[OT] Discussing Byron Sonne's case

[Digimer]

In light of the recent thread, I wanted to put an offer out there for
TLUG members.

The publication ban allows for face to face discussion on the case. I've
traveled as far as Montreal to talk about this case at hacker groups. I
would like to offer the same to TLUG members now.

Before you come though, be aware of the responsibility of what legal
obligations you will have under the Canadian law (as I understand it
being a lay-person, in other words, IANAL).

- Violating a publication ban is a reverse-onus crime. That means that,
should you be accused of it, you need to prove your innocence.

- The offense is "broadcasting" protected information. In turn, we've
defined that as anything other that being within the hearing range of a
person's voice. No smoke signals or above. No private IRC or IM
discussions, etc.

- The publication ban was requested by the defence and it is allowed on
simple request because of what can be said by the crown before trial.
There is essentially no barrier to what can be accused at the bail
stage, and the bar only moves up a bit at the prelim. The law recognizes
this and offers the publication ban to protect the accused from
accusations that are proven false before trial. This has been extremely
important in this case. All of this protects the tainting of a jury pool
and protects the accused person's name and reputation.

To have this discussion, it can not be open to the public (that would be
broadcasting). I would suggest that membership in this list (before
today) would be a suitable requirement.

If there is interest, let me know. :)

-- 
Digimer
E-Mail: digimer-5ZoueyuiTZhBDgjK7y7TUQ at public.gmane.org
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