The Islamic State & Media Law

True Threats, Incitement, & Social Media Liability.

True Threats: ISIS Hit list

The ISIS Definition of “Manslaughter”

True Threats• 1. ISIS: 90,000 social media posts per day glorify crimes

against humanity• First Amendment does not protect “true threats”: A

threat that a reasonable person would interpret as a real and serious communication of an intent to inflict harm. Persons who make true threats are liable for criminal prosecution.

• The Twitter Rules (soft law) follow First Amendment Standard: Users may not publish or post direct, specific threats of violence against others.”

• Violation of the law of Google, YouTube or Twitter carries no penalties.

ISIS Digital Propaganda Machine• 2. Surveillance: World governments want social

media companies: Twitter, Facebook, YouTube, remove sophisticated digital propaganda operations of ISIS.

• US governmental surveillance of ISIS social media warranted under FISA & PATRIOT Act (allow roving wiretaps of terrorist suspects).

• Catch 22: Politicians and parents want to shut down ISIS social media sites, intelligence services want to track and monitor them.

Denis Cuspert, German Rapper, “Deso Dogg,” Muslim Convert, ISIS Social Media Recruiter Killed in

Syria.

Recruited German Youth for ISIS, declared “Global Terrorist,” Killed in Syria by US strike (2015).

Douglas McCain, Minnesota: Aspiring rapper: “I’m with the Brothers Now,” killed in Syria

Troy Kastigar (MN): Somalia is the real Disneyland: Killed 2009

Killed in Somalia (Fought with Al-Shabbab, Al Qaida affiliate)

Australian Model, JAMA (D.J): Pro-ISIS Social Media Postings

• Disappeared & Surfaced in Fallujah, Iraq. Killed in Syria fighting for ISIS.

• Part of Australian contingent ( 54) of Jihadist foreign fighters in Iraq and Syria.

Australian Model, JAMA (D.J): Pro-ISIS Social Media Postings

• Disappeared & Surfaced in Fallujah, Iraq. Killed in Syria fighting for ISIS.

• Part of Australian contingent ( 54) of Jihadist foreign fighters in Iraq and Syria.

Mohammed Khan, Illinois

Khan 19, travelling with 17 year-old sister & 16 year-old brother to join ISIS. Brain washed on their cell phones?

Canadian, Damian Clairmont, 22 killed in Syria (2014)

“Parents must resist the urge to blame others and do what they can to address extremist propaganda with their children” Mother.

British ISIS Fighters Killed by RAF Drone

Reyaad KhanRuhul Amin

Tech company liability for harms caused by ISIS Social Media Content

• 3. Section 230 of the Communications Decency Act (1996) immunizes social media platforms from liability for results of ISIS recruiting (deaths).

• CDA protects: “interactive computer service providers” which are classified as distributors not producers or editors of content.

• They are like libraries and bookstores. They cannot be held liable for the content of the books they carry.

• Conclusion: “Speech” that is integral to the commission of crimes against humanity is not protected . International law may tolerate the intolerant, it does not tolerate the intolerable.

Incitement to Violence

• 4. The First Amendment does not protect incitement to violence (Brandenburg v. Ohio, U.S v. Cheeser (South Park Mohammed in bear costume case, 2010).

• Zachary Cheeser posted addresses of South Park creators and threatened them with imminent violence and death. Convicted in Federal Court.

• Does international law tolerate the intolerant and the intolerable?

Universal Declaration of Human Rights

• Article 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

• These rights are exercisable in real space and cyberspace.• Is ISIS Covered by Universal Declaration? Does

international law tolerate the intolerant and the intolerable?

• No! Speech that is integral to the commission of crimes against humanity is not protected .