Combating “Hate”: The Trojan Horse for Precrime, by Conor Gallagher

It’s a simple syllogism: Hate is often a part of crime, particularly violent crime. So why not treat those deemed hateful like criminals even before they commit a crime? From Conor Gallagher at nakedcapitalism.com:

Philip K. Dick’s 1956 novella The Minority Report created “precrime,” the clairvoyant foreknowledge of criminal activity as forecast by mutant “precogs.”The book was a dystopian nightmare, but a 2015 Fox television series transforms the story into one in which a precog works with a cop and shows that data is actually effective at predicting future crime.

Canada is trying to enact a precrime law along the lines of the 2015 show, but it is being  panned about as much as the television series. Ottawa’s online harms bill includes a provision to impose house arrest on someone who is feared to commit a hate crime in the future. From The Globe and Mail:

The person could be made to wear an electronic tag, if the attorney-general requests it, or ordered by a judge to remain at home, the bill says. Mr. Virani, who is Attorney-General as well as Justice Minister, said it is important that any peace bond be “calibrated carefully,” saying it would have to meet a high threshold to apply.

But he said the new power, which would require the attorney-general’s approval as well as a judge’s, could prove “very, very important” to restrain the behaviour of someone with a track record of hateful behaviour who may be targeting certain people or groups…

People found guilty of posting hate speech could have to pay victims up to $20,000 in compensation. But experts including internet law professor Michael Geist have said even a threat of a civil complaint – with a lower burden of proof than a court of law – and a fine could have a chilling effect on freedom of expression.

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