced it, too.
..but that's the problem with all these sorts of debates, isn't it? Everyone is acting on their first, almost instinctual response and never stopping to think beyond their own selfish beliefs and desires. Somehow that seems ironic.
Do not confuse having a right to express your views in an open manner to mean that you do so without being held accountable for those views. What it means is that others cannot stop you from expressing those views, with rare exceptions. It in no way means that others can choose not to do business with you.
1. If you're making reference to the First Amendment, Rackspace cannot offend that. They're a corporation, not a government.
2. Even if you're not, why should Rackspace be forced to host someone's content that violates their AUP (and that they probably find offensive themselves?) If you don't like it, don't purchase their services.
The business relationship is a two way street. Fortunately for Rackspace, they're in a position where they can pick their customers.
Regardless of how you feel about burning Qurans, Rackspace has the right to recognize that one of their hosting customers is doing stupid things as a result of religion – and to decide they want no part of it. For simple liability reasons alone this may be a good idea – who knows what violence this idiocy will inspire.
If I were running a hosting company, I'd be wary of permitting religious content of any sort, much less the "my religion is better than your religion and you should get out of my country/planet" sort.
But I would make a stronger distinction between (1) believing that a particular religion is superior to others and (2) believing that #1 makes it acceptable to stomp all over other's religious sensibilities.
I do, however, think there should be entities in a "common carrier" legal position: they have no legal liability for the content they carry, and they're required to offer service to everyone. Much as AT&T is not responsible for listening to my phone calls, and would not be liable were I to communicate a bomb threat, I believe pure network providers (bandwidth + routed IP address) should be common carriers.
That said, I'm not very comfortable with Rackspace making arbitrary decisions on what speech is permitted and what is not permitted.If I were to host a political blog, I wouldn't want to use a hosting company that can decide to take down the blog because they don't like the editorial policy.
I'm not too happy with Rackspace on this one.
"You may not publish, transmit or store on or via Rackspace's network and equipment any content or links to any content that Rackspace reasonably believes:
is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech"
Who cares? If you let yourself be guided by whether or not the fringe dwellers will get 'inflamed' you've become part of the problem.
Rackspace made the right decision in this case, good for them. I wished the hosting provider of the cos would be just as pro-active.
I think the tricky issue here is "hate speech". There are varying standards, and what metric will/do Rackspace and other hosting providers adhere to?
For example, what if a Rackspace-hosted site contained all or portions of the text of the Catechism of the Catholic Church?
Certainly the Catechism does not promote or incite physical violence. However, it contains unambiguous language regarding the immorality of homosexual acts: http://bit.ly/ccc2357
I'm not attempting to "stir the pot" and initiate an argument over this point in the teaching of the Catholic Church. But I wonder, could/would Rackspace and other hosting companies take down a site which cited this material or posted it verbatim? If not at present, are we headed toward such a day?
In general ...
At what point does a strongly stated religious or moral principle which is at complete odds with the beliefs or lifestyle of another person or group constitute hate speech? And who decides that with respect to something like web hosting, as opposed to someone preaching on a street corner out in public?
Please, no flames, I think this is a serious topic that deserves sincere and balanced treatment.
But really if some organisation was to round up a few hundred Bibles, post on their site that they were going to burn them and here's an invitation, bring your family and your friends, we're doing it to show how we don't like Christians, you can bet that the ISP servicing their site would likely go "uh.... yeah not so much" and also pull the plug.
If they just said they were having a meeting to talk about how they don't like Muslims, fine. You can do that. But it's a bit more drastic to burn a bunch of their holy texts which is DEFINITELY with the intent of inciting violence or hatred toward a (very LARGE) group of people.
Edit: The "very large" bit is not to say that the numbers matter in this case (I'd be just as much against doing that to any other religion or group regardless of size), but only that they are spitting in the eyes of quite a few people and that it's unfortunate.
Jackass pastor gets to say and do stupid things.
Rackspace gets to say "do it on your own box."
You get to say, "meh, kind of lame, Rackspace."
And life goes on.
And all I'm saying is that, under this circumstance, Rackspace gets the same freedom you and the pastor have, and this is as it should be.
But when Rackspace comes to the same conclusion, they're "making arbitrary decisions".
Really?
In this case, it seemed like keeping the website offline was Rackspace's goal, not "refusing service", which is very lame.
However, the "business relationship is a two way street" theory has some caveats. While many of us are familiar with the "We reserve the right to refuse service to anyone" signs in brick and mortar stores, it's not always that simple.
Take the wedding photographer who was sued (and lost) for refusing to photograph a same-sex wedding: http://www.cbn.com/CBNnews/357084.aspx
Obiviously, these examples aren't entirely analogous, but given the litigious nature of American society, any time you refuse/halt service to a customer, it has to be considered. I could easily see this Quran-burning pastor suing on the grounds that he was discriminated against.
Still, this is not that. This isn't a guy quietly practicing his faith and sharing it peacefully with others. To hear some people say it, he's honestly inciting violence. He's being willfully, dangerously provocative.
Wouldn't be surprised if he did find a lawyer to buy him a few more minutes in the spotlight. Interesting angle, and one I hadn't thought of. Ugh, dealing with people: at once the best and worst part of business.
I could easily see this Quran-burning pastor suing on the grounds that he was discriminated against.
How could he claim that? Federal law forbids discrimination in hiring based on religion, but that doesn't mean once I hire a Muslim worker because of his ability to perform the job I have to allow him to take out a rug, kneel and pray for an hour each day while on the clock. He still has to play by my rules, which are applied equally to everyone.
This makes no sense whatsoever. Obviously, you haven't thought this through, since your refusal to host (for example) an online Koran would result in death threats, protests, outrage from online teenaged suburban UMC liberal retards, etc, etc.
Under Danilo's Fictional Hosting, I'm not saying I would refuse religious content outright, I'm saying I'd be much more cautious about religious content than Marjorie's Baking Blog because religion, as a result of the all too common "I'm better than the rest of you" rule, is just a troublesome topic.
Porn is a troublesome topic too -- many hosts don't permit it. Too much exposure to Dawkins leaves me with only the most feeble of arguments against giving the same treatment to religion.
Sometimes sacred cows need to be eaten before people realize that religious bullshit is the root of many of the world's problems.
If I were the church's Gardener, I would've gone on the news and said the same thing too and my phone would be ringing off the hook.
Here's the link: Rely your web startup on Rackspace Cloud? Think again. http://bencheng.net/rely-your-web-startup-on-rackspace-cloud...
I'm actually a current Rackspace Cloud customer, but this type of news makes me reconsider whether I want to be.
I know it's all subjective and Rackspace basically can choose to label anything hate speech. My point is that all providers have this liberty, not just Rackspace.
That's a key issue. Applying their AUP consistently whether they personally agree or disagree with the content in question. (Although as a private entity they do have discretion.)
Rackspace has spent millions in establishing a private infrastructure on which to conduct their private business--hosting web sites. Your right to free speech is not the same as Rackspace's right to do whatever they like on the infrastructure they wholly own.
If you want to make a website about burning Korans or whatever other hateful propaganda, purchase your own server, install it in your own datacenter, and pay for your own uplink. Then you'll be free to do whatever you want on your own servers. That's freedom of speech.
Edit: And if you don't like that Rackspace is pulling sites for whatever reason, then you too are free to host your own server in your own datacenter, maybe even on land you yourself have purchased. Or hell, get another host that explicitly allows that kind of stuff. Then you won't be constrained by what is in truth a business relationship, not an infringement on any constitutional right.
From what I've read, the Qu'ran teaches very similar principles, including the commandment "Thou shalt not kill."
Basically what we're seeing are two religious groups fighting against one another while clearly ignoring their own religious principals.
Disclosure: I'm a practicing Christian in the LDS church
The tone is hardly New Testament - turn the other cheek fare:
Qur'an (4:89) - "They but wish that ye should reject Faith, as they do, and thus be on the same footing (as they): But take not friends from their ranks until they flee in the way of Allah (From what is forbidden). But if they turn renegades, seize them and slay them wherever ye find them; and (in any case) take no friends or helpers from their ranks."
Qur'an (9:73) - "O Prophet! strive hard against the unbelievers and the hypocrites and be unyielding to them; and their abode is hell, and evil is the destination."
It would be interesting to imagine that you're a Martian given copies of these two religious books for the first time divorced from any historical context and asked to determine which one has the nicer message. The Bible does have a bunch of nasty stuff towards the beginning, but turns into a feel-good hippie tract about love being nice towards the end. The Koran, on the other hand, seems to have an awful lot more about being a dick to the unbeliever. Still, I don't claim to have read either all the way through.
Only in the Sequel, and sequels are never as good as the original (except the Godfather).
Nice to know that their God speaks C16 English as well.
Correct me if I'm wrong but Christianity, Islam and even Buddhism rapidly propagated in early ages through conversions and there was a conscious effort for the same in terms of the growth of religion. Maybe such text was merely an aid in helping with the growth of religion in order to establish a certain superiority for followers of one religion over another.
It's a hamfisted critique at best, and utterly ridiculous when you consider that it is being made by someone who has the good fortune not to see the violence being done in his own name.
Ignoring historical context for cheap political points is a rhetorical tool for deceivers, not hackers.
I'm sincerely interested to hear the context I'm missing.
Islam's early spread included conquest, and also included very real economic aspects that were appreciated by its adherents. The religions in the middle east at the time were extremely taxing; one of the reasons there is no priesthood in Islam is the sheer amount that would be paid in tithes to the pre-Islamic religions in the area.
Furthermore, as context, many of these verses are in a historic situation where Muslims were betrayed by an entire group and were on the verge of annihilation. Please don't pretend that violence is abhorrent in that situation. Regardless of what group you belong to (or don't), the fact is that every group in that situation lashes out; whether it is burning and leveling large parts of the South or expelling / killing a group of people who had betrayed a nation. This clearly is not meant to be the behavior in an era where there is peace between various groups.
If what you say is true, you need to account for why there were any Christians or Jews or Hindus for that matter left alive in territories conquered by Muslims. I don't doubt that there were atrocities and acts of malice / evil inflicted by conquerers, but the unfortunate truth is that it is a common part of war; then and now.
I won't be bringing up the topic again, I don't think it is worth it and I doubt you are honestly interested in the issue. Still, it's sad that you choose to demonize 1/6th of the population of the world. Best of luck to you if that's how you choose to live your life.
Acts 19:19 "A number who had practiced sorcery brought their scrolls together and burned them publicly. When they calculated the value of the scrolls, the total came to fifty thousand drachmas." (NIV translation)
Personally this makes me more likely to purchase hosting from them (unless I wanted to make something offensive like this).
Counting the minutes until we hear a politician claim that this violates first amendment rights ...
First amendment free speech rights applies to government censorship not to corporation's censoring things done with their services.
http://webcache.googleusercontent.com/search?q=cache:7AmrruJ...
Anyone have a cached copy so I can decide for myself if there was actual hate speech on the website itself?
http://www.orlandosentinel.com/news/opinion/os-mike-thomas-q...
What if a hosting provider refused to serve another group based on a more popular viewpoint? Would there still be support for rackspace if they refused service to planned parenthood? Many organizations "incite" the devout of various religions.
I know we probably can't, but could we just ignore them, hope they get bored when no one pays attention to them and go away?
Can't we simply ignore a bunch of nuts in a small town in Florida who want to start a fire in their backyard?
It's the same way I feel about terrorism. Can't we just accept the unfortunate loss of life that occurs when some nutter/group of nutters decide to murder people, instead of, you know, being terrorized?
Seriously. We're giving them what they want by paying attention. Do we hear about every KKK barbecue? Do we need to? Aren't we better off if we don't provide free publicity?
Right now some angsty teenager is doodling Muhammad on his notebook, and unless someone throws gas on the fire by making it a news story, it will remain a non-event. There is a cause and effect with stories like these--the media create the news, like the ground zero mosque story.
I know this is different. This is like a store where you pay to yell at people from inside, I guess. But still, you own it, you have the right to draw the line.
That said, if Rackspace had decided to make this their fight, I would hold them in high regard. There is far too much fear of "Muslim outrage", and too many in the press have shown a lot of cowardice.
This preacher is an irrational man, but progress depends on the irrational man. G'Shaw!
For the record, I am pissed that some church wants to go off an incite Muslims in this way but this is America and while I will shout at the top of my lungs 'this is stupid' I will also defend to the cost of life and limb their right to do it.
I am sure Rackspace thought long and hard before doing so. They may have wanted to pull the site out of ideological conviction but I am sure they did once they were convinced they were legally alllowed to do so.
Freedom of speech is only good as long as it doesn't turn into a violent provocation match in my opinion.
And, then, I wonder if any part of the Federal government is a customer of Rackspace?
I say all this simply because it seems unlikely that the the Commander of US Forces in Afghanistan and the President of the United States would both focus their attention on this church, and describe their planned event as being a danger to the troops, and yet they didn't think to call Rackspace? Shutting down the website seems like an obvious pressure point, though, of course, not an especially powerful one.
But for now this takedown will only give the church more attention -- it's the news hook for another cycle of coverage. So I think this is a matter of Rackspace covering their own ass, not doing a favor for anyone who truly wanted to squelch the church -- because the suspension doesn't even effectively serve that purpose.
Heinrich Heine famously wrote "Where they burn books, so too will they in the end burn human beings." a century later his writings ware torched at the Opernplatz in Berlin, among many other books.
Curiously, that famous (and prescient) quote was from a play referring to the burning of the Quran.
That it is within the legal rights of people to do so, is a testament to a great legal system we have, that people are actually doing this abhorrent act, is very disturbing.
I honestly don't know if Terry Jones, et. al., realize that they are following in the footsteps of history's most ignominious figures and movements by doing this. I have to believe they are just ignorant of history-- willingly or not.
Its hard to believe that they've found a way to burn a Qur'an in a way that is offensive not only to Muslims, but also to Jews and Christians-- the two groups who are most portrayed as "at war" with Islam.
In today's world, there is zero chance that any organization could ever hope to remove a "book" from the world. Further, this group first purchased all the copies of the Quran only to burn them (this actually helps make printing Qurans profitable).
There is so little similarity between today's world and the world in which book burning put ideas at risk... and this is so clearly a publicity stunt, that I can't even remotely bring myself to get irritated by it.
For the record, I don't find burning any books or the flag to be offensive -- I just don't get wrapped up in silly symbols.
What do you burn when you hate both Islam and Christianity?
Edit: Apparently the good reverend was also promising to burn copies of the Talmud (presumably burning the Torah would remove all those useful passages about gays)
Me? I'm burning my copy of Team Foundation Server 2005 Hands-on-Guide, of course.
I hope it's not the Kindle version!
Free speech can be, and often is, offensive as hell.
(edit: Quick clarification - this comment is not meant to indicate, either way, my stance on the act of burning Qu'rans or flags, or any other free speech issue, for that matter.)
Effigies are just straw or wood, but burning them can be abhorrent to some witnesses.
So, 1 so far if you're counting me.
This is absolutely outrageous coming from one of the largest web hosting providers in the world. They are supposed to lead by example here. Rackspace has no business censoring any of their customers content just because the don't like what it says, and are scared others won't like it. And who the fuck cares about their TOS/AUS—more than half of it goes well outside the boundaries of what any court would allow to be legally binding. If I put in my TOS that "I can revoke your account anytime because I don't like you", I cannot legally get away with it. At least in circumstances and for business contracts that matter—perhaps not web hosting.
No laws were broken. No law enforcement or court orders were submitted requesting the site be taken offline. Rackspace pulled the plug just because they didn't like their customer's content and feared backlash by association.
The entire reason this matters is because it leads to a slippery slope that becomes the exact opposite of the Constitutional principles upon which America was founded. Where does the slippery slope stop? Can the electric company shut off this pastor's account because they don't want to be known as "his electricity provider"? Can his bank cancel his home loan too? Why stop there—can every entity he does business with in the public market do likewise, and turn this man into a true outcast and force him to live off the grid? Is that what the American constitution says can happen with freedom of speech? No, it doesn't.
First they came for the religious holy book burners, next they came for..., then they came for me etc, etc.
So the line must be drawn somewhere, and online public speech is a pretty damned good and early enough spot to draw it.
Imagine a comparable scenario: an independent newspaper is renting a printing press, they aren't behind on rent but the provider decides they don't like what the paper is printing so they repossess the printing press. That's definitely a form of violence, even if it isn't physical violence (in the same manner that publicly burning another religion's holy text is a form of violence).
edit: I disagree with the parent's point, but the post is civil and is a valid part of the discussion. Please do not downvote it because you disagree with it.
By the same token, removing an organization's website hosting is also a violent act, though of a different and certainly less serious sort. If Rackspace (or whomever) yanked EFF's website from the web I suspect a lot of people would implicitly appreciate the violence inherent in that event.
I'm not trying to defend these scumbags, they are scumbags and what they are doing is wrong. But Rackspace is also in the wrong (though on a much different plane). The way to deal with assholes shouting hate on the street corner is not to kick the soap box out from under them and smash it with an axe. It may be satisfying, but it's ultimately unproductive.
Regarding your second point, also note that I am not advocating making their speech illegal. What I'm recognizing is that others might not want to be associated with it, or enable it in any way. If, for example, I had a venue of some kind, and I was approached by Neo-Nazis to hold a rally, I'd refuse. I can't maintain that position while also faulting Rackspace.
My dictionary (Dictionary.app) says "behavior involving physical force intended to hurt, damage, or kill someone or something." Specifically, how is Rackspace using physical force against anyone?
In this case Rackspace's cessation of hosting services very much seems to be an injury against this church, even if it is not an injury to any person's physical bodies.
But all I'm concerned with here is whether or not [persons at] Rackspace violated the rights of the [members of the] church. To determine this, we need to establish if one party initiated force or fraud against another, and if so, which one did so first.
I don't think anyone's rights were violated here.
Acting within the law is not synonymous with doing the right thing.
It is relevant because you used the word "violence", which implies a violation of rights in the context we are talking about.
> Acting within the law is not synonymous with doing the right thing.
True.